Proposed Rule2023-27295
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Spokane Regional Clean Air Agency; Control of Emissions From Existing Large Municipal Waste Combustors
Primary source
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Published
December 13, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove a Clean Air Act (CAA) State Plan submitted by the Spokane Regional Clean Air Agency (SRCAA). This State Plan establishes emission limits for existing large municipal waste combustors (MWC) and provides for the implementation and enforcement of these limits. SRCAA submitted this State Plan to fulfill its requirements under the CAA in response to the EPA's promulgation of Emissions Guidelines and Compliance Times for Large MWC Constructed on or before September 20, 1994 (Emission Guidelines). The EPA is partially approving the State Plan because it meets the requirements of the Emission Guidelines for existing large MWC known to operate in Spokane County, Washington. The EPA is partially disapproving the State Plan because it omits requirements for fluidized bed combustors and air curtain incinerators, which are required elements of a State Plan.
Full Text
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<title>Federal Register, Volume 88 Issue 238 (Wednesday, December 13, 2023)</title>
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[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Proposed Rules]
[Pages 86312-86314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27295]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R10-OAR-2023-0224; FRL-10859-01-R10]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Spokane Regional Clean Air Agency; Control
of Emissions From Existing Large Municipal Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove a Clean Air Act (CAA) State
Plan submitted by the Spokane Regional Clean Air Agency (SRCAA). This
State Plan establishes emission limits for existing large municipal
waste combustors (MWC) and provides for the implementation and
enforcement of these limits. SRCAA submitted this State Plan to fulfill
its requirements under the CAA in response to the EPA's promulgation of
Emissions Guidelines and Compliance Times for Large MWC Constructed on
or before September 20, 1994 (Emission Guidelines). The EPA is
partially approving the State Plan because it meets the requirements of
the Emission Guidelines for existing large MWC known to operate in
Spokane County, Washington. The EPA is partially disapproving the State
Plan because it omits requirements for fluidized bed combustors and air
curtain incinerators, which are required elements of a State Plan.
DATES: Written comments must be received on or before January 12, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2023-0224 at <a href="https://www.regulations.gov">https://www.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>. 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>.
FOR FURTHER INFORMATION CONTACT: Bryan Holtrop (he/him), U.S. EPA,
Region 10. He can be reached by phone at (206) 553-4473 or by email at
<a href="/cdn-cgi/l/email-protection#234b4c4f57514c530d41515a424d634653420d444c55"><span class="__cf_email__" data-cfemail="ea8285869e98859ac48898938b84aa8f9a8bc48d859c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Section 111(d) of the CAA requires the EPA to establish a procedure
for a state to submit a plan to the EPA that establishes standards of
performance for any air pollutant: (1) 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 which is regulated
under CAA section 112 and (2) to which a standard of performance under
CAA section 111 would apply if such existing source were a new source.
Section 129(b)(2) of the CAA requires that after the EPA promulgates
guidelines for a category of solid waste incineration units, each state
in which units in the category are operating shall submit to the EPA a
plan to implement and enforce the guidelines with respect to such
units. Such plans shall be at least as protective as the guidelines
promulgated by the EPA. The EPA established requirements for State Plan
submittals in the Code of Federal Regulations (CFR) at 40 CFR part 60,
subpart B. State submittals under CAA sections 111(d) and 129 must be
consistent with the relevant emission guidelines, in this instance 40
CFR part 60, subpart Cb, and the requirements of 40 CFR part 60,
subpart B.
On May 10, 2006, the EPA revised the regulations established for
Emissions Guidelines and Compliance Times for Large MWC That Are
Constructed on or before September 20, 1994, in 40 CFR part 60, subpart
Cb (71 FR 27324). This action was taken under sections 111(d) and 129
of the CAA.
On July 18, 2022, SRCAA submitted to the EPA a section 111(d)/129
plan for existing large MWC. The submitted section plan was in response
to the May 10, 2006, promulgation of Federal emission guidelines
requirements for large MWC, 40 CFR part 60, subpart Cb (71 FR 27336).
[[Page 86313]]
II. Summary of the Plan and EPA Analysis
The EPA has reviewed the SRCAA section 111(d)/129 plan submittal in
the context of the requirements of 40 CFR part 60, subparts B and Cb.
