Approval and Promulgation of State Plans for Designated Facilities; New York, 45589-45592 [2018-19598]

Download as PDF daltland on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules at (919) 541–4860 or at gates.adrian@ epa.gov. The last day to pre-register to speak at the hearing will be September 24, 2018. On September 28, 2018, the EPA will post at https://www.epa.gov/ stationary-sources-air-pollution/forms/ affordable-clean-energy-rule-proposalpublic-hearing a general agenda for the hearing that will list pre-registered speakers in approximate order. The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearing to run either ahead of schedule or behind schedule. Additionally, requests to speak will be taken the day of the hearing at the hearing registration desk. The EPA will make every effort to accommodate all speakers who arrive and register, although preferences on speaking times may not be able to be fulfilled. SUPPLEMENTARY INFORMATION: Each commenter will have 5 minutes to provide oral testimony. The EPA encourages commenters to provide the EPA with a copy of their oral testimony electronically (via email) or in hard copy form. The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing. Commenters should notify Adrian Gates if they will need specific equipment or if there are other special needs related to providing comments at the hearing. Verbatim transcripts of the hearing and written statements will be included in the docket for the rulemaking. Please note that any updates made to any aspect of the hearing will be posted online at https://www.epa.gov/ stationary-sources-air-pollution/forms/ affordable-clean-energy-rule-proposalpublic-hearing. While the EPA expects the hearing to go forward as set forth above, please monitor our website or contact Adrian Gates at (919) 541–4860 or gates.adrian@epa.gov to determine if there are any updates. The EPA does not intend to publish a document in the Federal Register announcing updates. The EPA will not provide audiovisual equipment for presentations unless we receive special requests in advance. Commenters should notify Adrian Gates when they pre-register to speak that they will need specific equipment. If you require the service of a translator or special accommodations such as audio description, please pre-register for the hearing and describe your needs by VerDate Sep<11>2014 16:20 Sep 07, 2018 Jkt 244001 September 24, 2018. We may not be able to arrange accommodations without advanced notice. Dated: September 4, 2018. Panagiotis Tsirigotis, Director, Office of Air Quality Planning and Standards. [FR Doc. 2018–19505 Filed 9–7–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R02–OAR–2018–0564, FRL–9983– 42—Region 2] Approval and Promulgation of State Plans for Designated Facilities; New York Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve the State plan submitted by New York State to implement and enforce Emission Guidelines (EG) for existing large municipal waste combustor (MWC) units. The State plan is consistent with the amended EG promulgated by EPA on May 10, 2006. New York’s plan establishes emission limits and other requirements for the purpose of reducing emissions of lead, mercury, cadmium, organics, hydrogen chloride and other air pollutants from large MWC units throughout the State. New York submitted its plan to fulfill the requirements of sections 111(d) and 129 of the Clean Air Act. DATES: Comments must be received on or before October 10, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R02– OAR–2018–0564 to https:// www.regulations.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 SUMMARY: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 45589 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 https:// www2.epa.gov/dockets/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella (Gardella.anthony@epa.gov), Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007– 1866, (212) 637–3892. SUPPLEMENTARY INFORMATION: The following table of contents describes the format for the SUPPLEMENTARY INFORMATION section: I. EPA Action A. What action is EPA proposing today? B. Who is affected by New York’s revised State plan? C. How does this approval affect sources located in Indian Nation Land? II. Background A. What is a State plan? B. Why is EPA requiring New York to submit a revised large MWC State plan? C. What are the requirements for a revised large MWC State plan? D. What revisions did EPA make to subpart Cb as amended on May 10, 2006? III. New York’s State Plan A. What is contained in the New York State revised plan? B. What approval criteria did we use to evaluate New York’s revised State plan? IV. What is EPA’s conclusion? V. Statutory and Executive Order Reviews I. EPA Action A. What action is EPA proposing today? EPA is proposing to approve New York’s revised State plan, submitted on July 12, 2013, for the control of air emissions from existing large municipal waste combustor (MWC) units throughout the State, except for any existing large MWC units located in Indian Nation Land. In accordance with the Clean Air Act (CAA), New York previously submitted a State plan on December 15, 1997, as supplemented on June 22, 1998, which was approved by EPA on August 4, 1998, 63 FR 41427. New York also submitted a revised State plan on October 7, 1998, as supplemented on November 5, 1998 which was approved by the EPA on February 9, 1999, 64 FR 6237. New York E:\FR\FM\10SEP1.SGM 10SEP1 45590 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules submitted its July 2013 revised plan to fulfill the requirements of section 111(d) and 129 of the CAA. The revised State plan adopts and implements the Emission Guidelines (EG) amended by EPA on May 10, 2006 applicable to existing large MWC units, and establishes revised emission limits and other requirements for units constructed on or before September 20, 1994. This proposed approval, once finalized and effective, will make New