[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Proposed Rules]
[Pages 29138-29140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13127]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2019-0306; FRL-9995-26-Region 6]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; New Mexico and Albuquerque-Bernalillo 
County; Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve revisions 
to the section 111(d) Plan submitted by the New Mexico Environment 
Department (NMED) on May 25, 2017, to regulate landfill gas and its 
components, including methane, from existing municipal solid waste 
(MSW) landfills. The Plan is submitted to implement and enforce the 
Emissions Guidelines (EG) for existing landfills in New Mexico, except 
Albuquerque-Bernalillo County. We are also proposing to approve 
revisions to the section 111(d) Plan submitted by the New Mexico 
Environment Department (NMED) on behalf of the Albuquerque-Bernalillo 
County Air Quality Control Board on May 24, 2017, to implement and 
enforce the EG for existing MSW landfills in Albuquerque and Bernalillo 
County. The EG requires States to develop plans to reduce air emissions 
from all affected MSW landfills within their jurisdiction.

DATES: Written comments must be received on or before July 22, 2019.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2019-0306 at https://www.regulations.gov or via email to 
[email protected]. 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 Alan Shar 214-665-6691, 
[email protected]. 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.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1201 Elm Street, Dallas, Texas. While all documents in the docket are 
listed in the index, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material), and some may not 
be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, EPA Region 6 Office, 
State Planning Implementation Branch, 1201 Elm Street, Dallas, TX 
75270, 214-665-6691, [email protected]. To inspect the hard copy 
materials, please schedule an appointment with Alan Shar.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

Table of Contents

I. Background
II. Evaluation
    A. State of New Mexico Plan
    B. Albuquerque-Bernalillo County Plan
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On August 29, 2016, the EPA finalized new source performance 
standards (NSPS) for MSW landfills and Emission Guidelines and 
Compliance Times for existing MSW landfills in 40 CFR part 60, subparts 
XXX and Cf, respectively. See 81 FR 59332 and 81 FR 59313. These 
actions were taken under section 111 of the Act.
    With respect to existing sources, including existing MSW landfills, 
section 111(d) of the Act requires the EPA to establish a procedure 
under which each state shall submit a plan to the EPA which establishes 
standards of performance for any air pollutant: (1) For which air 
quality criteria have not been issued or which is not included on a 
list published under CAA section 108 or emitted from a source category 
which is regulated under CAA section 112, but; (2) to which a NSPS 
would apply if such existing source were a new source. The EPA 
established requirements for

[[Page 29139]]

state plan submittals in 40 CFR part 60, subpart B. As discussed below, 
state plan submittals under CAA sections 111(d) must be consistent with 
the relevant emission guidelines, in this instance 40 CFR part 60, 
subpart Cf, and the requirements of 40 CFR part 60, subpart B and 40 
CFR part 62, subpart A.
    Once a NSPS for a source category is promulgated, the EPA publishes 
an emissions guideline (EG) applicable to the control of the same 
pollutants from existing (designated) facilities. In this action, a MSW 
landfill for which construction, reconstruction, or modification was 
commenced on or before July 17, 2014, is considered a designated 
facility. The MSW landfills EG, revised in 2016 and promulgated at 40 
CFR part 60, subpart Cf, updates the control requirements and 
monitoring, reporting, and recordkeeping provisions for existing MSW 
landfill sources. The MSW landfills EG incorporates by cross-reference 
or direct adoption certain requirements for state and federal plans, as 
specified in 40 CFR part 60, subpart Cf.
    States with designated facilities must then develop plans 
implementing the EG and submit them to the EPA for review and approval. 
State plans must include compliance times and other elements, such as 
inventories, legal authority, and public participation documentation, 
to demonstrate the ability to enforce the EG. See 40 CFR part 60, 
subpart B. The MSW landfills EG, found at 40 CFR part 60, subpart Cf, 
concerns the regulation of landfill gas and its components, including 
methane, from MSW landfills for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014. The deadline to 
submit a state plan to the EPA was May 30, 2017.
    In this action, we are proposing to approve the incorporation by 
reference (IBR) of Title 20, Chapter 2, Part 64 Municipal Solid Waste 
Landfills (20.2.64 NMAC) for the State of New Mexico; and proposing to 
approve the IBR of Title 20, Chapter 11, Part 71 Municipal Solid Waste 
Landfills (20.11.71 NMAC) for the Albuquerque-Bernalillo County Air 
Quality Control Board.

