
[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52201-52205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20803]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2012-0260; A-1-FRL-9915-71-Region 1]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: New Hampshire; Revised State Plan for Large 
and Small Municipal Waste Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Clean Air Act section 111(d)/129 State Plan revisions for Large and 
Small Municipal Waste Combustors (MWCs) submitted by the New Hampshire 
Department of Environmental Services (DES) on January 29, 2009 with 
amendments submitted on February 13, 2009. The revised State Plan is in 
response to amended emission guidelines (EGs) and new source 
performance standards (NSPS) for Large MWCs promulgated by EPA on May 
10, 2006 and the strengthening of emission limits on Small MWCs as 
enacted by the New Hampshire General Court in 2005. New Hampshire DES's 
State Plan is for implementing and enforcing provisions at least as 
protective as the EPA EGs applicable to existing Large and Small MWC 
units.

DATES: This direct final rule will be effective November 3, 2014, 
unless EPA receives adverse comments by October 3, 2014. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0260 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: mcdonnell.ida@epa.gov
    3. Fax: (617) 918-0653.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0260,'' 
Ida E. McDonnell U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, 
and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code 
OEP05-2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Ida E. 
McDonnell, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post 
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. 
Such deliveries are only accepted during the Regional Office's normal 
hours of operation. The Regional Office's official hours of business 
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0260. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of

[[Page 52202]]

encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, 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.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
New Hampshire Department of Environmental Services, Air Resources 
Division, 6 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxics, & 
Indoor Programs Unit, Air Programs Branch, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, Region 1, 5 Post 
Office Square, Mail Code: OEP05-2, Boston, MA, 02109-0287. The 
telephone number is (617) 918-1287. Mr. Bird can also be reached via 
electronic mail at bird.patrick@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA.
    The following outline is provided to aid in locating information in 
this preamble.

I. What Is a State Plan?
II. Why Does EPA Need To Approve State Plans?
III. Why Does EPA Regulate Air Emissions From MWCs?
IV. What History Does New Hampshire DES Have With MWC State Plans?
V. Why Did New Hampshire DES Submit a Revised MWC State Plan?
VI. What Revisions Have Been Made to the State Plan?
VII. Why Is EPA Approving New Hampshire DES's Revised State Plan?
VIII. Final Action
IX. Statutory and Executive Order Reviews

I. What is a State plan?

    Clean Air Act (CAA) section 111, which Congress enacted as part of 
the 1970 CAA Amendments, establishes mechanisms for controlling 
emissions of air pollutants from stationary sources. This provision 
requires EPA to promulgate a list of categories of stationary sources 
that the Administrator, in his or her judgment, finds ``causes, or 
contributes significantly to, air pollution which may reasonably be 
anticipated to endanger public health or welfare.'' Once EPA lists a 
source category, EPA must, under CAA section 111(b)(1)(B), establish 
``standards of performance'' for emissions of air pollutants from new 
sources in the source category. These standards are known as new source 
performance standards (NSPS), and they are national requirements that 
apply directly to the sources subject to them.
    When the EPA establishes NSPS for new sources in a particular 
source category, the EPA is also required, under CAA section 111(d)(1), 
to prescribe regulations for states to submit plans regulating existing 
sources in that source category for any air pollutant that, in general, 
is not regulated under the CAA section 109 requirements for the 
national ambient air quality standards (NAAQS) or regulated under the 
CAA section 112 requirements for hazardous air pollutants (HAP). In 
contrast with CAA section 111(b), which provides for direct federal 
regulation of new sources, section 111(d)'s mechanism for regulating 
existing sources provides that states will submit plans that establish 
``standards of performance'' for the affected existing sources and that 
contain other measures to implement and enforce those standards.

II. Why does EPA need to approve State plans?

    Under section 129 of the CAA, EGs are not federally enforceable. 
Section 129(b)(2) of the CAA requires states to submit state plans to 
EPA for approval. Each state must show that its state plan will carry 
out and enforce the EGs. State plans must be at least as protective as 
the EGs and will become federally enforceable upon EPA's approval. The 
procedures for adopting and submitting state plans are in 40 CFR Part 
60, Subpart B.

