[Federal Register Volume 83, Number 59 (Tuesday, March 27, 2018)]
[Rules and Regulations]
[Pages 13111-13113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06076]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2017-0552; FRL-9975-39--Region 8]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Colorado; Control of Emissions From Existing 
Commercial and Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a new 
state plan (the ``plan'') submitted by the Colorado Department of 
Public Health and Environment (CDPHE) for the regulation of existing 
commercial and industrial solid waste incineration (CISWI) units within 
the jurisdiction of the State of Colorado. The plan has been submitted 
to the EPA for approval following the promulgation of federal new 
source performance standards (NSPS) and emission guidelines (EG) for 
CISWI units on March 21, 2011, and the subsequent, limited revisions to 
that final rule on February 7, 2013, and June 23, 2016. This plan 
approval final rulemaking action is being taken in accordance with 
sections 111(d) and 129 of the Clean Air Act (CAA, or the ``Act'').

DATES: This final rule is effective on April 26, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2017-0552. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 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 through 
www.regulations.gov, or please contact the person identified in the For 
Further Information

[[Page 13112]]

Contact section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background Information

    Sections 111 and 129 of the CAA outline the EPA's statutory 
authority for regulating new and existing solid waste incineration 
units. Section 111(b) directs the EPA Administrator (the 
``Administrator'') to publish and periodically revise a list of source 
categories which significantly cause or contribute to air pollution. 
This subsection also directs the Administrator to establish federal 
standards of performance for new sources within these categories. 
Section 111(d) grants the EPA statutory authority to require states to 
submit to the agency implementation plans for establishing performance 
standards applicable to existing sources belonging to those categories 
established in section 111(b). Section 129 specifically addresses solid 
waste combustion and requires that the EPA regulate new and existing 
waste incineration units pursuant to section 111 of the Act, including 
the requirement that a state in which existing designated facilities 
operate, submit for approval, a state plan for each category of 
regulated waste incineration units. Section 129(b)(3) requires the EPA 
to promulgate a federal plan for existing waste incineration units of 
any designated category located in any state which has not submitted an 
approvable 111(d)/129 state plan for said category of waste 
incineration units. Such federal plans remain in effect until the state 
in question submits a new or revised state plan and subsequently 
receives approval and promulgation of the plan under 40 CFR part 62.
    State plan submittals under CAA sections 111(d) and 129 must be 
consistent with the relevant new or revised EG. Section 129(a)(1)(D) of 
the Act requires the EPA to develop and periodically revise operating 
standards for new and existing CISWI units. The NSPS and EG for CISWI 
units were promulgated on December 1, 2000, at 40 CFR part 60, subparts 
CCCC and DDDD, respectively. Revisions to the CISWI NSPS and EG were 
subsequently promulgated by the EPA on March 21, 2011 (76 FR 15704), 
with final actions on reconsideration of the rule published on February 
7, 2013 (78 FR 9112), and June 23, 2016 (81 FR 40956). State plan 
requirements specific to CISWI units, along with a model rule to ease 
adoption of the EG, are found in subpart DDDD, while more general state 
plan requirements are found in 40 CFR part 60, subpart B, and part 62, 
subpart A. The guidelines found in subpart DDDD require that states 
impose emission limits on designated facilities for those pollutants 
regulated under section 129, including: Dioxins/furans, carbon 
monoxide, metals (cadmium, lead and mercury), hydrogen chloride, sulfur 
dioxide, oxides of nitrogen, opacity and particulate matter. The EG 
also requires that state plans include essential elements pursuant to 
section 129 requirements, including monitoring, operator training and 
facility permitting requirements.
    On July 14, 2017, the CDPHE submitted to the EPA a new section 
111(d)/129 state plan for existing CISWI units in the State of 
Colorado. The current ``state plan'' is a negative declaration letter 
certifying the absence of any known designated facilities regulated 
under the CISWI rule. The current negative declaration was approved and 
promulgated by the EPA on September 17, 2003 (68 FR 54373), at 40 CFR 
part 62, subpart G. Since the revision of the CISWI rule, the State of 
Colorado has identified at least one operational designated facility 
which would be regulated under the revised rule, and has submitted a 
new state plan, summarized in the following section, to comply with CAA 
section 111/129 requirements.

