Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Oklahoma; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 62</CFR> <DEPDOC>[EPA-R06-OAR-2020-0610; FRL-11996-01-R6]</DEPDOC> <SUBJECT>Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Oklahoma; Control of Emissions From Existing 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> Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve the CAA section 111(d)/129 state plan revision submitted by the State of Oklahoma for sources subject to the Commercial and Industrial Solid Waste Incineration units (CISWI) Emission Guidelines (EG). The Oklahoma CISWI plan was submitted to fulfill state obligations under CAA section 111(d)/129 to implement and enforce the requirements under the CISWI EG. The EPA is proposing to approve the state plan and amend the agency regulations in accordance with the requirements of the CAA. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Written comments must be received on or before August 19, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket No. EPA-R06-OAR-2020-0610, at <E T="03">https://www.regulations.gov</E> or via email to <E T="03">ruan-lei.karolina@epa.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, please contact Karolina Ruan Lei, (214) 665-7346, <E T="03">ruan-lei.karolina@epa.gov.</E> For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> <E T="03">Docket:</E> The index to the docket for this action is available electronically at <E T="03">www.regulations.gov.</E> While all documents in the docket are listed in the index, some information may not be publicly available due to docket file size restrictions or content ( <E T="03">e.g.,</E> CBI). <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Karolina Ruan Lei, EPA Region 6 Office, Air and Radiation Division—State Planning and Implementation Branch (R6-ARSH), (214) 665-7346, <E T="03">ruan-lei.karolina@epa.gov.</E> We encourage the public to submit comments via <E T="03">https://www.regulations.gov.</E> Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document wherever “we,” “us,” or “our” is used, we mean the EPA. <HD SOURCE="HD1">I. Background</HD> <HD SOURCE="HD2">A. Clean Air Act Section 111(d)/129 Requirements</HD> Sections 111(d) and 129 of the CAA require states to submit 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 type, and the EPA has established emission guidelines for such existing sources. CAA section 129 directs the EPA to establish standards of performance for new sources (NSPS) and emissions guidelines (EG) for existing  <SU>1</SU> <FTREF/> sources for each category of solid waste incinerator specified in CAA section 129. Under CAA section 129, NSPS and EG must contain numerical emissions limitations for particulate matter, opacity (as appropriate), sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. While NSPS are directly applicable to new sources, EG for existing sources (designated facilities) are intended for states to use to develop a state plan to submit to the EPA. When designated facilities are located in a state, the state must then develop and submit a plan for the control of the designated pollutants. <FTNT> <SU>1</SU>  In this context and for purposes under CAA section 111(d)/129, the term “existing” source is synonymous with designated facility. These are sources that were constructed, reconstructed, or modified on or before the date specified in the emission guideline the source applies to. </FTNT> State plan submittals and revisions under CAA section 111(d) must be consistent with the applicable EG and the requirements of 40 CFR part 60, subpart B, and part 62, subpart A. The regulations at 40 CFR part 60, subpart B, contain general provisions applicable to the adoption and submittal of state plans and plan revisions under CAA section 111(d). Additionally, 40 CFR part 62, subpart A, provides the procedural framework by which the EPA will approve or disapprove such plans and plan revisions submitted by a state. Once approved by the EPA, the state plan becomes federally enforceable. If a state does not submit an approvable state plan to the EPA, the EPA is responsible for developing, implementing, and enforcing a federal plan. However, 40 CFR 60.23(b) and 40 CFR 62.06 provide that if there are no designated facilities of the designated pollutant(s) in the state, the state may submit a letter of certification to that effect ( <E T="03">i.e.,</E> negative declaration) in lieu of a plan. The negative declaration exempts the state from the requirements of subpart B that require the submittal of a CAA section 111(d)/129 plan. <HD SOURCE="HD2">B. Commercial and Industrial Solid Waste Incineration Rules</HD> On December 1, 2000, EPA promulgated the CISWI NSPS at 40 CFR part 60, subpart CCCC, and the CISWI EG at 40 CFR part 60, subpart DDDD (65 FR 75338). On March 21, 2011, after voluntarily remanding the 2000 CISWI NSPS and EG, the EPA promulgated revised CISWI NSPS and EG in a final rule (76 FR 15704). Correspondingly, on the same date, EPA promulgated a final rule under the Resource Conservation and Recovery Act (RCRA) to identify which non-hazardous secondary materials, when used as fuels or ingredients in combustion units, are “solid wastes” (76 FR 15456). <SU>2</SU> <FTREF/> EPA subsequently promulgated amendments to both March 21, 2011 rules on February 7, 2013, to clarify several provisions in order to implement the non-hazardous secondary materials rule as EPA originally intended (78 FR 9112). Reconsideration of certain aspects of the final CISWI rule resulted in minor amendments (81 FR 40956, June 23, 2016). <SU>3</SU> <FTREF/> On April 16, 2019, EPA finalized further amendments to the CISWI NSPS and EG in order to provide clarity and address implementation issues (84 FR 15846). <SU>4</SU> <FTREF/> <FTNT> <SU>2</SU>  See 40 CFR part 241, Solid Wastes Used as Fuels or Ingredients in Combustion Units, also known as the “Non-Hazardous Secondary Material Rule.” The identification of solid waste in the Non-Hazardous Secondary Material Rule is used to determine whether a combustion unit is required to meet the emissions standards for solid waste incineration units issued under sections 111 and 129 of the Act, or meet the emissions standards for commercial, industrial, and institutional boilers issued under section 112 of the Act. </FTNT> <FTNT> <SU>3</SU>  In the June 23, 2016, final action, the EPA finalized amendments on these four topics: Definition of “continuous emission monitoring system (CEMS) data during startup and shutdown periods;” particulate matter (PM) limit for the waste-burning kiln subcategory; fuel variability factor (FVF) for coal-burning energy recovery units (ERUs); and the definition of “kiln.” </FTNT> <FTNT> <SU>4</SU>  In the April 16, 2019, final action, the EPA made technical amendments to correct and clarify various parts of the June 23, 2016, final rule; this includes issues with implementation of the standards, testing and monitoring issues and inconsistencies, and other regulatory provisions. </FTNT> The CISWI NSPS and EG were significantly revised in the March 21, 2011, and February 7, 2013, rulemakings, and the subsequent final rulemakings on June 23, 2016, and April 16, 2019, contained minor amendments to the CISWI rules that did not make any changes to the applicability of the designated facilitates, including 40 CFR 60.2505, “Am I affected by this subpart?”. As provided by 40 CFR 60.2505, the designated facilities to which the CISWI EG apply are CISWI and air curtain incinerators (ACI)  <SU>5</SU> <FTREF/> 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 under 40 CFR 60.2555. <FTNT> <SU>5</SU>  These air curtain incinerators (ACI) that are subject to the CISWI EG at 40 CFR part 60, subpart DDDD, are those ACI that may not fit the definition of a “CISWI” under the CISWI EG. See 40 CFR 60.2875. </FTNT> <HD SOURCE="HD2">C. Oklahoma CAA Section 111(d)/129 CISWI Plan Approval History</HD> On June 29, 2005, the Oklahoma Department of Environmental Quality (ODEQ) submitted a CISWI state plan to address the 2000 CISWI EG requirements and fulfi ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 36k characters. 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