[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Proposed Rules]
[Pages 86312-86314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27295]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R10-OAR-2023-0224; FRL-10859-01-R10]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Spokane Regional Clean Air Agency; Control 
of Emissions From Existing 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 
partially approve and partially disapprove a Clean Air Act (CAA) State 
Plan submitted by the Spokane Regional Clean Air Agency (SRCAA). This 
State Plan establishes emission limits for existing large municipal 
waste combustors (MWC) and provides for the implementation and 
enforcement of these limits. SRCAA submitted this State Plan to fulfill 
its requirements under the CAA in response to the EPA's promulgation of 
Emissions Guidelines and Compliance Times for Large MWC Constructed on 
or before September 20, 1994 (Emission Guidelines). The EPA is 
partially approving the State Plan because it meets the requirements of 
the Emission Guidelines for existing large MWC known to operate in 
Spokane County, Washington. The EPA is partially disapproving the State 
Plan because it omits requirements for fluidized bed combustors and air 
curtain incinerators, which are required elements of a State Plan.

DATES: Written comments must be received on or before January 12, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2023-0224 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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.

FOR FURTHER INFORMATION CONTACT: Bryan Holtrop (he/him), U.S. EPA, 
Region 10. He can be reached by phone at (206) 553-4473 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 111(d) of the CAA requires the EPA to establish a procedure 
for a state to submit a plan to the EPA that establishes standards of 
performance for any air pollutant: (1) for which air quality criteria 
have not been issued or which is not included on a list published under 
CAA section 108 or emitted from a source category which is regulated 
under CAA section 112 and (2) to which a standard of performance under 
CAA section 111 would apply if such existing source were a new source. 
Section 129(b)(2) of the CAA requires that after the EPA promulgates 
guidelines for a category of solid waste incineration units, each state 
in which units in the category are operating shall submit to the EPA a 
plan to implement and enforce the guidelines with respect to such 
units. Such plans shall be at least as protective as the guidelines 
promulgated by the EPA. The EPA established requirements for State Plan 
submittals in the Code of Federal Regulations (CFR) at 40 CFR part 60, 
subpart B. State submittals under CAA sections 111(d) and 129 must be 
consistent with the relevant emission guidelines, in this instance 40 
CFR part 60, subpart Cb, and the requirements of 40 CFR part 60, 
subpart B.
    On May 10, 2006, the EPA revised the regulations established for 
Emissions Guidelines and Compliance Times for Large MWC That Are 
Constructed on or before September 20, 1994, in 40 CFR part 60, subpart 
Cb (71 FR 27324). This action was taken under sections 111(d) and 129 
of the CAA.
    On July 18, 2022, SRCAA submitted to the EPA a section 111(d)/129 
plan for existing large MWC. The submitted section plan was in response 
to the May 10, 2006, promulgation of Federal emission guidelines 
requirements for large MWC, 40 CFR part 60, subpart Cb (71 FR 27336).

[[Page 86313]]

