Approval and Promulgation of State Plans (Negative Declarations) for Designated Facilities and Pollutants: Connecticut, New Hampshire, Rhode Island, and Vermont; Revisions to State Plan for Designated Facilities and Pollutants: New Hampshire, 25969-25972 [2017-10916]
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
25969
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio Valley
location
Safety zone
68. 1 day—July 4th ...............................
Wellsburg, WV .......
Ohio River, Mile 73.5–74.5 (West Virginia).
69. 1 day—During the first week of July
Wellsburg 4th of July Committee/
Wellsburg 4th of July Freedom Celebration.
Newburgh Fireworks Display ...............
Newburgh, IN .........
70. 3 days—Third or Fourth weekend in
April.
Henderson Tri-Fest/Henderson Breakfast Lions Club.
Ohio River, Mile 777.3–778.3 (Indiana).
Ohio River, Mile 803.5–804.5 (Kentucky).
Dated: May 25, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
be added to 40 CFR 52.370 as paragraph
(c)(55)(i)(B). This paragraph should have
been identified as (c)(55)(i)(C).
Therefore, the amendatory instruction is
being corrected to reflect the correct
CFR reference.
[FR Doc. 2017–11619 Filed 6–5–17; 8:45 am]
BILLING CODE 9110–04–P
Correction
In the direct final rule published in
the Federal Register on May 1, 2017, (82
FR 20262), make the following
correction:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
§ 52.370
[EPA–R01–OAR–2016–0648; A–1–FRL–
9962–83-Region 1]
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) published a final rule in
the Federal Register on May 1, 2017,
approving reasonably available control
technology (RACT) orders for two
facilities in Connecticut, and also
approving the state’s request to
withdraw seven previously approved
RACT orders from the Connecticut state
implementation plan. An error in the
amendatory instruction is identified and
corrected in this action.
DATES: This rule is effective on June 30,
2017.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs
Branch (Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109–
3912; (617) 918–1046;
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION: EPA
published a direct final rule on May 1,
2017 (82 FR 20262) approving two
Connecticut state orders, and also
approving the state’s request to
withdraw seven previously approved
orders from the Connecticut state
implementation plan. In this approval,
EPA incorrectly identified in the
amendatory instructions a paragraph to
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[Corrected]
1. On page 20266, first column, in
amendatory instruction 2 for § 52.370,
in the fourth line, the entry for
paragraph ‘‘(c)(55)(i)(B)’’ is corrected to
read ‘‘(c)(55)(i)(C).’’
■
Air Plan Approval; CT; Approval of
Single Source Orders; Correction
SUMMARY:
Henderson, KY ......
Dated: May 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2017–11571 Filed 6–5–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2017–0202; FRL–9962–41–
Region 1]
Approval and Promulgation of State
Plans (Negative Declarations) for
Designated Facilities and Pollutants:
Connecticut, New Hampshire, Rhode
Island, and Vermont; Revisions to
State Plan for Designated Facilities
and Pollutants: New Hampshire
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving: Negative
declarations for commercial and
industrial solid waste incinerators for
the State of Connecticut, the State of
New Hampshire, the State of Rhode
Island, and the State of Vermont;
negative declarations for hospital/
medical/infectious waste incinerators
for the State of Rhode Island; and
SUMMARY:
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revisions to the state plan for existing
large and small municipal waste
combustors for the State of New
Hampshire. This action is being made in
accordance with sections 111 and 129 of
the Clean Air Act (CAA).
DATES: This direct final rule is effective
August 7, 2017, unless EPA receives
adverse comments by July 6, 2017. If
adverse comments are received, EPA
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0202 at https://
www.regulations.gov, or via email to
bird.patrick@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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 the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Patrick Bird, Air Permits, Toxics, &
Indoor Programs Unit, Air Programs
Branch, Office of Ecosystem Protection,
U.S. Environmental Protection Agency,
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
Region 1, 5 Post Office Square, Mail
Code: OEP05–2, Boston, MA, 02109–
0287. Telephone: 617–918–1287. Fax:
617–918–0287. Email bird.patrick@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. Organization of this document.
The following outline is provided to aid
in locating information in this preamble.