In this action, the EPA is proposing to determine that SRCAA's section
111(d)/129 plan meets the cited Federal requirements, except with
regard to fluidized bed combustors and air curtain incinerators. On
April 5 2007, SRCAA amended Regulation I, Article VI, Section 6.17 to
incorporate the EPA's revisions to the Emission Guidelines for large
MWC and made administrative formatting updates, adopted on July 9,
2020. The primary mechanism used by SRCAA to implement the Emission
Guidelines for existing large MWC under state jurisdiction is through
incorporation by reference of 40 CFR part 60, subpart Cb requirements
into Regulation 1, Article VI, Section 6.17. The changes SRCAA made to
the language in the Emission Guidelines were made to convert the
language in the Emission Guidelines to enforceable requirements.
Because SRCAA reported that there are only two units at a single
facility subject to the proposed State Plan--both of which utilize the
mass burn waterwall combustor technology--SRCAA did not include
requirements in the Emission Guidelines that apply to fluidized bed
combustors (40 CFR 60.33b(d)(3)) or air curtain incinerators (40 CFR
60.37b). In each case, the Emission Guidelines clearly state that ``for
approval, a State Plan shall include . . .'' the specified
requirements. The EPA has no discretion to fully approve a State Plan
that omits a required element. For this reason, the EPA is proposing to
partially disapprove SRCAA's State Plan insofar as it does not address
regulatory requirements applicable to fluidized bed combustors and air
curtain incinerators.
These regulations will be applicable to existing large MWC in
Spokane County, Washington upon the EPA's approval of the plan by final
rulemaking, except that fluidized bed combustors and air curtain
incinerators that are designated facilities under the Emission
Guidelines per 40 CFR 60.32b shall be subject to the Federal Plan
Requirements for Large Municipal Waste Combustors Constructed on or
before September 20, 1994 (40 CFR part 62, subpart FFF). A more
detailed explanation of the rationale behind this proposed approval is
available in the Technical Support Document (TSD) that may be found in
the docket for this action.
III. Proposed Action
The EPA is proposing to partially approve and partially disapprove
the SRCAA section 111(d)/129 plan for large MWC submitted pursuant to
40 CFR part 60, subpart Cb. Therefore, the EPA is proposing to amend 40
CFR part 62, subpart WW to reflect this action.
This partial approval and partial disapproval is based on the
rationale previously discussed in this document and in further detail
in the TSD that may be found in the docket for this action. The scope
of the proposed partial approval of the section 111(d)/129 plan is
limited to the provisions of 40 CFR part 60, subpart Cb that apply to
existing large MWC in Spokane County that are not fluidized bed
combustors or air curtain incinerators. The EPA Administrator continues
to retain the authorities identified in 40 CFR 60.30b(b) as authorities
retained by the Administrator.
IV. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
that incorporates by reference the State Plan. In accordance with
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference SRCAA Regulation I, Article VI, Section 6.17, which became
effective within the SRCAA's jurisdiction on July 7, 2022. The
regulatory provisions of this section of the SRCAA rule incorporate all
the CAA 111(d)/129 State Plan elements required by the EG for existing
large MWC promulgated at 40 CFR part 60, subpart Cb. The emissions
standards and compliance times established within the SRCAA State Plan
are at least as stringent as those required by the EG for existing
large MWC subject to subpart Cb. The EPA has made, and will continue to
make, these materials generally available through the docket for this
action, EPA-R10-OAR-2023-0224, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at
EPA Region 10 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
In reviewing State Plan submissions, the EPA's role is to approve
state choices, provided that they meet the criteria of the CAA.
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 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 14094 (88 FR 21879, April 11,
2023);
<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); and
<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 CAA.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its submittal; the Clean Air Act and
applicable implementing regulations neither prohibit nor require such
an evaluation. The EPA did not
[[Page 86314]]
perform an EJ analysis and did not consider EJ in this action. Due to
the nature of this action, it is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of Executive Order 12898 of
achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
In addition, this proposed rulemaking would not apply on any Indian
reservation land or in any other area in Washington where the EPA or an
Indian Tribe has demonstrated that a Tribe has jurisdiction. In those
areas of Indian country, the proposed rule would not have Tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Waste treatment and disposal.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 7, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-27295 Filed 12-12-23; 8:45 am]
BILLING CODE 6560-50-P
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