York’s revised large MWC rules included in the State plan federally enforceable. B. Who is affected by New York’s revised State plan? New York’s revised State plan regulates all the units designated by the amended EG applicable to existing large MWC units with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction commenced on or before September 20, 1994. C. How does this approval affect sources located in Indian Nation Land? New York’s revised State plan is not applicable to units located in Indian Nation Land. Therefore, if there are any existing large MWC units located in Indian Nation Land these existing large MWC units will be subject to the Federal plan.1 daltland on DSKBBV9HB2PROD with PROPOSALS II. Background A. What is a State plan? Section 111 of the CAA, ‘‘Standards of Performance for New Stationary Sources,’’ authorizes EPA to set air emissions standards for certain categories of sources. These standards are called New Source Performance Standards (NSPS). When a NSPS is promulgated for new sources, section 111(d) and EPA regulations also require that EPA publish an EG applicable to control the same pollutants from existing (or designated) facilities. States with designated facilities must then develop a State plan to adopt the requirements of the EG into the State’s body of regulations. States must also include in their State plan other requirements, such as inventories, legal authority, reporting and recordkeeping, and public participation documentation, to demonstrate their ability to enforce the State plans. Section 129 of the CAA requires EPA to establish performance standards and 1 The EPA has not yet promulgated a Federal plan for the May 2006 large MWC EG. The current Federal plan was promulgated on May 24, 2000 (65 FR 33461) and amended on July 14, 2004 (69 FR 42117) for the large MWC EG promulgated on August 25, 1997 (62 FR 45124) as amended on July 12, 2001 (66 FR 36473). VerDate Sep<11>2014 16:20 Sep 07, 2018 Jkt 244001 emission guidelines for various types of new and existing solid waste incineration units. Section 129(b)(2) requires States to submit to EPA for approval section 111(d)/129 plans that implement and enforce the promulgated EG. Section 129(b)(3) requires EPA to promulgate a Federal plan (FP) within two years from the date on which the EG, or when revision to the EG, is promulgated. The FP is applicable to affected facilities when the state has failed to receive EPA approval of the section 111(d)/129 plan. The FP remains in effect until the state submits and receives EPA approval of its section 111(d)/129 plan. State plan submittals under CAA sections 111(d) and 129 must be consistent with the relevant EG, in this instance 40 CFR part 60, subpart Cb, and the requirements of 40 CFR part 60, subpart B and part 62, subpart A. Section 129 of the CAA regulates air pollutants that include organics (dioxins/furans), carbon monoxide, metals (cadmium, lead, and mercury), hydrogen chloride, sulfur dioxide, nitrogen oxides, particulate matter, and opacity (as appropriate). B. Why is EPA requiring New York to submit a revised large MWC State plan? When EPA developed the amended NSPS for large MWC units, we simultaneously developed the amended EG to control air emissions from existing units (see 71 FR 27324, May 10, 2006). Under section 129 of the CAA, the EG is not federally enforceable; therefore, section 129 of the CAA also requires states to submit to EPA for approval State plans that implement and enforce the EG. Under section 129 of the CAA, these State plans must be at least as protective as the EG, and they become federally enforceable upon approval by EPA. The procedures for adopting and submitting State plans are located in 40 CFR part 60, subpart B. If a state fails to have an approvable plan in place, the EPA is required to promulgate a federal plan to establish requirements for those sources not under an EPA-approved State plan. New York has developed and submitted a revised State plan, as required by sections 111(d)/129 of the CAA, to gain federal approval to implement and enforce the requirements of the amended EG for existing large MWC units. The procedures for EPA’s approval and disapproval of State plans are located in 40 CFR part 62, subpart A. EPA is proposing to approve New York’s State plan since it is deemed at least as protective as the standards set in the EG, as amended on May 10, 2006. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 C. What are the requirements for a revised large MWC State plan? A section 111(d) State plan submittal must meet the requirements of 40 CFR part 60, subpart B, sections 60.23 through 60.26, and the amended EG found at 40 CFR part 60, subpart Cb (see 71 FR 27324, May 10, 2006). Subpart B contains the procedures for the adoption and submittal of State plans. This subpart addresses public participation, legal authority, emission standards and other emission limitations, compliance schedules, emission inventories, source surveillance, and compliance assurance and enforcement requirements. EPA promulgated the amended EG at 40 CFR part 60, subpart Cb on May 10, 2006. Subpart Cb contains guidelines to the states for submittal of plans that address existing large MWC units. In addition, subpart Cb contains the technical requirements for existing large MWC units located at a facility designed to combust municipal solid waste and applies to each MWC unit with a combustion capacity greater than 250 tons per day for which construction was commenced on or before September 20, 1994. A state can address the large MWC technical requirements by adopting its own regulation that includes all the applicable requirements of subpart Cb or by incorporating by reference subpart Cb if the state meets certain requirements. States with affected facilities are required to submit to EPA a section 111(d)/129 plan to implement and enforce all provisions of subpart Cb, as amended on May 10, 2006. Prior to