Approval and Promulgation of State Plans for Designated Facilities and Pollutants; North Dakota; Control of Emissions From Existing Municipal Solid Waste Landfills; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units; Negative Declaration of Existing Hospital/Medical/Infectious Waste Incineration Units, 16173-16176 [2021-05870]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
III. Proposed Action
We are proposing to approve the
portion of the Texas SIP revision
submitted on June 24, 2020 to address
the emissions inventory requirements
for the DFW, HGB, and Bexar counties
for the 2015 ozone NAAQS. The
inventories we are proposing to approve
are listed in Tables 1, 2, and 3 above.
We are proposing to approve the
emissions inventories because they
contain comprehensive, accurate and
current inventories of actual emissions
for all relevant sources in accordance
with CAA sections 172(c)(3) and
182(a)(1) requirements and because
Texas adopted the emission inventories
consistent with reasonable public notice
and opportunity for a public hearing
requirements. A TSD was prepared
which details our evaluation. Our TSD
may be accessed online at
www.regulations.gov, Docket No. EPA–
R06–OAR–2021–0177.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
VerDate Sep<11>2014
16:46 Mar 25, 2021
Jkt 253001
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP 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 proposed 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 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and record keeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 22, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021–06300 Filed 3–25–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R08–OAR–2021–0187; FRL–10021–
36–Region 8]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; North Dakota; Control of
Emissions From Existing Municipal
Solid Waste Landfills; Control of
Emissions From Existing Commercial
and Industrial Solid Waste Incineration
Units; Negative Declaration of Existing
Hospital/Medical/Infectious Waste
Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the ‘‘Act’’), the
Environmental Protection Agency (EPA
SUMMARY:
PO 00000
Frm 00089
Fmt 4702
Sfmt 4702
16173
or the ‘‘Agency’’) is proposing approval
of a CAA section 111(d) plan submitted
by the North Dakota Department of
Environmental Quality (NDDEQ or the
‘‘Department’’) on July 28, 2020 to
regulate landfill gas and its components
from existing municipal solid waste
(MSW) landfills. The EPA is also
proposing approval of a CAA section
111(d)/129 plan submitted by the
Department on the same date to regulate
air pollutants from existing commercial
and industrial solid waste incineration
(CISWI) units and air curtain
incinerators (ACI). These plans provide
for the State’s implementation and
enforcement of the federal emission
guidelines (EG) for existing MSW
landfills, CISWI units and ACI in North
Dakota. The EPA with this proposed
rule is also notifying the public that the
Agency has received a request from the
State of North Dakota, dated May 8,
2019, for withdrawal of a previously
approved CAA section 111(d)/129 plan
for hospital/medical/infectious waste
incineration (HMIWI) units and for
Agency approval of a negative
declaration of such units within the
State. Approval of this negative
declaration will stand in lieu of a North
Dakota CAA section 111(d)/129 plan for
HMIWI units.
Written comments must be
received on or before April 26, 2021.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2021–0187, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
E:\FR\FM\26MRP1.SGM
26MRP1
16174
Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
electronically at www.regulations.gov.
To reduce the risk of COVID–19
transmission, for this proposed action
we do not plan to offer hard copy
review of the docket. Please email or
call the person listed in the FOR FURTHER
INFORMATION CONTACT section if you
need to make alternative arrangements
for access to the docket.
FOR FURTHER INFORMATION CONTACT:
Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode 8P–
ARD, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, (303) 312–6396,
lohrke.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us’’
and ‘‘our’’ means the EPA.
Table of Contents
I. Background
A. MSW Landfill 111(d) State Plan
B. CISWI 111(d)/129 State Plan
C. HMIWI Negative Declaration of Sources
II. EPA’s Submittal Analysis
A. MSW Landfill State Plan
B. CISWI State Plan
C. HMIWI Negative Declaration
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Review
khammond on DSKJM1Z7X2PROD with PROPOSALS
I. Background
A. MSW Landfill 111(d) State Plan
CAA section 111(d) requires the EPA
Administrator to establish a procedure
under which each state shall submit to
the Agency a plan that establishes
standards of performance for any
‘existing’ source for any air pollutant for
which air quality criteria have not been
issued or which is not included on a list
published under CAA section 108 or
emitted from a source category regulated
under section 112 of the Act, but to
which a standard of performance under
section 111 would apply if such existing
source were considered a ‘new’ source.
