Proposed Rule2022-20379
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Maine; 111(d)/129 Revised State Plan for Large Municipal Waste Combustors and State Plan for Small Municipal Waste Combustors
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Published
September 26, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve the Clean Air Act (CAA) State Plan for Municipal Waste Combustor (MWC) units submitted by the Maine Department of Environmental Protection (Maine DEP). This submission includes revisions to Maine's previously-approved State Plan for existing Large MWCs in response to amended emission guidelines (EGs) for Large MWCs. This submission also includes a State Plan for existing Small MWCs. Maine DEP's State Plans for Large and Small MWCs implement and enforce provisions at least as protective as the EGs applicable to these subcategories of solid waste incinerators. This action is being taken in accordance with the CAA.
Full Text
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<title>Federal Register, Volume 87 Issue 185 (Monday, September 26, 2022)</title>
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[Federal Register Volume 87, Number 185 (Monday, September 26, 2022)]
[Proposed Rules]
[Pages 58294-58297]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20379]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2022-0515; FRL-10220-01-R1]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Maine; 111(d)/129 Revised State Plan for
Large Municipal Waste Combustors and State Plan for Small Municipal
Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the Clean Air Act (CAA) State Plan for Municipal Waste
Combustor (MWC) units submitted by the Maine Department of
Environmental Protection (Maine DEP). This submission includes
revisions to Maine's previously-approved State Plan for existing Large
MWCs in response to amended emission guidelines (EGs) for Large MWCs.
This submission also includes a State Plan for existing Small MWCs.
Maine DEP's State Plans for Large and Small MWCs implement and enforce
provisions at least as protective as the EGs applicable to these
subcategories of solid waste incinerators. This action is being taken
in accordance with the CAA.
DATES: Written comments must be received on or before October 26, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2022-0515 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#b2c5dddcd59cc1dac7c6c1c7f2d7c2d39cd5ddc4"><span class="__cf_email__" data-cfemail="afd8c0c1c881dcc7dadbdcdaefcadfce81c8c0d9">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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#a3d4cccdc48dd0cbd6d7d0d6e3c6d3c28dc4ccd5"><span class="__cf_email__" data-cfemail="e691898881c8958e93929593a6839687c8818990">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What is a state plan?
II. Why does EPA need to approve state plans?
III. What history does Maine DEP have with MWC state plans?
A. Large MWCs
B. Small MWCs
IV. Why did Maine DEP revise the Large MWC state plan?
V. Why did Maine DEP submit a Small MWC state plan?
VI. Review of Maine DEP's State Plan
A. State Plan Elements Applicable to Large and Small MWCs
B. Revised Requirements for Large MWCs Constructed on or Before
September 20, 1994 in 06-096 CMR Chapter 121
C. Requirements for Small MWCs Established in 06-096 CMR Chapter
121
VII. Why is EPA proposing to approve Maine DEP's state plan?
VIII. Proposed Action
IX. Incorporation by Reference
X. Statutory and Executive order reviews
I. What is a state plan?
Section 111(d) of the CAA requires that pollutants controlled under
new source performance standards (NSPS) also be controlled at existing
sources in the same source category. Once an NSPS is issued, EPA then
publishes emission guidelines (EGs) applicable to the control of the
same pollutant for existing (designated) facilities. States with
designated facilities must develop state plans to adopt the EGs into
their body of regulations. States must also include in their state
plans other elements, such as legal authority, inventories, and public
participation documentation to demonstrate their ability to enforce the
state plans.
II. Why does EPA need to approve state plans?
Section 129(b)(2) of the CAA requires states to submit state plans
to EPA for approval. Each state must show that its state plan will
carry out and enforce the EGs. State plans must be at least as
protective as the EGs and will become federally enforceable upon EPA's
approval. The procedures for adopting and submitting state plans are in
40 CFR part 60, subpart B.
III. What history does Maine DEP have with MWC state plans?
A. Large MWCs
On April 15, 1998, the Maine DEP submitted a Section 111(d)/129
State Plan for implementing and enforcing EGs for existing Large MWCs
with capacity to combust more than 250 tons per day (TPD) of municipal
solid waste (MSW) pursuant to 40 CFR part 60, subpart Cb and Eb,
respectively. On December 11, 1998, EPA approved this State Plan (63 FR
68394).
