[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Proposed Rules]
[Pages 32387-32390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08930]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2021-0258; FRL-9562-01-R4]
South Carolina; Approval of State Plan for Control of Emissions
From Commercial and Industrial Solid Waste Incineration Units
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 or Act) section 111(d)/129 State plan
submitted by the State of South Carolina, through the South Carolina
Department of Health and Environmental Control (SCDHEC), on December
19, 2014, and supplemented on September 17, 2018, and June 19, 2019,
and November 5, 2019, for implementing and enforcing the Emissions
Guidelines (EG) applicable to existing Commercial and Industrial Solid
Waste Incineration (CISWI) units. The State plan provides for
implementation and enforcement of the EG, as finalized by the EPA on
June 23, 2016, applicable to existing CISWI units for which
construction commenced on or before June 4, 2010, or for which
modification or reconstruction commenced after June 4, 2010, but no
later than August 7, 2013; the State plan also incorporates the CISWI
technical amendments finalized by the EPA on April 16, 2019. The State
plan establishes emission limits, monitoring, operating, recordkeeping,
and reporting requirements for affected CISWI units.
DATES: Comments must be received on or before May 28, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0258 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
[[Page 32388]]
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, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mark Bloeth, Communities and Air
Toxics Section, Air Analysis and Support Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303. Mr. Bloeth can be reached via
telephone at (404) 562-9013 and via email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Section 129 of the Clean Air Act (CAA or the Act) directs the
Administrator to establish performance standards and emission
guidelines pursuant to section 111(d) of the Act limiting emissions of
nine air pollutants (particulate matter, sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury,
and dioxins/furans) from four categories of solid waste incineration
units: municipal solid waste; hospital, medical, and infectious solid
waste; commercial and industrial solid waste; and other solid waste.
Section 129(b)(2) of the CAA requires States to submit to the EPA
for approval State plans and revisions that implement and enforce the
EG--in this case, 40 CFR part 60, subpart DDDD. State plans and
revisions must be at least as protective as the EG, and they become
federally enforceable upon approval by the EPA. The procedures for
adoption and submittal of State plans and revisions are codified in 40
CFR part 60, subpart B.
On December 1, 2000, the EPA promulgated new source performance
standards (NSPS) and EG to reduce air pollution from CISWI units, which
are codified at 40 CFR part 60, subparts CCCC and DDDD, respectively.
See 65 FR 75338. The EPA revised the NSPS and EG for CISWI units on
March 21, 2011. See 76 FR 15704. Following promulgation of the 2011
CISWI rule, the EPA received petitions for reconsideration requesting
that the EPA reconsider numerous provisions in the rule. The EPA
granted reconsideration on certain issues and promulgated a CISWI
reconsideration rule on February 7, 2013. See 78 FR 9112 (February 7,
2013). Subsequently, EPA received petitions to further reconsider
certain provisions of the 2013 NSPS and EG for CISWI units. On January
21, 2015, the EPA granted reconsideration on four specific issues, and
it finalized reconsideration of the CISWI NSPS and EG on June 23, 2016.
See 81 FR 40956. On April 16, 2019, the EPA finalized amendments to the
NSPS and EG for CISWI units, which discussed clarifications and/or
corrections regarding: (1) an alternative equivalent emission limit for
mercury (Hg) for waste-burning kilns, (2) timing of initial test and
initial performance evaluation, (3) extension of electronic data
reporting requirement, (4) non-delegated authorities, (5) demonstrating
initial and continuous compliance when using a continuous emissions
monitoring system (CEMS), (6) continuous opacity monitoring
requirements, (7) other CEMS requirements, (8) reduced testing
requirements, (9) deviation reporting requirements for continuous
monitoring data, and (10) clarification of air curtain incinerator
requirements (ACI), as well as corrections to typographical errors. See
84 FR 15846.
II. Review of South Carolina's CISWI State Plan Submittal
South Carolina submitted a State plan to implement and enforce the
EG for existing CISWI units in the State \1\ on December 19, 2014, with
a subsequent supplemental revision on September 17, 2018, an addendum
on June 19, 2019, and a final updated State plan on November 5, 2019.
