Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules 49501 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado, 80202–1129, (303) 

312–6227, leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Correction 

In FR document 86 FR 41413, 

appearing on page 41413 in the Federal 

Register on Monday, August 2, 2021, in 

the heading of the document and in the 

ADDRESSES section of the document the 

docket number EPA–R08–OAR–2021– 

0433 should have read EPA–R08–OAR– 

2021–0005. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 25, 2021. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2021–19039 Filed 9–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R01–OAR–2021–0443; FRL–8778–01– 

R1] 

Approval and Promulgation of State 

Plan for Designated Facilities and 

Pollutants: New Hampshire; 111(d)/129 

Revised State Plan for Existing Large 

and Small Municipal Waste 

Combustors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the Clean Air Act (CAA) state plan 

revision for existing large and small 

municipal waste combustors (MWCs) 

submitted by the New Hampshire 

Department of Environmental Services 

(NHDES) on October 1, 2018. The 

revised state plan incorporates wood 

residue combustion fuel quality 

standards and test methods at MWC 

facilities that process and combust 

construction and demolition debris. 

DATES: Written comments must be 

received on or before October 4, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2021–0443 at https://

www.regulations.gov, or via email to 

kilpatrick.jessica@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, 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 (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 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: 

Jessica Kilpatrick, Air Permits, Toxics, & 

Indoor Programs Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 1, 5 Post 

Office Square, Mail Code: 05–2, Boston, 

MA 02109–0287. Telephone: 617–918– 

1652. Fax: 617–918–0652 Email: 

kilpatrick.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is a state plan? 

II. Why does EPA need to approve state 

plans? 

III. Why does EPA regulate air emissions 

from MWCs? 

IV. What history does NHDES have with 

MWC state plans? 

V. Why did NHDES revise the MWC state 

plan? 

VI. What revisions have been made to the 

state plan? 

VII. Why is EPA proposing to approve 

NHDES’s revised state plan? 

VIII. Proposed Action 

IX. Incorporation by Reference 

X. Statutory and Executive Order Reviews 

I. What is a state plan? 

Section 111(d) of the CAA requires 

pollutants controlled under new source 

performance standards (NSPS) also be 

controlled at existing sources in the 

same source category. Once an NSPS is 

issued, EPA then publishes emission 

guidelines (EGs) applicable to the 

control of the same pollutant for 

existing (designated) facilities. States 

with designated facilities must develop 

state plans to adopt the EGs into their 

body of regulations. States must also 

include in their state plans other 

elements, such as legal authority, 

inventories, and public participation 

documentation to demonstrate their 

ability to enforce the state plans. 

II. Why does EPA need to approve state 

plans? 

Section 129(b)(2) of the CAA requires 

states to submit state plans to EPA for 

approval. Each state must show that its 

state plan will carry out and enforce the 

EGs. State plans must be at least as 

protective as the EGs and will become 


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49502 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules 

federally enforceable upon EPA’s 

approval. The procedures for adopting 

and submitting state plans are in 40 CFR 

part 60, subpart B. 

III. Why does EPA regulate air 

emissions from MWCs? 

EPA is required to regulate air 

emissions from MWCs under sections 

111(d) and 129 of the Clean Air Act. 

Large municipal waste combustors 

(LMWCs) are capable of combusting 

more than 250 tons per day of solid 

waste, while small municipal waste 

combustors (SMWCs) are capable of 

combusting at least 35 tons per day, but 

no more than 250 tons per day of 

municipal solid waste or refuse-derived 

fuel. When burned, municipal solid 

wastes emit various air pollutants, 

including particulate matter, hydrogen 

chloride, dioxins/furans, heavy metals 

(lead, cadmium, and mercury), sulfur 

dioxide, and nitrogen oxides. Exposure 

to particulate matter can aggravate 

existing respiratory and cardiovascular 

disease as well as increase risk of 

premature death. Chronic exposure to 

hydrogen chloride has been reported to 

cause gastritis, chronic bronchitis, 

dermatitis, and photosensitization. 