On December 21, 2007, Maine DEP submitted a revised State Plan for
Large MWCs. This State Plan incorporated revisions made by EPA to 40
CFR part 60, subpart Cb and Eb in 2006. This State Plan did not receive
final EPA approval. In 2019, further amendments and updates were made
to align the state's rules with Federal requirements, and Maine DEP
submitted the revised State Plan to EPA on December 24, 2019.
B. Small MWCs
Maine's December 21, 2007 submittal to EPA containing revisions to
its State Plan for Large MWCs also contained necessary elements for a
State Plan for Small MWCs. This 2007 submittal did not receive final
EPA approval. In 2019, amendments and updates were made to align the
state's rules with Federal requirements, and Maine DEP submitted the
State Plan to EPA on December 24, 2019.
IV. Why did Maine DEP revise the Large MWC state plan?
Section 129(a)(5) of the CAA requires EPA to conduct a 5-year
review of NSPS and EGs for solid waste incinerators and to amend
standards and requirements as appropriate. Accordingly, EPA promulgated
amended standards and requirements for Large MWCs on May 10, 2006 (71
FR 27324). This rulemaking included revised limits for dioxin/furan
[[Page 58295]]
(only for units equipped with electrostatic precipitators), mercury,
cadmium, lead, particulate matter, and nitrogen oxides (for some types
of units). It also contained revisions to the compliance testing
provisions to require increased data availability from continuous
emissions monitoring systems (CEMS). CEMS are required to generate at
least ninety-five percent (95%) data availability on a calendar year
basis and at least ninety percent (90%) data availability on a calendar
quarter basis. The compliance testing provisions have also been revised
to allow the optional use of CEMS to monitor particulate matter and
mercury. Other revisions include:
<bullet> 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;
<bullet> An eight-hour block average for measuring activated carbon
injection rate;
<bullet> A provision for waiver of operating parameter limits
during the mercury performance test and for two weeks preceding the
test, as is already allowed for dioxin testing;
<bullet> A revision to relative accuracy criteria for sulfur
dioxide and carbon monoxide CEMS;
<bullet> Flexibility to the annual compliance testing schedule so
that a facility tests once per calendar year, but no less than nine
months and no more than 15 months since the previous test;
<bullet> Allowing 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;
<bullet> The option of monitoring the activated carbon injection
pressure or equivalent parameter; and
<bullet> Clarifying the exclusion of monitoring data from
compliance calculations.
In response to the amended EGs, Maine DEP made two revisions to the
06-096 Code of Maine Regulations (CMR) Chapter 121, entitled ``Emission
Limitations and Emission Testing of Resource Recovery Facilities,''
effective on November 14, 2007 and September 14, 2019, respectively.
The provisions for new Large MWCs covered in 06-096 CMR Chapter 121,
Section 6., entitled ``Large Municipal Waste Combustor Units Subject to
40 CFR part 60, subpart Eb'' were excluded from the State Plan.
V. Why did Maine DEP submit a Small MWC state plan?
The EPA originally promulgated the EGs for large and Small MWCs on
December 19, 1995. In 1997, the United States Court of Appeals for the
District of Columbia Circuit vacated the initial MWC unit rules,
subparts Cb and Eb as they apply to MWC units with a capacity to
combust less than or equal to 250 TPD of MSW (i.e., Small MWCs). As a
result, subparts Cb and Eb were amended to apply only to MWC units with
the capacity to combust more than 250 TPD of MSW per unit (i.e., Large
MWCs). In response to the court's decision, on December 6, 2000, EPA
promulgated an NSPS applicable to new Small MWCs (i.e., capacities of
35 to 250 TPD), an EGs applicable to existing (i.e., construction
commenced on or before August 30, 1999) Small MWCs. The NSPS and EGs
are codified at 40 CFR part 60, subparts AAAA and BBBB, respectively
(65 FR 76350 and 76378). The Small MWC rule regulates the following air
pollutants: particulate matter, opacity, sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury,
and dioxins and dibenzofurans.
As required by Section 129(b)(3) of the Act, on January 31, 2003
EPA promulgated a Federal Plan (FP) for small MWCs that commenced
construction on or before August 30, 1999. The FP is a set of maximum
available control technology (MACT) requirements that implement the EG.
It is applicable to those small, existing MWC units not specifically
covered by an approved State Plan under sections 111(d) and 129 of the
CAA. In addition, it fills a Federal enforceability gap until State
Plans are approved and ensures that the MWC units stayed on track to
complete, in an expeditious manner, pollution control equipment
retrofits in order to meet the final compliance dates on or before of
May 6, 2005.
