[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Rules and Regulations]
[Pages 9388-9390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02506]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R09-OAR-2019-0345; FRL-10001-02-Region 9]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Pinal County Air Quality Control District; 
Control of Emissions From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a state plan submitted by the Pinal County Air 
Quality Control District (PCAQCD). For the purposes of this Section 
111(d) plan, the PCAQCD is considered a ``State'' as defined in EPA's 
regulations. This state plan submittal pertains to the regulation of 
landfill gas and its components, including methane, from existing 
municipal solid waste (MSW) landfills. This 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: This plan will be effective on March 20, 2020. The incorporation 
by reference of certain material listed in the rule is approved by the 
Director of the Federal Register as of March 20, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0345. 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: Jeffrey Buss, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4152 or by 
email at [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On July 8, 2019 (84 FR 32365), the EPA proposed to approve a 
section 111(d) plan submitted by the PCAQCD 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). 
Included within the section 111(d) plan are regulations under the 
PCAQCD Code at Chapter 5, Article 34 (5-34-2050) entitled ``Standards 
of Performance for Existing Municipal Solid Waste Landfills'' and 
Chapter 6, Article 1 (6-1-030) entitled ``New Source Performance 
Standards: Adopted Documents,'' effective on December 19, 2018.
    We proposed to approve this plan because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the plan and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving the plan submitted by 
the PCAQCD.

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 the PCAQCD Code 5-34-2050 entitled ``Standards of Performance for 
Existing Municipal Solid Waste Landfills'' and 6-1-030 entitled 
``Performance Standards'' amended on December 19, 2018, which is part 
of the CAA section 111(d) plan applicable to existing MSW landfills in 
Pinal County Arizona as discussed in section I of this preamble. These 
regulatory provisions in the section 111(d) plan establish emission 
standards and compliance times for the control of methane and other 
organic compounds from certain existing MSW landfills located in Pinal 
County 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, the entire Pinal

[[Page 9389]]

County plan, generally available through www.regulations.gov, Docket 
No. EPA-R03-OAR-2019-0345, 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). This 
incorporation by reference has been approved by the Office of the 
Federal Register and the plan is federally enforceable under the CAA as 
of the effective date of this final rulemaking.

V. Statutory and Executive Order Reviews

    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, 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 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, the CAA section 111(d) Plans are not approved to apply 
in Indian country, as defined at 18 U.S.C. 1151, located in the state. 
As such, this rule does not have tribal implications, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), and it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 20, 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 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, Incorporation by 
reference, Intergovernmental relations, Landfills, Methane, Ozone, 
Reporting and recordkeeping requirements, Sulfur Oxides, Volatile 
organic compounds.

    Dated: August 30, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Editorial note:  This document was received for publication by 
the Office of the Federal Register on February 4, 2020.
    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 D--Arizona

0
2. Section 62.600 is revised to read as follows:


Sec.  62.600  Identification of plan.

    (a) The Arizona Department of Environmental Quality submitted on 
June 17, 1997 and June 29, 1999, the State of Arizona's Section 111(d) 
Plan for Existing Municipal Solid Waste Landfills.
    (b) Control of landfill gas emissions from existing municipal solid 
waste landfills, submitted by the Arizona Department of Environmental 
Quality on July 24, 2018, to implement 40 CFR par 60, subpart Cf. The 
Plan includes the regulatory provisions cited in paragraph (f) of this 
section, which the EPA incorporates by reference.
    (c) After March 20, 2020, 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 Arizona must comply with the requirements in paragraph (b) 
of this section.
    (d) Control of landfill gas emissions from existing municipal solid 
waste landfills, submitted by the Pinal County Air Quality Control 
District on March 4, 2019, to implement 40 CFR part 60, subpart Cf. The 
Plan includes the regulatory provisions cited in paragraph (f) of this 
section, which the EPA incorporates by reference.
    (e) After March 20, 2020, the substantive requirements of the 
municipal solid waste landfills state plan are contained in paragraph 
(d) of this section and owners and operators of municipal solid waste 
landfills in Arizona must comply with the requirements in paragraph (d) 
of this section.

[[Page 9390]]

    (f)(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. You may obtain copies at the EPA 
Region 9 office, 75 Hawthorne Street, San Francisco, California 94105, 
415-947-8000 or from the source(s) listed in this paragraph (f). Copies 
may be inspected at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
email [email protected] or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of Arizona, Pinal County Air Quality Control District. 
Clerk of the Board, Pinal County, PO Box 827, Florence, AZ 85232.
    (i) Pinal County Air Quality Control District Code of Regulations. 
Article 34: Standards of Performance for Existing Municipal Solid Waste 
Landfills--5-34-2050 Applicability, amended December 19, 2018.
    (ii) Pinal County Air Quality Control District Code of Regulations. 
6-1-030 Performance standards, Nos. 1, 2, and 75, amended December 19, 
2018.

0
3. Section 62.601 is revised to read as follows:


Sec.  62.601  Identification of sources.

    (a) The plan applies to all existing municipal solid waste 
landfills for which construction, reconstruction, or modification was 
commenced before May 30, 1991, as described in 40 CFR part 60, subpart 
Cc.
    (b) The plan in Sec.  62.600(b) applies to all existing municipal 
solid waste landfills under the jurisdiction of the Arizona Department 
of Environmental Quality for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014.
    (c) The plan in Sec.  62.600(c) applies to all existing municipal 
solid waste landfills under the jurisdiction of the Pinal County Air 
Quality Control District for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014.

0
4. Section 62.602 is revised to read as follows:


Sec.  62.602  Effective date.

    (a) The effective date of EPA approval of the plan is November 19, 
1999.
    (b) The effective date of the plan submitted on July 24, 2018 by 
the Arizona Department of Environmental Quality for municipal solid 
waste landfills is March 20, 2020.
    (c) The effective date of the plan submitted on March 4, 2019 by 
the Pinal County Air Quality Control District for municipal solid waste 
landfills is March 20, 2020.

[FR Doc. 2020-02506 Filed 2-18-20; 8:45 am]
 BILLING CODE 6560-50-P