[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Rules and Regulations]
[Pages 26680-26684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09195]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2021-0517; FRL-8798-02-R6]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Texas; Control of Emissions From
Existing Other Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving the CAA section
111(d)/129 state plan submitted by the State of Texas for sources
subject to the Other Solid Waste Incineration Units (OSWI) Emission
Guidelines (EG). The Texas OSWI plan was submitted to fulfill State
obligations under CAA section 111(d)/129 to implement and enforce the
requirements under the OSWI EG. The EPA is approving the state plan in
part and amending the agency regulations in accordance with the
requirements of the CAA.
DATES: This rule is effective on June 6, 2022. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register June 6, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R06-OAR-2021-0517. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
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 electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6
Office, Air and Radiation Division--State Planning and Implementation
Branch, 1201 Elm Street, Suite 500, Dallas, TX 75270, (214) 665-7346,
[email protected]. Out of an abundance of caution for members
of the public and our staff, the EPA Region 6 office may be closed to
the public to reduce the risk of transmitting COVID-19. Please call or
email the contact listed above if you need alternative
[[Page 26681]]
access to material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our August
19, 2021, proposal (86 FR 46639) and accompanying Technical Support
Document (TSD). In that action, we proposed to partially approve the
Texas OSWI plan submitted by the Texas Commission on Environmental
Quality (TCEQ) and amend 40 CFR part 62 in accordance with the
requirements under sections 111(d) and 129 of the CAA. We proposed to
find that the Texas OSWI plan, with the exception of 30 TAC section
113.2313(3), is at least as protective as the Federal requirements
provided under the OSWI EG, codified at 40 CFR part 60, subpart FFFF.
We received one comment from the TCEQ in support of EPA's proposed
partial approval of the Texas CAA section 111(d) OSWI state plan. No
adverse comment was received on the August 19, 2021, proposal.
II. Final Action
In this final action, the EPA is amending 40 CFR part 62, subpart
SS, to reflect approval of the Texas OSWI Plan from TCEQ, received on
May 18, 2009, with the exception of 30 TAC section 113.2313(3), in
accordance with sections 111(d) and 129 of the CAA.
III. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \1\ EPA is providing
additional analysis of environmental justice associated with this
action. We are doing so for the purpose of providing information to the
public, not as a basis of our final action.
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\1\ See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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EPA conducted screening analyses using EJSCREEN, an environmental
justice mapping and screening tool that provides EPA with a nationally
consistent dataset and approach for combining various environmental and
demographic indicators.\2\ The EJSCREEN tool presents these indicators
at a Census block group (CBG) level or a larger user-specified
``buffer'' area that covers multiple CBGs.\3\ An individual CBG is a
cluster of contiguous blocks within the same census tract and generally
contains between 600 and 3,000 people. EJSCREEN is not a tool for
performing in-depth risk analysis, but is instead a screening tool that
provides an initial representation of indicators related to
environmental justice and is subject to uncertainty in some underlying
data (e.g., some environmental indicators are based on monitoring data
which are not uniformly available; others are based on self-reported
data).\4\ To help mitigate this uncertainty, we have summarized
EJSCREEN data within larger ``buffer'' areas covering multiple block
groups and representing the average resident within the buffer areas
surrounding the incinerators. We present EJSCREEN environmental
indicators to help screen for locations where residents may experience
a higher overall pollution burden than would be expected for a block
group with the same total population. These indicators of overall
pollution burden include estimates of ambient particulate matter
(PM2.5) and ozone concentration, a score for traffic
proximity and volume, percentage of pre-1960 housing units (lead paint
indicator), and scores for proximity to Superfund sites, risk
management plan (RMP) sites, and hazardous waste facilities.\5\
EJSCREEN also provides information on demographic indicators, including
percent low-income, communities of color, linguistic isolation, and
less than high school education. The EPA prepared EJSCREEN reports
covering buffer areas of approximately 3-mile radii (or 6-mile radii
for low-density populations/heavily industrialized areas) around the
existing OSWI in Texas.\6\ Table 1 presents a summary of results from
the EPA's screening-level analysis for the areas surrounding each OSWI
compared to the U.S. as a whole (the detailed EJSCREEN reports are
provided in the docket for this rulemaking).
