[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25969-25972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10916]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2017-0202; FRL-9962-41-Region 1]


Approval and Promulgation of State Plans (Negative Declarations) 
for Designated Facilities and Pollutants: Connecticut, New Hampshire, 
Rhode Island, and Vermont; Revisions to State Plan for Designated 
Facilities and Pollutants: New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving: 
Negative declarations for commercial and industrial solid waste 
incinerators for the State of Connecticut, the State of New Hampshire, 
the State of Rhode Island, and the State of Vermont; negative 
declarations for hospital/medical/infectious waste incinerators for the 
State of Rhode Island; and revisions to the state plan for existing 
large and small municipal waste combustors for the State of New 
Hampshire. This action is being made in accordance with sections 111 
and 129 of the Clean Air Act (CAA).

DATES: This direct final rule is effective August 7, 2017, unless EPA 
receives adverse comments by July 6, 2017. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0202 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxics, & 
Indoor Programs Unit, Air Programs Branch, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency,

[[Page 25970]]

Region 1, 5 Post Office Square, Mail Code: OEP05-2, Boston, MA, 02109-
0287. Telephone: 617-918-1287. Fax: 617-918-0287. Email 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. Organization of this document. The following outline 
is provided to aid in locating information in this preamble.

I. Background
II. Commercial and Industrial Solid Waste Incinerators
    A. Connecticut
    B. New Hampshire
    C. Rhode Island
    D. Vermont
III. Hospital/Medical/Infectious Waste Incinerators
    A. Rhode Island
IV. Large and Small Municipal Waste Combustors
    A. New Hampshire
V. Final Actions
VI. Statutory and Executive Order Reviews

I. Background

    Section 129 of the CAA requires EPA to establish performance 
standards and emission guidelines for various types of new and existing 
solid waste incineration units. These rulemakings establish emission 
standards for certain air pollutants, including organics (dioxins/
furans), carbon monoxide, metals (cadmium, lead, and mercury), hydrogen 
chloride, sulfur dioxide, nitrogen oxides, and particulate matter 
(which includes opacity).
    Section 129(b)(2) requires states to submit to EPA for approval 
section 111(d)/129 plans that implement and enforce the promulgated 
emission guidelines. Section 129(b)(3) requires EPA to promulgate a 
federal plan within two years from the date on which the emission 
guidelines, or revision to the emission guidelines, is promulgated. The 
federal plan is applicable to affected facilities when the state has 
failed to receive EPA approval of the section 111(d)/129 plan. The 
federal plan remains in effect until the state submits and receives EPA 
approval of its section 111(d)/129 state plan.
    State plans submitted pursuant to CAA sections 111(d) and 129 must 
be consistent with the relevant emission guidelines. If a state has no 
existing sources for the relevant emission guideline, a state may 
submit a negative declaration in lieu of a state plan for that 
particular type of existing source solid waste incineration unit.

II. Commercial and Industrial Solid Waste Incinerators

    Performance standards for new stationary source commercial and 
industrial solid waste incinerators (CISWI) and emission guidelines for 
existing source CISWI were originally promulgated on December 1, 2000 
(65 FR 75338). These rulemakings underwent a number of revisions and 
amendments throughout the 2000s, with the most recent amendments being 
finalized on June 23, 2016 (81 FR 40956). Due to significant changes to 
applicability in the March 21, 2011 CISWI rulemaking, EPA required 
states to resubmit state plans for existing source CISWI. See 76 FR 
15704 and 78 FR 9112. Existing source CISWI units are those which have 
commenced construction on or before June 4, 2010 or modified no later 
than August 7, 2013. The emission guidelines for existing source CISWI 
is codified at 40 CFR part 60, subpart DDDD.

A. Connecticut

    Connecticut Department of Energy & Environmental Protection (CT 
DEEP) submitted a negative declaration on September 1, 2015 certifying 
no existing source CISWI units operate within the State of Connecticut. 
CT DEEP noted the energy recovery incinerator located at Pfizer, Inc. 
in Groton, Connecticut ceased operation in 2008. The unit's permits 
were revoked, and the incinerator was rendered inoperable.

B. New Hampshire

    The New Hampshire Department of Environmental Services (NH DES) 
submitted a negative declaration on September 25, 2013 certifying no 
existing source CISWI units operate within the State of New Hampshire. 
NH DES noted that an existing source CISWI unit located at D.D. Bean & 
Sons Co. in Jaffrey, New Hampshire ceased operating in January 2005. 
The unit was completely dismantled in August 2005. NH DES has requested 
its state plan for existing source CISWI, approved by EPA on February 
10, 2003 (68 FR 6635), be withdrawn and the negative declaration be 
approved in its stead.