II. Summary of the Plan and EPA Analysis

    The EPA has reviewed the SRCAA section 111(d)/129 plan submittal in 
the context of the requirements of 40 CFR part 60, subparts B and Cb. 
In this action, the EPA is proposing to determine that SRCAA's section 
111(d)/129 plan meets the cited Federal requirements, except with 
regard to fluidized bed combustors and air curtain incinerators. On 
April 5 2007, SRCAA amended Regulation I, Article VI, Section 6.17 to 
incorporate the EPA's revisions to the Emission Guidelines for large 
MWC and made administrative formatting updates, adopted on July 9, 
2020. The primary mechanism used by SRCAA to implement the Emission 
Guidelines for existing large MWC under state jurisdiction is through 
incorporation by reference of 40 CFR part 60, subpart Cb requirements 
into Regulation 1, Article VI, Section 6.17. The changes SRCAA made to 
the language in the Emission Guidelines were made to convert the 
language in the Emission Guidelines to enforceable requirements. 
Because SRCAA reported that there are only two units at a single 
facility subject to the proposed State Plan--both of which utilize the 
mass burn waterwall combustor technology--SRCAA did not include 
requirements in the Emission Guidelines that apply to fluidized bed 
combustors (40 CFR 60.33b(d)(3)) or air curtain incinerators (40 CFR 
60.37b). In each case, the Emission Guidelines clearly state that ``for 
approval, a State Plan shall include . . .'' the specified 
requirements. The EPA has no discretion to fully approve a State Plan 
that omits a required element. For this reason, the EPA is proposing to 
partially disapprove SRCAA's State Plan insofar as it does not address 
regulatory requirements applicable to fluidized bed combustors and air 
curtain incinerators.
    These regulations will be applicable to existing large MWC in 
Spokane County, Washington upon the EPA's approval of the plan by final 
rulemaking, except that fluidized bed combustors and air curtain 
incinerators that are designated facilities under the Emission 
Guidelines per 40 CFR 60.32b shall be subject to the Federal Plan 
Requirements for Large Municipal Waste Combustors Constructed on or 
before September 20, 1994 (40 CFR part 62, subpart FFF). A more 
detailed explanation of the rationale behind this proposed approval is 
available in the Technical Support Document (TSD) that may be found in 
the docket for this action.

III. Proposed Action

    The EPA is proposing to partially approve and partially disapprove 
the SRCAA section 111(d)/129 plan for large MWC submitted pursuant to 
40 CFR part 60, subpart Cb. Therefore, the EPA is proposing to amend 40 
CFR part 62, subpart WW to reflect this action.
    This partial approval and partial disapproval is based on the 
rationale previously discussed in this document and in further detail 
in the TSD that may be found in the docket for this action. The scope 
of the proposed partial approval of the section 111(d)/129 plan is 
limited to the provisions of 40 CFR part 60, subpart Cb that apply to 
existing large MWC in Spokane County that are not fluidized bed 
combustors or air curtain incinerators. The EPA Administrator continues 
to retain the authorities identified in 40 CFR 60.30b(b) as authorities 
retained by the Administrator.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
that incorporates by reference the State Plan. In accordance with 
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference SRCAA Regulation I, Article VI, Section 6.17, which became 
effective within the SRCAA's jurisdiction on July 7, 2022. The 
regulatory provisions of this section of the SRCAA rule incorporate all 
the CAA 111(d)/129 State Plan elements required by the EG for existing 
large MWC promulgated at 40 CFR part 60, subpart Cb. The emissions 
standards and compliance times established within the SRCAA State Plan 
are at least as stringent as those required by the EG for existing 
large MWC subject to subpart Cb. The EPA has made, and will continue to 
make, these materials generally available through the docket for this 
action, EPA-R10-OAR-2023-0224, at https://www.regulations.gov and at 
EPA Region 10 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    In reviewing State Plan submissions, the EPA's role is to approve 
state choices, provided that they meet the criteria of the CAA. 
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 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 14094 (88 FR 21879, April 11, 
2023);
     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); and
     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.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 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.''
    The air agency did not evaluate environmental justice 
considerations as part of its submittal; the Clean Air Act and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. The EPA did not

[[Page 86314]]

perform an EJ analysis and did not consider EJ in this action. Due to 
the nature of this action, it is expected to have a neutral to positive 
impact on the air quality of the affected area. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of Executive Order 12898 of 
achieving environmental justice for people of color, low-income 
populations, and Indigenous peoples.
    In addition, this proposed rulemaking would not apply on any Indian 
reservation land or in any other area in Washington where the EPA or an 
Indian Tribe has demonstrated that a Tribe has jurisdiction. In those 
areas of Indian country, the proposed rule would not have Tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Waste treatment and disposal.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 7, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-27295 Filed 12-12-23; 8:45 am]
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