submittal to EPA, the State must make available to the public the State plan and provide opportunity for public comment, including a public hearing. D. What revisions did EPA make to subpart Cb as amended on May 10, 2006? Section 129(a)(5) of the CAA requires EPA to conduct 5-year reviews of NSPS for solid waste incinerators and amend standards and requirements as appropriate. Accordingly, EPA promulgated amended standards and requirements for large MWCs on May 10, 2006. This rulemaking resulted in two major revisions as well as other revisions. The two major revisions include revisions to emission limits and revisions to compliance testing provisions. Relative to the 1995 EG, the emission limits in the May 2006 rulemaking for existing large MWC units are revised for dioxin/furans (only for units equipped with electrostatic precipitators), mercury, cadmium, lead, particulate E:\FR\FM\10SEP1.SGM 10SEP1 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules matter, and nitrogen oxides (for some types of units). The second major revision to the EG included revisions to the compliance testing provisions to require increased data availability from continuous emissions monitoring Systems (CEMS). CEMS are required to generate at least 95% data availability on a calendar year basis and at least 90% data availability on a calendar quarter basis. Also, the compliance testing provisions have also been revised to allow the optional use of CEMS to monitor particulate matter and mercury. Other revisions include the following: • Operator stand-in provisions to clarify how long a shift supervisor is allowed to be off site when a provisionally certified control room operator is standing in; • An 8-hour block average for measuring activated carbon injection rate; • A provision for waiver of operating parameter limits during the mercury performance tests and two weeks preceding the test, as is already allowed for dioxin testing; • A revision to the relative accuracy criterion for sulfur dioxide and carbon monoxide CEMS; • Flexibility to the annual compliance testing schedule so that a facility tests once per calendar year, but no less than 9 months and not more than 15 months since the previous test; • Allowing the use of parametric monitoring limits from an exceptionally well-operated MWC unit to be applied to all identical units at the same plant site without retesting for dioxin; • The option of monitoring the activated carbon injection pressure or equivalent parameter; and • Clarifying the exclusion of monitoring data from compliance calculations under certain conditions. New York’s revised State plan submittal in July 2013 for existing large MWCs includes all the revisions to subpart Cb, as amended on May 10, 2006. III. New York’s State Plan daltland on DSKBBV9HB2PROD with PROPOSALS A. What is contained in the New York State revised plan? On July 12, 2013,2 the New York State Department of Environmental Conservation (NYSDEC) submitted to 2 In an email dated 12/06/2017, the New York State Department of Environmental Conservation provided a copy of the NYS Office of Attorney General opinion finding that NY state administrative agencies are authorized to incorporate by reference federal statutes and regulations that are applicable to the state, and that such action is not prohibited by the NYS constitution. VerDate Sep<11>2014 16:20 Sep 07, 2018 Jkt 244001 EPA its section 111(d)/129 State plan to implement EPA’s amended EG for existing large MWC units located in New York State. New York has incorporated by reference the applicable requirements of the amended EG in Part 200 of Title 6 of the New York Code of Rules and Regulations (6 NYCRR) of the State of New York, entitled ‘‘General Provisions.’’ The amended regulation became effective on October 20, 2007. New York will enforce the requirements under Part 201, entitled ‘‘Permits and Registration.’’ By adopting the requirements of the amended EG into Part 200, NYSDEC has the authority to include them as applicable requirements in permits of emission sources subject to such requirements. As a result, the Part 200 requirements are enforceable by New York and become federally enforceable once the State plan is approved by EPA. New York’s revised State plan includes all of EPA’s required elements as described in the amended EG and 40 CFR subpart B, as summarized herein: (1) A demonstration of the State’s legal authority to implement the sections 111(d) and 129 State plan; (2) State rules adopting the amended EG (6 NYCRR Part 200) as the mechanism for implementing and enforcing the State plan; (3) An inventory of seven known large MWC facilities, including eighteen large MWC units, along with an inventory of their air pollutant emissions (see section C of New York’s State plan); (4) Emission limits, emission standards, operator training and qualification requirements, and operating limits that are at least as protective as the amended EG; (5) Enforceable compliance schedules as indicated in the amended EG. Compliance with revised emission limits (see 60.39b) is required as expeditiously as practicable, but not later than April 28, 2009 except as noted in 60.39b(g)(2) for a facility planning an extensive emission control system upgrade who petitions the Administrator for a longer compliance schedule. If approved by the Administrator, the longer compliance schedule may be extended but not later than May 10, 2011. In the event that no plan for implementing the amended EG is approved by EPA, the applicable large MWC units must be in compliance with all requirements of the amended EG no later than May 10, 2011 (see 60.39b(h)). (6) Testing, monitoring, reporting and recordkeeping requirements for the designated facilities; (7) Records of the public hearing on the revised State plan; and, PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 45591 (8) Provisions for annual state progress reports to EPA on implementation of the revised State plan. EPA proposes to determine that New York’s revised State plan for large MWC units includes all the required State plan elements described in the amended EG and 40 CFR subpart. B. What approval criteria did we use to evaluate New York’s revised State plan? EPA reviewed New York’s revised State plan for approval against the following criteria: 40 CFR 60.23 through 60.26, ‘‘Subpart B—Adoption and Submittal of State Plans for Designated Facilities;’’ and ‘‘Subpart Cb Emission Guidelines and Compliance Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994;’’ and 40 CFR 62, subpart A, ‘‘General Provisions’’ for ‘‘Approval and Promulgation of State Plans for Designated Facilities and Pollutants.’’ IV. What is EPA’s conclusion? The EPA has determined that New York’s revised State plan meets all the applicable approval criteria as discussed above and, therefore, EPA is proposing to approve New York State’s sections 111(d) and 129 revised State plan for existing large municipal waste combustor units. V. Statutory and Executive Order Reviews Pursuant to EPA regulations, the Administrator may approve a plan or any portion thereof upon a determination that it meets Sections 111(d) and 129 of the Act and applicable regulations. 40 CFR Section 62.02. Accordingly, this action, if finalized, would merely approve state law as meeting Federal requirements and would not impose additional requirements beyond those imposed by state law. For that reason, this action, if finalized: • 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 13563 (76 FR 3821, January 21, 2011); • is not 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.); E:\FR\FM\10SEP1.SGM 10SEP1 45592 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules • 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 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, this proposed rule is not approved to apply on any Indian reservation land or in any other area where 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, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides, waste treatment and disposal. daltland on DSKBBV9HB2PROD with PROPOSALS Authority: 42 U.S.C. 7401 et seq. Dated: August 19, 2018. Peter D. Lopez, Regional Administrator, Region 2. [FR Doc. 2018–19598 Filed 9–7–18; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:20 Sep 07, 2018 Jkt 244001 DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 232, 242, and 252 [Docket DARS–2018–0042] RIN 0750–AJ28 Performance-Based Payments and Progress Payments (DFARS Case 2017–D019) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule; extension of registration deadline for public meeting. AGENCY: For the public meeting to be held on September 14, 2018, from 9 a.m. to 12 p.m., EST, regarding the proposed rule published in the Federal Register on August 24, 2018, at 83 FR 42831, the registration deadline is extended from September 6, 2018, to September 11, 2018, at 12 p.m., EST. DATES: Comment Date: Comments on the proposed rule should be submitted in writing to the address shown below on or before October 23, 2018, to be considered in the formation of a final rule. Public Meeting Date: The public meeting will be held on September 14, 2018, from 9 a.m. to 12 p.m., EST. Registration to attend this meeting must be received by September 11, 2018, at 12 p.m., EST. Further information for the public meeting may be found under the heading SUPPLEMENTARY INFORMATION. SUMMARY: ADDRESSES: Public Meeting: The public meeting will be held at the Mark Center Auditorium, 4800 Mark Center Drive, Alexandria, VA 22350–3603. The Mark Center Auditorium is located on level B–1 of the building. Submission of Comments: Submit comments identified by DFARS Case 2017–D019, using any of the following methods: Æ Federal eRulemaking Portal: https:// www.regulations.gov. Search for ‘‘DFARS Case 2017–D019.’’ Select ‘‘Comment Now’’ and follow the instructions provided to submit a comment. Please include ‘‘DFARS Case 2017–D019’’ on any attached documents. Æ Email: osd.dfars@mail.mil. Include DFARS Case 2017–D019 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Amy G. Williams, OUSD(A&S)DPC/DARS, PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, DPC/DARS, at 571–372– 6106. SUPPLEMENTARY INFORMATION: I. Background On August 24, 2018, DoD published a proposed rule in the Federal Register on August 24, 2018 (83 FR 42831) to implement section 831 of the National Defense Authorization Act for Fiscal Year 2017, which addresses the preference for performance-based payments, and to streamline the performance-based payment process. DoD is also proposing to amend the Defense Federal Acquisition Regulation Supplement to revise progress payments and performance-based payments policies for DoD contracts in order to increase its business effectiveness and efficiency as well as to provide an opportunity for both small and other than small entities to qualify for increased customary progress payment rates and maximum performance-based payment rates based on whether the offeror/contractor has met certain performance criteria. II. Public Meeting DoD is hosting a public meeting on September 14, 2018, to obtain views of experts and interested parties in Government and the private sector regarding revising policies and procedures with regard to customary progress payment rates and maximum performance-based payment rates for DoD contracts. Registration: Individuals wishing to attend the public meeting must register by 12 p.m., EST, on September 11, 2018, to ensure adequate room accommodations and to facilitate security screening and entry to the Mark Center. Individuals desiring to attend the meeting, who have not yet registered, should send the following information via email to osd.dfars@ mail.mil: (1) Company or organization name. (2) Full name, valid email address, and telephone number of each person planning to attend, and whether the individual is a U.S. citizen. E:\FR\FM\10SEP1.SGM 10SEP1