Acute exposure to high levels of 

chlorine in humans may result in chest 

pain, vomiting, toxic pneumonitis, 

pulmonary edema, and death. At lower 

levels, chlorine is a potent irritant to the 

eyes, the upper respiratory tract, and 

lungs. Exposure to dioxin and furan can 

cause skin disorders, cancer, and 

reproductive effects such as 

endometriosis. These pollutants can 

also affect the immune system. 

Mercury is highly hazardous and is of 

particular concern because it persists in 

the environment and bioaccumulates 

through the food web. Serious human 

health effects, primarily to the nervous 

system, have been associated with 

exposures to mercury. Harmful 

physiological impacts on wildlife have 

also been reported; these include 

nervous system damage and behavioral 

and reproductive deficits. Human and 

wildlife exposure to mercury occur 

mainly through ingestion of fish. When 

inhaled, mercury vapor attacks the lung 

tissue and is a cumulative poison. 

Short-term exposure to mercury in 

certain forms can cause hallucinations 

and impair consciousness. Long-term 

exposure to mercury in certain forms 

can affect the central nervous system 

and cause kidney damage. 

IV. What history does NHDES have 

with MWC state plans? 

EPA approved NHDES’s sections 

111(d)/129 state plan for existing large 

and small MWCs on February 10, 2003, 

effective on April 11, 2003. The state 

plan establishes the operating and 

performance standards for MWCs with 

the capacity to combust greater than 35 

tons per day of municipal solid waste, 

to comply with CAA sections 111(d) 

and 129 as well as State rules 

promulgated under the New Hampshire 

Code of Administrative Rules Env-A 

3300 Municipal Waste Combustion. 

Since its approval, the state plan has 

been amended twice. On January 29, 

2009, NHDES submitted a revision to 

comply with EPA’s revised regulations 

for LMWCs via 40 CFR part 60, subpart 

Cb, Emissions Guidelines and 

Compliances for Large Municipal Waste 

Combustors that are Constructed on or 

Before September 20, 1994. EPA 

approved these revisions on September 

3, 2014. See 79 FR 52204. The second 

revision was submitted by NHDES on 

July 28, 2016, to align standards for 

SMWCs with those of LMWCs. EPA 

proposed these revisions on June 6, 

2017. See 82 FR 25972. 

V. Why did NHDES revise the MWC 

state plan? 

EPA’s February 8, 2016 revision to 40 

CFR part 241, subpart B, Identification 

of Non-Hazardous Secondary Materials 

that are Solid Wastes when Used as 

Fuels or Ingredients in Combustion 

Units, added construction and 

demolition (C&D) wood processed from 

C&D debris according to best 

management practices to its categorical 

list of non-waste fuels. (See 81 FR 6743). 

Subsequently on August 11, 2018, 

NHDES removed a ban on wood residue 

combustion via the state statute RSA 

125–C:10–c(II)(b) Combustion Ban. The 

change allows combustion of no more 

than 10,000 tons per year of wood 

residue at any large municipal waste 

combustor from November 15 through 

April 15 from facilities that process 

construction and demolition debris in a 

manner no less stringent than the 

requirements at 40 CFR 241.4(a)(5), 

Non-Waste Determinations for Specific 

Non-Hazardous Secondary Materials 

When Used as a Fuel. The change also 

requires NHDES to adopt rules 

regarding fuel quality standards and test 

methods in accordance with RSA 125– 

C:6, XIV–a before any such combustion 

shall occur, therefore this state plan 

revision is a necessity. The change was 

initiated in 2016, and it was introduced 

by the NHDES Air Resources Division 

and the Solid Waste Division at 

multiple stakeholder meetings open to 

the public with opportunities for 

comment. The proposed rule was 

presented to the NHDES Air Resources 

Council on September 11, 2017, and the 

final rule was posted for notice on May 

14, 2018, with a public hearing on June 

15, 2018, a comment period ending on 

June 29, 2018, and an effective date of 

September 27, 2018. 

VI. What revisions have been made to 

the state plan? 