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I. Background
II. Commercial and Industrial Solid Waste
Incinerators
A. Connecticut
B. New Hampshire
C. Rhode Island
D. Vermont
III. Hospital/Medical/Infectious Waste
Incinerators
A. Rhode Island
IV. Large and Small Municipal Waste
Combustors
A. New Hampshire
V. Final Actions
VI. Statutory and Executive Order Reviews
I. Background
Section 129 of the CAA requires EPA
to establish performance standards and
emission guidelines for various types of
new and existing solid waste
incineration units. These rulemakings
establish emission standards for certain
air pollutants, including organics
(dioxins/furans), carbon monoxide,
metals (cadmium, lead, and mercury),
hydrogen chloride, sulfur dioxide,
nitrogen oxides, and particulate matter
(which includes opacity).
Section 129(b)(2) requires states to
submit to EPA for approval section
111(d)/129 plans that implement and
enforce the promulgated emission
guidelines. Section 129(b)(3) requires
EPA to promulgate a federal plan within
two years from the date on which the
emission guidelines, or revision to the
emission guidelines, is promulgated.
The federal plan is applicable to
affected facilities when the state has
failed to receive EPA approval of the
section 111(d)/129 plan. The federal
plan remains in effect until the state
submits and receives EPA approval of
its section 111(d)/129 state plan.
State plans submitted pursuant to
CAA sections 111(d) and 129 must be
consistent with the relevant emission
guidelines. If a state has no existing
sources for the relevant emission
guideline, a state may submit a negative
declaration in lieu of a state plan for
that particular type of existing source
solid waste incineration unit.
II. Commercial and Industrial Solid
Waste Incinerators
Performance standards for new
stationary source commercial and
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industrial solid waste incinerators
(CISWI) and emission guidelines for
existing source CISWI were originally
promulgated on December 1, 2000 (65
FR 75338). These rulemakings
underwent a number of revisions and
amendments throughout the 2000s, with
the most recent amendments being
finalized on June 23, 2016 (81 FR
40956). Due to significant changes to
applicability in the March 21, 2011
CISWI rulemaking, EPA required states
to resubmit state plans for existing
source CISWI. See 76 FR 15704 and 78
FR 9112. Existing source CISWI units
are those which have commenced
construction on or before June 4, 2010
or modified no later than August 7,
2013. The emission guidelines for
existing source CISWI is codified at 40
CFR part 60, subpart DDDD.
A. Connecticut
Connecticut Department of Energy &
Environmental Protection (CT DEEP)
submitted a negative declaration on
September 1, 2015 certifying no existing
source CISWI units operate within the
State of Connecticut. CT DEEP noted the
energy recovery incinerator located at
Pfizer, Inc. in Groton, Connecticut
ceased operation in 2008. The unit’s
permits were revoked, and the
incinerator was rendered inoperable.
B. New Hampshire
The New Hampshire Department of
Environmental Services (NH DES)
submitted a negative declaration on
September 25, 2013 certifying no
existing source CISWI units operate
within the State of New Hampshire. NH
DES noted that an existing source CISWI
unit located at D.D. Bean & Sons Co. in
Jaffrey, New Hampshire ceased
operating in January 2005. The unit was
completely dismantled in August 2005.
NH DES has requested its state plan for
existing source CISWI, approved by EPA
on February 10, 2003 (68 FR 6635), be
withdrawn and the negative declaration
be approved in its stead.
C. Rhode Island
The Rhode Island Department of
Environmental Management (RI DEM)
submitted a negative declaration on
August 19, 2015 certifying no existing
source CISWI units operate within the
State of Rhode Island. This certification
serves to update a previous negative
declaration for existing source CISWI
approved by EPA on April 12, 2002 (67
FR 17946).
D. Vermont
The Vermont Department of
Environmental Conservation (VT DEC)
submitted a negative declaration on July
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26, 2013 certifying no existing source
CISWI units operate within the State of
Vermont. This certification serves to
update a previous negative declaration
for existing source CISWI approved by
EPA on December 11, 2001 (66 FR
63940).
III. Hospital/Medical/Infectious Waste
Incinerators
Performance standards for new
stationary source hospital/medical/
infectious waste incinerators (HMIWI)
and emission guidelines for existing
source HMIWI were originally
promulgated on September 15, 1997 (62
FR 48348). The rulemakings underwent
a number of revisions and amendments
throughout the 2000s, with the most
recent amendments being finalized on
April 4, 2011(76 FR 18407). Existing
source HMIWI units are those which
have commenced construction on or
before December 1, 2008 or modified no
later than April 6, 2010. The emission
guidelines for existing source HMIWI
are codified at 40 CFR part 60, subpart
Ce.
