[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27350-27353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10518]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2021-0265; FRL-10024-16-Region 1]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Massachusetts; 111(d)/129 Revised State Plan 
for 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 
approve the Clean Air Act State Plan revisions for Large Municipal 
Waste Combustors (MWC) submitted by the Massachusetts Department of 
Environmental Protection (MassDEP) on December 18, 2018. The revised 
State Plan is in response to amended emission guidelines (EGs) for 
Large MWCs promulgated on May 10, 2006. MassDEP's State Plan is for 
implementing and enforcing provisions at least as protective as the EGs 
applicable to existing Large MWC. This action is being taken under the 
Clean Air Act.

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DATES: Written comments must be received on or before June 21, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2021-0265 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://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
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 [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What is a State Plan?
II. Why does EPA need to approve State Plans?
III. Why does EPA regulate air emissions from MWCs?
IV. What history does MassDEP have with MWC State Plans?
V. Why did MassDEP revise the MWC State Plan?
VI. What revisions have been made to the State Plan?
    A. Inventory of Sources
    B. Emissions Limits
    C. Operating Practices
    D. Compliance and Performance Testing
    E. Training and Certification
    F. Reporting and Recordkeeping
VII. Why is EPA proposing to approve MassDEP's revised State Plan?
VIII. Proposed Action
IX. Incorporation by Reference
X. Statutory and Executive Order Reviews

I. What is a State Plan?

    Section 111(d) of the Clean Air Act (CAA) requires pollutants 
controlled under new source performance standards (NSPS) also be 
controlled at existing sources in the same source category. Once an 
NSPS is issued, EPA then publishes emission guidelines (EGs) applicable 
to the control of the same pollutant for existing (designated) 
facilities. States with designated facilities must develop state plans 
to adopt the EGs into their body of regulations. States must also 
include in their state plans other elements, such as legal authority, 
inventories, and public participation documentation to demonstrate 
their ability to enforce the state plans.

II. Why does EPA need to approve State Plans?

    Section 129(b)(2) of the CAA requires states to submit state plans 
to EPA for approval. Each state must show that its state plan will 
carry out and enforce the EGs. State plans must be at least as 
protective as the EGs and will become federally enforceable upon EPA's 
approval. The procedures for adopting and submitting state plans are in 
40 CFR part 60, subpart B.

III. Why does EPA regulate air emissions from MWCs?

    EPA is required to regulate air emissions from MWCs under sections 
111(d) and 129 of the Clean Air Act. When burned, municipal solid 
wastes emit various air pollutants, including hydrochloric acid, 
dioxin/furan, toxic metals (lead, cadmium, and mercury) and particulate 
matter. Mercury is highly hazardous and is of particular concern 
because it persists in the environment and bioaccumulates through the 
food web. Serious human health effects, primarily to the nervous 
system, have been associated with exposures to mercury. Harmful effects 
in wildlife have also been reported; these include nervous system 
damage and behavioral and reproductive deficits. Human and wildlife 
exposure to mercury occur mainly through eating of fish. When inhaled, 
mercury vapor attacks the lung tissue and is a cumulative poison. 
Short-term exposure to mercury in certain forms can cause 
hallucinations and impair consciousness. Long-term exposure to mercury 
in certain forms can affect the central nervous system and cause kidney 
damage.
    Exposure to particulate matter can aggravate existing respiratory 
and cardiovascular disease and increase risk of premature death. 
Hydrochloric acid is a clear colorless gas. Chronic exposure to 
hydrochloric acid has been reported to cause gastritis, chronic 
bronchitis, dermatitis, and photosensitization. Acute exposure to high 
levels of chlorine in humans may result in chest pain, vomiting, toxic 
pneumonitis, pulmonary edema, and death. At lower levels, chlorine is a 
potent irritant to the eyes, the upper respiratory tract, and lungs.
    Exposure to dioxin and furan can cause skin disorders, cancer, and 
reproductive effects such as endometriosis. These pollutants can also 
affect the immune system.