III. Why does EPA regulate air emissions from MWCs?

    When burned, municipal solid wastes emit various air pollutants, 
including hydrochloric acid, dioxin/furan, toxic metals (lead, cadmium, 
and mercury) and particulate matter. Mercury is highly hazardous and is 
of particular concern because it persists in the environment and 
bioaccumulates through the food web. Serious human health effects, 
primarily to the nervous system, have been associated with exposures to 
mercury. Harmful effects in wildlife have also been reported; these 
include nervous system damage and behavioral and reproductive deficits. 
Human and wildlife exposure to mercury occur mainly through eating of 
fish. When inhaled, mercury vapor attacks the lung tissue and is a 
cumulative poison. Short-term exposure to mercury in certain forms can 
cause hallucinations and impair consciousness. Long-term exposure to 
mercury in certain forms can affect the central nervous system and 
cause kidney damage.\1\
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    \1\ U.S. Environmental Protection Agency. Mercury Report to 
Congress, Volume V: Health Effects of Mercury and Mercury Compounds 
(EPA-452/R-97-007) and Volume VI: An Ecological Assessment for 
Anthropogenic Mercury Emissions in the United States (EPA-452/R-97-
008). U.S. EPA Office of Air Quality, Planning, and Standards and 
Office of Research and Development. Washington, DC, 1997.
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    Exposure to particulate matter can aggravate existing respiratory 
and cardiovascular disease and increase risk of premature death.\2\ 
Hydrochloric acid is a clear colorless gas. Chronic exposure to 
hydrochloric acid has been reported to cause gastritis, chronic 
bronchitis, dermatitis, and photosensitization. Acute exposure to high 
levels of chlorine in humans may result in chest pain, vomiting, toxic 
pneumonitis, pulmonary edema, and death. At lower levels, chlorine is a 
potent irritant to the eyes, the upper respiratory tract, and lungs.\3\
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    \2\ U.S. Environmental Protection Agency. Integrated Science 
Assessment for Particulate Matter (EPA/600/R-08/139F). U.S. EPA 
Office of Air and Radiation. Washington, DC, 2009.
    \3\ U.S. Environmental Protection Agency. Integrated Risk 
Information System (IRIS) on Hydrogen Chloride. U.S EPA National 
Center for Environmental Assessment and Office of Research and 
Development. Washington, DC, 1999.
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    Exposure to dioxin and furan can cause skin disorders, cancer, and 
reproductive effects such as endometriosis.\4\
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    \4\ U.S. Environmental Protection Agency. Health Assessment 
Document for 2,3,7,8-Tetrachlorodibenzo-P-Dioxin (TCDD) and Related 
Compounds (EPA/600/BP-92/001a). U.S. EPA Office of Research and 
Development. Washington, DC, 1994.
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IV. What history does New Hampshire DES have with MWC State plans?

    On August 16, 2002, New Hampshire Department of Environmental 
Services (DES) submitted a CAA section 111(d)/129 State Plan for 
implementing and enforcing EGs for existing large and

[[Page 52203]]

small municipal waste combustors (MWCs) pursuant to 40 CFR Part 60, 
Subpart Cb and BBBB, respectively. New Hampshire DES combined the 
requirements of 40 CFR Part 60, Subpart Cb and BBBB into a single plan 
and enforceable mechanism, New Hampshire Code of Administrative Rules 
Env-A 3300 Municipal Waste Combustion (Env-A 3300), which included the 
differing emissions limits for large and small MWCs.
    New Hampshire DES's State Plan was analyzed by EPA. The Plan 
included all necessary elements of an approvable CAA section 111(d)/129 
state plan, including: identification of legal authority; 
identification of enforceable state mechanisms for implementing plan; 
inventory of affected sources; inventory of emissions from affected 
sources; emissions limitations for affected sources; compliance 
schedule; and testing, monitoring, recordkeeping, and reporting 
requirements. EPA approved the New Hampshire DES State Plan on February 
10, 2003 (68 FR 6630).