The EPA has reviewed the State plan submittals for existing CISWI units
in the context of the requirements of 40 CFR part 60, subparts B and
DDDD. State plans must include the following nine essential elements:
identification of legal authority; identification of mechanism for
implementation; inventory of affected facilities; emissions inventory;
emission limits; compliance schedules; testing, monitoring,
recordkeeping, and reporting; public hearing records; and annual State
progress reports on plan enforcement. For the reasons explained below,
the EPA is proposing to approve South Carolina's CISWI State plan as
consistent with those requirements.
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\1\ The submitted State plan does not apply in Indian country
located in the State.
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In addition to the foregoing statutory and regulatory provisions,
South Carolina's regulations also include, through incorporation by
reference, 40 CFR part 60, subpart DDDD (as amended most recently at 84
FR 15846 (April 16, 2019), which includes the following Federal
requirements: (1) Increments of Progress, (2) Waste Management Plan,
(3) Operator Training and Qualification, (4) Emission Limitations and
Operating Limits, (5) Performance Testing, (6) Initial Compliance
Requirements, (7) Continuous Compliance Requirements, (8) Monitoring,
(9) Recordkeeping and Reporting, (10) Title V Operating Permits, (11)
Air Curtain Incinerators, (12) Definitions, (13) a modified Table 1 to
include the final compliance date of February 7, 2018, and (14) Tables
2 through 9 of 40 CFR part 60, subpart DDDD.
A. Identification of Legal Authority
Under 40 CFR 60.26 and 60.2515(a)(9), an approvable State plan must
demonstrate that the State has legal authority to adopt and implement
the EG's emission standards and compliance schedule. In its submittals,
South Carolina cites the following State law provisions for its
authority to implement and enforce the State plan via its air quality
program: South Carolina Code Section 48-1, Chapter 1 of the Pollution
Control Act, South Carolina Department of Health and Environmental
Control, Chapter 61, Statutory Authority: 1976 Code Section 48-1-10
through Section 48-1-350.; SCDHEC Regulation 61-62.60, Subpart DDDD,
State effective on August 23, 2019. The EPA has reviewed the cited
authorities and proposes to find that the State has adequately
demonstrated legal authority to implement and enforce the CISWI State
plan in South Carolina.
B. Identification of Enforceable State Mechanisms for Implementing the
Plan
Under 40 CFR 60.24(a), a State plan must include emission
standards, defined at 40 CFR 60.21(f) as ``a legally enforceable
regulation setting forth an allowable rate of emissions into the
atmosphere, or prescribing equipment specifications for control of air
pollution emissions.'' See also 40 CFR 60.2515(a)(8). South Carolina
has adopted enforceable emission standards for affected CISWI units by
incorporating by reference 40 CFR part 60, subpart DDDD (as amended
most recently at 84 FR 15846), at SCDHEC's Regulation 61-62.60, Subpart
DDDD--Performance Standards and Compliance
[[Page 32389]]
Times for Existing Commercial and Industrial Solid Waste Incineration
Units, as described in South Carolina State Register Vol. 43, Issue 8
(August 23, 2019). The EPA proposes to find that South Carolina's
Regulation 61-62.60, Subpart DDDD, meets the emission standards
requirement under 40 CFR 60.24(a).
C. Inventory of Affected Units
Under 40 CFR 60.25(a) and 60.2515(a)(1), a State plan must include
a complete source inventory of all CISWI units. South Carolina has
identified affected units at six facilities: Argos (kiln), DAK Americas
(fluidized bed incinerator), Ulmer Brothers, Inc. (air curtain
incinerator), Coastal Debris (air curtain incinerator), Advanced
Machining & Fabrication, Inc. (air curtain incinerator), and Tri-County
Pallet (air curtain incinerator). Omission from this inventory of CISWI
units does not exempt an affected facility from the applicable section
111(d)/129 requirements. The EPA proposes to find that South Carolina
has met the affected unit inventory requirements under 40 CFR 60.25(a)
and 60.2515(a)(1).
D. Inventory of Emissions From Affected CISWI Units
Under 40 CFR 60.25(a) and 60.2515(a)(2), a State plan must include
an emissions inventory of the pollutants regulated by the EG. Emissions
from CISWI units may contain cadmium, carbon monoxide, dioxins/furans,
hydrogen chloride, lead, mercury, nitrogen oxides, particulate matter,
and sulfur dioxide. South Carolina submitted an emissions inventory for
CISWI units as part of its State plan. This emissions inventory
contains CISWI unit emissions rates for each regulated pollutant.