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\2\ The EJSCREEN tool is available at https://www.epa.gov/ejscreen.
\3\ See https://www.census.gov/programs-surveys/geography/about/glossary.html.
\4\ In addition, EJSCREEN relies on the five-year block group
estimates from the U.S. Census American Community Survey. The
advantage of using five-year over single-year estimates is increased
statistical reliability of the data (i.e., lower sampling error),
particularly for small geographic areas and population groups. For
more information, see https://www.census.gov/content/dam/Census/library/publications/2020/acs/acs_general_handbook_2020.pdf.
\5\ For additional information on environmental indicators and
proximity scores in EJSCREEN, see ``EJSCREEN Environmental Justice
Mapping and Screening Tool: EJSCREEN Technical Documentation,''
Chapter 3 and Appendix C (September 2019) at https://www.epa.gov/sites/default/files/2021-04/documents/ejscreen_technical_document.pdf.
\6\ The existing OSWI are located in Harris, Bowie, Dallas, El
Paso, Jefferson, and Andrews Counties in Texas.
Table 1--Existing Texas OSWI EJSCREEN Analysis Summary
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Values for Buffer Areas (radius) for each OSWI and the U.S. (percentile within U.S. where indicated)
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Veolia ES
Variables Baylor College of Clean Harbors Deer Red River Army University of U.S. Army Air Technical Waste Control
Medicine (Harris, Park LP (Harris, 6 Depot (Bowie, 3 Texas Southwestern Defense Artillery Solutions LLC Specialists Inc. U.S.
3 miles) miles) miles) (Dallas, 3 miles) (El Paso, 3 miles) Jefferson, 6 (Andrews, 6 miles)
miles)
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Pollution Burden Indicators:
Particulate matter (PM2.5), 10.5 [micro]g/m\3\ 9.99 [micro]g/m\3\ 9.56 [micro]g/m\3\ 9.85 [micro]g/m\3\ 7.7 [micro]g/m\3\ 9.95 [micro]g/m\3\ 7.4 [micro]g/m\3\ 8.74 [micro]g/m\3\
annual average. (89th %ile). (83rd %ile). (76th %ile). (81st %ile). (25th %ile). (83rd %ile). (19th %ile). (--).
Ozone, summer seasonal 34.6 ppb (10th 35.2 ppb (12th 41 ppb (38th %ile) 44.6 ppb (71st 54.1 ppb (90th 34.3 ppb (9th 54.8 ppb (91st 42.6 ppb (--).
average of daily 8-hour max. %ile). %ile). %ile). %ile). %ile). %ile).
[[Page 26682]]
Traffic proximity and volume 2,200 (92nd %ile). 480 (67th %ile)... 210 (49th %ile)... 1,800 (90th %ile). 1,500 (88th %ile). 77 (29th %ile).... 0.079 (0th %ile).. 710 (--).
score *.
Lead paint (percentage pre- 0.25% (59th %ile). 0.19% (52nd %ile). 0.16% (48th %ile). 0.21% (54th %ile). 0.57% (81st %ile). 0.28% (61st %ile). 0.41% (72nd %ile). 0.28% (--).
1960 housing).
Superfund proximity score *. 0.27 (90th %ile).. 0.19 (85th %ile).. 0.18 (83rd %ile).. 0.21 (86th %ile).. 0.015 (12th %ile). 0.065 (51st %ile). 0.015 (11th %ile). 0.13 (--).
RMP proximity score *....... 1.2 (81st %ile)... 6.7 (99th %ile)... 0.5 (59th %ile)... 1.7 (87th %ile)... 1.4 (83rd %ile)... 1.1 (77th %ile)... 0.56 (62nd %ile).. 0.75 (--).
Hazardous waste proximity 5 (88th %ile)..... 5.4 (89th %ile)... 1.1 (58th %ile)... 2.6 (76th %ile)... 0.49 (43rd %ile).. 0.31 (37th %ile).. 0.1 (17th %ile)... 2.2 (--).
score *.
