[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24878-24879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10752]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2003-0215 and EPA-HQ-OAR-2014-0451; FRL-9963-19-OAR]
RIN 2060-AT62
Stay of Standards of Performance for Municipal Solid Waste
Landfills and Emission Guidelines and Compliance Times for Municipal
Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Stay.
-----------------------------------------------------------------------
SUMMARY: By a letter dated May 5, 2017, the Administrator announced the
convening of a proceeding for reconsideration of certain requirements
in the final rules, ``Standards of Performance for Municipal Solid
Waste Landfills,'' and ``Emission Guidelines and Compliance Times for
Municipal Solid Waste Landfills,'' both published on August 29, 2016.
In this action, the EPA is staying subparts, which were added or
revised by the two rules, for 90 days pending reconsideration.
DATES: Title 40 CFR part 60, subpart Cf, and 40 CFR part 60, subpart
XXX, are stayed from May 31, 2017 until August 29, 2017.
ADDRESSES: Electronic copies of this document are available on the
EPA's Web site at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards.
Copies of this document are also available at https://www.regulations.gov, at Docket ID No. EPA-HQ-OAR-2003-0215 and EPA-HQ-
OAR-2014-0451.
FOR FURTHER INFORMATION CONTACT: Mr. Peter Tsirigotis, Sector Policies
and Programs Division (D205-01), U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711; telephone number: (888) 627-7764;
email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 14, 2016, the U.S. Environmental Protection Agency (EPA)
Administrator signed a final rule establishing new source performance
standards (NSPS) intended to reduce emissions of landfill gas from new,
modified, and reconstructed municipal solid waste (MSW) landfills,
thereby updating standards that were issued in 1996. In a separate
action, the Administrator also signed a final rule revising guidelines
for reducing emissions from existing MSW landfills, thereby updating
the previous emissions guidelines (EG), which also were issued in 1996.
The NSPS are codified at 40 CFR part 60, subpart XXX, and the EG are
codified at 40 CFR part 60, subpart Cf. For further information on
these 2016 rules, see 81 FR 59332 and 81 FR 59276 (August 29, 2016).
On October 27, 2016, a number of interested parties submitted
administrative petitions to the EPA seeking reconsideration of various
aspects of the 2016 rules pursuant to section 307(d)(7)(B) of the Clean
Air Act (CAA) (42 U.S.C. 7607(d)(7)(B)).\1\ Under section 307(d)(7)(B)
of the CAA, the Administrator shall convene a reconsideration
proceeding if, in the Administrator's judgment, the petitioner raises
an objection to a rule that was impracticable to raise during the
comment period or if the grounds for the objection arose after the
comment period, but within the period for judicial review. In either
case, the Administrator must also conclude that the objection is of
central relevance to the outcome of the rule. The Administrator may
stay the effectiveness of the rule for up to 3 months during such
reconsideration.
---------------------------------------------------------------------------
\1\ Copies of these petitions are included in the docket for the
2016 rules, Docket ID No. EPA-HQ-OAR-2003-0215 and EPA-HQ-OAR-2014-
0451.
---------------------------------------------------------------------------
In a letter dated May 5, 2017, based on the criteria in CAA section
307(d)(7)(B), the Administrator convened a proceeding for
reconsideration. The May 5, 2017, letter announced the convening of an
administrative reconsideration proceeding to reconsider the following
topics from one petition: (1) Tier 4 surface emission monitoring; (2)
annual liquids reporting; (3) corrective action
[[Page 24879]]
timeline procedures; (4) overlapping applicability with other rules;
(5) the definition of cover penetration; and (6) design plan approval.
As part of the proceeding, the EPA will prepare a notice of proposed
rulemaking that will provide the petitioners and the public an
opportunity to comment on the issues identified in that letter. As
explained in the letter, the EPA has not taken action on the remaining
issues in the petitions for reconsideration. A copy of the letter is
included in the dockets for this rule, Docket ID No. EPA-HQ-OAR-2003-
0215 and EPA-HQ-OAR-2014-0451.
The EPA convened a proceeding for reconsideration based on the
determination that some of the objections raised in the petition for
reconsideration met the criteria set forth in CAA section 307(d)(7)(B),
42 U.S.C. 7607(d)(7)(B), which requires the Administrator to convene a
proceeding for reconsideration of a rule when the person raising an
objection to a rule can demonstrate: (1) That it was either impractical
to raise the objection during the period for public comment or that the
grounds for the objection arose after the period for public comment;
and (2) that the objection is of central relevance to the outcome of
the rule. In particular, we determined that the tier 4 surface
emissions monitoring (SEM) issues raised in the petition for
reconsideration met those criteria. The proposed rule included tier 4
SEM as an optional monitoring method; however, the final rule imposed
restrictions on the use of tier 4 SEM, e.g., limits on wind speed, the
use of wind barriers, and restricting the use of tier 4 SEM to
landfills with non-methane organic compounds emission rates between 34
and 50 mega grams per year, that were not included in the proposal.
While we believe that the restrictions are appropriate in light of the
potential impact of the results of tier 4 SEM, we recognize that they
were added without the benefit of public comment. Thus, we find that
the petitioners have demonstrated that it was impractical to raise the
objection during the period for public comment. We also find that the
objection to the restrictions on the use of tier 4 SEM is of central
relevance to the outcome of the rule. Tier 4 SEM can be used as a site-
specific methodology for determining whether and when the requirement
to install a gas collection and control system is triggered. The
restrictions limit an owner's/operator's ability to use tier 4 SEM for
those purposes, thereby reducing intended flexibility in the rule. If
we had the benefit of public comment on the restrictions, we might have
structured the rule in such a way as to minimize any potential impacts
on flexibility.
II. Stay of Subparts Cf and XXX
By this action, the EPA is staying the subparts added or revised by
two final rules, ``Standards of Performance for Municipal Solid Waste
Landfills,'' 81 FR 59332 and ``Emission Guidelines and Compliance Times
for Municipal Solid Waste Landfills,'' 81 FR 59276 for 90 days pursuant
to its authority under section 307(d)(7)(B) of the CAA. We believe that
it is necessary to stay the subparts in their entirety because the tier
4 SEM provisions in the two rules are integral to how the rules
function as a whole. The ability to use tier 4 SEM is a primary aspect
of the flexibility we intended to include in the rule. Tier 4 SEM can
be used to determine on a site-specific basis whether and when the
requirement to install and operate a gas collection and control system
is triggered. The tier 4 SEM provision provides flexibility in
complying with other requirements in the rules that does not otherwise
exist. As a result, we believe that it is appropriate to stay the
subparts in their entirety while we address the tier 4 SEM issues and
the other issues for which the Administrator has granted
reconsideration. Therefore, pursuant to section 307(d)(7)(B) of the
CAA, the EPA is staying 40 CFR part 60, subpart XXX, and 40 CFR part
60, subpart Cf, for 90 days.
This stay will remain in place until August 29, 2017.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Dated: May 22, 2017.
E. Scott Pruitt,
Administrator.
40 CFR part 60 is amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Cf--[Stayed]
0
2. Subpart Cf is stayed from May 31, 2017 until August 29, 2017.
Subpart XXX--[Stayed]
0
2. Subpart XXX is stayed from May 31, 2017 until August 29, 2017.
[FR Doc. 2017-10752 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P