The EPA established such a procedure
by promulgating general guidelines for
the adoption and submittal of state
plans for existing affected facilities in 40
CFR part 60, subpart B. The EPA
publishes specific state plan
requirements for designated source
categories in 40 CFR part 60. State plan
requirements for such source categories
are known as emission guidelines and
compliance times for designated
VerDate Sep<11>2014
16:46 Mar 25, 2021
Jkt 253001
facilities (EG or the ‘‘emission
guidelines’’). These EGs are
promulgated following, or concurrent
with, the publication of new source
performance standards (NSPS) for the
affected source category. Each EG
requires each state with designated
facilities in its jurisdiction to develop
and submit to the EPA an approvable
state plan that implements and enforces
the performance standards and
compliance times found within the
particular EG.
On August 29, 2016, the EPA
finalized revised NSPS for new MSW
landfills and revised EG for existing
MSW landfills in 40 CFR part 60,
subparts XXX and Cf, respectively. See
81 FR 59332 (Aug. 29, 2016) and 81 FR
59313 (Aug. 29, 2016). In this set of
actions an MSW landfill for which
construction, reconstruction or
modification was commenced on or
before July 17, 2014 is considered an
existing facility and subject to either a
future 111(d) state plan adhering to the
requirements of 40 CFR part 60, subpart
Cf or a future federal plan for designated
MSW landfills promulgated in 40 CFR
part 62. The 2016 MSW landfills EG
updates the control requirements and
monitoring, reporting and
recordkeeping provisions for existing
MSW landfill sources. MSW landfills
which commenced construction,
reconstruction or modification after July
17, 2014 are considered new affected
facilities subject to the NSPS in 40 CFR
part 60, subpart XXX.
North Dakota submitted a 111(d) State
plan for existing MSW landfills (the
‘‘MSW landfill plan’’) on July 28, 2020.
The MSW landfill plan was submitted
to fulfill requirements of 40 CFR part 60,
subparts B and Cf. The EPA must now
propose approval or disapproval of the
State’s submittal with reference to the
general provisions for plan approval in
40 CFR part 60, subpart B and the
requirements specific to plans for
existing MSW landfills found in 40 CFR
part 60, subpart Cf.
Approval of North Dakota’s MSW
landfill plan submitted in 2020 would
replace the currently approved plan for
landfill gas emissions from existing
MSW landfills, found at 40 CFR
62.8600–8602. That State plan was
submitted to EPA in 1997 to comply
with the old State plan requirements of
the EG for existing MSW landfills in 40
CFR part 60, subpart Cc, finalized by
EPA on March 12, 1996 (61 FR 9919).
All existing North Dakota MSW landfills
subject to the old EG are now designated
facilities as defined by 40 CFR part 60,
subpart Cf and will be subject to the
new MSW landfill plan if approved.
PO 00000
Frm 00090
Fmt 4702
Sfmt 4702
B. CISWI 111(d)/129 State Plan
CAA section 129 requires the EPA
Administrator to establish performance
standards and other requirements
pursuant to section 111 of the Act for
each source category of solid waste
incineration units enumerated under
that section of the Act. CAA section
111(a)(1)(D) establishes CISWI units as a
source category subject to NSPS and EG
development requirements, as outlined
in the CAA section 111(d) description in
section I.A of this document.
On March 21, 2011, the EPA finalized
regular review and revisions to the
NSPS and EG for new and existing
CISWI units in 40 CFR part 60, subparts
CCCC and DDDD, respectively (76 FR
15704). The most recent amendments of
these subparts were finalized on April
16, 2019 (84 FR 15846). The EG at 40
CFR part 60, subpart DDDD required
submittal of a CAA section 111(d)/129
state plan by August 7, 2013 from any
state with operational existing CISWI or
ACI units as they are defined by the
subpart.
North Dakota’s most recent approved
CAA section 111(d)/129 State plan for
CISWI and ACI units was approved on
April 25, 2018 (83 FR 17923). North
Dakota completed a transfer of
implementing and enforcement
authorities to a new State department of
environmental quality since that
approval. Revisions to State
administrative code, creation of the
NDDEQ and transfer of implementing
and enforcing authorities to the
Department necessitated a new approval
of the State’s CISWI plan. North Dakota
submitted a new 111(d)/129 plan for
existing CISWI units (the ‘‘CISWI plan’’)
on July 28, 2020. The EPA must now
propose approval or disapproval of the
State’s submittal with reference to the
general provisions for plan approval in
40 CFR part 60, subpart B and the
requirements specific to plans for
existing CISWI units found in 40 CFR
part 60, subpart DDDD.