Demographic Indicators:
People of color population.. 52% (67th %ile)... 65% (75th %ile)... 20% (36th %ile)... 47% (63rd %ile)... 85% (86th %ile)... 39% (57th %ile)... 53% (67th %ile)... 40% (--).
Low-income population....... 26% (46th %ile)... 36% (63rd %ile)... 40% (68th %ile)... 29% (51st %ile)... 57% (87th %ile)... 33% (59th %ile)... 30% (53rd %ile)... 31% (--).
Linguistically isolated 4% (67th %ile).... 9% (82nd %ile).... 1% (50th %ile).... 5% (70th %ile).... 25% (95th %ile)... 1% (52nd %ile).... 4% (68th %ile).... 5% (--).
population.
Population with less than 5% (29th %ile).... 23% (84th %ile)... 13% (64th %ile)... 13% (65th %ile)... 29% (90th %ile)... 14% (68th %ile)... 25% (86th %ile)... 12% (--).
high school education.
Population under 5 years of 5% (46th %ile).... 8% (70th %ile).... 5% (43rd %ile).... 4% (35th %ile).... 7% (67th %ile).... 9% (78th %ile).... 5% (43rd %ile).... 6%.
age.
Population over 64 years of 11% (35th %ile)... 11% (31st %ile)... 19% (70th %ile)... 11% (31st %ile)... 15% (53rd %ile)... 17% (63rd %ile)... 13% (45th %ile)... 16% (--).
age.
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* The traffic proximity and volume indicator is a score calculated by daily traffic count divided by distance in meters to the road. The Superfund proximity, RMP proximity, and hazardous waste
proximity indicators are all scores calculated by site or facility counts divided by distance in kilometers.
This final rule approves Texas's OSWI Plan, received on May 18,
2009, with the exception of 30 TAC section 113.2313(3), in accordance
with sections 111(d) and 129 of the CAA. The Texas OSWI Plan
incorporates Federal requirements for OSWI, as specified in the OSWI EG
at 40 CFR part 60, subpart FFFF. These requirements incorporated by
Texas resulted in significant emissions reductions for OSWI, as
described in the Federal Registers for the OSWI rules (69 FR 71472; 70
FR 74870). These requirements result in emission reductions for nine
specified pollutants: particulate matter (PM), sulfur dioxide
(SO2), hydrogen chloride (HCl), nitrogen oxides
(NOX), carbon monoxide (CO), lead (Pb), cadmium (Cd),
mercury (Hg), and dioxins/furans, and they additionally provide for
opacity limits. Some of these pollutants have also been linked to
serious health problems. Short- and/or long-term exposure to air
pollution has been associated with a wide range of human health effects
including increased respiratory symptoms, hospitalization for heart or
lung diseases, and even premature death. Hazardous (or toxic) air
pollutants may cause cancer or other serious health effects, such as
reproductive effects or birth defects.7 8 Therefore, we
believe that these requirements for existing OSWI and resulting
emissions reductions have contributed to reduced environmental and
health impacts on all populations impacted by emissions from these
sources in Texas, including people of color and low-income populations.
This final rule is not anticipated to have disproportionately high or
adverse human health or environmental effects on communities with
environmental justice concerns because it is not anticipated to result
in or contribute to emissions increases in Texas. EPA approval of the
Texas OSWI Plan makes the Plan and the corresponding OSWI EG
requirements incorporated into the Plan federally enforceable by EPA as
of the effective date of this final rulemaking.
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\7\ See https://www.epa.gov/air-quality-management-process/managing-air-quality-human-health-environmental-and-economic#what.
\8\ See https://www.epa.gov/sites/default/files/2016-01/documents/oswi_factsheet11_30_05.pdf.