Agencies

[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Proposed Rules]
[Pages 45589-45592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19598]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2018-0564, FRL-9983-42--Region 2]


Approval and Promulgation of State Plans for Designated 
Facilities; New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State plan submitted by New York State to implement and 
enforce Emission Guidelines (EG) for existing large municipal waste 
combustor (MWC) units. The State plan is consistent with the amended EG 
promulgated by EPA on May 10, 2006. New York's plan establishes 
emission limits and other requirements for the purpose of reducing 
emissions of lead, mercury, cadmium, organics, hydrogen chloride and 
other air pollutants from large MWC units throughout the State. New 
York submitted its plan to fulfill the requirements of sections 111(d) 
and 129 of the Clean Air Act.

DATES: Comments must be received on or before October 10, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2018-0564 to https://www.regulations.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, 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: Anthony (Ted) Gardella 
([email protected]), Air Programs Branch, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3892.

SUPPLEMENTARY INFORMATION: The following table of contents describes 
the format for the SUPPLEMENTARY INFORMATION section:
I. EPA Action
    A. What action is EPA proposing today?
    B. Who is affected by New York's revised State plan?
    C. How does this approval affect sources located in Indian Nation 
Land?
II. Background
    A. What is a State plan?
    B. Why is EPA requiring New York to submit a revised large MWC 
State plan?
    C. What are the requirements for a revised large MWC State plan?
    D. What revisions did EPA make to subpart Cb as amended on May 10, 
2006?
III. New York's State Plan
    A. What is contained in the New York State revised plan?
    B. What approval criteria did we use to evaluate New York's revised 
State plan?
IV. What is EPA's conclusion?
V. Statutory and Executive Order Reviews