Maine DEP revised the 06-096 CMR Chapter 121, entitled ``Emission
Limitations and Emission Testing of Resource Recovery Facilities'' in
2007 and 2019 to regulate existing Small MWCs currently covered by the
FP. Maine's State Plan submission seeks Federal approval such that the
FP will no longer apply to existing Small MWCs in Maine, and Maine will
implement and enforce the State Plan in lieu of the FP. This State Plan
incorporates the requirements in 40 CFR part 60, subparts B and BBBB.
VI. Review of Maine DEP's State Plan
A. State Plan Elements Applicable to Large and Small MWCs
State Plans must include the following essential elements: (1)
identification of legal authority, (2) identification of mechanism for
implementation, (3) inventory of affected facilities, (4) emissions
inventory, (5) emissions limits, (6) compliance schedules, (7) testing,
monitoring, recordkeeping, and reporting, (8) public hearing records,
and (9) annual state progress reports on facility compliance.
Maine DEP has demonstrated the state's legal authority to carry out
the 111(d)/129 State Plan under state statutes of 38 Maine Revised
Statutes sections 585 ``Establishment of emission standards,'' 585-B
``Hazardous air pollutant standards,'' and 590 ``Licensing.''
Maine's enforceable mechanisms for implementing the State Plan are
06-096 CMR Chapter 121, ``Emission Limitations and Emission Testing of
Resource Recovery Facilities'' and Chapter 140, Part 70 ``Air Emission
License Regulations.''
Maine DEP's State Plan provides an updated inventory of affected
MWC facilities. Penobscot Energy Recovery Company, Limited Partnership,
and ecomaine (formerly Regional Waste Systems, Inc.) are Large MWCs,
and Mid-Maine Waste Action Corporation is a Small MWC. Two facilities
have shut down, Maine Energy Recovery Company Limited Partnership and
Northern Aroostook Regional Incinerator Facility (NARIF).\1\ An
inventory of the emissions from the affected sources has been provided
as part of the State Plan.
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\1\ NARIF was included in Maine DEP's inventory of sources, but
the facility ceased operations in March 1991 pursuant to a consent
decree with EPA, and the facility was never subject to Federal MWC
standards.
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Emissions limits, compliance schedules, testing, monitoring,
recordkeeping, and reporting are established in the State Plan and
apply to sources based on the size of the facility and the date of
construction; the following Sections VII. B. and C. review the
revisions to 06-096 CMR Chapter 121 that are at least as stringent as
the Federal EGs. Note that the State Plan also provides the license
limits for each of the identified sources; some license limits are more
stringent that the emissions limitations established 06-096 CMR Chapter
121.
Maine DEP's State Plan includes public hearing records and a
commitment to submit annual state progress reports on facility
compliance to EPA.
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B. Revised Requirements for Large MWCs Constructed on or Before
September 20, 1994 in 06-096 CMR Chapter 121
1. Emissions Limits
Emissions limits are established in 06-096 CMR Chapter 121 and
incorporate limits by reference from 40 CFR part 60, subpart Cb except
for where the state has more stringent standards. The State Plan has
more stringent standards for mercury, sulfur dioxide and dioxans/
furans.
2. Operating Practices
The State Plan requires affected sources to follow the operating
practices specified in 40 CFR part 60, subpart Eb.
3. Operator Training
The State Plan requires operator training and certification as
established under 40 CFR part 60, subpart Eb and according to the
schedule specified in 40 CFR part 60, subpart Cb.
4. Compliance and Performance Testing Requirements
Compliance and performance testing requirements are incorporated by
reference from 40 CFR part 60, subpart Eb except as provided for under
40 CFR part 60, subpart B. In addition, the State Plan establishes
procedures for common stack testing, requirements for alternative
performance testing schedule for dioxins/furans in certain conditions,
requirements for initial performance testing, and requirements for
emissions testing for arsenic, nickel, chromium and beryllium. Testing
for arsenic, nickel, chromium and beryllium is not required by the
Federal EGs.
5. Reporting, Recordkeeping and Compliance Schedules
The State Plan requires affected facilities to report to Maine DEP
facility operating status and facility process data, pollutant emission
data, combustion process data, and summary emission limitations as
established by license conditions.
