[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Rules and Regulations]
[Pages 15611-15613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05020]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2022-0515; FRL-10220-02-R1]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Maine; 111(d)/129 Revised State Plan for 
Large Municipal Waste Combustors and State Plan for Small Municipal 
Waste Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 15612]]

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Clean Air Act (CAA) State Plan for Municipal Waste Combustor (MWC) 
units submitted by the Maine Department of Environmental Protection 
(Maine DEP). This submission includes revisions to Maine's previously 
approved State Plan for existing Large MWCs in response to amended 
emission guidelines (EGs) for Large MWCs. This submission also includes 
a State Plan for existing Small MWCs. Maine DEP's State Plans for Large 
and Small MWCs implement and enforce provisions at least as protective 
as the EGs applicable to these subcategories of solid waste 
incinerators. This action is being taken in accordance with the CAA.

DATES: This rule is effective on April 13, 2023. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of April 13, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2022-0515. 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, i.e., 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 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. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 26, 2022 (87 FR 58294), EPA published a Notice of 
Proposed Rulemaking (NPRM) for the State of Maine.
    The NPRM proposed approval of the Clean Air Act State Plan 
revisions for existing Large MWCs and new State Plan for existing Small 
MWCs submitted by the Maine DEP on December 24, 2019. Maine DEP revised 
the provisions of 06-096 Code of Maine Regulations (CMR) Chapter 121, 
entitled ``Emission Limitations and Emission Testing of Resource 
Recovery Facilities,'' and submitted the State Plan in response to 
amended EGs for Large MWCs and federal standards for existing Small 
MWCs.\1\ Maine DEP's State Plan is for implementing and enforcing 
provisions at least as protective as the EGs applicable to existing 
Large and Small MWCs.
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    \1\ 71 FR 27324 Standards of Performance for New Stationary 
Sources and Emission Guidelines for Existing Sources: Large 
Municipal Waste Combustors and 68 FR 5158 Federal Plan Requirements 
for Small Municipal Waste Combustion Units Constructed On or Before 
August 30, 1999.
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    Other specific requirements under sections 111(d) and 129 of the 
Clean Air Act, and the rationale for EPA's proposed action, are 
explained in the NPRM and will not be restated here. Only one comment 
was received on the NPRM which was in support of the proposed action. 
This comment is available within the docket for this action.

II. Final Action

    EPA is approving Maine DEP's revised State Plan for existing Large 
MWCs and State Plan for existing Small MWCs.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 06-
096 CMR, Chapter 121, entitled ``Emission Limitations and Emission 
Testing of Resource Recovery Facilities,'' effective on September 14, 
2019, excluding the provisions for new Large MWCs covered in 06-096 CMR 
Chapter 121, Section 6., entitled ``Large Municipal Waste Combustor 
Units Subject to 40 CFR part 60, subpart Eb.'' This regulation being 
incorporated by reference revises Maine's previously approved State 
Plan for existing Large MWCs in response to amended EGs for Large MWCs, 
and includes a State Plan for existing Small MWCs. The EPA has made, 
and will continue to make, these documents generally available at the 
EPA Region 1 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). They are also available at: https://www.regulations.gov. 
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.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. See 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 that they meet the criteria 
of the Clean Air Act. 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

[[Page 15613]]

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 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).
    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. 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 15, 2023. 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, Air pollution control, Administrative 
practice and procedure, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements, Sulfur oxides, 
Waste treatment and disposal.

    Dated: March 6, 2023.
David Cash,
Regional Administrator, EPA Region 1.
    Part 62 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLAN 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 U--Maine

0
2. Amend Section 62.4845 by revising paragraph (b)(4) and adding 
paragraphs (b)(7) and (8) and (d) to read as follows:


Sec.  62.4845  

* * * * *
    (b)
* * * * *
    (4) Control of metals, acid gases, organic compounds and nitrogen 
oxide emissions from existing large municipal waste combustors with the 
capacity to combust greater than 250 tons per day of municipal solid 
waste, submitted on April 15, 1998.
* * * * *
    (7) A revision to the plan controlling metals, acid gases, organic 
compounds and nitrogen oxide emissions from large municipal waste 
combustors with the capacity to combust greater than 250 tons per day 
of municipal solid waste, submitted on December 24, 2019 (incorporated 
by reference, see paragraph (d)(1) of this section).
    (8) Control of metals, acid gases, organic compounds and nitrogen 
oxide emissions from existing small municipal waste combustors with the 
capacity to combust less than or equal to 250 tons per day of municipal 
solid waste, submitted on December 24, 2019 (incorporated by reference, 
see paragraph (d)(1) of this section).
* * * * *
    (d) Incorporation by reference. The material listed in this 
paragraph (d) is incorporated by reference in this section with the 
approval of the Director of the Federal Register under 5 U.S.C. 552(a) 
and 1 CFR part 51. All approved material is available for inspection at 
the EPA and at the National Archives and Records Administration (NARA). 
Contact EPA at: EPA Region 1 Regional Office, Air and Radiation 
Division, 5 Post Office Square-Suite 100, Boston, MA, 617-918-1111. For 
information on the availability of this material at NARA, visit: 
www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from: State of 
Maine, Maine Department of Environmental Protection. 17 State House 
Station, 28 Tyson Drive, Augusta, Maine 04333, 207-287-7688, 
www.maine.gov/dep/:
    (1) 06-096 Code of Maine Regulations: Department of Environmental 
Protection, Chapter 121, ``Emission Limitations and Emission Testing of 
Resource Recovery Facilities,'' excluding Section 6 ``Large Municipal 
Waste Combustor Units Subject to 40 CFR part 60, subpart Eb,'' amended 
September 14, 2019.
    (2) [Reserved]

0
3. Section 62.4975 is revised to read as follows:


Sec.  62.4975  Identification of sources.

    (a) Penobscot Energy Recovery Company, Orrington, Maine
    (b) [Reserved]
    (c) ecomaine, Portland, Maine

0
4. Add an undesignated center heading and Sec.  62.5000 to subpart U to 
read as follows:

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Less 
Than or Equal to 250 Tons per Day of Municipal Solid Waste


Sec.  62.5000  Identification of sources.

    (a) Mid-Maine Waste Action Corporation, Auburn, Maine
    (b) [Reserved]

[FR Doc. 2023-05020 Filed 3-13-23; 8:45 am]
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