[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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