On October 1, 2018, NHDES 

submitted the sections 111(d)/129 

revised state plan for existing large and 

small municipal waste combustors to 

EPA. The revision incorporates fuel 

quality standards and test methods for 

wood residue at MWC facilities that 

process C&D wood debris. The revised 

state plan includes changes to Env-A 

3300, defining processed wood residue 

(PWR) as construction and demolition 

wood that has undergone positive or 

negative sorting in accordance with the 

best management practices as described 

in 40 CFR 241.4(a)(5). The state plan 

revision also includes new part Env-A 

3308 Additional Requirements for 

Combusting PWR with sections 

outlining applicability, operating 

practices, PWR fuel quality, fuel 

supplier requirements, independent 

third-party inspections, analysis of 

compositive samples, reporting and 

recordkeeping for LMWCs combusting 

PWR, and cessation and resumption of 

receipt of PWR from a supplier. 

VII. Why is EPA proposing to approve 

NHDES’s revised state plan? 

EPA has evaluated NHDES’s sections 

111(d)/129 revised state plan for 

existing large and small MWCs for 

consistency with the CAA, EPA 

guidelines, and policy. C&D wood is a 

non-hazardous secondary material that 

is not classified as a solid waste when 

used as a fuel in a combustion unit and 

is regulated by Env-A 3300, which EPA 

finds to be no less stringent than 40 CFR 

241.4(a)(5). 

Furthermore, the quantity of PWR 

New Hampshire’s existing large MWCs 

are allowed to combust ensures that the 

units do not meet the definition of a 

cofired combustor and thus become 

exempt from Federal regulations for 

large MWCs. Cofired combustors, 

defined as MWC units combusting 

municipal solid waste with 

nonmunicipal solid waste fuel, that 

have a federally enforceable permit 

limiting municipal solid waste 

combustion to 30 percent of the total 

fuel input by weight, are exempt from 

large MWC emission guidelines and 

Federal Plan. See 40 CFR 60.32b(i), 

60.50a(d), 60.50b(j), 60.1020(g), 

60.1555(g), 62.14102(j), and 62.15020(g). 

By limiting the combustion of no more 

than 10,000 tons per year of PWR at any 

MWC from November 15 through April 

15, and further restricting combustion of 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules 49503 

the material from November 15 through 

April 15, it is impossible for a large 

MWC (with a daily capacity rating of no 

less than 250 tons per day) to meet the 

definition of a cofired combustor. 

Therefore, EPA has concluded that the 

state plan revision meets all 

requirements, including compliance 

with Federal regulations. 

EPA is proposing to approve NHDES’s 

state plan revision based on our analysis 

above and our findings that NHDES 

provided adequate public notice of 

public hearings for the proposed 

rulemaking that allows NHDES to carry 

out and enforce provisions that are at 

least as protective as the Federal 

emission guidelines for large and small 

MWCs. Furthermore, NHDES 

demonstrates legal authority to adopt 

emission standards and compliance 

schedules applicable to the designated 

facilities; enforce applicable laws, 

regulations, standards and compliance 

schedules; seek injunctive relief; obtain 

information necessary to determine 

compliance; require record keeping; 

conduct inspections and tests; require 

the use of monitors; require emission 

reports of owners and operators; and 

make emission data publicly available. 

VIII. Proposed Action 

EPA is proposing to approve NHDES’s 

sections 111(d)/129 revised State plan 

for existing large and small MWCs. EPA 

is soliciting public comments on the 

issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to this proposed rule by 

following the instructions listed in the 

ADDRESSES section of this Federal 

Register document. 

IX. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the State of New Hampshire 

Amendments to the sections 111(d)/129 

State Plan for Municipal Waste 

Combustion, dated October 1, 2018. 

NHDES amends New Hampshire’s Code 

of Administrative Rules Env-A 3300, 

Municipal Waste Combustion, effective 

September 27, 2018, regarding MWC 

units as discussed in Section VI of this 

preamble. The 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). 

X. Statutory and Executive Order 

Reviews 

Under section 129 of the Clean Air 

Act, the Administrator is required to 

approve a state plan submission that 

complies with the provisions of the Act 

and applicable Federal regulations. 42 

U.S.C. 7429(b); 40 CFR 60.27. 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 

proposed 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 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); 

• 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 revised 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). 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, Incorporation 

by reference, Industrial facilities, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Waste treatment and disposal. 

Dated: July 20, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

[FR Doc. 2021–15903 Filed 9–2–21; 8:45 am] 

BILLING CODE 6560–50–P 


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