A. Rhode Island
RI DEM submitted a negative
declaration on February 8, 2011
certifying no existing source HMIWI
units operate within the State of Rhode
Island. All HMIWI units within the state
have permanently ceased operation. On
August 19, 2015, RI DEM requested its
state plan for existing source HMIWI,
approved by EPA on April 27, 2001 (66
FR 21092), be withdrawn and the
negative declaration be approved in its
stead.
IV. Large and Small Municipal Waste
Combustors
Performance standards for new
stationary source large municipal waste
combustors (MWC) and emission
guidelines for existing large MWCs were
originally promulgated on February 11,
1991 (54 FR 52251). Large MWC
rulemakings underwent a number of
revisions and amendments throughout
the 1990s and early 2000s, with the
most recent amendments being finalized
on May 10, 2006 (71 FR 18407).
Performance standards for new
stationary source small MWCs and
emission guidelines for existing small
MWCs were originally promulgated on
December 6, 2000 (65 FR 76350 and 65
FR 76378). Existing large MWC units are
those which have commenced
construction on or before September 20,
1994 or modified no later than June 19,
1996. The emission guidelines for
existing source large MWCs are codified
at 40 CFR part 60, subpart Cb. Existing
source small MWC units are those
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which have commenced construction on
or before August 30, 1999 or modified
no later than June 21, 2001. The
emission guidelines for existing small
MWCs are codified at 40 CFR part 60,
subpart AAAA.
A. New Hampshire
EPA approved the New Hampshire
large and small MWC state plan on
February 10, 2003 (68 FR 6630). The
implementing and enforceable
regulation for the New Hampshire large
and small MWC state plan is CHAPTER
Env-A 3300 MUNICIPAL WASTE
COMBUSTION. On January 29, 2009,
NH DES submitted revisions to its large
and small MWC state plan, specifically
revisions to Env-A 3300, in order to
make New Hampshire’s state plan
consistent with EPA’s 2006
amendments to the large MWC emission
guidelines. A technical amendment to
the January 2009 submittal was
submitted on February 13, 2009. EPA
approved New Hampshire’s state plan
revisions on September 3, 2014 (79 FR
52204).
In early 2016, the New Hampshire
General Court revised 125–C:10–a, a
state statute that establishes emission
limits for large and small MWC units.
The revised legislation increased the
stringency of emission limits for
existing small MWCs for particulate
matter, cadmium, lead, and dioxin/
furans. The revised emission limits for
existing small MWCs are now identical
to those of existing large MWCs for
those particular pollutants. Revision to
125–C:10–a became effective on July 18,
2016.
In anticipation of the legislative
action, NH DES revised Env-A 3300.
Revisions to Env-A 3300 incorporated
by reference 125–C:10–a and added a
table to Env-A 3300 at Appendix D
summarizing the most stringent
emission limits applicable to existing
small MWCs in New Hampshire. Other
inconsequential formatting changes
were made to Env-A 3300. Overall, the
revised emission limits for existing
source small MWCs make the New
Hampshire regulation more stringent
than federal standards for existing small
MWCs.
NH DES submitted the amended EnvA 3300 as a state plan revision on July
28, 2016. NH DES provided adequate
public notice of public hearings for the
proposed rulemaking Env-A 3300.
V. Final Actions
EPA is approving CISWI negative
declarations for the State of
Connecticut, the State of Rhode Island,
and the State of Vermont. EPA is
approving the withdrawal of the New
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Hampshire CISWI state plan and
approving the state’s negative
declaration. EPA is approving the
withdrawal of the Rhode Island HMIWI
state plan and approving the state’s
negative declaration. These negative
declarations satisfy the requirements of
40 CFR 62.06 and will serve in lieu of
CAA section 111(d)/129 state plans for
the specified states and source
categories.
EPA is approving revisions to the
New Hampshire state plan for large and
small MWCs. EPA’s approval of the
New Hampshire’s state plan is based on
our findings that:
• NH DES provided adequate public
notice of public hearings for the
proposed rulemaking that allows New
Hampshire to carry out and enforce
provisions that are at least as protective
as the emission guidelines for large and
small MWCs, and;
• NH DES demonstrated legal
authority to adopt emission standards
and compliance schedules applicable to
the designated facilities; enforce
applicable laws, regulations, standards
and compliance schedules; seek
injunctive relief; obtain information
necessary to determine compliance;
require record keeping; conduct
inspections and tests; require the use of
monitors; require emission reports of
owners and operators; and make
emission data publicly available.
