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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
EPAR06OAR20210517; FRL879801
R6

Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Texas;
Control of Emissions From Existing Other Solid Waste Incineration Units
FOR FURTHER INFORMATION CONTACT:

Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

SUMMARY: Pursuant to the Federal Clean Air Act CAA or the Act, the Environmental Protection Agency EPA
is proposing to approve the CAA section 111d/129 state plan submitted by the State of Texas for sources subject to the Other Solid Waste Incineration Units OSWI Emission Guidelines EG. The Texas OSWI plan was submitted to fulfill state obligations under CAA
section 111d/129 to implement and enforce the requirements under the OSWI EG. The EPA is proposing to approve the state plan in part and amend the agency regulations in accordance with the requirements of the CAA.
DATES: Written comments must be received on or before September 20, 2021.

Submit your comments, identified by Docket No. EPAR06
OAR20210517, at https
www.regulations.gov or via email to ruan-lei.karolina@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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 Karolina Ruan Lei, 214 665
7346, ruan-lei.karolina@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on
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making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for this action is available electronically at www.regulations.gov. 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.g., CBI.
Karolina Ruan Lei, EPA Region 6 Office, Air and Radiation DivisionState Planning and Implementation Branch, 214 6657346, ruan-lei.karolina@
epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office will be closed to the public to reduce the risk of transmitting COVID19. We encourage the public to submit comments via https www.regulations.gov, as there will be a delay in processing mail and no courier or hand deliveries will be accepted. Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:

Throughout this document wherever we, us, or our is used, we mean the EPA.
I. Background Sections 111d 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 CAA section 111b 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 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 affected facilities, EG for existing sources designated facilities are intended for states to use to develop a state plan to submit to the EPA. 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
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developing, implementing, and enforcing a federal plan.
The regulations at 40 CFR part 60, subpart B, contain general provisions applicable to the adoption and submittal of state plans for controlling designated pollutants from designated facilities.
Additionally, 40 CFR part 62, subpart A, provides the procedural framework by which the EPA will approve or disapprove such plans submitted by a state. When designated facilities are located in a state, the state must then develop and submit a plan for the control of the designated pollutants.
EPA promulgated the OSWI NSPS
and EG on December 16, 2005, codified at 40 CFR part 60, subparts EEEE and FFFF, respectively 70 FR 74870, as amended at 71 FR 67806, November 24, 2006. Thus, states were required to submit plans for incinerators subject to the OSWI EG pursuant to sections 111d and 129 of the Act and 40 CFR
part 60, subpart B. OSWI means very small municipal waste combustion unit or an institutional waste incineration unit IWI as defined under 40 CFR
60.3078. The designated facilities to which the current OSWI EG apply are OSWI and certain air curtain incinerators ACI 1 that commenced construction on or before December 9, 2004, and were not modified or reconstructed on or after June 16, 2006, as specified in 40 CFR 60.2991 and 60.2992, with limited exceptions as provided under 40 CFR 60.2993. The EPA proposed revisions to the OSWI EG
and NSPS on August 31, 2020 85 FR
54178. When the EPA finalizes the revisions to the OSWI EG,2 each state and air quality control jurisdiction will need to submit a negative declaration or plan, as applicable, for those sources subject to the requirements of the final revised OSWI EG.
In order to fulfill obligations under CAA sections 111d and 129, the Texas Commission on Environmental Quality TCEQ submitted a state plan for the control of emissions from sources subject to the OSWI EG for the State of Texas on May 18, 2009.3 The Texas OSWI plan implements and enforces the applicable provisions under the OSWI
EG at 40 CFR part 60, subpart FFFF, and additionally meets the relevant requirements of the CAA section 111d 1 These ACI subject to the OSWI EG at 40 CFR
part 60, subpart FFFF are those ACI that do not fit the definition of an OSWI as they burn certain types of wastes. See 40 CFR 60.2994b and 40 CFR
60.3078.
2 The court ordered deadline to promulgate the final OSWI review is May 31, 2021. Sierra Club v.
Wheeler, 330 F. Supp. 3d 407. D.D.C. 2018.
3 The Texas OSWI plan submitted by TCEQ does not cover sources located in Indian country.

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