I. EPA Action

A. What action is EPA proposing today?

    EPA is proposing to approve New York's revised State plan, 
submitted on July 12, 2013, for the control of air emissions from 
existing large municipal waste combustor (MWC) units throughout the 
State, except for any existing large MWC units located in Indian Nation 
Land. In accordance with the Clean Air Act (CAA), New York previously 
submitted a State plan on December 15, 1997, as supplemented on June 
22, 1998, which was approved by EPA on August 4, 1998, 63 FR 41427. New 
York also submitted a revised State plan on October 7, 1998, as 
supplemented on November 5, 1998 which was approved by the EPA on 
February 9, 1999, 64 FR 6237. New York

[[Page 45590]]

submitted its July 2013 revised plan to fulfill the requirements of 
section 111(d) and 129 of the CAA. The revised State plan adopts and 
implements the Emission Guidelines (EG) amended by EPA on May 10, 2006 
applicable to existing large MWC units, and establishes revised 
emission limits and other requirements for units constructed on or 
before September 20, 1994. This proposed approval, once finalized and 
effective, will make New York's revised large MWC rules included in the 
State plan federally enforceable.

B. Who is affected by New York's revised State plan?

    New York's revised State plan regulates all the units designated by 
the amended EG applicable to existing large MWC units with a combustion 
capacity greater than 250 tons per day of municipal solid waste for 
which construction commenced on or before September 20, 1994.

C. How does this approval affect sources located in Indian Nation Land?

    New York's revised State plan is not applicable to units located in 
Indian Nation Land. Therefore, if there are any existing large MWC 
units located in Indian Nation Land these existing large MWC units will 
be subject to the Federal plan.\1\
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    \1\ The EPA has not yet promulgated a Federal plan for the May 
2006 large MWC EG. The current Federal plan was promulgated on May 
24, 2000 (65 FR 33461) and amended on July 14, 2004 (69 FR 42117) 
for the large MWC EG promulgated on August 25, 1997 (62 FR 45124) as 
amended on July 12, 2001 (66 FR 36473).
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II. Background

A. What is a State plan?

    Section 111 of the CAA, ``Standards of Performance for New 
Stationary Sources,'' authorizes EPA to set air emissions standards for 
certain categories of sources. These standards are called New Source 
Performance Standards (NSPS). When a NSPS is promulgated for new 
sources, section 111(d) and EPA regulations also require that EPA 
publish an EG applicable to control the same pollutants from existing 
(or designated) facilities. States with designated facilities must then 
develop a State plan to adopt the requirements of the EG into the 
State's body of regulations. States must also include in their State 
plan other requirements, such as inventories, legal authority, 
reporting and recordkeeping, and public participation documentation, to 
demonstrate their ability to enforce the State plans.
    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. Section 129(b)(2) requires States to 
submit to EPA for approval section 111(d)/129 plans that implement and 
enforce the promulgated EG. Section 129(b)(3) requires EPA to 
promulgate a Federal plan (FP) within two years from the date on which 
the EG, or when revision to the EG, is promulgated. The FP is 
applicable to affected facilities when the state has failed to receive 
EPA approval of the section 111(d)/129 plan. The FP remains in effect 
until the state submits and receives EPA approval of its section 
111(d)/129 plan.
    State plan submittals under CAA sections 111(d) and 129 must be 
consistent with the relevant EG, in this instance 40 CFR part 60, 
subpart Cb, and the requirements of 40 CFR part 60, subpart B and part 
62, subpart A. Section 129 of the CAA regulates air pollutants that 
include organics (dioxins/furans), carbon monoxide, metals (cadmium, 
lead, and mercury), hydrogen chloride, sulfur dioxide, nitrogen oxides, 
particulate matter, and opacity (as appropriate).

B. Why is EPA requiring New York to submit a revised large MWC State 
plan?

    When EPA developed the amended NSPS for large MWC units, we 
simultaneously developed the amended EG to control air emissions from 
existing units (see 71 FR 27324, May 10, 2006). Under section 129 of 
the CAA, the EG is not federally enforceable; therefore, section 129 of 
the CAA also requires states to submit to EPA for approval State plans 
that implement and enforce the EG. Under section 129 of the CAA, these 
State plans must be at least as protective as the EG, and they become 
federally enforceable upon approval by EPA.
    The procedures for adopting and submitting State plans are located 
in 40 CFR part 60, subpart B. If a state fails to have an approvable 
plan in place, the EPA is required to promulgate a federal plan to 
establish requirements for those sources not under an EPA-approved 
State plan. New York has developed and submitted a revised State plan, 
as required by sections 111(d)/129 of the CAA, to gain federal approval 
to implement and enforce the requirements of the amended EG for 
existing large MWC units. The procedures for EPA's approval and 
disapproval of State plans are located in 40 CFR part 62, subpart A. 
EPA is proposing to approve New York's State plan since it is deemed at 
least as protective as the standards set in the EG, as amended on May 
10, 2006.