V. Why did New Hampshire DES submit a revised MWC State plan?

    Section 129(a)(5) of the CAA requires EPA to conduct a 5-year 
review of NSPS and EGs for solid waste incinerators and amend standards 
and requirements as appropriate. Accordingly, EPA promulgated amended 
standards and requirements for Large MWCs on May 10, 2006 (71 FR 
27324). This rulemaking included revised limits for dioxin/furan (only 
for units equipped with electrostatic precipitators), mercury, cadmium, 
lead, particulate matter, and nitrogen oxides (for some types of 
units). It also contained revisions to the compliance testing 
provisions to require increased data availability from continuous 
emissions monitoring systems (CEMS). CEMS are required to generate at 
least ninety-five percent (95%) data availability on a calendar year 
basis and at least ninety percent (90%) data availability on a calendar 
quarter basis. The compliance testing provisions have also been revised 
to allow the optional use of CEMS to monitor particulate matter and 
mercury. Other revisions include:
     Operator stand-in provisions to clarify how long a shift 
supervisor is allowed to be off site when a provisionally certified 
control room operator is standing in;
     An eight-hour block average for measuring activated carbon 
injection rate;
     A provision for waiver of operating parameter limits 
during the mercury performance test and for two weeks preceding the 
test, as is already allowed for dioxin testing;
     A revision to relative accuracy criteria for sulfur 
dioxide and carbon monoxide CEMS;
     Flexibility to the annual compliance testing schedule so 
that a facility tests once per calendar year, but no less than nine 
months and no more than 15 months since the previous test;
     Allowing use of parametric monitoring limits from an 
exceptionally well-operated MWC unit to be applied to all identical 
units at the same plant site without retesting for dioxin;
     The option of monitoring the activated carbon injection 
pressure or equivalent parameter; and
     Clarifying the exclusion of monitoring data from 
compliance calculations.
    In addition to EPA's amended standards and requirements for Large 
MWCs, the New Hampshire General Court enacted more stringent emission 
limits for Small MWCs, codified at New Hampshire Revised Statutes 
Annotated 125-C:10-a, in 2005. The limits took effect January 1, 2006.
    In response to the actions described above, New Hampshire DES 
submitted a revised State Plan to EPA on January 29, 2009. The formal 
submittal was accompanied by minor technical amendments submitted to 
EPA on February 13, 2009. EPA is taking action on the January 29, 2009 
State Plan revision and the February 13, 2009 amendments in today's 
Federal Register.

VI. What revisions have been made to the State plan?

    New Hampshire DES amended the emission limits for Large MWCs in 
Env-A 3300 to be consistent with EPA's amended EGs. Amendments to 
operating practices, training and certification, testing and 
monitoring, and reporting and recordkeeping were incorporated into Env-
A 3300 by reference, as Env-A 3300 references specific citations in 
EPA's Large MWC EGs.
    Sections of Env-A 3300 were revised to reflect name/numbering 
changes made to other New Hampshire DES rules cross-referenced in Env-A 
3300. Instances where reference was made to Env-Wm 2705.07 and Env-Wm 
3300 were changed to Env-Sw 1005.07 and Env-Sw 1600, respectively. 
These changes account for the name/numbering changes in the cross-
referenced sections.
    Env-A 3306.01 was revised to make reference to Env-A 808, 
Continuous Emission Monitoring, which has the effect of increasing the 
minutes of data for a valid hourly average beyond what is required in 
EPA's Large MWC EGs. This revision strengthens the requirements of the 
Plan's enforceable mechanism.
    New Hampshire DES also submitted revised emission limits for Small 
MWCs, which are more stringent than the federal limits pursuant to 40 
CFR part 60, Subpart BBBB. The New Hampshire General Court enacted the 
more stringent emission limits, codified at New Hampshire Revised 
Statutes Annotated 125-C:10-a, in 2005. The emission limits took effect 
January 1, 2006. New Hampshire DES submitted the more stringent 
emission limits as part of its revised State Plan.
    New Hampshire DES's January 29, 2009 submittal did not change the 
NOx emission standard for mass burn rotary waterwall MWCs in Env-A 3300 
as there is no such facility within the jurisdiction of New Hampshire 
DES that operates with this specified technology. As such, on February 
13, 2009, New Hampshire DES submitted an amendment to the State Plan 
for MWCs, which redacted the NOx standards for mass burn rotary 
waterwall units in Env-A 3300.
    New Hampshire DES's final revised State Plan for MWCs includes all 
revisions submitted on January 29, 2009 and the amendment submitted on 
February 13, 2009.

