[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59857-59858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23545]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2021-0265; FRL-8861-01-R1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Clean Air Act State Plan revisions for Large Municipal Waste Combustors 
(MWCs) submitted by the Massachusetts Department of Environmental 
Protection (MassDEP) on December 18, 2018. The revised State Plan is in 
response to amended emission guidelines (EGs) for Large MWCs 
promulgated on May 10, 2006. MassDEP's State Plan is for implementing 
and enforcing provisions at least as protective as the EGs applicable 
to existing Large MWCs. This action is being taken under the Clean Air 
Act.

DATES: This rule is effective on November 29, 2021. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of November 29, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2021-0265. 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., 
confidential business information (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 May 20, 2021 (86 FR 27350), EPA published a notice of proposed 
rulemaking (NPRM) for the Commonwealth of Massachusetts.
    The NPRM proposed approval of the Clean Air Act State Plan 
revisions for Large MWCs submitted by the MassDEP on December 18, 2018. 
MassDEP revised the Code of Massachusetts Regulations (CMR), 
specifically at 310 CMR 7.08(2) entitled ``Municipal Waste 
Combustors,'' and submitted the revised State Plan in response to 
amended EGs for Large MWCs promulgated on May 10, 2006. MassDEP's State 
Plan is for implementing and enforcing provisions at least as 
protective as the EGs applicable to existing Large MWCs.
    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. No public comments 
were received on the NPRM.

II. Final Action

    EPA is approving the MassDEP's revised State Plan for existing 
Large MWCs.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that uses 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the 
provisions of 310 CMR 7.08(2), entitled ``Municipal Waste Combustors,'' 
effective March 9, 2018, excluding the site assignment provisions of 
310 CMR 7.08(2)(a), the definition of ``materials separation plan'' at 
310 CMR 7.08(2)(c), and the materials separation plan provisions at 310 
CMR 7.08(2)(f)8. These provisions establish emission limitations and 
requirements for Large MWCs in Massachusetts. In accordance with 5 
U.S.C. 552(a), EPA has made, and will continue to make, these documents 
generally available through https://www.regulations.gov and at the EPA 
Region 1 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). This incorporation by reference is approved by the Office 
of the Federal Register upon the effective date of this final rule, and 
the plan is federally enforceable under the Clean Air Act (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 
State Plan submittal that complies with the provisions of the Act and 
applicable Federal regulations. 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);

[[Page 59858]]

     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, 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 December 28, 2021. 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, and 
Waste treatment and disposal.

    Dated: October 25, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 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 W--[Amended]

0
2. In subpart W, remove the undesignated center heading ``Plan for the 
Control of Designated Pollutants From Existing Facilities (Section 
111(d) Plan)''.

0
3. Revise Sec.  62.5340 to read as follows:


Sec.  62.5340  Identification of plan.

    (a) Identification of plan. Massachusetts Plan for the Control of 
Designated Pollutants from Existing Plants (Section 111(d) Plan).
    (b) Official submission of plan. Revised State Plan for the control 
of metals, acid gases, organic compounds and nitrogen oxide emissions 
from existing municipal waste combustors--as submitted December 18, 
2018, by the Massachusetts Department of Environmental Protection. The 
plan includes the regulatory provisions cited in paragraph (d) of this 
section, which EPA incorporates by reference.
    (c) Identification of sources. The plan applies to existing sources 
in the following categories of sources:
    (1) Municipal waste combustors.
    (2) [Reserved]
    (d) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain copies at the EPA Region 1 Regional Office, Air and Radiation 
Division, 5 Post Office Square-Suite 100, Boston, MA, 617-918-1078 and 
from the source listed in paragraph (d)(2) of this section. You may 
also inspect the materials at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) Commonwealth of Massachusetts, Massachusetts Department of 
Environmental Protection. 1 Winter Street, Boston, Massachusetts 02108, 
617-292-5500, mass.gov/orgs/massachusetts-department-of-environmental-protection; Code of Massachusetts Regulations (CMR):
    (i) 310 CMR 7.08(2): Title 310--Department of Environmental 
Protection, chapter 7.00--Air Pollution Control, section 7.08--U 
Incinerators, paragraph (2) ``Municipal Waste Combustors,'' in effect 
March 9, 2018 (as corrected and revised through August 21, 1998), 
excluding the following: subparagraph (2)(a) ``Site Assignment''; the 
definition of ``materials separation plan'' in subparagraph (2)(c); and 
subparagraph (2)(f)8. ``Material Separation Plan''.
    (ii) [Reserved]


Sec.  62.5425   [Amended]

0
4. In Sec.  62.5425, remove and reserve paragraph (a)(1).

[FR Doc. 2021-23545 Filed 10-28-21; 8:45 am]
BILLING CODE 6560-50-P