C. What are the requirements for a revised large MWC State plan?

    A section 111(d) State plan submittal must meet the requirements of 
40 CFR part 60, subpart B, sections 60.23 through 60.26, and the 
amended EG found at 40 CFR part 60, subpart Cb (see 71 FR 27324, May 
10, 2006). Subpart B contains the procedures for the adoption and 
submittal of State plans. This subpart addresses public participation, 
legal authority, emission standards and other emission limitations, 
compliance schedules, emission inventories, source surveillance, and 
compliance assurance and enforcement requirements.
    EPA promulgated the amended EG at 40 CFR part 60, subpart Cb on May 
10, 2006. Subpart Cb contains guidelines to the states for submittal of 
plans that address existing large MWC units. In addition, subpart Cb 
contains the technical requirements for existing large MWC units 
located at a facility designed to combust municipal solid waste and 
applies to each MWC unit with a combustion capacity greater than 250 
tons per day for which construction was commenced on or before 
September 20, 1994. A state can address the large MWC technical 
requirements by adopting its own regulation that includes all the 
applicable requirements of subpart Cb or by incorporating by reference 
subpart Cb if the state meets certain requirements. States with 
affected facilities are required to submit to EPA a section 111(d)/129 
plan to implement and enforce all provisions of subpart Cb, as amended 
on May 10, 2006. Prior to submittal to EPA, the State must make 
available to the public the State plan and provide opportunity for 
public comment, including a public hearing.

D. What revisions did EPA make to subpart Cb as amended on May 10, 
2006?

    Section 129(a)(5) of the CAA requires EPA to conduct 5-year reviews 
of NSPS for solid waste incinerators and amend standards and 
requirements as appropriate. Accordingly, EPA promulgated amended 
standards and requirements for large MWCs on May 10, 2006. This 
rulemaking resulted in two major revisions as well as other revisions. 
The two major revisions include revisions to emission limits and 
revisions to compliance testing provisions.
    Relative to the 1995 EG, the emission limits in the May 2006 
rulemaking for existing large MWC units are revised for dioxin/furans 
(only for units equipped with electrostatic precipitators), mercury, 
cadmium, lead, particulate

[[Page 45591]]

matter, and nitrogen oxides (for some types of units). The second major 
revision to the EG included revisions to the compliance testing 
provisions to require increased data availability from continuous 
emissions monitoring Systems (CEMS). CEMS are required to generate at 
least 95% data availability on a calendar year basis and at least 90% 
data availability on a calendar quarter basis. Also, the compliance 
testing provisions have also been revised to allow the optional use of 
CEMS to monitor particulate matter and mercury.
    Other revisions include the following:
     Operator stand-in provisions to clarify how long a shift 
supervisor is allowed to be off site when a provisionally certified 
control room operator is standing in;
     An 8-hour block average for measuring activated carbon 
injection rate;
     A provision for waiver of operating parameter limits 
during the mercury performance tests and two weeks preceding the test, 
as is already allowed for dioxin testing;
     A revision to the relative accuracy criterion for sulfur 
dioxide and carbon monoxide CEMS;
     Flexibility to the annual compliance testing schedule so 
that a facility tests once per calendar year, but no less than 9 months 
and not more than 15 months since the previous test;
     Allowing the use of parametric monitoring limits from an 
exceptionally well-operated MWC unit to be applied to all identical 
units at the same plant site without retesting for dioxin;
     The option of monitoring the activated carbon injection 
pressure or equivalent parameter; and
     Clarifying the exclusion of monitoring data from 
compliance calculations under certain conditions.
    New York's revised State plan submittal in July 2013 for existing 
large MWCs includes all the revisions to subpart Cb, as amended on May 
10, 2006.

