South Carolina; Approval of State Plan for Control of Emissions From Commercial and Industrial Solid Waste Incineration Units

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 62</CFR> <DEPDOC>[EPA-R04-OAR-2021-0258; FRL-9562-01-R4]</DEPDOC> <SUBJECT>South Carolina; Approval of State Plan for Control of Emissions From Commercial and Industrial Solid Waste Incineration Units</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before May 28, 2024. </DATES> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket ID No. EPA-R04-OAR-2021-0258 at <E T="03">https://www.regulations.gov.</E> Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from <E T="03">Regulations.gov</E> . The 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. The EPA will generally not consider comments or comment contents located outside of the primary submission ( <E T="03">i.e.,</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 <E T="03">http://www2.epa.gov/dockets/commenting-epa-dockets.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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 <E T="03">bloeth.mark@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> 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. <E T="03">See</E> 65 FR 75338. The EPA revised the NSPS and EG for CISWI units on March 21, 2011. <E T="03">See</E> 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. <E T="03">See</E> 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. <E T="03">See</E> 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. <E T="03">See</E> 84 FR 15846. <HD SOURCE="HD1">II. Review of South Carolina's CISWI State Plan Submittal</HD> South Carolina submitted a State plan to implement and enforce the EG for existing CISWI units in the State  <SU>1</SU> <FTREF/> 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. <FTNT> <SU>1</SU>  The submitted State plan does not apply in Indian country located in the State. </FTNT> 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. <HD SOURCE="HD2">A. Identification of Legal Authority</HD> 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. <HD SOURCE="HD2">B. Identification of Enforceable State Mechanisms for Implementing the Plan</HD> 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.” <E T="03">See also</E> 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 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). <HD SOURCE="HD2">C. Inventory of Affected Units</HD> Und ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 24k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━