[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Rules and Regulations]
[Pages 1119-1121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27671]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2018-0183; FRL-9996-80-Region 4]


Alabama; Approval of Plan for Control of Emissions From 
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 taking final 
action to approve a state plan submitted by the State of Alabama, 
through the Alabama Department of Environmental Management (ADEM) on 
May 19, 2017, and supplemented on October 24, 2017, for implementing 
and enforcing the Emissions Guidelines (EG) applicable to existing 
Commercial and Industrial Solid Waste Incineration (CISWI) units. The 
State plan provides for implementation and enforcement of the EG, as 
finalized by EPA on June 23, 2016, applicable to existing CISWI units 
for which construction commenced on or before June 4, 2010, or for 
which modification or reconstruction commenced after June 4, 2010, but 
no later than August 7, 2013. The State plan establishes emission 
limits, monitoring, operating, recordkeeping, and reporting 
requirements for affected CISWI units.

DATES: This rule will be effective February 10, 2020. The incorporation 
by reference of documents listed in this rule is approved by the 
Director of the Federal Register as of February 10, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2018-0183. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information 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 either 
electronically through www.regulations.gov or in hard copy form at the 
Air and Radiation Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303. EPA requests 
that if at all possible, you contact the person 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 Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Bloeth, Communities and Air 
Toxics Section, Air Analysis and Support Branch, Air and Radiation 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW, Atlanta, Georgia 30303. Mr. Bloeth can be reached via 
telephone at 404-562-9013 and via email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 129 of the Clean Air Act (CAA or the Act) directs the 
Administrator to develop regulations under that section and section 
111(d) of the Act limiting emissions of nine air pollutants 
(particulate matter, carbon monoxide, dioxins/furans, sulfur dioxide, 
nitrogen oxides, hydrogen chloride, lead, mercury, and cadmium) from 
four categories of solid waste incineration units: Municipal solid 
waste incinerators; hospital, medical, and infectious solid waste 
incinerators; commercial and industrial solid waste incinerators; and 
other solid waste incinerators.
    On December 1, 2000, EPA promulgated new source performance 
standards (NSPS) and EG to reduce air pollution from CISWI units, which 
are codified at 40 CFR part 60, subparts CCCC and DDDD, respectively. 
See 65 FR 75338. EPA revised the NSPS and EG for CISWI units on March 
21, 2011. See 76 FR 15704. Following promulgation of the 2011 CISWI 
rule, EPA received petitions requesting that EPA reconsider numerous 
provisions in the rule. EPA granted reconsideration on certain issues, 
and, subsequently, on February 7, 2013, EPA promulgated a CISWI 
reconsideration rule. See 78 FR 9112. Following the 2013 CISWI 
reconsideration rule, EPA received petitions to reconsider certain 
provisions of the NSPS and EG for

[[Page 1120]]

CISWI units. On January 21, 2015, EPA granted reconsideration on four 
specific issues and, subsequently, on June 23, 2016, EPA finalized 
reconsideration of the CISWI NSPS and EG. See 81 FR 40956.
    Section 129(b)(2) of the CAA requires states to submit to EPA for 
approval state plans and revisions that implement and enforce the EG--
in this case, 40 CFR part 60, subpart DDDD. State plans and revisions 
must be at least as protective as the EG, and become federally 
enforceable upon approval by EPA. The procedures for submittal and 
adoption of state plans and revisions are codified in 40 CFR part 60, 
subpart B. On March 14, 2014, Alabama submitted a state plan to 
implement and enforce the EG for existing CISWI units in the State.\1\ 
On May 19, 2017, Alabama submitted a revised plan, which was 
supplemented on October 24, 2017.\2\
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    \1\ EPA did not act on the plan submitted by Alabama, at that 
time.
    \2\ The submitted State plan does not apply in Indian country 
located in the State.
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    In a notice of proposed rulemaking published on June 5, 2018 (83 FR 
25983), EPA proposed to approve Alabama's State plan. Additional 
information concerning Alabama's State plan submission and the 
rationale for EPA's actions for this final rule are explained in the 
June 5, 2018 proposed rulemaking. Comments on the proposed rulemaking 
were due on or before July 5, 2018. EPA received no comments.