EPA is publishing these actions
without prior proposal because the
Agency views these as noncontroversial
amendments and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the negative
declarations, State Plan withdrawal, and
technical corrections should relevant
adverse comments be filed. This rule
will be effective August 7, 2017 without
further notice unless the Agency
receives relevant adverse comments by
July 6, 2017.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on August 7, 2017 and no further action
will be taken on the proposed rule.
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25971
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a 111(d)/129 plan
submission that complies with the
provisions of the CAA and applicable
Federal regulations. 40 CFR 62.04. Thus,
in reviewing 111(d)/129 plan
submissions, 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 Order 12866 (58 FR 51735,
October 4, 1993) and Executive Order
13563 (76 FR 3821, January 21, 2011);
• 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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because this direct
final rulemaking is not approved to
apply in Indian country located in the
state, and EPA notes that 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 August 7, 2017.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: April 20, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
Part 62 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
■
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 H—Connecticut
2. Add § 62.1750 and an undesignated
center heading to subpart H to read as
follows:
■
Air Emissions From Existing
Commercial and Industrial Solid Waste
Incineration Units
§ 62.1750 Identification of plan—negative
declaration.
On September 1, 2015, the State of
Connecticut Department of Energy and
Environmental Protection submitted a
letter certifying no Commercial and
Industrial Solid Waste Incineration
units subject to 40 CFR 60, subpart
DDDD operate within the state’s
jurisdiction.
Subpart EE—New Hampshire
3. Amend § 62.7325 by:
a. Removing and reserving paragraph
(b)(3);
■ b. Adding paragraph (b)(4)(ii); and
■ c. Removing and reserving paragraph
(c)(3).
The addition reads as follows:
■
■
§ 62.7325
Identification of plan.
*
*
*
*
*
(b) * * *
(4) * * *
(ii) Revised State Plan for Large and
Small Municipal Waste Combustors was
submitted on July 28, 2016. Revisions
included amendments to New
Hampshire Code of Administrative
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Rules Env-A 3300 Municipal Waste
Combustion in response to more
stringent emission limits for Small
MWCs enacted by the New Hampshire
General Court in 2016 and codified at
New Hampshire Revised Statutes
Annotated 125–C:10-a.
*
*
*
*
*
■ 4. Revise § 62.7455 to read as follows:
§ 62.7455 Identification of plan—negative
declaration.
On September 25, 2013 the State of
New Hampshire Department of
Environmental Services submitted a
letter certifying no Commercial and
Industrial Solid Waste Incineration
units subject to 40 CFR part 60, subpart
DDDD operate within the state’s
jurisdiction.
Subpart OO—Rhode Island
5. Add an undesignated center
heading preceding § 62.9825 to read as
follows:
■
Plan for the Control of Designated
Pollutants From Existing Facilities
(Section 111(d) Plan)
§ 62.9825
[Amended]
6. Section 62.9825 is amended by
removing and reserving paragraphs
(b)(1) and (c)(1).
■ 7. Revise § 62.9990 to read as follows:
■
§ 62.9990 Identification of plan—negative
declaration.
On September 25, 2013 the State of
Rhode Island Department of
Environmental Management submitted a
letter certifying no Hospital/Medical/
Infectious Waste Incinerators units
subject to 40 CFR part 60, subpart Ce
operate within the state’s jurisdiction.
Subpart UU—Vermont
8. Revise § 62.11480 to read as
follows:
■
§ 62.11480 Identification of plan—negative
declaration.
On July 26, 2013, the State of Vermont
Department of Environmental
Conservation submitted a letter
certifying no Commercial and Industrial
Solid Waste Incineration units subject to
40 CFR part 60, subpart DDDD operate
within the state’s jurisdiction.
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BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25969-25972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10916]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2017-0202; FRL-9962-41-Region 1]
Approval and Promulgation of State Plans (Negative Declarations)
for Designated Facilities and Pollutants: Connecticut, New Hampshire,
Rhode Island, and Vermont; Revisions to State Plan for Designated
Facilities and Pollutants: New Hampshire
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving:
Negative declarations for commercial and industrial solid waste
incinerators for the State of Connecticut, the State of New Hampshire,
the State of Rhode Island, and the State of Vermont; negative
declarations for hospital/medical/infectious waste incinerators for the
State of Rhode Island; and revisions to the state plan for existing
large and small municipal waste combustors for the State of New
Hampshire. This action is being made in accordance with sections 111
and 129 of the Clean Air Act (CAA).
