[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31279-31281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13902]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2019-0160; FRL-9995-87-Region 3]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Delaware; Control of Emissions From Existing 
Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a Clean Air Act (CAA) section 111(d) plan submitted by the 
Delaware Department of Natural Resources and Environmental Control 
(DNREC). This plan was submitted to fulfill the requirements of the CAA 
and in response to EPA's promulgation of Emissions Guidelines and 
Compliance Times for municipal solid waste (MSW) landfills. The 
Delaware plan establishes emission limits for existing MSW landfills, 
and provides for the implementation and enforcement of those limits.

DATES: Written comments must be received on or before July 31, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0160 at https://www.regulations.gov, or via email to 
[email protected]. 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

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make. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, Permits Branch (3AD10), 
Air and Radiation Division, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The 
telephone number is (215) 814-2039. Mr. Gordon can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 29, 2016, the EPA finalized Standards of Performance for 
MSW landfills and Emission Guidelines and Compliance Times for MSW 
landfills in 40 CFR part 60 subpart XXX and Cf. 81 FR 59332 and 81 FR 
59313, respectively. These actions were taken under section 111 of the 
CAA. Section 111(d) of the CAA requires EPA to establish a procedure 
for a state to submit a plan to 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 standard of performance under 
CAA section 111 would apply if such existing source were a new source. 
EPA established these requirements for state plan submittal in 40 CFR 
part 60, subpart B. State 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 part 62, subpart A. On October 10, 2017, DNREC submitted 
to EPA a formal section 111(d) plan for existing municipal solid waste 
landfills. The submitted section 111(d) was in response to the August 
29, 2016 promulgation of Federal New Source Performance Standards and 
Emission Guidelines requirements for MSW landfills, 40 CFR part 60, 
subparts XXX and Cf, respectively (76 FR 15372).

II. Summary of the Plan and EPA Analysis

    EPA has reviewed the Delaware section 111(d) plan submittal in the 
context of the requirements of 40 CFR part 60, subparts B and Cf, and 
part 62, subpart A. In this action, EPA is proposing to determine that 
the submitted section 111(d) plan meets the above-cited requirements. 
Included within the section 111(d) plan are regulations under the 
Delaware Administrative Code, specifically DE Admin. Code 1120 (Section 
30), entitled ``Standards of Performance for Municipal Solid Waste 
Landfills After July 11, 2017.'' Section 30 of DE Admin. Code 1120, 
which is included in the Plan, applies to each municipal solid waste 
landfill, open or closed, that commenced construction, reconstruction, 
or modification after July 17, 2014 or that has accepted waste after 
November 8, 1987 or that has additional capacity available to accept 
waste. While Delaware has chosen to regulate new and existing landfills 
under the same state regulation, for purposes of this action, the Plan 
applies to any Delaware ``designated facility,'' which in the context 
of the Emissions Guideline means each existing MSW landfill for which 
construction, reconstruction, or modification was commenced on or 
before July 17, 2014, which is consistent with the requirements of 40 
CFR part 60, subpart Cf. In this action, EPA is proposing to 
incorporate by reference (IBR) DE Admin. Code 1120 (Section 30), which 
became effective in the State of Delaware on July 11, 2017. A detailed 
explanation of the rationale behind this proposed approval is available 
in the Technical Support Document (TSD).

III. Proposed Action

    EPA is proposing to approve the Delaware section 111(d) plan for 
MSW landfills submitted pursuant to 40 CFR part 60, subpart Cf. 
Therefore, EPA is proposing to amend 40 CFR part 62, subpart I to 
reflect this action. This approval is based on the rationale previously 
discussed and in further detail in the TSD associated with this action. 
The scope of the proposed approval of the section 111(d) plan is 
limited to the provisions of 40 CFR parts 60 and 62 for existing MSW 
landfills, as referenced in the emission guidelines, subpart Cf. The 
EPA Administrator continues to retain authority for approval of 
alternative methods to determine the nonmethane organic compound 
concentration or a site-specific methane generation rate constant (k), 
as stipulated in 40 CFR 60.30f(c), as well as 7 DE Admin. Code 1120 
Section 30.1.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference of the state 
plan. In accordance with requirements of 1 CFR 51.5, EPA is proposing 
to incorporate by reference DNREC rules regarding MSW landfills 
discussed in section II of this preamble. EPA has made, and will 
continue to make, these materials generally available through the 
docket for this action, EPA-R03-OAR-2019-0160, at https://www.regulations.gov and at the EPA Region III 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

    In reviewing state plan submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this 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);
     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);

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     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 CAA; 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 approval of Delaware's state plan 
submittal for existing MSW landfills does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the state plan is not approved to apply in Indian country 
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, Air pollution control, Landfills, 
Incorporation by reference, Intergovernmental relations, Methane, 
Ozone, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: June 20, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-13902 Filed 6-28-19; 8:45 am]
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