Rule2023-05020
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 14, 2023
Effective
April 13, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Rules and Regulations]
[Pages 15611-15613]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05020]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2022-0515; FRL-10220-02-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: Final rule.
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[[Page 15612]]
SUMMARY: The Environmental Protection Agency (EPA) is approving 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: This rule is effective on April 13, 2023. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of April 13, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2022-0515. 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., 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#7e09111019500d160b0a0d0b3e1b0e1f50191108"><span class="__cf_email__" data-cfemail="2c5b43424b025f4459585f596c495c4d024b435a">[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 September 26, 2022 (87 FR 58294), EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of Maine.
The NPRM proposed approval of the Clean Air Act State Plan
revisions for existing Large MWCs and new State Plan for existing Small
MWCs submitted by the Maine DEP on December 24, 2019. Maine DEP revised
the provisions of 06-096 Code of Maine Regulations (CMR) Chapter 121,
entitled ``Emission Limitations and Emission Testing of Resource
Recovery Facilities,'' and submitted the State Plan in response to
amended EGs for Large MWCs and federal standards for existing Small
MWCs.\1\ Maine DEP's State Plan is for implementing and enforcing
provisions at least as protective as the EGs applicable to existing
Large and Small MWCs.
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\1\ 71 FR 27324 Standards of Performance for New Stationary
Sources and Emission Guidelines for Existing Sources: Large
Municipal Waste Combustors and 68 FR 5158 Federal Plan Requirements
for Small Municipal Waste Combustion Units Constructed On or Before
August 30, 1999.
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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. Only one comment
was received on the NPRM which was in support of the proposed action.
This comment is available within the docket for this action.
II. Final Action
EPA is approving Maine DEP's revised State Plan for existing Large
MWCs and State Plan for existing Small MWCs.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the 06-
096 CMR, Chapter 121, entitled ``Emission Limitations and Emission
Testing of Resource Recovery Facilities,'' effective on September 14,
2019, excluding 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.'' This regulation being
incorporated by reference revises Maine's previously approved State
Plan for existing Large MWCs in response to amended EGs for Large MWCs,
and includes a State Plan for existing Small MWCs. The EPA has made,
and will continue to make, these documents generally available at the
EPA Region 1 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). They are also available at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
This incorporation by reference has been approved by the Office of the
Federal Register and the plan is federally enforceable under the 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
SIP 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 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);
<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
[[Page 15613]]
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 May 15, 2023. 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,
Waste treatment and disposal.
Dated: March 6, 2023.
David Cash,
Regional Administrator, EPA Region 1.
Part 62 of chapter I, title 40 of the Code of Federal Regulations
is amended 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 U--Maine
0
2. Amend Section 62.4845 by revising paragraph (b)(4) and adding
paragraphs (b)(7) and (8) and (d) to read as follows:
Sec. 62.4845
* * * * *
(b)
* * * * *
(4) Control of metals, acid gases, organic compounds and nitrogen
oxide emissions from existing large municipal waste combustors with the
capacity to combust greater than 250 tons per day of municipal solid
waste, submitted on April 15, 1998.
* * * * *
(7) A revision to the plan controlling metals, acid gases, organic
compounds and nitrogen oxide emissions from large municipal waste
combustors with the capacity to combust greater than 250 tons per day
of municipal solid waste, submitted on December 24, 2019 (incorporated
by reference, see paragraph (d)(1) of this section).
(8) Control of metals, acid gases, organic compounds and nitrogen
oxide emissions from existing small municipal waste combustors with the
capacity to combust less than or equal to 250 tons per day of municipal
solid waste, submitted on December 24, 2019 (incorporated by reference,
see paragraph (d)(1) of this section).
* * * * *
(d) Incorporation by reference. The material listed in this
paragraph (d) is incorporated by reference in this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved material is available for inspection at
the EPA and at the National Archives and Records Administration (NARA).
Contact EPA at: EPA Region 1 Regional Office, Air and Radiation
Division, 5 Post Office Square-Suite 100, Boston, MA, 617-918-1111. For
information on the availability of this material at NARA, visit:
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#1f796d3176716c6f7a7c6b7670715f717e6d7e31787069"><span class="__cf_email__" data-cfemail="5036227e393e2320353324393f3e103e3122317e373f26">[email protected]</span></a>. The material may be obtained from: State of
Maine, Maine Department of Environmental Protection. 17 State House
Station, 28 Tyson Drive, Augusta, Maine 04333, 207-287-7688,
<a href="http://www.maine.gov/dep/:">www.maine.gov/dep/:</a>
(1) 06-096 Code of Maine Regulations: Department of Environmental
Protection, Chapter 121, ``Emission Limitations and Emission Testing of
Resource Recovery Facilities,'' excluding Section 6 ``Large Municipal
Waste Combustor Units Subject to 40 CFR part 60, subpart Eb,'' amended
September 14, 2019.
(2) [Reserved]
0
3. Section 62.4975 is revised to read as follows:
Sec. 62.4975 Identification of sources.
(a) Penobscot Energy Recovery Company, Orrington, Maine
(b) [Reserved]
(c) ecomaine, Portland, Maine
0
4. Add an undesignated center heading and Sec. 62.5000 to subpart U to
read as follows:
Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From
Existing Municipal Waste Combustors With the Capacity To Combust Less
Than or Equal to 250 Tons per Day of Municipal Solid Waste
Sec. 62.5000 Identification of sources.
(a) Mid-Maine Waste Action Corporation, Auburn, Maine
(b) [Reserved]
[FR Doc. 2023-05020 Filed 3-13-23; 8:45 am]
BILLING CODE 6560-50-P
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