III. New York's State Plan

A. What is contained in the New York State revised plan?

    On July 12, 2013,\2\ the New York State Department of Environmental 
Conservation (NYSDEC) submitted to EPA its section 111(d)/129 State 
plan to implement EPA's amended EG for existing large MWC units located 
in New York State.
---------------------------------------------------------------------------

    \2\ In an email dated 12/06/2017, the New York State Department 
of Environmental Conservation provided a copy of the NYS Office of 
Attorney General opinion finding that NY state administrative 
agencies are authorized to incorporate by reference federal statutes 
and regulations that are applicable to the state, and that such 
action is not prohibited by the NYS constitution.
---------------------------------------------------------------------------

    New York has incorporated by reference the applicable requirements 
of the amended EG in Part 200 of Title 6 of the New York Code of Rules 
and Regulations (6 NYCRR) of the State of New York, entitled ``General 
Provisions.'' The amended regulation became effective on October 20, 
2007. New York will enforce the requirements under Part 201, entitled 
``Permits and Registration.'' By adopting the requirements of the 
amended EG into Part 200, NYSDEC has the authority to include them as 
applicable requirements in permits of emission sources subject to such 
requirements. As a result, the Part 200 requirements are enforceable by 
New York and become federally enforceable once the State plan is 
approved by EPA.
    New York's revised State plan includes all of EPA's required 
elements as described in the amended EG and 40 CFR subpart B, as 
summarized herein:
    (1) A demonstration of the State's legal authority to implement the 
sections 111(d) and 129 State plan;
    (2) State rules adopting the amended EG (6 NYCRR Part 200) as the 
mechanism for implementing and enforcing the State plan;
    (3) An inventory of seven known large MWC facilities, including 
eighteen large MWC units, along with an inventory of their air 
pollutant emissions (see section C of New York's State plan);
    (4) Emission limits, emission standards, operator training and 
qualification requirements, and operating limits that are at least as 
protective as the amended EG;
    (5) Enforceable compliance schedules as indicated in the amended 
EG. Compliance with revised emission limits (see 60.39b) is required as 
expeditiously as practicable, but not later than April 28, 2009 except 
as noted in 60.39b(g)(2) for a facility planning an extensive emission 
control system upgrade who petitions the Administrator for a longer 
compliance schedule. If approved by the Administrator, the longer 
compliance schedule may be extended but not later than May 10, 2011. In 
the event that no plan for implementing the amended EG is approved by 
EPA, the applicable large MWC units must be in compliance with all 
requirements of the amended EG no later than May 10, 2011 (see 
60.39b(h)).
    (6) Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    (7) Records of the public hearing on the revised State plan; and,
    (8) Provisions for annual state progress reports to EPA on 
implementation of the revised State plan.
    EPA proposes to determine that New York's revised State plan for 
large MWC units includes all the required State plan elements described 
in the amended EG and 40 CFR subpart.

B. What approval criteria did we use to evaluate New York's revised 
State plan?

    EPA reviewed New York's revised State plan for approval against the 
following criteria: 40 CFR 60.23 through 60.26, ``Subpart B--Adoption 
and Submittal of State Plans for Designated Facilities;'' and ``Subpart 
Cb Emission Guidelines and Compliance Times for Large Municipal Waste 
Combustors That are Constructed on or Before September 20, 1994;'' and 
40 CFR 62, subpart A, ``General Provisions'' for ``Approval and 
Promulgation of State Plans for Designated Facilities and Pollutants.''

IV. What is EPA's conclusion?

    The EPA has determined that New York's revised State plan meets all 
the applicable approval criteria as discussed above and, therefore, EPA 
is proposing to approve New York State's sections 111(d) and 129 
revised State plan for existing large municipal waste combustor units.

V. Statutory and Executive Order Reviews

    Pursuant to EPA regulations, the Administrator may approve a plan 
or any portion thereof upon a determination that it meets Sections 
111(d) and 129 of the Act and applicable regulations. 40 CFR Section 
62.02.
    Accordingly, this action, if finalized, would merely approve state 
law as meeting Federal requirements and would not impose additional 
requirements beyond those imposed by state law.
    For that reason, this action, if finalized:
     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 13563 (76 FR 3821, January 
21, 2011);
     is not 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.);

[[Page 45592]]

     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 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, this proposed rule is not approved to apply on any 
Indian reservation land or in any other area where 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, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sulfur oxides, waste treatment and 
disposal.


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

    Dated: August 19, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-19598 Filed 9-7-18; 8:45 am]
 BILLING CODE 6560-50-P
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