[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Rules and Regulations]
[Pages 64430-64432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25168]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2019-0187; FRL-9999-80-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean 
Air Act (CAA) section 111(d) plan submitted by the West Virginia 
Department of Environmental Protection (WVDEP). 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 West Virginia plan establishes 
emission limits for existing MSW landfills, and provides for the 
implementation and enforcement of those limits.

DATES: This final rule is effective on December 23, 2019. The 
incorporation by reference of certain material listed in the rule is 
approved by the Director of the Federal Register as of December 23, 
2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA- EPA-R03-OAR-2019-0187. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the ``For Further Information 
Contact'' section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, Permits Branch (3AD10), 
Air & 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 July 1, 2019 (84 FR 31278), EPA published a notice of proposed 
rulemaking (NPRM) for the State of West Virginia. In the NPRM, EPA 
proposed approval of a Clean Air Act (CAA) section 111(d) plan 
submitted by the WVDEP. The formal State Plan was submitted by West 
Virginia on September 13, 2018.

II. Summary of State Plan and EPA Analysis

    EPA has reviewed the West Virginia 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 determining that the 
submitted section 111(d) plan meets the above-cited requirements. 
Included within the section 111(d) plan are regulations under the West 
Virginia Code, specifically, West Virginia legislative rule 45 C.S.R. 
23, entitled ``Control of Air Pollution from Municipal Solid Waste 
Landfills.'' A detailed explanation of the rationale behind this 
proposed approval is available in the Technical Support Document (TSD).
    Other specific requirements of West Virginia's State Plan for MSW 
landfills and the rationale for EPA's proposed action are explained in 
the NPRM and will not be restated here. No public comments were 
received on the NPRM.

III. Final Action

    EPA is approving the West Virginia section 111(d) plan for MSW 
landfills submitted pursuant to 40 CFR part 60, subpart Cf. Therefore, 
EPA is amending 40 CFR part 62, subpart XX to reflect this action. The 
scope of the 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[thinsp]60.30f(c), as well as section 4.8.b, ``Implementation of 
Emission Guidelines for Existing MSW Landfills,'' of West Virginia's 
111(d) plan submittal.

IV. Incorporation by Reference

    In accordance with the requirements of 1 CFR 51.5, EPA is 
finalizing regulatory text that includes the incorporation by reference 
of West Virginia Code, specifically, West Virginia legislative rule 45 
C.S.R. 23, effective June 1, 2018, entitled ``Control of Air Pollution 
from Municipal Solid Waste Landfills,'' which is part of the CAA 
section 111(d) plan applicable to existing MSW landfills in West 
Virginia as discussed in section II of this preamble. The regulatory 
provisions of 45 C.S.R. 23 establish emission standards and compliance 
times for the control of methane and other organic compounds from 
certain existing MSW landfills located in West Virginia that commenced 
construction, modification, or reconstruction on or before July 17, 
2014. These provisions set forth requirements meeting criteria 
promulgated by EPA at 40 CFR part 60, subpart Cf. EPA has made, and 
will continue to make, 45 C.S.R. 23, as well as the entire West 
Virginia plan, generally available through

[[Page 64431]]

www.regulations.gov, Docket No. EPA-R03-OAR-2019-0187, 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). This incorporation by reference has been approved by the 
Office of the Federal Register and the Plans are federally enforceable 
under the CAA as of the effective date of this final rulemaking.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve 
section 111(d) state plan submissions 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, the EPA's role is 
to approve state choices, provided that they meet the criteria of the 
Act and implementing regulations. 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 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);
     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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 21, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action approving West Virginia's State Plan for existing 
MSW landfills may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

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.

    Dated: August 27, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart XX--West Virginia

0
2. Section 62.12125 is revised to read as follows:


Sec.  62.12125  Identification of plan.

    (a) West Virginia 111(d) plan for municipal solid waste landfills, 
including delegation of Federal plan compliance schedule and reporting 
requirements, as submitted to the Environmental Protection Agency on 
May 29, 1998, and as amended on May 15, 2000, and December 20, 2000, to 
implement 40 CFR part 60, subpart Cc.
    (b)(1) Control of landfill gas emissions from existing municipal 
solid waste landfills, submitted by the West Virginia Department of 
Environmental Protection on September 13, 2018, to implement 40 CFR 
part 60, subpart Cf. The Plan includes regulatory provisions cited in 
paragraph (c) of this section, which the EPA incorporates by reference.
    (2) After December 23, 2019, the substantive requirements of the 
municipal solid waste landfills state plan are contained in paragraph 
(b) of this section and owners and operators of municipal solid waste 
landfills in West Virginia must comply with the requirements in 
paragraph (b) of this section.
    (c) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy 
of the material is available electronically through 
www.regulations.gov, Docket No. EPA-R03-OAR-2019-0187, or at the EPA 
Region III office, 1650 Arch Street, Philadelphia, PA 19103, 215-814-
5000. Copies may be inspected at the National Archives and Records 
Administration (NARA). For information on the

[[Page 64432]]

availability of this material at NARA, email [email protected] or 
go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of West Virginia, Secretary of State, Code of State 
Regulations.
    (i) 45 CSR 23: West Virginia legislative rule; Title 45, Department 
of Environmental Protection, Air Quality; Series 23, Control of Air 
Pollution from Municipal Solid Waste Landfills, effective June 1, 2018.
    (ii) [Reserved]

0
3. Section 62.12126 is revised to read as follows:


Sec.  62.12126   Identification of sources.

    (a) The plan in Sec.  62.12125(a) applies to all existing West 
Virginia municipal solid waste landfills for which construction, 
reconstruction, or modification was commenced before May 30, 1991 and 
that accepted waste at any time since November 8, 1987, or that have 
additional capacity available for future waste deposition, as described 
in 40 CFR part 60, subpart Cc.
    (b) The plan in Sec.  62.12125(b) applies to all existing municipal 
solid waste landfills under the jurisdiction of the West Virginia 
Department of Environmental Protection for which construction, 
reconstruction, or modification was commenced on or before July 17, 
2014.

0
4. Section 62.12127 is revised to read as follows:


Sec.  62.12127  Effective date.

    (a) The effective date of the plan submitted on May 29, 1998, and 
as amended on May 15, 2000 by the West Virginia Department of 
Environmental Protection for municipal solid waste landfills is July 
23, 2001.
    (b) The effective date of the plan submitted on September 13, 2018 
by the West Virginia Department of Environmental Protection for 
municipal solid waste landfills is December 23, 2019.

[FR Doc. 2019-25168 Filed 11-21-19; 8:45 am]
 BILLING CODE 6560-50-P