C. HMIWI Negative Declaration of
Sources
CAA section 129 authorizes the EPA
to require states to submit a plan for the
control of air pollutants from existing
solid waste incineration units
enumerated by that section according to
emission guidelines and compliance
times promulgated in 40 CFR part 60 by
the EPA under the authority of CAA
section 111(d). CAA section 129(a)(1)(C)
requires the EPA’s promulgation of an
EG for HMIWI units and a state’s
submittal of a control plan for such
units. The EG for existing HMIWI units
may be found at 40 CFR part 60, subpart
E:\FR\FM\26MRP1.SGM
26MRP1
Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
Ce. However, 40 CFR 60.23(b) says that,
‘‘if no designated facility is located
within a State, the State shall submit a
letter of certification to that effect to the
Administrator [. . .]. Such certification
shall exempt the State from the
requirements of [the general provisions
for adoption and submittal of state
plans].’’
North Dakota submitted a letter
making a negative declaration of
existing HMIWI units within the State
(the ‘‘negative declaration’’) on May 8,
2019. The letter requests withdrawal of
the State’s previously approved CAA
section 111(d)/129 HMIWI plan (40 CFR
62.8610) and approval of the negative
declaration in lieu of a state plan. The
EPA must now propose approval or
disapproval of the State’s negative
declaration with reference to the general
provisions for plan submittal in 40 CFR
part 60, subpart B and the general
provisions for plan approval in 40 CFR
part 62, subpart A.
khammond on DSKJM1Z7X2PROD with PROPOSALS
II. EPA’s Submittal Analysis
A. MSW Landfill State Plan
The EPA has reviewed the North
Dakota 111(d) MSW Landfill State plan
submittal in the context of the plan
completeness and approvability
requirements found in 40 CFR part 60,
subparts B and Cf. The EPA is proposing
with this action to determine that the
submitted section 111(d) plan meets the
above cited requirements. The North
Dakota plan submittal package includes
all materials necessary to be deemed
administratively and technically
complete according to the criteria of the
general provisions for adoption and
submittal of state plans found in 40 CFR
part 60, subpart B. North Dakota has
chosen to author a State plan document
and provide all implementation and
enforcement authority for all State plan
requirements through revisions to the
North Dakota Administrative Code
(NDAC) and existing portions of the
North Dakota Century Code (NDCC).
Specifically, the State has appropriately
incorporated all EG performance
standards and other source
requirements in NDAC section 33.1–15–
12–02, subpart Cf. Legal authority to
implement and enforce the incorporated
source requirements and State plan
document is found in NDCC chapter
23.1–06. The State plan document, the
relevant NDAC and NDCC sections, and
all other relevant plan submittal
materials may be found in the docket for
today’s action. A complete analysis of
the State’s legal authority to implement
and enforce the plan and source
requirements, the submittal’s
completeness and the approvability of
VerDate Sep<11>2014
16:46 Mar 25, 2021
Jkt 253001
the State plan document and
incorporation of source requirements
can be found in the technical support
document (TSD) for this action. The
TSD is available for review and may be
found in the docket associated with this
proposed rule. In this action, EPA is
also proposing to incorporate by
reference (IBR) Title 33.1, Article 15,
Chapter 12, section 2, subparts A and Cf
of the NDAC, effective as amended on
July 1, 2020. This NDAC chapter
includes the relevant source
requirements specific to existing MSW
landfills.
B. CISWI State Plan
The EPA has reviewed the North
Dakota 111(d) CISWI State plan
submittal in the context of the plan
completeness and approvability
requirements found in 40 CFR part 60,
subparts B and DDDD. The EPA is
proposing with this action to determine
that the submitted section 111(d) plan
meets the above cited requirements. The
North Dakota plan submittal package
includes all materials necessary to be
deemed administratively and
technically complete according to the
criteria of the general provisions for
adoption and submittal of state plans
found in 40 CFR part 60, subpart B.