IV. What history does MassDEP have with MWC State Plans?

    On January 11, 1999, MassDEP submitted a section 111(d)/129 State 
Plan for implementing and enforcing EGs for existing Large Municipal 
Waste Combustors (MWCs) pursuant to 40 CFR part 60, subpart Cb. On 
November 16, 2001, MassDEP submitted minor revisions for inclusion in 
its MWC State Plan. EPA approved that State Plan on October 9, 2002 (67 
FR 62896).

V. Why did MassDEP revise the MWC State Plan?

    Section 129(a)(5) of the CAA requires EPA to conduct a 5-year 
review of NSPS and EGs for solid waste incinerators and to amend 
standards and requirements as appropriate. Accordingly, EPA promulgated 
amended standards and requirements for Large MWCs on May 10, 2006 (71 
FR 27324). This rulemaking included revised limits for dioxin/furan 
(only for units equipped with electrostatic precipitators), mercury, 
cadmium, lead, particulate matter, and nitrogen oxides (for some types 
of units). It also contained revisions to the compliance testing 
provisions to require increased data availability from continuous 
emissions monitoring systems (CEMS). CEMS are required to generate at 
least ninety-five percent (95%) data availability on a calendar

[[Page 27352]]

year basis and at least ninety percent (90%) data availability on a 
calendar quarter basis. The compliance testing provisions have also 
been revised to allow the optional use of CEMS to monitor particulate 
matter and mercury. Other revisions include:
     Operator stand-in provisions to clarify how long a shift 
supervisor is allowed to be off site when a provisionally certified 
control room operator is standing in;
     An eight-hour block average for measuring activated carbon 
injection rate;
     A provision for waiver of operating parameter limits 
during the mercury performance test and for two weeks preceding the 
test, as is already allowed for dioxin testing;
     A revision to relative accuracy criteria for sulfur 
dioxide and carbon monoxide CEMS;
     Flexibility to the annual compliance testing schedule so 
that a facility tests once per calendar year, but no less than nine 
months and no more than 15 months since the previous test;
     Allowing use of parametric monitoring limits from an 
exceptionally well-operated MWC unit to be applied to all identical 
units at the same plant site without retesting for dioxin;
     The option of monitoring the activated carbon injection 
pressure or equivalent parameter; and
     Clarifying the exclusion of monitoring data from 
compliance calculations.
    In response to the amended EGs, MassDEP revised the Code of 
Massachusetts Regulations (CMR), specifically at 310 CMR 7.08(2) 
entitled ``Municipal Waste Combustors,'' effective March 9, 2018, and 
submitted the revised State Plan to EPA on December 18, 2018.\1\ The 
submittal only addresses those portions of the State Plan that have 
been updated since EPA's October 9, 2002 approval.\2\
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    \1\ MassDEP's State Plan package included other amendments that 
were submitted for approval under the state's Clean Air Act section 
110 State Implementation Plan. For instance, on October 15, 2020, 
EPA approved revisions to the Massachusetts State Implementation 
Plan which set reasonable achievable control technology standards 
for NOx emissions at municipal waste combustors. See 85 FR 65236. In 
this action, EPA is only taking action on the revisions relevant to 
the Clean Air Act sections 111(d)/129 State Plan revisions.
    \2\ The site assignment provisions of 310 CMR 7.08(2)(a), the 
definition of ``materials separation plan'' at 310 CMR 7.08(2)(c), 
and the materials separation plan provisions at 310 CMR 7.08(2)(f)8 
were excluded in earlier State Plan approvals and continue to be 
excluded in this revision. MassDEP provided a letter clarifying this 
exclusion on March 19, 2021.
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VI. What revisions have been made to the State Plan?

