Rule2021-23545
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Massachusetts; 111(d)/129 Revised State Plan for Large Municipal Waste Combustors
Primary source
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Published
October 29, 2021
Effective
November 29, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the Clean Air Act State Plan revisions for Large Municipal Waste Combustors (MWCs) submitted by the Massachusetts Department of Environmental Protection (MassDEP) on December 18, 2018. The revised State Plan is in response to amended emission guidelines (EGs) for Large MWCs promulgated on May 10, 2006. MassDEP's State Plan is for implementing and enforcing provisions at least as protective as the EGs applicable to existing Large MWCs. This action is being taken under the Clean Air Act.
Full Text
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<title>Federal Register, Volume 86 Issue 207 (Friday, October 29, 2021)</title>
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59857-59858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23545]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2021-0265; FRL-8861-01-R1]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Massachusetts; 111(d)/129 Revised State Plan
for Large Municipal Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Clean Air Act State Plan revisions for Large Municipal Waste Combustors
(MWCs) submitted by the Massachusetts Department of Environmental
Protection (MassDEP) on December 18, 2018. The revised State Plan is in
response to amended emission guidelines (EGs) for Large MWCs
promulgated on May 10, 2006. MassDEP's State Plan is for implementing
and enforcing provisions at least as protective as the EGs applicable
to existing Large MWCs. This action is being taken under the Clean Air
Act.
DATES: This rule is effective on November 29, 2021. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of November 29, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2021-0265. All documents in the docket
are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed
in the index, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the U.S.
Environmental Protection Agency, EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility
closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Shutsu Wong, Air Quality Branch, U.S.
Environmental Protection Agency, EPA Region 1, 5 Post Office Square--
Suite 100, (Mail Code 05-2), Boston, MA 02109-3912, tel. 617-918-1078,
email <a href="/cdn-cgi/l/email-protection#aed9c1c0c980ddc6dbdadddbeecbdecf80c9c1d8"><span class="__cf_email__" data-cfemail="a2d5cdccc58cd1cad7d6d1d7e2c7d2c38cc5cdd4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 20, 2021 (86 FR 27350), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Massachusetts.
The NPRM proposed approval of the Clean Air Act State Plan
revisions for Large MWCs submitted by the MassDEP on December 18, 2018.
MassDEP revised the Code of Massachusetts Regulations (CMR),
specifically at 310 CMR 7.08(2) entitled ``Municipal Waste
Combustors,'' and submitted the revised State Plan in response to
amended EGs for Large MWCs promulgated on May 10, 2006. MassDEP's State
Plan is for implementing and enforcing provisions at least as
protective as the EGs applicable to existing Large MWCs.
Other specific requirements under sections 111(d) and 129 of the
Clean Air Act, and the rationale for EPA's proposed action, are
explained in the NPRM and will not be restated here. No public comments
were received on the NPRM.
II. Final Action
EPA is approving the MassDEP's revised State Plan for existing
Large MWCs.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that uses
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the
provisions of 310 CMR 7.08(2), entitled ``Municipal Waste Combustors,''
effective March 9, 2018, excluding the site assignment provisions of
310 CMR 7.08(2)(a), the definition of ``materials separation plan'' at
310 CMR 7.08(2)(c), and the materials separation plan provisions at 310
CMR 7.08(2)(f)8. These provisions establish emission limitations and
requirements for Large MWCs in Massachusetts. In accordance with 5
U.S.C. 552(a), EPA has made, and will continue to make, these documents
generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA
Region 1 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). This incorporation by reference is approved by the Office
of the Federal Register upon the effective date of this final rule, and
the plan is federally enforceable under the Clean Air Act (CAA) as of
the effective date of this final rulemaking.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
State Plan submittal that complies with the provisions of the Act and
applicable Federal regulations. Clean Air Act sections 111(d) and
129(b); 40 CFR part 60, subparts B and Cb; and 40 CFR part 62, subpart
A; and 40 CFR 62.04. Thus, in reviewing state plan submissions, EPA's
role is to approve state choices, provided that they meet the criteria
of the Clean Air Act. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
[[Page 59858]]
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
<bullet> 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 State Plan 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 28, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements, Sulfur oxides, and
Waste treatment and disposal.
Dated: October 25, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLAN FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart W--[Amended]
0
2. In subpart W, remove the undesignated center heading ``Plan for the
Control of Designated Pollutants From Existing Facilities (Section
111(d) Plan)''.
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3. Revise Sec. 62.5340 to read as follows:
Sec. 62.5340 Identification of plan.
(a) Identification of plan. Massachusetts Plan for the Control of
Designated Pollutants from Existing Plants (Section 111(d) Plan).
(b) Official submission of plan. Revised State Plan for the control
of metals, acid gases, organic compounds and nitrogen oxide emissions
from existing municipal waste combustors--as submitted December 18,
2018, by the Massachusetts Department of Environmental Protection. The
plan includes the regulatory provisions cited in paragraph (d) of this
section, which EPA incorporates by reference.
(c) Identification of sources. The plan applies to existing sources
in the following categories of sources:
(1) Municipal waste combustors.
(2) [Reserved]
(d) Incorporation by reference. (1) The material incorporated by
reference in this section was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
obtain copies at the EPA Region 1 Regional Office, Air and Radiation
Division, 5 Post Office Square-Suite 100, Boston, MA, 617-918-1078 and
from the source listed in paragraph (d)(2) of this section. You may
also inspect the materials at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email <a href="/cdn-cgi/l/email-protection#7016025e191e0300151304191f1e301e1102115e171f06"><span class="__cf_email__" data-cfemail="1b7d69357275686b7e786f7274755b757a697a357c746d">[email protected]</span></a>, or go to:
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
(2) Commonwealth of Massachusetts, Massachusetts Department of
Environmental Protection. 1 Winter Street, Boston, Massachusetts 02108,
617-292-5500, <a href="http://mass.gov/orgs/massachusetts-department-of-environmental-protection">mass.gov/orgs/massachusetts-department-of-environmental-protection</a>; Code of Massachusetts Regulations (CMR):
(i) 310 CMR 7.08(2): Title 310--Department of Environmental
Protection, chapter 7.00--Air Pollution Control, section 7.08--U
Incinerators, paragraph (2) ``Municipal Waste Combustors,'' in effect
March 9, 2018 (as corrected and revised through August 21, 1998),
excluding the following: subparagraph (2)(a) ``Site Assignment''; the
definition of ``materials separation plan'' in subparagraph (2)(c); and
subparagraph (2)(f)8. ``Material Separation Plan''.
(ii) [Reserved]
Sec. 62.5425 [Amended]
0
4. In Sec. 62.5425, remove and reserve paragraph (a)(1).
[FR Doc. 2021-23545 Filed 10-28-21; 8:45 am]
BILLING CODE 6560-50-P
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