II. Evaluation

    EPA has evaluated the New Mexico Plan (submitted on May 25, 2017) 
and the Albuquerque-Bernalillo County Plan (submitted on May 24, 2017) 
to determine whether each meets the requirements of CAA section 111(d), 
40 CFR part 60, subparts B and Cf, and 40 CFR part 62, subpart A. Both 
Plans were submitted to the EPA prior to the May 30, 2017 submittal 
deadline. See 40 CFR 60.30f(b). Section II.A below evaluates the New 
Mexico Plan while Section II.B evaluates the Albuquerque-Bernalillo 
County Plan.

A. State of New Mexico Plan

    Title 20, Chapter 2, Part 64--Municipal Solid Waste Landfills of 
the New Mexico Administrative Code (20.2.64 NMAC) establishes 
requirements for municipal solid waste landfills in New Mexico (except 
Albuquerque and Bernalillo County) in order to control their methane 
and nonmethane organic compounds emissions. 20.2.64 NMAC was revised on 
April 28, 2017 and became effective on May 31, 2017. Title 20, Chapter 
2, Part 77--New Source Performance Standards (20.2.77 NMAC) establishes 
state authority to implement federal NSPS for stationary sources in New 
Mexico. The CAA 111(d) Plan for MSW landfills in New Mexico was last 
approved by the EPA on November 24, 2006 (71 FR 67809). An approvable 
CAA section 111(d) Plan for MSW landfills has ten essential elements 
\1\ incorporating the legal requirements for approvable state plans. 
See 40 CFR part 60, subparts B and Cf, and 40 CFR part 62, subpart A. 
These elements are as follows:
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    \1\ See ``Municipal Solid Waste Landfills, Volume 2: Summary of 
the Requirements for Section 111(d) State Plans for Implementing the 
Muncipal Solid Waste Landfills Emission Guidelines,'' U.S. EPA, 
OAQPS; EPA-456R/98-009, November 1998 (hereinafter ``1998 State Plan 
Guidance'').
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    1. Identification of enforceable State mechanisms selected by the 
State for implementing the Emission Guidelines;
    2. A demonstration of State's legal authority to carry out the 
Section 111(d) State plan as submitted;
    3. An inventory of existing MSW landfills in the State affected by 
the Emission Guidelines;
    4. Inventory of emissions from existing MSW landfills in the State;
    5. Emission standards for existing MSW landfills that are ``no less 
stringent'' than those in the Emission Guidelines;
    6. State process for review and approval of site-specific gas 
collection and control system design plans;
    7. Compliance schedules extending no later than 30 months after the 
date the annual nonmethane organic compounds (NMOC) emission rate 
reaches or exceeds thresholds in Subpart Cf;
    8. Testing, monitoring, recordkeeping, and reporting requirements;
    9. A record of public hearing(s) on the State Plan; and
    10. Provision for annual State progress reports to the EPA on 
implementation of the State Plan.
    Each element of the New Mexico Plan has been evaluated in detail in 
the Technical Support Document (TSD) prepared in conjunction with this 
action.\2\ Our evaluation demonstrates that the New Mexico Plan meets 
all these 10 elements and is consistent with the requirements for 
approvable section 111(d) state plans for MSW landfills.
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    \2\ Pages 4-15 of the TSD, Docket ID. NO. EPA-R06-OAR-2019-0306 
at www.regulations.gov.
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B. Albuquerque-Bernalillo County Plan