    MassDEP revised the State Plan to incorporate changes to the state 
inventory of sources and to amend the state regulations that serve as 
the State Plan's enforceable mechanism. MassDEP revised the state MWC 
regulations at 310 CMR 7.08(2) and submitted the revised State Plan to 
EPA on December 18, 2018. Revisions to the MWC regulations address the 
list of sources, emissions standards, operating practices, compliance 
and performance testing, operator training and certification, and 
reporting and recordkeeping requirements.

A. Inventory of Sources

    MassDEP removed the closed Fall River MWC from the list of existing 
Massachusetts MWC facilities subject to the MWC State Plan. The 
facility ceased operation in June 1999.

B. Emission Limits

    The emission limits for particulate matter, cadmium, lead, and 
dioxin/furan with electrostatic precipitator at 310 CMR 7.08(2)(f)2. 
are revised to be consistent with EPA's May 2006 EGs for Large MWCs at 
40 CFR 60.33b. The annual Massachusetts mercury emission limit is 
already more stringent than the federal EGs and therefore is not 
revised. The carbon monoxide emission limit for Mass Burn Refractory 
MWCs is removed from Table 1 at 310 CMR 7.08(2)(f)2. to reflect the 
municipal waste combustor technology that is employed at existing large 
MWCs in Massachusetts. The nitrogen oxides emission limits in 
7.08(2)(f)3. are revised to be more stringent than the federal EGs as 
of March 10, 2020. The nitrogen oxide emission limits for facilities 
electing to implement a nitrogen oxides emissions averaging plan for 
multiple units located at the same municipal waste combustor plant, at 
7.08(2)(f)4. are revised to be more stringent than the federal EGs.

C. Operating Practices

    Operating practices under 310 CMR 7.08(2)(f)1.b. are revised to be 
consistent with 40 CFR 60.58b(m)(2)(i) to clarify requirements for 
combustor load and particulate matter control device operating 
parameters preceding and during quarterly or nine-month mercury 
compliance testing, and to clarify requirements for average carbon feed 
rate limits during mercury and dioxin/furan testing.\3\
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    \3\ Section 60.38b(a) of subpart Cb incorporates the performance 
testing methods listed in 40 CFR part 60, subpart Eb, section 
60.58b, as minimum state plan requirements for existing sources.
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D. Compliance and Performance Testing

    Provisions of 40 CFR 60.58b, ``Compliance and Performance 
Testing,'' are incorporated by reference into 310 CMR 7.08(2)(g). In 
addition, references are revised to reflect the latest EGs amendment 
date of May 10, 2006.
    Procedures for measurement and calculation of the eight-hour block 
average carbon (or equivalent) usage rate in 310 CMR 7.08(2)(g)1.d. and 
(h)4.e. are revised, and 310 CMR 7.08(2)(g)3.d. is added for municipal 
waste combustor units where carbon injection (or its equivalent) is 
used to comply with the dioxin/furan and mercury emission limits, as 
required in 40 CFR 60.58b(m) and (d)(2)(xi). Provisions are 
incorporated from the EGs at 40 CFR 60.58b(g)(10) and (d)(4) for 
elective use of continuous automated sampling or emissions monitoring 
for dioxin/furan and mercury emissions, at 310 CMR 7.08(2)(g)1.e. and 
2. Provisions from the EGs at 40 CFR 60.58b(c)(10), (d)(3) and (f)(8) 
are also incorporated for the elective use of continuous emissions 
monitoring of particulate matter, cadmium, lead and hydrogen chloride 
at 310 CMR 7.08(2)(g)7., 8., and 9. Provisions at 310 CMR 
7.08(2)(g)5.a. are deleted as unnecessary due to the revised more 
stringent EPA emissions data capture requirements in the amended EGs. 
The limited waiver from the mercury emission limit at 310 CMR 
7.08(2)(g)4 is deleted from the State Plan because the time by which an 
MWC could have applied for a limited waiver has passed, and the 
provision is no longer applicable. Requirements in 310 CMR 7.08(2)(j)1. 
and 6. for emission control plan submissions are updated with new 
submission deadlines and requirements, including new or amended 
applicable requirements of the revised State Plan. The schedule for 
compliance in 310 CMR 7.08(2)(k) is updated with new dates based on 
promulgation of the State Plan on March 9, 2018.