C. Rhode Island

    The Rhode Island Department of Environmental Management (RI DEM) 
submitted a negative declaration on August 19, 2015 certifying no 
existing source CISWI units operate within the State of Rhode Island. 
This certification serves to update a previous negative declaration for 
existing source CISWI approved by EPA on April 12, 2002 (67 FR 17946).

D. Vermont

    The Vermont Department of Environmental Conservation (VT DEC) 
submitted a negative declaration on July 26, 2013 certifying no 
existing source CISWI units operate within the State of Vermont. This 
certification serves to update a previous negative declaration for 
existing source CISWI approved by EPA on December 11, 2001 (66 FR 
63940).

III. Hospital/Medical/Infectious Waste Incinerators

    Performance standards for new stationary source hospital/medical/
infectious waste incinerators (HMIWI) and emission guidelines for 
existing source HMIWI were originally promulgated on September 15, 1997 
(62 FR 48348). The rulemakings underwent a number of revisions and 
amendments throughout the 2000s, with the most recent amendments being 
finalized on April 4, 2011(76 FR 18407). Existing source HMIWI units 
are those which have commenced construction on or before December 1, 
2008 or modified no later than April 6, 2010. The emission guidelines 
for existing source HMIWI are codified at 40 CFR part 60, subpart Ce.

A. Rhode Island

    RI DEM submitted a negative declaration on February 8, 2011 
certifying no existing source HMIWI units operate within the State of 
Rhode Island. All HMIWI units within the state have permanently ceased 
operation. On August 19, 2015, RI DEM requested its state plan for 
existing source HMIWI, approved by EPA on April 27, 2001 (66 FR 21092), 
be withdrawn and the negative declaration be approved in its stead.

IV. Large and Small Municipal Waste Combustors

    Performance standards for new stationary source large municipal 
waste combustors (MWC) and emission guidelines for existing large MWCs 
were originally promulgated on February 11, 1991 (54 FR 52251). Large 
MWC rulemakings underwent a number of revisions and amendments 
throughout the 1990s and early 2000s, with the most recent amendments 
being finalized on May 10, 2006 (71 FR 18407). Performance standards 
for new stationary source small MWCs and emission guidelines for 
existing small MWCs were originally promulgated on December 6, 2000 (65 
FR 76350 and 65 FR 76378). Existing large MWC units are those which 
have commenced construction on or before September 20, 1994 or modified 
no later than June 19, 1996. The emission guidelines for existing 
source large MWCs are codified at 40 CFR part 60, subpart Cb. Existing 
source small MWC units are those

[[Page 25971]]

which have commenced construction on or before August 30, 1999 or 
modified no later than June 21, 2001. The emission guidelines for 
existing small MWCs are codified at 40 CFR part 60, subpart AAAA.

A. New Hampshire

    EPA approved the New Hampshire large and small MWC state plan on 
February 10, 2003 (68 FR 6630). The implementing and enforceable 
regulation for the New Hampshire large and small MWC state plan is 
CHAPTER Env-A 3300 MUNICIPAL WASTE COMBUSTION. On January 29, 2009, NH 
DES submitted revisions to its large and small MWC state plan, 
specifically revisions to Env-A 3300, in order to make New Hampshire's 
state plan consistent with EPA's 2006 amendments to the large MWC 
emission guidelines. A technical amendment to the January 2009 
submittal was submitted on February 13, 2009. EPA approved New 
Hampshire's state plan revisions on September 3, 2014 (79 FR 52204).
    In early 2016, the New Hampshire General Court revised 125-C:10-a, 
a state statute that establishes emission limits for large and small 
MWC units. The revised legislation increased the stringency of emission 
limits for existing small MWCs for particulate matter, cadmium, lead, 
and dioxin/furans. The revised emission limits for existing small MWCs 
are now identical to those of existing large MWCs for those particular 
pollutants. Revision to 125-C:10-a became effective on July 18, 2016.
    In anticipation of the legislative action, NH DES revised Env-A 
3300. Revisions to Env-A 3300 incorporated by reference 125-C:10-a and 
added a table to Env-A 3300 at Appendix D summarizing the most 
stringent emission limits applicable to existing small MWCs in New 
Hampshire. Other inconsequential formatting changes were made to Env-A 
3300. Overall, the revised emission limits for existing source small 
MWCs make the New Hampshire regulation more stringent than federal 
standards for existing small MWCs.
    NH DES submitted the amended Env-A 3300 as a state plan revision on 
July 28, 2016. NH DES provided adequate public notice of public 
hearings for the proposed rulemaking Env-A 3300.