North Dakota has chosen to author a
State plan document and provide all
implementation and enforcement
authority for all State plan requirements
through revisions to the NDAC and
existing portions of the NDCC.
Specifically, the State has appropriately
incorporated all EG performance
standards and other source
requirements in NDAC section 33.1–15–
12–02, subpart DDDD. Legal authority to
implement and enforce the incorporated
source requirements and State plan
document is found in NDCC chapter
23.1–06. The State plan document, the
relevant NDAC and NDCC sections, and
all other relevant plan submittal
materials may be found in the docket for
today’s action. A complete analysis of
the State’s legal authority to implement
and enforce the plan and source
requirements, the submittal’s
completeness and the approvability of
the State plan document and
incorporation of source requirements
can be found in the TSD for this action.
The TSD is available for review and may
be found in the docket associated with
this proposed rule. In this action, EPA
is also proposing to incorporate by
reference (IBR) Title 33.1, Article 15,
Chapter 12, section 2, subparts A and
DDDD of the NDAC, effective as
amended on July 1, 2020. This NDAC
chapter includes the relevant source
requirements specific to existing CISWI.
PO 00000
Frm 00091
Fmt 4702
Sfmt 4702
16175
C. HMIWI Negative Declaration
The EPA has reviewed the North
Dakota negative declaration of existing
HMIWI units in the context of general
submittal approvability provisions
found in 40 CFR part 60, subpart B and
part 62, subpart A. The EPA is
proposing with this action to determine
that the State’s negative declaration is
approvable as it meets all negative
declaration requirements as set forth in
the previously mentioned general
provisions. Analysis of the State’s
declaration can be found in the TSD for
this action. The TSD is available for
review and may be found in the docket
associated with this proposed rule.
III. Proposed Action
The EPA is proposing to approve the
North Dakota section 111(d) State plan
for existing MSW landfills pursuant to
40 CFR part 60, subparts B and Cf. We
are also proposing to approve North
Dakota’s section 111(d)/129 State plan
for existing CISWI units pursuant to 40
CFR part 60, subparts B and DDDD.
Finally, the EPA is also proposing to
approve the State’s negative declaration
of existing HMIWI units and to publish
this declaration in lieu of a state plan
submitted pursuant to 40 CFR part 60,
subpart Ce. Therefore, the EPA is
proposing to amend 40 CFR part 62,
subpart JJ to reflect these approval
actions. These approvals are based on
the rationale provided in section II of
this preamble and discussed in detail in
the TSD associated with this rulemaking
action. The scope of the proposed
approval is limited to the provisions of
40 CFR parts 60 and 62. The EPA’s
proposed approval of the North Dakota
MSW landfill plan is limited to those
landfills that meet the criteria
established in 40 CFR part 60, subpart
Cf. Our proposed approval of the North
Dakota CISWI plan is limited to those
incinerator units that meet the criteria
established in 40 CFR part 60, subpart
DDDD.
The EPA Administrator continues to
retain authority for approval of
alternative methods to determine the
nonmethane organic compound
concentration or a site-specific methane
generation rate constant at existing
MSW landfills, as stipulated in 40 CFR
60.30f(c). With respect to existing CISWI
and ACI units, the Administrator also
continues to retain the several
authorities listed under 40 CFR 60.2542.