E. Training and Certification

    Operator training and certification requirements in 310 CMR 
7.08(2)(f)6.b., (h)11., (i)1., and (i)1.h. are revised to incorporate 
requirements in EPA's May 2006 EG revisions at 40 CFR 60.54b(c)(2).\4\ 
Revisions address the specific requirements associated with occasions 
when control room operators provisionally certified under the

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American Society of Mechanical Engineers WRO-1 Standard for the 
Qualification and Certification of Resource Recovery Facility Operators 
may perform duties ordinarily restricted to QRO certified operators and 
shift supervisors.
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    \4\ Section 60.39b(c)(4) of subpart Cb incorporates the operator 
training and certification requirements of 40 CFR part 60, subpart 
Eb, section 60.54b as minimum state plan requirements for existing 
sources.
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F. Reporting and Recordkeeping

    Recordkeeping and reporting requirements at 310 CMR 7.08(2)(h) and 
(i) are amended to incorporate the requirements of EPA's May 2006 EGs 
at 40 CFR 60.59b(d), (g) and (h) by reference.\5\ Revised requirements 
cover average emissions concentrations, highest levels records, 
exceedances, instances of insufficient data, excluded data, test 
results, accuracy determinations, sampling systems quality evaluations, 
details of when a certified operator is temporarily off site, and 
optional use of continuous monitoring and continuous automated 
sampling.
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    \5\ Section 60.39b(a) of subpart Cb incorporates the reporting 
and recordkeeping provisions listed in 40 CFR part 60, subpart Eb, 
section 60.59b, as minimum state plan requirements for existing 
sources (except for the siting requirements under sections 
60.59b(a), (b)(5), and (d)(11)).
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VII. Why is EPA proposing to approve MassDEP's revised State Plan?

    EPA has evaluated the MWC State Plan submitted by MassDEP for 
consistency with the Act, the May 2006 EGs, and EPA guidelines and 
policy. EPA has determined that MassDEP's State Plan that was submitted 
on December 18, 2018 meets all requirements and, therefore, EPA is 
proposing to approve MassDEP's Plan to implement and enforce the EGs, 
as they apply to existing Large MWCs.
    EPA's proposal to approve MassDEP's State Plan is based on our 
findings that:
    (1) MassDEP provided adequate public notice of public hearings for 
the proposed rule-making, which allows Massachusetts to carry out and 
enforce provisions that are at least as protective as the EGs for Large 
MWCs, and
    (2) MassDEP demonstrated its 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.

VIII. Proposed Action

    EPA is proposing to approve the MassDEP's revised State Plan for 
existing Large MWCs. EPA is soliciting public comments on the issues 
discussed in this notice or on other relevant matters. These comments 
will be considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to this proposed rule by following the instructions listed in 
the ADDRESSES section of this Federal Register.

IX. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the provisions of 310 CMR 7.08(2), entitled ``Municipal Waste 
Combustors,'' effective March 9, 2018, excluding the site assignment 
provisions of 310 CMR 7.08(2)(a), the definition of ``materials 
separation plan'' at 310 CMR 7.08(2)(c), and the materials separation 
plan provisions at 310 CMR 7.08(2)(f)8. The EPA has made, and will 
continue to make, these documents generally available through https://www.regulations.gov and at the EPA Region 1 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

X. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
State Plan submittal that complies with the provisions of the Act and 
applicable Federal regulations. 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 they meet the criteria of 
the Clean Air Act. Accordingly, this proposed 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:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders12866 (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);
     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 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 the State Plan 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.

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: May 13, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-10518 Filed 5-19-21; 8:45 am]
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