DATES: This direct final rule is effective August 7, 2017, unless EPA
receives adverse comments by July 6, 2017. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0202 at https://www.regulations.gov, or via email to
bird.patrick@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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 the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxics, &
Indoor Programs Unit, Air Programs Branch, Office of Ecosystem
Protection, U.S. Environmental Protection Agency,
[[Page 25970]]
Region 1, 5 Post Office Square, Mail Code: OEP05-2, Boston, MA, 02109-
0287. Telephone: 617-918-1287. Fax: 617-918-0287. Email
bird.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. Organization of this document. The following outline
is provided to aid in locating information in this preamble.
I. Background
II. Commercial and Industrial Solid Waste Incinerators
A. Connecticut
B. New Hampshire
C. Rhode Island
D. Vermont
III. Hospital/Medical/Infectious Waste Incinerators
A. Rhode Island
IV. Large and Small Municipal Waste Combustors
A. New Hampshire
V. Final Actions
VI. Statutory and Executive Order Reviews
I. Background
Section 129 of the CAA requires EPA to establish performance
standards and emission guidelines for various types of new and existing
solid waste incineration units. These rulemakings establish emission
standards for certain air pollutants, including organics (dioxins/
furans), carbon monoxide, metals (cadmium, lead, and mercury), hydrogen
chloride, sulfur dioxide, nitrogen oxides, and particulate matter
(which includes opacity).
Section 129(b)(2) requires states to submit to EPA for approval
section 111(d)/129 plans that implement and enforce the promulgated
emission guidelines. Section 129(b)(3) requires EPA to promulgate a
federal plan within two years from the date on which the emission
guidelines, or revision to the emission guidelines, is promulgated. The
federal plan is applicable to affected facilities when the state has
failed to receive EPA approval of the section 111(d)/129 plan. The
federal plan remains in effect until the state submits and receives EPA
approval of its section 111(d)/129 state plan.
State plans submitted pursuant to CAA sections 111(d) and 129 must
be consistent with the relevant emission guidelines. If a state has no
existing sources for the relevant emission guideline, a state may
submit a negative declaration in lieu of a state plan for that
particular type of existing source solid waste incineration unit.
II. Commercial and Industrial Solid Waste Incinerators
Performance standards for new stationary source commercial and
industrial solid waste incinerators (CISWI) and emission guidelines for
existing source CISWI were originally promulgated on December 1, 2000
(65 FR 75338). These rulemakings underwent a number of revisions and
amendments throughout the 2000s, with the most recent amendments being
finalized on June 23, 2016 (81 FR 40956). Due to significant changes to
applicability in the March 21, 2011 CISWI rulemaking, EPA required
states to resubmit state plans for existing source CISWI. See 76 FR
15704 and 78 FR 9112. Existing source CISWI units are those which have
commenced construction on or before June 4, 2010 or modified no later
than August 7, 2013. The emission guidelines for existing source CISWI
is codified at 40 CFR part 60, subpart DDDD.
A. Connecticut
Connecticut Department of Energy & Environmental Protection (CT
DEEP) submitted a negative declaration on September 1, 2015 certifying
no existing source CISWI units operate within the State of Connecticut.
CT DEEP noted the energy recovery incinerator located at Pfizer, Inc.
in Groton, Connecticut ceased operation in 2008. The unit's permits
were revoked, and the incinerator was rendered inoperable.
B. New Hampshire
The New Hampshire Department of Environmental Services (NH DES)
submitted a negative declaration on September 25, 2013 certifying no
existing source CISWI units operate within the State of New Hampshire.
NH DES noted that an existing source CISWI unit located at D.D. Bean &
Sons Co. in Jaffrey, New Hampshire ceased operating in January 2005.
The unit was completely dismantled in August 2005. NH DES has requested
its state plan for existing source CISWI, approved by EPA on February
10, 2003 (68 FR 6635), be withdrawn and the negative declaration be
approved in its stead.
C. Rhode Island
The Rhode Island Department of Environmental Management (RI DEM)
submitted a negative declaration on August 19, 2015 certifying no
existing source CISWI units operate within the State of Rhode Island.
