TO: File
FROM: Mary Cate Opila
THRU: Linda Miller
DATE: January 31, 2017
                        TECHNICAL SUPPORT DOCUMENT FOR:
                                       
                        ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 62

	[EPA-R03-OAR-2016-0081; FRL-        ]

Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; State of Delaware, District of Columbia, and Commonwealth of Pennsylvania, City of Philadelphia; Control of Emissions from Existing Commercial and Industrial Solid Waste Incinerator Units


AGENCY:  Environmental Protection Agency (EPA).

RELATED ACTIONS: Proposed rule and direct final rule.

I.  Background
Sections 111(d) and 129 of the CAA require submittal of plans to control certain pollutants (designated pollutants) at existing solid waste combustor facilities (designated facilities) whenever standards of performance have been established under section 111(b) for new sources of the same source category and the EPA has established emission guidelines for such existing sources.  When designated facilities are located in a state, the state must then develop and submit a plan for the control of the designated pollutant.  Subpart B of 40 CFR part 60 establishes procedures to be followed and requirements to be met in the development and submission of state plans for controlling designated pollutants from designated facilities under sections 111(d) and 129 of the CAA.  Also, Subpart A of 40 CFR part 62 provides the procedural framework for
the submission of these plans.  

If a state fails to submit a satisfactory plan, the CAA provides the EPA the authority to prescribe a plan for regulating the designated pollutants at the designated facilities. The EPA prescribed plan, also known as a federal plan, is often delegated to states with designated facilities but no EPA approved state-specific plan.  If no such designated facilities exist within a state's jurisdiction, a state may submit to the EPA a letter of certification to that effect (referred to as a negative declaration) in lieu of a state plan to satisfy the state's obligation. 40 CFR 60.23(b) and 62.06.  A negative declaration exempts the state from the requirement to submit a CAA section 111(d)/section 129 plan for that designated pollutant and source category.  40 CFR 60.23(b).

II. Commercial and Industrial Solid Waste Incinerators
On December 1, 2000 (60 FR 75338), the EPA promulgated new source performance standards for new commercial and industrial solid waste incineration (CISWI) units, 40 CFR part 60, subpart CCCC, and emission guidelines for existing CISWI units, 40 CFR part 60, subpart DDDD.  After a series of legal challenges, amendments, and reconsiderations, the EPA promulgated the Reconsideration and Final Amendments for CISWI units on February 7, 2013 (78 FR 9112).  A CISWI unit is any distinct operating unit of any commercial or industrial facility that combusts, or has combusted in the preceding six months, any solid waste, as that term is defined in 40 CFR part 241, Solid Wastes Used As Fuels Or Ingredients In Combustion Units. 40 CFR 60.2875.  A state plan must address all existing CISWI units that commenced construction on or before June 4, 2010, or for which modification or reconstruction was commenced on or before August 7, 2013, with limited exceptions as provided in paragraph 40 CFR 60.2555.  40 CFR 60.2550. 

As discussed above, however, if there are no designated facilities in the state, the state may submit a negative declaration in lieu of a state plan. The EPA will provide public notice of receipt of a state's negative declaration with respect to CISWI. 40 CFR 60.2530.  If any subsequently identified existing CISWI unit is found in a state that had submitted a negative declaration, the Federal plan implementing the emission guidelines for subpart DDDD would automatically apply to that CISWI unit until a state plan is approved. 40 CFR 60.2530.

III.  State Submittals and EPA Analysis
The State of Delaware, through the Department of Natural Resources & Environmental Control (DNREC), the District of Columbia District through the Department of Energy & Environment (DDOEE), and the City of Philadelphia through the Department of Public Health, Air Management Services in the Commonwealth of Pennsylvania (Philadelphia AMS) have determined that there are no CISWI units subject to CAA 111(d)/129 requirements in their respective jurisdictional boundaries.  Accordingly, each state and local agency has submitted to EPA a negative declaration letter certifying this fact.  DNREC submitted a negative declaration letter to EPA on January 7, 2014.  DDOEE submitted a negative declaration letter to EPA on November 8, 2013.  Philadelphia AMS submitted a negative declaration letter to EPA on March 4, 2015.  A typographical error in the letter was noted and clarified by Philadelphia AMS in an e-mail on February 4, 2016.  These negative declaration letters and a copy of the February 4, 2016 e-mail are in the docket for this action and are available online at www.regulations.gov.   

EPA is amending 40 CFR part 62 to reflect the receipt of negative declaration letters from the noted state and local agencies.  EPA accepts these negative declarations as meeting the requirements in 40 CFR 60.23(b).  Amendments are being made to 40 CFR part 62, subparts I (Delaware), J (District of Columbia), and NN (Pennsylvania).  With respect to subpart NN, this action is only applicable to the City of Philadelphia air pollution control agency's jurisdiction; it does not include the remaining geographical areas in the Commonwealth of Pennsylvania.