IV. Incorporation by Reference
In this document, the EPA is
proposing to incorporate by reference
NDDEQ rules regarding existing MSW
landfills and CISWI units discussed in
E:\FR\FM\26MRP1.SGM
26MRP1
16176
Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
section II of this preamble (NDAC
section 33.1–15–12–02, subparts A, Cf
and DDDD) in accordance with the
requirements of 1 CFR 51.5. The EPA
has made, and will continue to make,
these materials available through the
docket for this action, EPA–R08–OAR–
2021–0187, at https://
www.regulations.gov and at the EPA
Region VIII Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
khammond on DSKJM1Z7X2PROD with PROPOSALS
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve section 111(d) and
section 111(d)/129 state plan submittals
that comply with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7411(d); 40 CFR part 60,
subparts B, Cf and DDDD; and 40 CFR
part 62, subpart A. Thus, in reviewing
CAA section 111(d) and section 111(d)/
129 state plan submittals, the EPA’s role
is to approve state choices, provided
that they meet the approval criteria of
the Act and implementing regulations.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because this action is not
significant under Executive Order12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
VerDate Sep<11>2014
16:46 Mar 25, 2021
Jkt 253001
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the CAA section 111(d)
and section 111(d)/129 plans are not
approved to apply in Indian country, as
defined at 18 U.S.C. 1151, located in the
State. As such, this rule does not have
tribal implications, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), and it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Commercial and
industrial solid waste incineration,
Hospital medical and infectious waste
incineration, Incorporation by reference,
Intergovernmental relations, Methane,
Municipal solid waste landfill,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 15, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021–05870 Filed 3–25–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R04–OAR–2020–0299; FRL–10011–
91–Region 4]
Georgia; Approval of State Plan for
Designated Facilities and Pollutants;
Hospital/Medical/Infectious Waste
Incineration (HMIWI) Units
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the Clean Air Act (CAA or the Act)
section 111(d)/129 state plan submitted
by the State of Georgia, through the
Georgia Department of Natural
SUMMARY:
PO 00000
Frm 00092
Fmt 4702
Sfmt 4702
Resources’ Environmental Protection
Division on August 1, 2018, and
supplemented on January 7, 2019, for
implementing and enforcing the
Emission Guidelines (EG) and
Compliance Schedules applicable to
existing Hospital/Medical/Infectious
Waste Incineration (HMIWI) units. The
state plan provides for implementation
and enforcement of the EG, as finalized
by EPA on September 15, 1997, and
revised on October 6, 2009, applicable
to existing HMIWI units for which
construction commenced on or before
December 1, 2008, or for which
modification commenced on or before
April 6, 2010. The state plan establishes
emission limits, as well as monitoring,
operating, recordkeeping, and reporting
requirements for affected HMIWI units.
DATES: Comments must be received on
or before April 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. [EPA–R04–
OAR–2020–0299] at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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. 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:
Mark Bloeth, Communities and Air
Toxics Section, Air Analysis and
Support Branch, Air and Radiation
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303. Mr. Bloeth can
be reached via telephone at 404–562–
9013 and via email at bloeth.mark@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is proposing to approve Georgia’s
state plan for HMIWI facilities and
designated pollutants developed under
E:\FR\FM\26MRP1.SGM
26MRP1
]]>Agencies
[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Proposed Rules]
[Pages 16173-16176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05870]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R08-OAR-2021-0187; FRL-10021-36-Region 8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; North Dakota; Control of Emissions From
Existing Municipal Solid Waste Landfills; Control of Emissions From
Existing Commercial and Industrial Solid Waste Incineration Units;
Negative Declaration of Existing Hospital/Medical/Infectious Waste
Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the ``Act''),
the Environmental Protection Agency (EPA or the ``Agency'') is
proposing approval of a CAA section 111(d) plan submitted by the North
Dakota Department of Environmental Quality (NDDEQ or the
``Department'') on July 28, 2020 to regulate landfill gas and its
components from existing municipal solid waste (MSW) landfills. The EPA
is also proposing approval of a CAA section 111(d)/129 plan submitted
by the Department on the same date to regulate air pollutants from
existing commercial and industrial solid waste incineration (CISWI)
units and air curtain incinerators (ACI). These plans provide for the
State's implementation and enforcement of the federal emission
guidelines (EG) for existing MSW landfills, CISWI units and ACI in
North Dakota. The EPA with this proposed rule is also notifying the
public that the Agency has received a request from the State of North
Dakota, dated May 8, 2019, for withdrawal of a previously approved CAA
section 111(d)/129 plan for hospital/medical/infectious waste
incineration (HMIWI) units and for Agency approval of a negative
declaration of such units within the State. Approval of this negative
declaration will stand in lieu of a North Dakota CAA section 111(d)/129
plan for HMIWI units.
DATES: Written comments must be received on or before April 26, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0187, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
[[Page 16174]]
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically at
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this proposed action we do not plan to offer hard copy review of the
docket. Please email or call the person listed in the FOR FURTHER
INFORMATION CONTACT section if you need to make alternative
arrangements for access to the docket.
FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode 8P-ARD, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6396, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us'' and
``our'' means the EPA.