This certification serves to update a previous negative declaration for
existing source CISWI approved by EPA on April 12, 2002 (67 FR 17946).
D. Vermont
The Vermont Department of Environmental Conservation (VT DEC)
submitted a negative declaration on July 26, 2013 certifying no
existing source CISWI units operate within the State of Vermont. This
certification serves to update a previous negative declaration for
existing source CISWI approved by EPA on December 11, 2001 (66 FR
63940).
III. Hospital/Medical/Infectious Waste Incinerators
Performance standards for new stationary source hospital/medical/
infectious waste incinerators (HMIWI) and emission guidelines for
existing source HMIWI were originally promulgated on September 15, 1997
(62 FR 48348). The rulemakings underwent a number of revisions and
amendments throughout the 2000s, with the most recent amendments being
finalized on April 4, 2011(76 FR 18407). Existing source HMIWI units
are those which have commenced construction on or before December 1,
2008 or modified no later than April 6, 2010. The emission guidelines
for existing source HMIWI are codified at 40 CFR part 60, subpart Ce.
A. Rhode Island
RI DEM submitted a negative declaration on February 8, 2011
certifying no existing source HMIWI units operate within the State of
Rhode Island. All HMIWI units within the state have permanently ceased
operation. On August 19, 2015, RI DEM requested its state plan for
existing source HMIWI, approved by EPA on April 27, 2001 (66 FR 21092),
be withdrawn and the negative declaration be approved in its stead.
IV. Large and Small Municipal Waste Combustors
Performance standards for new stationary source large municipal
waste combustors (MWC) and emission guidelines for existing large MWCs
were originally promulgated on February 11, 1991 (54 FR 52251). Large
MWC rulemakings underwent a number of revisions and amendments
throughout the 1990s and early 2000s, with the most recent amendments
being finalized on May 10, 2006 (71 FR 18407). Performance standards
for new stationary source small MWCs and emission guidelines for
existing small MWCs were originally promulgated on December 6, 2000 (65
FR 76350 and 65 FR 76378). Existing large MWC units are those which
have commenced construction on or before September 20, 1994 or modified
no later than June 19, 1996. The emission guidelines for existing
source large MWCs are codified at 40 CFR part 60, subpart Cb. Existing
source small MWC units are those
[[Page 25971]]
which have commenced construction on or before August 30, 1999 or
modified no later than June 21, 2001. The emission guidelines for
existing small MWCs are codified at 40 CFR part 60, subpart AAAA.
A. New Hampshire
EPA approved the New Hampshire large and small MWC state plan on
February 10, 2003 (68 FR 6630). The implementing and enforceable
regulation for the New Hampshire large and small MWC state plan is
CHAPTER Env-A 3300 MUNICIPAL WASTE COMBUSTION. On January 29, 2009, NH
DES submitted revisions to its large and small MWC state plan,
specifically revisions to Env-A 3300, in order to make New Hampshire's
state plan consistent with EPA's 2006 amendments to the large MWC
emission guidelines. A technical amendment to the January 2009
submittal was submitted on February 13, 2009. EPA approved New
Hampshire's state plan revisions on September 3, 2014 (79 FR 52204).
In early 2016, the New Hampshire General Court revised 125-C:10-a,
a state statute that establishes emission limits for large and small
MWC units. The revised legislation increased the stringency of emission
limits for existing small MWCs for particulate matter, cadmium, lead,
and dioxin/furans. The revised emission limits for existing small MWCs
are now identical to those of existing large MWCs for those particular
pollutants. Revision to 125-C:10-a became effective on July 18, 2016.
In anticipation of the legislative action, NH DES revised Env-A
3300. Revisions to Env-A 3300 incorporated by reference 125-C:10-a and
added a table to Env-A 3300 at Appendix D summarizing the most
stringent emission limits applicable to existing small MWCs in New
Hampshire. Other inconsequential formatting changes were made to Env-A
3300. Overall, the revised emission limits for existing source small
MWCs make the New Hampshire regulation more stringent than federal
standards for existing small MWCs.
NH DES submitted the amended Env-A 3300 as a state plan revision on
July 28, 2016. NH DES provided adequate public notice of public
hearings for the proposed rulemaking Env-A 3300.