II. Final Action

    EPA is taking final action to approve Alabama's State plan to 
implement and enforce the EG for existing CISWI units in the State, as 
submitted on May 19, 2017, and supplemented on October 24, 2017. EPA is 
taking this action because it has concluded that Alabama's State plan 
is consistent with sections 111(d) and 129 of the CAA. As part of this 
action, EPA is incorporating by reference Alabama Rule 335-3-3-.05, 
effective, as a matter of State law, December 8, 2017. Alabama Rule 
335-3-3-.05 includes emission limits, operating limits, monitoring 
requirements, recordkeeping requirements, reporting requirements, and 
operator training and qualification requirements applicable to affected 
CISWI units. EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region 4 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of the preamble for more information).

III. 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. In reviewing 111(d)/129 plan 
submissions, EPA's role is to approve state choices, provided they meet 
the criteria and objectives of the CAA and EPA's implementing 
regulations. Accordingly, this action merely approves state law as 
meeting Federal requirements and, although the plan is federally 
enforceable, this action 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);
     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).
    In addition, this rule 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. It also 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). And it does not have Tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because EPA is 
not approving the submitted rule to apply in Indian country located in 
the state and because the submitted rule will not impose substantial 
direct costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 62

    Administrative practice and procedure, Air pollution control, 
Aluminum, Fertilizers, Fluoride, Incorporation by Reference, 
Intergovernmental relations, Manufacturing, Phosphate, Reporting and 
recordkeeping requirements, Sulfur oxides, Waste treatment and 
disposal.

    Authority:  42 U.S.C. 7411.

    Dated: December 10, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 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 B--[Amended]

0
2. In subpart B, remove the undesignated center heading ``Air Emissions 
From Commercial and Industrial Solid Waste Incineration (CISWI) Units 
(Section 111(d)/129 Plan)''.

0
3. Revise Sec.  62.107 to read as follows:


Sec.  62.107  Identification of sources.

    (a) Approval of State Plan for Commercial and Industrial Solid 
Waste Incineration Units. Effective February 10, 2020, EPA approved 
Alabama's State Plan for Commercial and Solid Waste Incineration Units, 
which is codified at Alabama Rule 335-3-3-.05, amended December 8, 
2017, and which is incorporated by reference. The plan applies to each 
existing commercial and industrial solid waste incineration unit and 
air curtain incineration unit in the State of Alabama that commenced 
construction on or before June 4, 2010, or commenced modification or 
construction after June 4, 2010, but no later than August 7, 2013, as 
such incineration units are defined in 40 CFR 60.2875 and 40 CFR part 
60.
    (b) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the material may be inspected or obtained from the EPA

[[Page 1121]]

Docket Center--Public Reading Room, EPA West Building, Room 3334, 1301 
Constitution Avenue NW, Washington, DC 20004 or U.S. EPA, Region 4, Air 
Analysis and Support Branch, 61 Forsyth Street, Atlanta, GA 30303. The 
telephone number for the Public Reading Room is (202) 566-1744. Copies 
may be inspected at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
email [email protected] or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of Alabama, Alabama Department of Environmental 
Management. 1400 Coliseum Boulevard, Montgomery, AL 36110, 334-271-
7700, adem.alabama.gov.
    (i) Administrative Rule 335-3-3-3.05, Incineration of Commercial 
and Industrial Solid Waste (Administrative Code division 335-3, Air 
Division--Air Pollution Control Program), adopted October 20, 2017.
    (ii) [Reserved]

[FR Doc. 2019-27671 Filed 1-8-20; 8:45 am]
 BILLING CODE 6560-50-P