II. Summary of Colorado's Section 111(d)/129 Plan for Existing CISWI 
Units

    The EPA has completed a review of the new Colorado section 111(d)/
129 plan for existing CISWI units. The EPA has determined that the plan 
submittal meets the requirements found in 40 CFR part 60, subparts B 
and DDDD, and part 62, subpart A. Accordingly, the EPA is approving the 
submitted state plan as proposed. See 83 FR 768 (Jan. 8, 2018). The 
EPA's final approval action is limited to the new CISWI state plan and 
the subpart DDDD ``Model Rule'' addressing CISWI units as they are 
incorporated by the State of Colorado in the Code of Colorado 
Regulations (CCR) at 5 CCR 1001-8, part A, subpart DDDD. A detailed 
summary of the submittal's compliance with the requirements found in 
the CFR is available in the technical support document (TSD) associated 
with this rulemaking action. The TSD has been available in the docket 
for this rulemaking action during the public comment period and may be 
found at the www.regulations.gov website.

III. Response to Public Comments

    This rule will be finalized as proposed without revisions. The EPA 
received a total of three anonymous public comments on the proposed 
approval and promulgation of the Colorado CISWI State plan. After 
reviewing the comments, the EPA has determined that the comments are 
outside the scope of our proposed action or fail to identify any 
material issue necessitating a response. All public comments received 
on this rulemaking action are available for review by the public and 
may be viewed by following the instructions for access to docket 
materials as outlined in the ADDRESSES section of this preamble.

IV. Final Action

    The EPA is approving Colorado's section 111(d)/129 state plan for 
existing CISWI units because the state plan requirements are at least 
as stringent as the requirements for existing CISWI units found in 40 
CFR part 60, subpart DDDD. Therefore, the EPA is amending 40 CFR part 
62, subpart G, to reflect the withdrawal of Colorado's negative 
declaration for existing CISWI units, and the approval of this plan. 
The scope of the plan approval is limited to the provisions of 40 CFR 
parts 60 and 62 for existing CISWI units, as found in the emission 
guidelines at 40 CFR part 60, subpart DDDD. The Administrator retains 
the authorities listed under 40 CFR 60.2542 and 60.2030(c).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a section 
111(d)/129 plan submission that complies with the provisions of the Act 
and applicable federal regulations. Thus, in reviewing section 111(d)/
129 plan submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA and are not 
specifically disapproved. Accordingly, this action merely finalizes 
approval of 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);

[[Page 13113]]

     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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 CAA; and,
     Is not subject to Executive Order 12898 (59 FR 7629, 
February 16, 1994) because it does not establish an environmental 
health or safety standard.
    In addition, this final rule is not approved to apply on any Indian 
reservation land or in any other area where the 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. The 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 29, 2018. 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 enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Commercial and 
industrial solid waste incineration, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: March 22, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
    For the reasons stated in the preamble, the EPA amends 40 CFR part 
62 as set forth below:

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 G--Colorado

0
2. Subpart G is amended by revising Sec.  62.1380 and adding Sec. Sec.  
62.1381 and 62.1382 to read as follows:


Sec.  62.1380  Identification of plan.

    111(d) Plan for Commercial and Industrial Solid Waste Incineration 
Units and the associated State regulation as it is incorporated in the 
Code of Colorado Regulations (CCR) under the Colorado Air Quality 
Control Commission's Standards of Performance for New Stationary 
Sources, 5 CCR 1001-8, part A, subpart DDDD. The plan and associated 
regulation were submitted by the State on July 14, 2017.


Sec.  62.1381  Identification of sources.

    The plan applies to each existing commercial and industrial solid 
waste incinerator unit and air curtain incinerator in the State of 
Colorado that commenced construction on or before June 4, 2010, or 
commenced modification or reconstruction after June 4, 2010, but no 
later than August 7, 2013, as such incinerator units are defined in 
Sec.  60.2875 of 40 CFR part 60. The plan applies only to units not 
exempt under the conditions of Sec.  60.2555 of that part.


Sec.  62.1382  Effective date.

    The federally enforceable effective date of the plan for commercial 
and industrial solid waste incinerators is April 26, 2018.

[FR Doc. 2018-06076 Filed 3-26-18; 8:45 am]
 BILLING CODE 6560-50-P