V. Final Actions
EPA is approving CISWI negative declarations for the State of
Connecticut, the State of Rhode Island, and the State of Vermont. EPA
is approving the withdrawal of the New Hampshire CISWI state plan and
approving the state's negative declaration. EPA is approving the
withdrawal of the Rhode Island HMIWI state plan and approving the
state's negative declaration. These negative declarations satisfy the
requirements of 40 CFR 62.06 and will serve in lieu of CAA section
111(d)/129 state plans for the specified states and source categories.
EPA is approving revisions to the New Hampshire state plan for
large and small MWCs. EPA's approval of the New Hampshire's state plan
is based on our findings that:
NH DES provided adequate public notice of public hearings
for the proposed rulemaking that allows New Hampshire to carry out and
enforce provisions that are at least as protective as the emission
guidelines for large and small MWCs, and;
NH DES demonstrated legal authority to adopt emission
standards and compliance schedules applicable to the designated
facilities; enforce applicable laws, regulations, standards and
compliance schedules; seek injunctive relief; obtain information
necessary to determine compliance; require record keeping; conduct
inspections and tests; require the use of monitors; require emission
reports of owners and operators; and make emission data publicly
available.
EPA is publishing these actions without prior proposal because the
Agency views these as noncontroversial amendments and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the negative declarations,
State Plan withdrawal, and technical corrections should relevant
adverse comments be filed. This rule will be effective August 7, 2017
without further notice unless the Agency receives relevant adverse
comments by July 6, 2017.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on August 7, 2017 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing
111(d)/129 plan submissions, 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 Order
12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR
3821, January 21, 2011);
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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible
[[Page 25972]]
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because this direct final rulemaking is not approved to apply in Indian
country located in the state, and EPA notes that 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 August 7, 2017. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: April 20, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
0
Part 62 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
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 H--Connecticut
0
2. Add Sec. 62.1750 and an undesignated center heading to subpart H to
read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste
Incineration Units
Sec. 62.1750 Identification of plan--negative declaration.
On September 1, 2015, the State of Connecticut Department of Energy
and Environmental Protection submitted a letter certifying no
Commercial and Industrial Solid Waste Incineration units subject to 40
CFR 60, subpart DDDD operate within the state's jurisdiction.
Subpart EE--New Hampshire
0
3. Amend Sec. 62.7325 by:
0
a. Removing and reserving paragraph (b)(3);
0
b. Adding paragraph (b)(4)(ii); and
0
c. Removing and reserving paragraph (c)(3).
The addition reads as follows:
Sec. 62.7325 Identification of plan.
* * * * *
(b) * * *
(4) * * *
(ii) Revised State Plan for Large and Small Municipal Waste
Combustors was submitted on July 28, 2016. Revisions included
amendments to New Hampshire Code of Administrative Rules Env-A 3300
Municipal Waste Combustion in response to more stringent emission
limits for Small MWCs enacted by the New Hampshire General Court in
2016 and codified at New Hampshire Revised Statutes Annotated 125-C:10-
a.
* * * * *
0
4. Revise Sec. 62.7455 to read as follows:
Sec. 62.7455 Identification of plan--negative declaration.
On September 25, 2013 the State of New Hampshire Department of
Environmental Services submitted a letter certifying no Commercial and
Industrial Solid Waste Incineration units subject to 40 CFR part 60,
subpart DDDD operate within the state's jurisdiction.
Subpart OO--Rhode Island
0
5. Add an undesignated center heading preceding Sec. 62.9825 to read
as follows:
Plan for the Control of Designated Pollutants From Existing Facilities
(Section 111(d) Plan)
Sec. 62.9825 [Amended]
0
6. Section 62.9825 is amended by removing and reserving paragraphs
(b)(1) and (c)(1).
0
7. Revise Sec. 62.9990 to read as follows:
Sec. 62.9990 Identification of plan--negative declaration.
On September 25, 2013 the State of Rhode Island Department of
Environmental Management submitted a letter certifying no Hospital/
Medical/Infectious Waste Incinerators units subject to 40 CFR part 60,
subpart Ce operate within the state's jurisdiction.
Subpart UU--Vermont
0
8. Revise Sec. 62.11480 to read as follows:
Sec. 62.11480 Identification of plan--negative declaration.
On July 26, 2013, the State of Vermont Department of Environmental
Conservation submitted a letter certifying no Commercial and Industrial
Solid Waste Incineration units subject to 40 CFR part 60, subpart DDDD
operate within the state's jurisdiction.
[FR Doc. 2017-10916 Filed 6-5-17; 8:45 am]
BILLING CODE 6560-50-P