Therefore, the EPA proposes to find that South Carolina has met the
emissions inventory requirements of 40 CFR 60.25(a) and 60.2515(a)(2).
E. Emission Limitations, Operator Training and Qualification, Waste
Management Plan, and Operating Limits for CISWI Units
Under 40 CFR 60.24(c) and 60.2515(a)(4), the State plan must
include emission standards that are no less stringent than the EG. 40
CFR 60.2515(a)(4) also requires operator training and qualification
requirements, a waste management plan, and operating limits. At its
Regulation 61-62.60 Subpart DDDD, South Carolina has incorporated by
reference the EG's emission standards, operator training and
qualification requirements, waste management plan, and operating limits
for CISWI units. Therefore, the EPA proposes to find that South
Carolina's State plan satisfies the requirements of 40 CFR 60.24(c) and
60.2515(a)(4).
F. Compliance Schedules
Under 40 CFR 60.24(a), (c), and (e) and 40 CFR 60.2515(a)(3), each
State plan must include a compliance schedule, which requires affected
CISWI units to expeditiously comply with the State plan requirements.
In the State plan at Regulation 61-62.60 Subpart DDDD, South Carolina
requires that affected sources comply with the EG initial compliance
requirements for CISWI units, which the EPA has codified at 40 CFR
60.2700 through 40 CFR 60.2706. Therefore, EPA proposes to find that
South Carolina's State plan satisfies the requirements of 40 CFR
60.24(a), (c), and (e) and 40 CFR 60.2515(a)(3).
G. Testing, Monitoring, Recordkeeping, and Reporting Requirements
Under 40 CFR 60.24(b)(2), 60.25(b), and 60.2515(a)(5), an
approvable State plan must require that sources conduct testing,
monitoring, recordkeeping, and reporting. South Carolina's State plan
incorporates by reference the model rule provisions of the EG at
Regulation 61-62.60 Subpart DDDD, including performance testing
provisions at 40 CFR 60.2690 through 60.2695, monitoring provisions at
40 CFR 60.2730 through 60.2735, and recordkeeping and reporting
provisions at 40 CFR 60.2740 through 60.2800. Additionally, all reports
required under 40 CFR 60.2795(a), (b)(1), and (b)(2) must be submitted
to SCDHEC as well as to the EPA. Therefore, the EPA proposes to find
that South Carolina's State plan satisfies the requirements of 40 CFR
60.24(b)(2), 60.25(b), and 60.2515(a)(5).
H. A Record of Public Hearing on the State Plan Revision
Requirements at 40 CFR 60.23 sets forth the public participation
requirements for each State plan. The State must conduct a public
hearing; make all relevant plan materials available to the public prior
to the hearing; and provide notice of such hearing to the public, the
Administrator of the EPA, each local air pollution control agency, and,
in the case of an interstate region, each State within the region.
Under 40 CFR 60.2515(a)(6) requires each State plan include
certification that the hearing was held, a list of witnesses and their
organizational affiliations, if any, appearing at the hearing, and a
brief written summary of each presentation or written submission.
In its submittal, South Carolina submitted records, including
transcripts, of three public hearings. A public hearing was held on
November 24, 2014, for the original December 19, 2014, State plan
submittal. South Carolina held a second hearing on May 30, 2018, for
the September 17, 2018, supplemental State plan submission which
addressed the EPA's June 23, 2016, CISWI amendments and
reconsideration. See 81 FR 40956 (June 23, 2016). South Carolina held a
third public hearing on October 29, 2019, for the November 5, 2019,
final supplement to the SCDHEC State plan submittal. South Carolina
provided notice and made all relevant plan materials available prior to
each hearing. Additionally, South Carolina certifies in each of its
State plan submittals that hearings were held, and that the State
received no written or oral comments on the plan. Therefore, the EPA
proposes to find that South Carolina's CISWI plan satisfies the
requirements of 40 CFR 60.23 and 60.2515(a)(6).
I. Annual State Progress Reports to EPA
Under 40 CFR 60.25(e) and (f) and 40 CFR 60.2515(a)(7), the State
must provide in its State plan for annual reports to EPA on progress in
enforcement of the plan. Accordingly, South Carolina provides in its
plan that it will submit reports on progress in plan enforcement to the
EPA on an annual (calendar year) basis, commencing with the first full
reporting period after plan revision approval. The EPA proposes to find
that South Carolina's CISWI plan satisfies the requirements of 40 CFR
60.25(e) and (f) and 40 CFR 60.2515(a)(7).
