[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Proposed Rules]
[Pages 36863-36865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16184]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R09-OAR-2019-0393; FRL-9997-60-Region 9]


Partial Approval, Partial Disapproval and Promulgation of State 
Plans for Designated Facilities and Pollutants; California; 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 
partially approve and partially disapprove a Clean Air Act (CAA) 
section 111(d) plan submitted by the California Air Resources Board 
(CARB) to implement the EPA's Emission Guidelines and Compliance Times 
for Municipal Solid Waste Landfills (Emission Guidelines). This state 
plan submittal pertains to the regulation of landfill gas and its 
components from existing municipal solid waste (MSW) landfills. We are 
partially approving the state plan because it meets many of the 
requirements of the Emission Guidelines; however, we are partially 
disapproving the state plan because it does not fully address certain 
provisions of the Emission Guidelines.

DATES: Written comments must be received on or before August 29, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019--0393 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 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, 75 
Hawthorne Street, San Francisco, CA 94105, (415) 947-4152, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 29, 2016, the EPA finalized Emission Guidelines and 
Compliance Times for Municipal Solid Waste Landfills in 40 CFR part 60, 
subpart Cf, pursuant to section 111(d) of the CAA.\1\ Section 111(d) of 
the CAA requires the EPA to establish a procedure for a state to submit 
a plan to the EPA which (A) establishes standards of performance for 
any existing source for any air pollutant (i) for which air quality 
criteria have not been issued or which is not included on a list 
published under section 108(a) or emitted from a source category which 
is regulated under section 112 but (ii) to which a standard of 
performance under section 111 would apply if such existing source were 
a new source, and (B) provides for the implementation and enforcement 
of such standards of performance. The EPA has established requirements 
for state plan submittals in 40 CFR part 60, subpart B, and established 
Emission Guidelines for the control of designated pollutants \2\ from 
certain MSW landfills. State submittals under CAA section 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.
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    \1\ 81 FR 59276 (August 29, 2016).
    \2\ Designated pollutant means any air pollutant, the emissions 
of which are subject to a standard of performance for new stationary 
sources, but for which air quality criteria have not been issued and 
that is not included on a list published under section 108(a) or 
section 112(b)(1)(A) of the Act. 40 CFR 60.21.
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    On May 30, 2017, CARB submitted to the EPA a section 111(d) plan 
for existing MSW landfills, the ``California State Plan for Compliance 
with the Federal Emission Guidelines for Municipal Solid Waste 
Landfills'' (California plan). The plan was submitted in response to 
the August 29, 2016 promulgation of Federal emission guidelines 
requirements for MSW landfills, 40 CFR part 60, subpart Cf.

[[Page 36864]]

II. Summary of the Plan and EPA Analysis

    The EPA has reviewed the California plan 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 partially approve the 
California plan as meeting the above-cited requirements as they pertain 
to landfill gas, and to partially disapprove the California plan 
because it omits the following operational, monitoring, recordkeeping 
and corrective action requirements relative to temperature and/or 
oxygen or nitrogen: 40 CFR 60.34f(c), 60.36f(a)(5), 60.37f(a)(2) and 
(3), 60.38f(k), and 60.39f(e)(2) and (5).
    The primary mechanism selected by CARB to implement the emission 
guidelines for MSW landfills under state jurisdiction is through a 
demonstration that its MSW landfill regulations, ``Methane Emissions 
from Municipal Solid Waste Landfills,'' are no less stringent than 40 
CFR part 60, subpart Cf.\3\ The California plan will be federally 
applicable to MSW landfills in California upon the EPA's partial 
approval of the plan by final rulemaking. The EPA intends to address 
the aspects of the California plan underlying our proposed partial 
disapproval in a subsequent rulemaking when we promulgate a Federal 
plan to implement subpart Cf.\4\
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    \3\ California's MSW landfill regulations are codified at title 
17 California Code of Regulations (CCR) CCR 95460-95476.
    \4\ The EPA is required to promulgate regulations setting forth 
a Federal plan on or before November 6, 2019. State of California v. 
EPA, No. 4:18-cv-03237 (N.D. Cal. 2019).
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    The federally regulated pollutant under subpart Cf is MSW landfill 
emissions. While the stated purpose of California's MSW regulations is 
to ``reduce methane from [MSW] landfills pursuant to the California 
Global Warming Solutions Act of 2008,'' \5\ the California plan 
demonstrates that the control of methane simultaneously controls 
landfill gas because ``the control system does not distinguish the 
compounds within the landfill gas.'' \6\ Also, with this proposed 
partial approval and partial disapproval, the EPA's approval of the 
California plan is limited to those landfills that meet the criteria 
established in subpart Cf.\7\ A detailed explanation of the rationale 
behind this proposed partial approval and partial disapproval is 
available in the EPA's Technical Support Document (TSD).
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    \5\ 17 CCR 95460.
    \6\ California plan at 7.
    \7\ Id.
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III. Proposed Action

    Pursuant to 40 CFR 60.27, the EPA is proposing to partially approve 
and partially disapprove the California plan for MSW landfills 
submitted pursuant to 40 CFR part 60, subparts B and Cf. Therefore, the 
EPA is proposing to amend 40 CFR part 62, subpart F, to reflect this 
action. In addition, if the EPA finalizes this action as proposed, we 
intend to subsequently take action to update 40 CFR part 62, subpart F, 
upon promulgation of the Federal plan to identify the specific 
provisions corresponding to 40 CFR 60.34f(c), 60.36f(a)(5), 
60.37f(a)(2) and (3), 60.38f(k), and 60.39f(e)(2) and (5) that MSW 
landfills in California will have to implement (in addition to the 
requirements of the state plan we are proposing to take action on 
today). Finally, the EPA's approval of the California plan is limited 
to those landfills that meet the criteria established in subpart Cf. 
This proposed partial approval and partial disapproval is based on the 
rationale discussed above and in the EPA's TSD associated with this 
action.

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 
California plan. In accordance with requirements of 1 CFR 51.5, the EPA 
is proposing to incorporate by reference CARB 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-2019-0393, 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

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This proposed action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the section 111(d) plan is not approved 
to apply on any Indian reservation land or in any other area where the 
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, 
and will not impose substantial direct costs on tribal governments or 
preempt tribal law. Thus, Executive Order 13175 does not apply to this 
action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern

[[Page 36865]]

environmental health or safety risks that the EPA has reason to believe 
may disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order. This 
action is not subject to Executive Order 13045 because it does not 
impose additional requirements beyond those imposed by state law.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Landfills, Methane, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

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

    Dated: July 23, 2019
Michael B. Stoker,
Regional Administrator, Region IX.
[FR Doc. 2019-16184 Filed 7-29-19; 8:45 am]
 BILLING CODE 6560-50-P