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IV. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, we are
finalizing regulatory text that includes the incorporation by reference
of 30 TAC sections 113.2300 through 113.2357, excluding section
113.2313(3), adopted April 28, 2009, which is part of the CAA section
111(d)/129 Plan applicable to existing incinerators subject to the OSWI
Emission Guidelines, at 40 CFR part 60, subpart FFFF, within TCEQ's
jurisdiction in the State of Texas. The regulatory provisions of 30 TAC
sections 113.2300-113.2313(2) and sections 113.2314-113.2357
incorporate the OSWI Emissions Guidelines promulgated by the EPA at 40
CFR part 60, subpart FFFF, and establish emission standards and
compliance times for the control of other solid waste incinerators
certain air curtain incinerators, as defined in subpart FFFF that
commenced construction, modification, or reconstruction on or before
December 9, 2004. The EPA has made and will continue to make 30 TAC
sections 113.2300-113.2313(2) and sections 113.2314-113.2357 generally
available electronically through www.regulations.gov, Docket No. EPA-
R06-OAR-2021-0517 and in hard copy at the EPA Region 6 office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). This incorporation by
reference has been approved by the Office of thE Federal Register and
the Plan is federally enforceable under the CAA as of the effective
date of this final rulemaking.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a CAA
section 111(d)/129 submission that complies with the provisions of the
Act and
[[Page 26683]]
applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 7429; 40
CFR part 60, subparts B and FFFF; and 40 CFR part 62, subpart A. Thus,
in reviewing CAA section 111(d)/129 state plan submissions, EPA's role
is to approve state choices, provided that they meet the criteria of
the Act and implementing regulations. 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 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 CAA; and
Does not provide the 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 CAA section 111(d) Plans are not approved to apply
in Indian country, as defined at 18 U.S.C. 1151, located in the state.
As such, this rule does not have tribal implications, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), and 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. The EPA will submit a report containing this rule 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 July 5, 2022. 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 requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements, Waste treatment
and disposal.
Dated: April 25, 2022.
Earthea Nance,
Regional Administrator, Region 6.
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 SS--Texas
0
2. Amend Sec. 62.10850 by adding paragraphs (b)(5) and (c)(5) to read
as follows:
Sec. 62.10850 Identification of Plan.
* * * * *
(b) * * *
(5) Control of air emissions from incinerators subject to the Other
Solid Waste Incineration units Emission Guidelines, as adopted by the
Texas Commission on Environmental Quality (TCEQ) and submitted by the
Governor in a letter dated May 18, 2009.
(c) * * *
(5) Other solid waste incinerators and certain air curtain
incinerators as defined in the Other Solid Waste Incineration units
Emission Guidelines at 40 CFR part 60, subpart FFFF.
0
3. Add an undesignated center heading and Sec. 62.10900 to read as
follows:
Emissions From Existing Other Solid Waste Incineration Units
Sec. 62.10900 Identification of plan.
(a) Identification of sources. The plan submitted by the Texas
Commission on Environmental Quality (TCEQ) on May 18, 2009, applies to
existing incinerators subject to the Other Solid Waste Incineration
units (OSWI) Emission Guidelines, at 40 CFR part 60, subpart FFFF,
within TCEQ's jurisdiction in the State of Texas.
(b) Effective date. The effective date of the plan is June 6, 2022.
(c) 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 Region
6 office, 1201 Elm Street, Suite 500, Dallas, Texas 75270, 214-665-
2200. 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 Texas, Office of the Secretary of State, Texas
Register, P.O. Box 12887, Austin, Texas 78711, (512) 463-5561,
[email protected], https://www.sos.texas.gov/tac/index.shtml.
(i) 30 TAC sections 113.2300-113.2313(2) and sections 113.2314
through 113.2357, excluding section 113.2313(3). Texas Administrative
Code Title 30, Chapter 113: Standards of Performance for Hazardous Air
Pollutants and for Designated Facilities and Pollutants, Subchapter D:
Designated Facilities and Pollutants, Divison 5: Emission Guidelines
and Compliance Times for Other Solid Waste Incineration Units That
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Commenced Construction On or Before December 9, 2004, adopted April 28,
2009.
(ii) [Reserved]
[FR Doc. 2022-09195 Filed 5-4-22; 8:45 am]
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