The State Plan requires emission test reports and recordkeeping to
meet the requirements set forth in 40 CFR part A, except for the siting
requirements under 40 CFR part 60, subpart Eb. In addition, the State
Plan also establishes requirements for reporting to Maine DEP.
The State Plan incorporates by reference the compliance schedule
specified in 40 CFR part 60, subpart Cb and establishes licensing
requirements for affected sources.
C. Requirements for Small MWCs Established in 06-096 CMR Chapter 121
1. Emissions Limits
Emission limits are incorporated by reference from 40 CFR part 60,
subpart BBBB. The State Plan has more stringent standards for
particulate matter, cadmium, lead, mercury, nitrogen oxides, dioxins/
furans, sulfur dioxide, hydrogen chloride and carbon monoxide.
2. Operating Practices
The State Plan requires affected sources to follow the operating
practices specified in 40 CFR part 60, subpart BBBB.
3. Operator Training
The State Plan requires operator training and certification as
established under 40 CFR part 60, subpart BBBB.
4. Compliance and Performance Testing
The State Plan establishes requirements for owners and operators to
prepare and submit a performance testing plan for approval by Maine DEP
prior to facility start up. The State Plan establishes an emission
testing schedule and a process to request an alternative testing
schedule. The State Plan references EPA Methods from 40 CFR part 60,
Appendix A to establish requirements for emission testing of oxygen (or
carbon dioxide), hydrogen chloride, particulate matter, metals and
fugitive emissions. The State Plan requires all affected facilities to
install and operate instruments for continuous emissions monitoring for
carbon monoxide, sulfur dioxide and opacity and specifies requirements
for compliance demonstration and instrumentation, including reference
to 40 CFR part 60, Appendices B and F.
5. Reporting and Recordkeeping
The State Plan requires affected facilities to report to Maine DEP
facility operating status and facility process data, pollutant emission
data, combustion process data, and summary emission limitations as
established by license conditions. The State Plan also establishes
reporting requirements for exceedances, maintenance of records and
submission of reports to Maine DEP.
VII. Why is EPA proposing to approve Maine DEP's State Plans for Large
and Small MWCs?
EPA has evaluated the revised State Plan for existing Large MWCs
and the initial State Plan for existing Small MWCs submitted by Maine
DEP for consistency with the Act, the May 2006 EGs for Large MWCs, the
December 2000 EGs for Small MWCs and EPA guidelines and policy. EPA has
determined that Maine DEP's State Plan that was submitted on December
24, 2019 meets all requirements and, therefore, EPA is proposing to
approve MassDEP's Plan to implement and enforce the EGs, as they apply
to existing Large and Small MWCs. Upon the effective date of this
notice, the Federal Plan will no longer apply to existing Small MWCs in
Maine and Maine will implement and enforce the State Plan in lieu of
the Federal Plan.
EPA's proposal to approve Maine DEP's State Plan is based on our
findings that:
(1) Maine DEP provided adequate public notice of public hearings
for the proposed rule-making, which allows Maine to carry out and
enforce provisions that are at least as protective as the EGs for Large
and Small MWCs, and
(2) Maine DEP demonstrated its legal authority to: adopt emission
standards and compliance schedules applicable to the designated
facilities; enforce applicable laws, regulations, standards and
compliance schedules; seek injunctive relief; obtain information
necessary to determine compliance; require record keeping; conduct
inspections and tests; require the use of monitors; require emission
reports of owners and operators; and make emission data publicly
available.
VIII. Proposed Action
EPA is proposing to approve the Maine DEP's revised State Plan for
existing Large MWCs and the initial State Plan for existing Small MWCs.
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
IX. Incorporation by Reference
In this rulemaking, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the provisions of 06-096 CMR Chapter 12,
entitled ``Emissions Limitations and Emissions Testing of Resource
Recovery Facilities,'' effective September 14, 2019, excluding Section
6., entitled
[[Page 58297]]
``Large Municipal Waste Combustor Units Subject to 40 CFR part 60,
subpart Eb,'' which regulate emissions and emissions testing for large
and small MWCs. The 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).
X. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
State Plan submission that complies with the provisions of the Act and
applicable Federal regulations. See 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 proposed 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 proposed 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);
<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, this rulemaking 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 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements, Sulfur oxides,
Waste treatment and disposal.
Dated: September 15, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-20379 Filed 9-23-22; 8:45 am]
BILLING CODE 6560-50-P
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