Table of Contents
I. Background
A. MSW Landfill 111(d) State Plan
B. CISWI 111(d)/129 State Plan
C. HMIWI Negative Declaration of Sources
II. EPA's Submittal Analysis
A. MSW Landfill State Plan
B. CISWI State Plan
C. HMIWI Negative Declaration
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Review
I. Background
A. MSW Landfill 111(d) State Plan
CAA section 111(d) requires the EPA Administrator to establish a
procedure under which each state shall submit to the Agency a plan that
establishes standards of performance for any `existing' source for any
air pollutant for which air quality criteria have not been issued or
which is not included on a list published under CAA section 108 or
emitted from a source category regulated under section 112 of the Act,
but to which a standard of performance under section 111 would apply if
such existing source were considered a `new' source. The EPA
established such a procedure by promulgating general guidelines for the
adoption and submittal of state plans for existing affected facilities
in 40 CFR part 60, subpart B. The EPA publishes specific state plan
requirements for designated source categories in 40 CFR part 60. State
plan requirements for such source categories are known as emission
guidelines and compliance times for designated facilities (EG or the
``emission guidelines''). These EGs are promulgated following, or
concurrent with, the publication of new source performance standards
(NSPS) for the affected source category. Each EG requires each state
with designated facilities in its jurisdiction to develop and submit to
the EPA an approvable state plan that implements and enforces the
performance standards and compliance times found within the particular
EG.
On August 29, 2016, the EPA finalized revised NSPS for new MSW
landfills and revised EG for existing MSW landfills in 40 CFR part 60,
subparts XXX and Cf, respectively. See 81 FR 59332 (Aug. 29, 2016) and
81 FR 59313 (Aug. 29, 2016). In this set of actions an MSW landfill for
which construction, reconstruction or modification was commenced on or
before July 17, 2014 is considered an existing facility and subject to
either a future 111(d) state plan adhering to the requirements of 40
CFR part 60, subpart Cf or a future federal plan for designated MSW
landfills promulgated in 40 CFR part 62. The 2016 MSW landfills EG
updates the control requirements and monitoring, reporting and
recordkeeping provisions for existing MSW landfill sources. MSW
landfills which commenced construction, reconstruction or modification
after July 17, 2014 are considered new affected facilities subject to
the NSPS in 40 CFR part 60, subpart XXX.
North Dakota submitted a 111(d) State plan for existing MSW
landfills (the ``MSW landfill plan'') on July 28, 2020. The MSW
landfill plan was submitted to fulfill requirements of 40 CFR part 60,
subparts B and Cf. The EPA must now propose approval or disapproval of
the State's submittal with reference to the general provisions for plan
approval in 40 CFR part 60, subpart B and the requirements specific to
plans for existing MSW landfills found in 40 CFR part 60, subpart Cf.
Approval of North Dakota's MSW landfill plan submitted in 2020
would replace the currently approved plan for landfill gas emissions
from existing MSW landfills, found at 40 CFR 62.8600-8602. That State
plan was submitted to EPA in 1997 to comply with the old State plan
requirements of the EG for existing MSW landfills in 40 CFR part 60,
subpart Cc, finalized by EPA on March 12, 1996 (61 FR 9919). All
existing North Dakota MSW landfills subject to the old EG are now
designated facilities as defined by 40 CFR part 60, subpart Cf and will
be subject to the new MSW landfill plan if approved.
B. CISWI 111(d)/129 State Plan
CAA section 129 requires the EPA Administrator to establish
performance standards and other requirements pursuant to section 111 of
the Act for each source category of solid waste incineration units
enumerated under that section of the Act. CAA section 111(a)(1)(D)
establishes CISWI units as a source category subject to NSPS and EG
development requirements, as outlined in the CAA section 111(d)
description in section I.A of this document.
On March 21, 2011, the EPA finalized regular review and revisions
to the NSPS and EG for new and existing CISWI units in 40 CFR part 60,
subparts CCCC and DDDD, respectively (76 FR 15704). The most recent
amendments of these subparts were finalized on April 16, 2019 (84 FR
15846). The EG at 40 CFR part 60, subpart DDDD required submittal of a
CAA section 111(d)/129 state plan by August 7, 2013 from any state with
operational existing CISWI or ACI units as they are defined by the
subpart.
