[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Proposed Rules]
[Pages 49501-49503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15903]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2021-0443; FRL-8778-01-R1]


Approval and Promulgation of State Plan for Designated Facilities 
and Pollutants: New Hampshire; 111(d)/129 Revised State Plan for 
Existing Large and Small 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 (CAA) state plan revision for existing large 
and small municipal waste combustors (MWCs) submitted by the New 
Hampshire Department of Environmental Services (NHDES) on October 1, 
2018. The revised state plan incorporates wood residue combustion fuel 
quality standards and test methods at MWC facilities that process and 
combust construction and demolition debris.

DATES: Written comments must be received on or before October 4, 2021.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2021-0443 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: Jessica Kilpatrick, Air Permits, 
Toxics, & Indoor Programs Branch, Air and Radiation Division, U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Mail 
Code: 05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-
918-0652 Email: [email protected].

SUPPLEMENTARY INFORMATION:

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 NHDES have with MWC state plans?
V. Why did NHDES revise the MWC state plan?
VI. What revisions have been made to the state plan?
VII. Why is EPA proposing to approve NHDES'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 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

[[Page 49502]]

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. Large municipal waste combustors 
(LMWCs) are capable of combusting more than 250 tons per day of solid 
waste, while small municipal waste combustors (SMWCs) are capable of 
combusting at least 35 tons per day, but no more than 250 tons per day 
of municipal solid waste or refuse-derived fuel. When burned, municipal 
solid wastes emit various air pollutants, including particulate matter, 
hydrogen chloride, dioxins/furans, heavy metals (lead, cadmium, and 
mercury), sulfur dioxide, and nitrogen oxides. Exposure to particulate 
matter can aggravate existing respiratory and cardiovascular disease as 
well as increase risk of premature death. Chronic exposure to hydrogen 
chloride 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.
    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 physiological 
impacts on wildlife have also been reported; these include nervous 
system damage and behavioral and reproductive deficits. Human and 
wildlife exposure to mercury occur mainly through ingestion 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.

IV. What history does NHDES have with MWC state plans?

    EPA approved NHDES's sections 111(d)/129 state plan for existing 
large and small MWCs on February 10, 2003, effective on April 11, 2003. 
The state plan establishes the operating and performance standards for 
MWCs with the capacity to combust greater than 35 tons per day of 
municipal solid waste, to comply with CAA sections 111(d) and 129 as 
well as State rules promulgated under the New Hampshire Code of 
Administrative Rules Env-A 3300 Municipal Waste Combustion. Since its 
approval, the state plan has been amended twice. On January 29, 2009, 
NHDES submitted a revision to comply with EPA's revised regulations for 
LMWCs via 40 CFR part 60, subpart Cb, Emissions Guidelines and 
Compliances for Large Municipal Waste Combustors that are Constructed 
on or Before September 20, 1994. EPA approved these revisions on 
September 3, 2014. See 79 FR 52204. The second revision was submitted 
by NHDES on July 28, 2016, to align standards for SMWCs with those of 
LMWCs. EPA proposed these revisions on June 6, 2017. See 82 FR 25972.

V. Why did NHDES revise the MWC state plan?

    EPA's February 8, 2016 revision to 40 CFR part 241, subpart B, 
Identification of Non-Hazardous Secondary Materials that are Solid 
Wastes when Used as Fuels or Ingredients in Combustion Units, added 
construction and demolition (C&D) wood processed from C&D debris 
according to best management practices to its categorical list of non-
waste fuels. (See 81 FR 6743). Subsequently on August 11, 2018, NHDES 
removed a ban on wood residue combustion via the state statute RSA 125-
C:10-c(II)(b) Combustion Ban. The change allows combustion of no more 
than 10,000 tons per year of wood residue at any large municipal waste 
combustor from November 15 through April 15 from facilities that 
process construction and demolition debris in a manner no less 
stringent than the requirements at 40 CFR 241.4(a)(5), Non-Waste 
Determinations for Specific Non-Hazardous Secondary Materials When Used 
as a Fuel. The change also requires NHDES to adopt rules regarding fuel 
quality standards and test methods in accordance with RSA 125-C:6, XIV-
a before any such combustion shall occur, therefore this state plan 
revision is a necessity. The change was initiated in 2016, and it was 
introduced by the NHDES Air Resources Division and the Solid Waste 
Division at multiple stakeholder meetings open to the public with 
opportunities for comment. The proposed rule was presented to the NHDES 
Air Resources Council on September 11, 2017, and the final rule was 
posted for notice on May 14, 2018, with a public hearing on June 15, 
2018, a comment period ending on June 29, 2018, and an effective date 
of September 27, 2018.