V. Final Actions

    EPA is approving CISWI negative declarations for the State of 
Connecticut, the State of Rhode Island, and the State of Vermont. EPA 
is approving the withdrawal of the New Hampshire CISWI state plan and 
approving the state's negative declaration. EPA is approving the 
withdrawal of the Rhode Island HMIWI state plan and approving the 
state's negative declaration. These negative declarations satisfy the 
requirements of 40 CFR 62.06 and will serve in lieu of CAA section 
111(d)/129 state plans for the specified states and source categories.
    EPA is approving revisions to the New Hampshire state plan for 
large and small MWCs. EPA's approval of the New Hampshire's state plan 
is based on our findings that:

     NH DES provided adequate public notice of public hearings 
for the proposed rulemaking that allows New Hampshire to carry out and 
enforce provisions that are at least as protective as the emission 
guidelines for large and small MWCs, and;
     NH DES demonstrated 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.

    EPA is publishing these actions without prior proposal because the 
Agency views these as noncontroversial amendments and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the negative declarations, 
State Plan withdrawal, and technical corrections should relevant 
adverse comments be filed. This rule will be effective August 7, 2017 
without further notice unless the Agency receives relevant adverse 
comments by July 6, 2017.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on August 7, 2017 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and 
applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing 
111(d)/129 plan submissions, 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 action:

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993) and Executive Order 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);
     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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible

[[Page 25972]]

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because this direct final rulemaking is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.
    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 August 7, 2017. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: April 20, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

0
Part 62 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS 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 H--Connecticut

0
2. Add Sec.  62.1750 and an undesignated center heading to subpart H to 
read as follows:

Air Emissions From Existing Commercial and Industrial Solid Waste 
Incineration Units


Sec.  62.1750  Identification of plan--negative declaration.

    On September 1, 2015, the State of Connecticut Department of Energy 
and Environmental Protection submitted a letter certifying no 
Commercial and Industrial Solid Waste Incineration units subject to 40 
CFR 60, subpart DDDD operate within the state's jurisdiction.

Subpart EE--New Hampshire

0
3. Amend Sec.  62.7325 by:
0
a. Removing and reserving paragraph (b)(3);
0
b. Adding paragraph (b)(4)(ii); and
0
c. Removing and reserving paragraph (c)(3).
    The addition reads as follows:


Sec.  62.7325  Identification of plan.

* * * * *
    (b) * * *
    (4) * * *
    (ii) Revised State Plan for Large and Small Municipal Waste 
Combustors was submitted on July 28, 2016. Revisions included 
amendments to New Hampshire Code of Administrative Rules Env-A 3300 
Municipal Waste Combustion in response to more stringent emission 
limits for Small MWCs enacted by the New Hampshire General Court in 
2016 and codified at New Hampshire Revised Statutes Annotated 125-C:10-
a.
* * * * *

0
4. Revise Sec.  62.7455 to read as follows:


Sec.  62.7455  Identification of plan--negative declaration.

    On September 25, 2013 the State of New Hampshire Department of 
Environmental Services submitted a letter certifying no Commercial and 
Industrial Solid Waste Incineration units subject to 40 CFR part 60, 
subpart DDDD operate within the state's jurisdiction.

Subpart OO--Rhode Island

0
5. Add an undesignated center heading preceding Sec.  62.9825 to read 
as follows:

Plan for the Control of Designated Pollutants From Existing Facilities 
(Section 111(d) Plan)


Sec.  62.9825  [Amended]

0
6. Section 62.9825 is amended by removing and reserving paragraphs 
(b)(1) and (c)(1).

0
7. Revise Sec.  62.9990 to read as follows:


Sec.  62.9990  Identification of plan--negative declaration.

    On September 25, 2013 the State of Rhode Island Department of 
Environmental Management submitted a letter certifying no Hospital/
Medical/Infectious Waste Incinerators units subject to 40 CFR part 60, 
subpart Ce operate within the state's jurisdiction.

Subpart UU--Vermont

0
8. Revise Sec.  62.11480 to read as follows:


Sec.  62.11480  Identification of plan--negative declaration.

    On July 26, 2013, the State of Vermont Department of Environmental 
Conservation submitted a letter certifying no Commercial and Industrial 
Solid Waste Incineration units subject to 40 CFR part 60, subpart DDDD 
operate within the state's jurisdiction.

[FR Doc. 2017-10916 Filed 6-5-17; 8:45 am]
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