    Title 20, Chapter 11, Part 71--Municipal Solid Waste Landfills of 
the New Mexico Administrative Code (20.11.71 NMAC) establishes 
requirements for municipal solid waste landfills in Albuquerque-
Bernalillo County in order to control their methane and nonmethane 
organic compounds emissions and serves as the enforceable mechanism to 
implement the EG. The Plan was adopted by the Albuquerque-Bernalillo 
County Air Quality Control Board on April 12, 2017 and became effective 
on May 13, 2017. Title 20, Chapter 11, Part 63--New Source Performance 
Standards for Stationary Sources (20.11.63 NMAC) provides for the 
authority to adopt specified federal NSPS requirements codified at 40 
CFR part 60 (e.g., 40 CFR part 60, subpart Cf for existing MSW 
landfills) within the Albuquerque-Bernalillo County jurisdictional 
area. The 111(d) Plan for MSW landfills for Albuquerque-Bernalillo 
County was last approved by the EPA on November 8, 1999 (64 FR 60689). 
For detailed evaluation of the 10 essential elements for approvable CAA 
section 111(d) state plans for MSW landfills (as referenced in Section 
II.A. above) for the Albuquerque-Bernalillo County Plan, please see the 
TSD prepared in conjunction with this action.\3\ Our evaluation 
demonstrates that the Albuquerque-Bernalillo County Plan meets all 
these 10 elements and is consistent with the requirements for 
approvable section 111(d) state plans for MSW landfills.
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    \3\ Pages 16-26 of the TSD, Docket ID. NO. EPA-R06-OAR-2019-0306 
at www.regulations.gov.
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III. Proposed Action

    The EPA is proposing to approve revisions to the CAA section 111(d) 
Plan submitted by the NMED on May 25, 2017, to regulate landfill gas 
and its components, including methane, from existing MSW landfills in 
New Mexico, except for Albuquerque and Bernalillo County. We are also 
proposing to approve revisions to the CAA section

[[Page 29140]]

111(d) Plan submitted by the NMED on behalf of the Albuquerque-
Bernalillo County Air Quality Control Board on May 24, 2017, for 
existing MSW landfills in Albuquerque and Bernalillo County. Both Plans 
are submitted to implement and enforce the EG for existing MSW 
landfills. See 40 CFR part 60, subpart Cf. The scope of the proposed 
approval of the section 111(d) Plans is limited to the provisions of 40 
CFR parts 60 and 62 for existing MSW landfills, as referenced in the 
emission guidelines, 40 CFR part 60, subpart Cf.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference of the CAA 
section 111(d) Plan for New Mexico applicable to MSW landfills. In 
accordance with the requirements of 1 CFR 51.5, we are proposing to 
incorporate by reference revisions to the New Mexico regulations 
regarding MSW landfills and to Albuquerque-Bernalillo County Air 
Quality Control Board regulations regarding MSW landfills in 
Albuquerque and Bernalillo County, as described in the Proposed Action 
section of this preamble. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov, docket ID NO. EPA-R06-OAR-2019-0306 and in hard 
copy at the EPA Region 6 office (please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).

V. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve submission 
of CAA section 111(d) state plans that comply with the provisions of 
the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40 CFR 
part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in 
reviewing CAA section 111(d) state plan submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the Act 
and implementing regulations. Accordingly, this action merely proposes 
to approve state law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because this action is not significant under 
Executive Order 12866;
     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 Act; and
     Does not provide the 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, this proposed rule for existing MSW landfills within 
the State of New Mexico (including Albuquerque-Bernalillo County) does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because the section 111(d) plan is not 
approved to apply in Indian country, as defined at 18 U.S.C. 1151, 
located in the state, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Municipal solid waste landfill, 
Intergovernmental relations, Methane, Reporting and recordkeeping 
requirements.

    Dated: June 17, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-13127 Filed 6-20-19; 8:45 am]
 BILLING CODE 6560-50-P