VII. Why is EPA approving New Hampshire DES's revised State plan?

    EPA has evaluated the revised State Plan for MWCs submitted by New 
Hampshire DES for consistency with the CAA and EPA guidelines and 
policies. EPA has determined that New Hampshire DES's State Plan for 
Large and Small MWCs meets or exceeds all requirements and, therefore, 
EPA is approving New Hampshire DES's State Plan to implement and 
enforce the EGs, as they apply to existing Large and Small MWCs within 
the jurisdiction of New Hampshire DES.
    EPA's approval of New Hampshire's State Plan is based on our 
findings that:
    1. New Hampshire DES provided adequate public notice of public 
hearings for the proposed rulemaking that allows New Hampshire to carry 
out and enforce provisions that are at least as protective as the EGs 
for Large and Small MWCs, and;
    2. New Hampshire DES demonstrated legal authority to adopt emission 
standards and compliance schedules applicable to the designated 
facilities; enforce applicable laws, regulations, standards and 
compliance schedules; seek injunctive relief; obtain information 
necessary to determine

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compliance; require record keeping; conduct inspections and tests; 
require the use of monitors; require emission reports of owners and 
operators; and make emission data publicly available.

VIII. Final Action

    EPA is approving New Hampshire's revised State Plan for existing 
Large and Small MWCs. EPA is publishing this action without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comments. However, in the proposed rules 
section of this Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the State 
Plan should relevant adverse comments be filed. This rule will be 
effective November 3, 2014 without further notice unless the Agency 
receives relevant adverse comments by October 3, 2014.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on November 3, 2014 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

IX. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve 111(d)/129 
plan submissions that comply with the provisions of the CAA and 
applicable Federal regulations. 40 CFR 62.02(a). Thus, in reviewing 
111(d)/129 plan submissions, 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 action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the State Plan is not approved to apply in Indian country 
located in the state, and EPA notes that 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. 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 November 3, 2014. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sulfur oxides, Waste treatment and 
disposal.

    Dated: July 11, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 62 of chapter I, title 40 of the Code of Federal Regulations 
is amended 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. 7401-7671q.

Subpart EE--New Hampshire

0
2. Section 62.7325 is amended by adding paragraph (b)(4)(i) and (ii) to 
read as follows:


Sec.  62.7325  Identification of Plan.

* * * * *
    (b) * * *
    (4) * * *
    (i) Revised State Plan for Large and Small Municipal Waste 
Combustors was submitted on January 29, 2009, with a technical 
amendment submitted on February 13, 2009. Revisions included

[[Page 52205]]

amendments to New Hampshire Code of Administrative Rules Env-A 3300 
Municipal Waste Combustion in response to amended emission guidelines 
for Large MWCs (40 CFR Part 60, Subpart Cb) published on May 10, 2006 
and emission limits for Small MWCs enacted by the New Hampshire General 
Court in 2005 and codified at New Hampshire Revised Statutes Annotated 
125-C:10-a.
    (ii) [Reserved]
* * * * *
[FR Doc. 2014-20803 Filed 9-2-14; 8:45 am]
BILLING CODE 6560-50-P


