[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Proposed Rules]
[Pages 24960-24962]
[FR Doc No: 2018-11754]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2018-0186; FRL-9978-94--Region 4]

Approval of TN 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 a state plan submitted by the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC) on May 12,
2017, and supplemented on February 9, 2018, 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 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 establishes emission
limits, monitoring, operating, recordkeeping, and reporting
requirements for affected CISWI units. Since all the CISWI units in the
State are located at the Eastman Chemical Company in Kingsport,
Tennessee, the State has issued the facility an operating permit the
terms of which are the relevant provisions of the EG and has submitted
the permit as part of its state plan.

DATES: Comments must be received on or before July 2, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R04-
OAR-2018-0186] at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
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. 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, South Air Enforcement and
Toxics Section, Air Enforcement and Toxics Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303. Mr. Bloeth can
be reached via telephone at<PHONE_NUMBER> 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 develop regulations under section 111(d) of the Act
limiting emissions of nine air pollutants (particulate matter, carbon
monoxide, dioxins/furans, sulfur dioxide, nitrogen oxides, hydrogen
chloride, lead, mercury, and cadmium) 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.
    On December 1, 2000, 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. EPA revised the NSPS and EG for CISWI units on March
21, 2011. See 76 FR 15704. Following promulgation of the 2011 CISWI
rule, EPA received petitions for reconsideration requesting that EPA
reconsider numerous provisions in the rule. EPA granted reconsideration
on certain issues and promulgated a CISWI reconsideration rule on
February 7, 2013. See 78 FR 9112. Subsequently, EPA received petitions
to further reconsider certain provisions of the 2013 NSPS and EG for
CISWI units. On January 21, 2015, EPA granted reconsideration on four
specific issues and finalized reconsideration of the CISWI NSPS and EG
on June 23, 2016. See 81 FR 40956.
    Section 129(b)(2) of the CAA requires states to submit to 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 become federally
enforceable upon approval by EPA. The procedures for adoption and
submittal of state plans and revisions are codified in 40 CFR part 60,
subpart B.

II. Review of Tennessee's CISWI State Plan Submittal

    Tennessee submitted a state plan to implement and enforce the EG
for existing CISWI units in the state \1\ on May 12, 2017, and
supplemented its submittal on February 9, 2018. EPA has reviewed the
plan 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; emissions limits; compliance
schedules; testing, monitoring, recordkeeping, and reporting; public
hearing records; and annual state progress reports on facility
compliance. Since all the CISWI units identified in the State are
located at Eastman Chemical Company's facility in Kingsport, Tennessee
(``Eastman''), the State has issued the facility an operating permit
(permit number 072397) the terms of which are the relevant provisions
of the EG and has submitted the permit as the legal mechanism to
implement its state plan.
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    \1\ The submitted state plan does not apply in Indian country
located in the state.
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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 submittal, Tennessee cites the following
State law provisions and/or subsections thereof, among other
provisions, for its authority to implement and enforce the plan:
Tennessee Air Pollution Control Regulations (TAPCR) 1200-03-09-.03(8)
(authority to include CAA requirements and federal regulations in
permits); T.C.A. 68-201-111 (authority to bring civil action for
injunction relief to prevent violations), 68-201-116(a) (authority to
issue orders to correct violations), 68-201-105(b)(2) (authority to
collection information from sources), 68-201-105(b)(3) (inspection
authority), and 68-201-105(b)(8) (authority to institute judicial
proceedings to compel compliance). EPA has reviewed the cited
authorities and has preliminarily concluded that the State has
adequately demonstrated legal authority to implement and enforce the
CISWI state plan in Tennessee.

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). The State has
adopted enforceable emission standards for affected CISWI units via
state operating permit number 072397, issued to Eastman on May 10,
2017. EPA has preliminarily concluded that the permit terms meet the
emission standard 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. Tennessee has
identified seven affected units at one facility: Boilers 18-24 at
Eastman. Omission from this inventory of CISWI units does not exempt an
affected facility from the applicable section 111(d)/129 requirements.
EPA has preliminarily concluded that Tennessee 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. Tennessee submitted, and later supplemented, an
emissions inventory of CISWI units as part of its state plan. This
emissions inventory contains CISWI unit emissions rates for each
regulated pollutant. EPA has preliminarily concluded that Tennessee has
met the emission 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 a state plan to include operating
training and qualifications requirements, a waste management plan, and
operating limits that are at least as protective as the EG. Since all
of the CISWI units identified in the State are located at Eastman, the
State has issued the facility an operating permit the terms of which
are the relevant provisions of the EG. EPA has preliminarily concluded
that Tennessee's CISWI 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 Eastman's state operating permit number 072397, Eastman is required
to comply with the EG initial compliance requirements for CISWI units,
which EPA has codified at 40 CFR 60.2700 through 60.2706. EPA has
preliminarily concluded that Tennessee's CISWI 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. Tennessee's state plan
incorporates the model rule provisions of the EG in state operating
permit number 072397. EPA has preliminarily concluded that Tennessee's
CISWI 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

    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
EPA, each local air pollution control agency, and, in the case of an
interstate region, each state within the region. 40 CFR 60.2515(a)(6)
requires that 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, Tennessee
submitted records, including transcripts, of a public hearing held on
April 19, 2017. Tennessee provided notice and made all relevant plan
materials available prior to the hearing. Tennessee certifies in its
submittal that a hearing was held and that the State received no oral
comments on the plan, and it describes the written submissions
received. Thus, EPA has preliminarily concluded that Tennessee'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, Tennessee provides in its plan
that it will submit reports on progress in plan enforcement to EPA on
an annual (calendar year) basis, commencing with the first full
reporting period after plan revision approval. EPA has preliminarily
concluded that Tennessee's CISWI plan satisfies the requirements of 40
CFR 60.25(e) and (f) and 40 CFR 60.2515(a)(7).

III. Proposed Action

    Pursuant to CAA section 111(d), CAA section 129, and 40 CFR part
60, subparts B and DDDD, EPA is proposing to approve Tennessee's state
plan for regulation of CISWI units as submitted on May 21, 2017. In
addition, EPA is proposing to amend 40 CFR part 62, subpart RR to
reflect this action.

IV. 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, EPA's role is to approve state choices, provided

they meet the criteria and objectives of the CAA and 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 (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).
    In addition, this rule 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. It also 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). And it does not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because EPA is
not proposing to approve the submitted rule to apply in Indian country
located in the state, and because the submitted rule will not impose
substantial direct costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride,
Intergovernmental relations, Manufacturing, Phosphate, Reporting and
recordkeeping requirements, Sulfur oxides, Waste treatment and
disposal.

    Authority: 42 U.S.C. 7411.

    Dated: May 15, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-11754 Filed 5-30-18; 8:45 am]
 BILLING CODE 6560-50-P