III. Incorporation by Reference
In this action, 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 South Carolina Regulation 61-62.60, Subpart DDDD, State
effective August 23, 2019, which includes provisions regarding
applicability, emission limits, operating, testing, monitoring,
recordkeeping, reporting, compliance schedules, and all other relevant
requirements contained in EPA's emission guidelines for existing CISWI
units and further described in Section II of this preamble. The EPA has
made, and will continue to make these materials generally available
through http://www.regulations.gov, Docket ID No. EPA-R04-OAR-2021-
0258, and at
[[Page 32390]]
the EPA Region 4 Office (please contact the person identified in the
``For Further Information Contact'' section of this preamble for more
information).
IV. Proposed Action
Pursuant to CAA section 111(d), CAA section 129, and 40 CFR part
60, subparts B and DDDD, the EPA is proposing to approve South
Carolina's State plan for regulation of CISWI units as submitted on
December 19, 2014, with a subsequent supplemental revision submitted on
September 17, 2018, an addendum submitted on June 19, 2019, and a final
updated State plan submitted on November 5, 2019. In addition, the EPA
is proposing to amend 40 CFR part 62, subpart B to reflect this action.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. In reviewing 111(d)/129 plan
submissions, the EPA's role is to approve State choices, provided they
meet the criteria and objectives of the CAA and the EPA's implementing
regulations. Accordingly, this action merely proposes to approve 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 (Public Law 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 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
The EPA believes that the human health and environmental conditions
that exist prior to this action result in, or have the potential to
result in, disproportionate and adverse human health or environmental
effects on people of color, low-income populations, and/or Indigenous
peoples. Certain areas of the State include communities that are
pollution-burdened and underserved according to demographic data. EPA
performed a screening-level analysis using EPA's EJSCREEN to identify
environmental burdens and susceptible populations in communities
surrounding CISWI units in the State. The results of the demographic
analysis are presented in the EJ Screening Report for South Carolina
CISWI Units, a copy of which is available in the docket for this
action, Docket ID No. EPA-R04-EPA-2021-0258.
The EPA believes that this action is not likely to change existing
disproportionate and adverse effects on people of color, low-income
populations, and/or Indigenous peoples because the State plan
implements national standards in the CISWI EG that would result in
reductions in emissions of a wide array of air pollutants released due
to the incineration of solid waste at commercial and industrial
facilities. Some such pollutants exist in the waste feed material and
are released unchanged during combustion, and some are generated as a
result of the combustion process itself. These pollutants include
particulate matter, sulfur dioxide, hydrogen chloride, oxides of
nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins/furans .
These pollutants are associated with certain negative health effects;
for example, SO2 and NOX are precursors for the
formation of PM2.5, which is associated with health effects
such as premature mortality for adults and infants, cardiovascular
morbidity such as heart attacks, and respiratory morbidity such as
asthma attacks, acute bronchitis, and other respiratory symptoms.
Reducing these emissions will decrease the amount of such pollutants to
which all affected populations are exposed. The EPA has determined that
this action increases the level of environmental protection for all
affected populations without having any disproportionately high and
adverse human health or income or environmental effects on any
population, including any minority, low-income, or Indigenous
populations. To the extent that any minority, low-income, or Indigenous
subpopulation is disproportionately impacted by emissions of any of the
pollutants identified above due to the proximity of their homes to
sources of these emissions, that subpopulation also stands to see
increased environmental and health benefits from the emission
reductions called for by this action.
In addition, this proposed approval of South Carolina's State plan
for CISWI units does not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the EPA
is not proposing to approve the submitted plan to apply in Indian
country located in the State, and because the submitted plan will not
impose substantial direct costs on Tribal governments or preempt Tribal
law.
List of Subjects in 40 CFR Part 62
Administrative practice and procedure, Air pollution control,
Aluminum, Environmental protection, Fertilizers, Fluoride,
Incorporation by reference, Industrial facilities, Intergovernmental
relations, Methane, Ozone, Phosphate, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds, Waste
treatment and disposal.
Authority: 42 U.S.C. 7411.
Dated: April 19, 2024.
Jeaneanne M. Gettle,
Acting Regional Administrator Region 4.
[FR Doc. 2024-08930 Filed 4-25-24; 8:45 am]
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