[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32363-32365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14245]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R09-OAR-2019-0344; FRL-9995-98-Region 9]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Arizona; 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 state plan submitted by the State of Arizona. This state plan 
submittal pertains to the regulation of landfill gas and its 
components, including methane, from existing municipal solid waste 
(MSW) landfills. Arizona's state plan was submitted in response to the 
EPA's promulgation of Emissions Guidelines and Compliance Times for MSW 
landfills. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 7, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-03440344 at http://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

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

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, U.S. EPA Region IX, 
(415) 947-4152, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 29, 2016, the EPA finalized Standards of Performance for 
Municipal Solid Waste Landfills and Emission Guidelines and Compliance 
Times for Municipal Solid Waste Landfills in 40 CFR part 60 subpart XXX 
and Cf, respectively. 81 FR 59332 and 81 FR 59276. These actions were 
taken under section 111 of the CAA.
    Section 111(d) of the CAA requires the EPA to establish a procedure 
for a state to 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 standard of performance under 
CAA section 111 would apply if such existing source were a new source. 
The EPA established the requirements for state plan submittals 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.
    On July 24, 2018, the Arizona Department of Environmental Quality 
(ADEQ) submitted to the EPA a formal section 111(d) plan for existing 
municipal solid waste landfills. The submitted section 111(d) plan was 
in response to the August 29, 2016 promulgation of federal NSPS and 
emission guidelines requirements for MSW landfills, 40 CFR part 60, 
subparts XXX and Cf, respectively (81 FR 59332 and 81 FR 59276) 76 FR 
15372).

II. Summary of the Plan and EPA Analysis

    The EPA has reviewed the Arizona 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, the EPA is proposing to 
determine that the submitted section 111(d) plan meets the above-cited 
requirements. The primary mechanism selected by ADEQ to implement the 
emission guidelines for MSW landfills under state jurisdiction is 
through incorporation by reference of 40 CFR part 60, subpart Cf and 40 
CFR part 60, subpart XXX into the Arizona Administrative Code (A.A.C.), 
at A.A.C. R18-2-731, entitled ``Standards of Performance for Existing 
Municipal Solid Waste Landfills,'' and A.A.C. R18-2-901(79), entitled 
``New Source Performance Standards,'' on July 6, 2018. These subparts 
will be applicable to MSW landfills under the plan upon the EPA's 
approval of the plan by final rulemaking. A detailed explanation of the 
rationale behind this proposed approval is available in the Technical 
Support Document (TSD).

III. Proposed Action

    The EPA is proposing to approve the Arizona section 111(d) plan for 
MSW landfills submitted pursuant to 40 CFR part 60, subpart Cf. 
Therefore, the EPA is proposing to amend 40 CFR part 62, subpart D, 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.

IV. Incorporation by Reference

    In this document, the 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, the EPA is 
proposing to incorporate by reference ADEQ rules regarding MSW 
landfills discussed in section II of this preamble. The EPA has made, 
and will continue to make, these materials generally available through 
http://www.regulations.gov, Docket ID No. EPA-R09-OAR-2019-0344, and at 
the EPA Region IX 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, the 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 (Public Law 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 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 Arizona'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 the

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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.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-14245 Filed 7-5-19; 8:45 am]
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