VI. What revisions have been made to the state plan?

    On October 1, 2018, NHDES submitted the sections 111(d)/129 revised 
state plan for existing large and small municipal waste combustors to 
EPA. The revision incorporates fuel quality standards and test methods 
for wood residue at MWC facilities that process C&D wood debris. The 
revised state plan includes changes to Env-A 3300, defining processed 
wood residue (PWR) as construction and demolition wood that has 
undergone positive or negative sorting in accordance with the best 
management practices as described in 40 CFR 241.4(a)(5). The state plan 
revision also includes new part Env-A 3308 Additional Requirements for 
Combusting PWR with sections outlining applicability, operating 
practices, PWR fuel quality, fuel supplier requirements, independent 
third-party inspections, analysis of compositive samples, reporting and 
recordkeeping for LMWCs combusting PWR, and cessation and resumption of 
receipt of PWR from a supplier.

VII. Why is EPA proposing to approve NHDES's revised state plan?

    EPA has evaluated NHDES's sections 111(d)/129 revised state plan 
for existing large and small MWCs for consistency with the CAA, EPA 
guidelines, and policy. C&D wood is a non-hazardous secondary material 
that is not classified as a solid waste when used as a fuel in a 
combustion unit and is regulated by Env-A 3300, which EPA finds to be 
no less stringent than 40 CFR 241.4(a)(5).
    Furthermore, the quantity of PWR New Hampshire's existing large 
MWCs are allowed to combust ensures that the units do not meet the 
definition of a cofired combustor and thus become exempt from Federal 
regulations for large MWCs. Cofired combustors, defined as MWC units 
combusting municipal solid waste with nonmunicipal solid waste fuel, 
that have a federally enforceable permit limiting municipal solid waste 
combustion to 30 percent of the total fuel input by weight, are exempt 
from large MWC emission guidelines and Federal Plan. See 40 CFR 
60.32b(i), 60.50a(d), 60.50b(j), 60.1020(g), 60.1555(g), 62.14102(j), 
and 62.15020(g). By limiting the combustion of no more than 10,000 tons 
per year of PWR at any MWC from November 15 through April 15, and 
further restricting combustion of

[[Page 49503]]

the material from November 15 through April 15, it is impossible for a 
large MWC (with a daily capacity rating of no less than 250 tons per 
day) to meet the definition of a cofired combustor. Therefore, EPA has 
concluded that the state plan revision meets all requirements, 
including compliance with Federal regulations.
    EPA is proposing to approve NHDES's state plan revision based on 
our analysis above and our findings that NHDES provided adequate public 
notice of public hearings for the proposed rulemaking that allows NHDES 
to carry out and enforce provisions that are at least as protective as 
the Federal emission guidelines for large and small MWCs. Furthermore, 
NHDES demonstrates 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 NHDES's sections 111(d)/129 revised 
State plan for existing large and small 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 
document.

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 State of New Hampshire Amendments to the sections 111(d)/
129 State Plan for Municipal Waste Combustion, dated October 1, 2018. 
NHDES amends New Hampshire's Code of Administrative Rules Env-A 3300, 
Municipal Waste Combustion, effective September 27, 2018, regarding MWC 
units as discussed in Section VI of this preamble. 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 section 129 of the Clean Air Act, the Administrator is 
required to approve a state plan submission that complies with the 
provisions of the Act and applicable Federal regulations. 42 U.S.C. 
7429(b); 40 CFR 60.27. Thus, in reviewing state plan submissions, EPA's 
role is to approve state choices, provided that 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 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);
     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, the revised state plan is not approved to apply on any 
Indian reservation land or in any other area where 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).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Incorporation by reference, Industrial 
facilities, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides, Waste treatment and disposal.

    Dated: July 20, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-15903 Filed 9-2-21; 8:45 am]
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