North Dakota's most recent approved CAA section 111(d)/129 State
plan for CISWI and ACI units was approved on April 25, 2018 (83 FR
17923). North Dakota completed a transfer of implementing and
enforcement authorities to a new State department of environmental
quality since that approval. Revisions to State administrative code,
creation of the NDDEQ and transfer of implementing and enforcing
authorities to the Department necessitated a new approval of the
State's CISWI plan. North Dakota submitted a new 111(d)/129 plan for
existing CISWI units (the ``CISWI plan'') on July 28, 2020. The EPA
must now propose approval or disapproval of the State's submittal with
reference to the general provisions for plan approval in 40 CFR part
60, subpart B and the requirements specific to plans for existing CISWI
units found in 40 CFR part 60, subpart DDDD.
C. HMIWI Negative Declaration of Sources
CAA section 129 authorizes the EPA to require states to submit a
plan for the control of air pollutants from existing solid waste
incineration units enumerated by that section according to emission
guidelines and compliance times promulgated in 40 CFR part 60 by the
EPA under the authority of CAA section 111(d). CAA section 129(a)(1)(C)
requires the EPA's promulgation of an EG for HMIWI units and a state's
submittal of a control plan for such units. The EG for existing HMIWI
units may be found at 40 CFR part 60, subpart
[[Page 16175]]
Ce. However, 40 CFR 60.23(b) says that, ``if no designated facility is
located within a State, the State shall submit a letter of
certification to that effect to the Administrator [. . .]. Such
certification shall exempt the State from the requirements of [the
general provisions for adoption and submittal of state plans].''
North Dakota submitted a letter making a negative declaration of
existing HMIWI units within the State (the ``negative declaration'') on
May 8, 2019. The letter requests withdrawal of the State's previously
approved CAA section 111(d)/129 HMIWI plan (40 CFR 62.8610) and
approval of the negative declaration in lieu of a state plan. The EPA
must now propose approval or disapproval of the State's negative
declaration with reference to the general provisions for plan submittal
in 40 CFR part 60, subpart B and the general provisions for plan
approval in 40 CFR part 62, subpart A.
II. EPA's Submittal Analysis
A. MSW Landfill State Plan
The EPA has reviewed the North Dakota 111(d) MSW Landfill State
plan submittal in the context of the plan completeness and
approvability requirements found in 40 CFR part 60, subparts B and Cf.
The EPA is proposing with this action to determine that the submitted
section 111(d) plan meets the above cited requirements. The North
Dakota plan submittal package includes all materials necessary to be
deemed administratively and technically complete according to the
criteria of the general provisions for adoption and submittal of state
plans found in 40 CFR part 60, subpart B. North Dakota has chosen to
author a State plan document and provide all implementation and
enforcement authority for all State plan requirements through revisions
to the North Dakota Administrative Code (NDAC) and existing portions of
the North Dakota Century Code (NDCC). Specifically, the State has
appropriately incorporated all EG performance standards and other
source requirements in NDAC section 33.1-15-12-02, subpart Cf. Legal
authority to implement and enforce the incorporated source requirements
and State plan document is found in NDCC chapter 23.1-06. The State
plan document, the relevant NDAC and NDCC sections, and all other
relevant plan submittal materials may be found in the docket for
today's action. A complete analysis of the State's legal authority to
implement and enforce the plan and source requirements, the submittal's
completeness and the approvability of the State plan document and
incorporation of source requirements can be found in the technical
support document (TSD) for this action. The TSD is available for review
and may be found in the docket associated with this proposed rule. In
this action, EPA is also proposing to incorporate by reference (IBR)
Title 33.1, Article 15, Chapter 12, section 2, subparts A and Cf of the
NDAC, effective as amended on July 1, 2020. This NDAC chapter includes
the relevant source requirements specific to existing MSW landfills.
