[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Rules and Regulations]
[Pages 9673-9675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02507]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2019-0160; FRL-9999-79-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: 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 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: This final rule is effective on March 23, 2020. The 
incorporation by reference of certain material listed in the rule is 
approved by the Director of the Federal Register as of March 23, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0160. 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 31279), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed 
approval of a Clean Air Act (CAA) section 111(d) plan submitted by the 
Delaware Department of Natural Resources and Environmental Control 
(DNREC). The formal State Plan was submitted by Delaware on October 10, 
2017.

II. Summary of State 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 determining 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,

[[Page 9674]]

which is consistent with the requirements of 40 CFR part 60, subpart 
Cf. A detailed explanation of the rationale behind this approval is 
available in the Technical Support Document (TSD).
    Other specific requirements of Delaware'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 Delaware 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 I, 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 60.30f(c), as 
well as 7 DE Admin. Code 1120 Section 30.1.

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 Delaware Administrative Code 1120 (Section 30), effective July 11, 
2017, entitled ``Standards of Performance for Municipal Solid Waste 
Landfills After July 11, 2017,'' which is part of the CAA section 
111(d) plan applicable to existing MSW landfills in Delaware as 
discussed in section II of this preamble. The regulatory provisions of 
DE Admin. Code 1120 (Section 30). The regulatory provisions of DE 
Admin. Code 1120 (Section 30) incorporate by reference the Standards of 
Performance for Municipal Solid Waste landfills promulgated by EPA at 
40 CFR part 60, subpart XXX, and establish emission standards and 
compliance times for the control of methane and other organic compounds 
from MSW landfills, open or closed, located in Delaware, that commenced 
construction, modification, or reconstruction after July 17, 2014 or 
that have accepted waste after November 8, 1987 or that have additional 
capacity available to accept waste. EPA has made, and will continue to 
make, the Delaware plan, including DE Admin. Code 1120 (Section 30), 
generally available through www.regulations.gov, Docket No. EPA-R03-
OAR-2019-0160, 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 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 approving Delaware'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, Incorporation by 
reference, Intergovernmental relations, Landfills, Methane, Ozone, 
Reporting

[[Page 9675]]

and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

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


    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 I--Delaware

0
2. Section 62.1950 is revised to read as follows:


Sec.  62.1950   Identification of plan.

    (a) Section 111(d) plan for municipal solid waste landfills and the 
associated Delaware Department of Natural Resources, Division of Air 
and Waste Management, Regulation No. 20, Section 28, as submitted on 
April 23, 1998, to implement 40 CFR part 60, subpart Cc.
    (b) Control of Emissions from Existing Municipal Solid Waste 
Landfills, including Delaware Administrative Code 1120 (Section 30), 
submitted by the Delaware Department of Natural Resources and 
Environmental Control on October 10, 2017, to implement 40 CFR part 60, 
subpart Cf. The Plan includes the regulatory provisions cited in 
paragraph (d) of this section, which the EPA incorporates by reference.
    (c) After March 23, 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 Delaware must comply with the requirements in paragraph 
(b) of this section.
    (d)(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 at 
the EPA Region III office, 1650 Arch Street, Philadelphia, PA 19103, 
215-814-5000. You may inspect a copy 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 Delaware, Delaware Department of Natural Resources and 
Environmental Control, State of Delaware Administrative Code.
    (i) Title 7 Natural Resources and Environmental Control, 1120 New 
Source Performance Standards, 30.0 Standards of Performance for 
Municipal Solid Waste Landfills After July 11, 2017, dated July 11, 
2017.
    (ii) [Reserved]

0
3. Section 62.1951 is revised to read as follows:


Sec.  62.1951   Identification of sources.

    (a) The plan in Sec.  62.1950(a) applies to all Delaware existing 
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.  62.1950(b) applies to all existing municipal 
solid waste landfills under the jurisdiction of the Delaware Department 
of Natural Resources and Environmental Control for which construction, 
reconstruction, or modification was commenced on or before July 17, 
2014.

0
4. Section 62.1952 is revised to read as follows:


Sec.  62.1952   Effective date.

    (a) The effective date of the plan submitted on April 23, 1998 by 
the Delaware Department of Natural Resources and Environmental Control 
for municipal solid waste landfills is November 16, 1999.
    (b) The effective date of the plan submitted on October 10, 2017 by 
the Delaware Department of Natural Resources and Environmental Control 
for municipal solid waste landfills is March 23, 2020.

[FR Doc. 2020-02507 Filed 2-19-20; 8:45 am]
 BILLING CODE 6560-50-P