B. CISWI State Plan
The EPA has reviewed the North Dakota 111(d) CISWI State plan
submittal in the context of the plan completeness and approvability
requirements found in 40 CFR part 60, subparts B and DDDD. The EPA is
proposing with this action to determine that the submitted section
111(d) plan meets the above cited requirements. The North Dakota plan
submittal package includes all materials necessary to be deemed
administratively and technically complete according to the criteria of
the general provisions for adoption and submittal of state plans found
in 40 CFR part 60, subpart B. North Dakota has chosen to author a State
plan document and provide all implementation and enforcement authority
for all State plan requirements through revisions to the NDAC and
existing portions of the NDCC. Specifically, the State has
appropriately incorporated all EG performance standards and other
source requirements in NDAC section 33.1-15-12-02, subpart DDDD. Legal
authority to implement and enforce the incorporated source requirements
and State plan document is found in NDCC chapter 23.1-06. The State
plan document, the relevant NDAC and NDCC sections, and all other
relevant plan submittal materials may be found in the docket for
today's action. A complete analysis of the State's legal authority to
implement and enforce the plan and source requirements, the submittal's
completeness and the approvability of the State plan document and
incorporation of source requirements can be found in the TSD for this
action. The TSD is available for review and may be found in the docket
associated with this proposed rule. In this action, EPA is also
proposing to incorporate by reference (IBR) Title 33.1, Article 15,
Chapter 12, section 2, subparts A and DDDD of the NDAC, effective as
amended on July 1, 2020. This NDAC chapter includes the relevant source
requirements specific to existing CISWI.
C. HMIWI Negative Declaration
The EPA has reviewed the North Dakota negative declaration of
existing HMIWI units in the context of general submittal approvability
provisions found in 40 CFR part 60, subpart B and part 62, subpart A.
The EPA is proposing with this action to determine that the State's
negative declaration is approvable as it meets all negative declaration
requirements as set forth in the previously mentioned general
provisions. Analysis of the State's declaration can be found in the TSD
for this action. The TSD is available for review and may be found in
the docket associated with this proposed rule.
III. Proposed Action
The EPA is proposing to approve the North Dakota section 111(d)
State plan for existing MSW landfills pursuant to 40 CFR part 60,
subparts B and Cf. We are also proposing to approve North Dakota's
section 111(d)/129 State plan for existing CISWI units pursuant to 40
CFR part 60, subparts B and DDDD. Finally, the EPA is also proposing to
approve the State's negative declaration of existing HMIWI units and to
publish this declaration in lieu of a state plan submitted pursuant to
40 CFR part 60, subpart Ce. Therefore, the EPA is proposing to amend 40
CFR part 62, subpart JJ to reflect these approval actions. These
approvals are based on the rationale provided in section II of this
preamble and discussed in detail in the TSD associated with this
rulemaking action. The scope of the proposed approval is limited to the
provisions of 40 CFR parts 60 and 62. The EPA's proposed approval of
the North Dakota MSW landfill plan is limited to those landfills that
meet the criteria established in 40 CFR part 60, subpart Cf. Our
proposed approval of the North Dakota CISWI plan is limited to those
incinerator units that meet the criteria established in 40 CFR part 60,
subpart DDDD.
The EPA Administrator continues to retain authority for approval of
alternative methods to determine the nonmethane organic compound
concentration or a site-specific methane generation rate constant at
existing MSW landfills, as stipulated in 40 CFR 60.30f(c). With respect
to existing CISWI and ACI units, the Administrator also continues to
retain the several authorities listed under 40 CFR 60.2542.
IV. Incorporation by Reference
In this document, the EPA is proposing to incorporate by reference
NDDEQ rules regarding existing MSW landfills and CISWI units discussed
in
[[Page 16176]]
section II of this preamble (NDAC section 33.1-15-12-02, subparts A, Cf
and DDDD) in accordance with the requirements of 1 CFR 51.5. The EPA
has made, and will continue to make, these materials available through
the docket for this action, EPA-R08-OAR-2021-0187, at https://www.regulations.gov and at the EPA Region VIII Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve section
111(d) and section 111(d)/129 state plan submittals that comply with
the provisions of the Act and applicable Federal regulations. 42 U.S.C.
7411(d); 40 CFR part 60, subparts B, Cf and DDDD; and 40 CFR part 62,
subpart A. Thus, in reviewing CAA section 111(d) and section 111(d)/129
state plan submittals, the EPA's role is to approve state choices,
provided that they meet the approval criteria of the Act and
implementing regulations. Accordingly, this action merely approves
state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the CAA section 111(d) and section 111(d)/129 plans
are not approved to apply in Indian country, as defined at 18 U.S.C.
1151, located in the State. As such, this rule does not have tribal
implications, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), and it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Commercial and industrial solid waste
incineration, Hospital medical and infectious waste incineration,
Incorporation by reference, Intergovernmental relations, Methane,
Municipal solid waste landfill, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 15, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-05870 Filed 3-25-21; 8:45 am]
BILLING CODE 6560-50-P
