[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Proposed Rules]
[Pages 14621-14622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05009]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R10-OAR-2020-0074; FRL-FRL 10006-46-Region 10]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Oregon Department of Environmental Quality; 
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 Clean Air Act (CAA) section 111(d) plan submitted by the 
Oregon Department of Environmental Quality (ODEQ). This state plan 
establishes emission limits for existing municipal solid waste (MSW) 
landfills and provides for the implementation and enforcement of these 
limits. ODEQ submitted this state plan to fulfill its requirements 
under section 111(d) of the CAA in response to the EPA's promulgation 
of Emissions Guidelines and Compliance Times for MSW landfills.

DATES: Written comments must be received on or before April 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0074 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Geoffrey Glass (he/him), U.S. EPA, 
Region 10, 1200 Sixth Avenue, Suite 155, Mailcode: 15-H13, Seattle, 
Washington 98101. He can also be reached by phone at (206) 553-1847 or 
by email at [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. 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 that 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 these requirements for state plan submittals in 40 
CFR part 60, subpart B.\1\ 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.
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    \1\ The EPA adopted new implementing regulations for Emission 
Guidelines on July 8, 2019, by promulgating 40 CFR part 60, subpart 
Ba. (84 FR 32575) The EPA adopted the new subpart Ba implementing 
regulations for Municipal Solid Waste Landfills and they became 
effective on September 6, 2019 (84 FR 44547 (August 26, 2019)) after 
ODEQ submitted its state plan.
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    On August 2, 2019, ODEQ submitted to the EPA a section 111(d) plan 
for existing MSW landfills. The submitted section 111(d) plan was in 
response to the August 29, 2016 promulgation of federal emission 
guidelines requirements for MSW landfills, 40 CFR part 60, subpart Cf 
(81 FR 59332).

II. Summary of the Plan and EPA Analysis

    The EPA has reviewed the ODEQ 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 ODEQ's section 111(d) plan meets the above-cited requirements. On 
July 19, 2019, Oregon amended the Oregon Administrative Rules at 
Chapter 340, Division 236 (OAR 340-236-500) by incorporating regulatory 
language to

[[Page 14622]]

implement the emission guidelines for MSW landfills. The primary 
mechanism used by ODEQ to implement the emission guidelines for 
existing MSW landfills under state jurisdiction is through 
incorporation by reference of 40 CFR part 60, subpart Cf requirements 
into OAR 340-236-500. The changes ODEQ has made to the language in the 
emission guidelines were made to convert the language in the Emission 
Guidelines to enforceable requirements. These regulations will be 
applicable to MSW landfills in the state of Oregon under the plan upon 
the EPA's approval of the plan by final rulemaking.\2\ A detailed 
explanation of the rationale behind this proposed approval is available 
in the Technical Support Document (TSD).
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    \2\ In its submittal, ODEQ demonstrated that the Lane Regional 
Air Protection Agency, a local clean air agency in Lane County, has 
authority adequate to implement and enforce the section 111(d) plan, 
but states that, at this time, there are no affected sources in Lane 
County.
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III. Proposed Action

    The EPA is proposing to approve the ODEQ 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 MM to 
reflect this action. This approval is based on the rationale previously 
discussed in this document 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.
    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 discussed in our previous approval of Oregon's MSW Landfill 
Plan, because the five-day notice provision in the Oregon Revised 
Statutes (ORS) 468.126(1) could preclude enforcement of the plan in 
some instances, application of the notice provision would disqualify 
the plan for EPA approval. Accordingly, pursuant to ORS 468.126(2)(e) 
and consistent with a letter from the state of Oregon, the five-day 
notice requirement of ORS 468.126(1) does not apply in the case of 
violations of the MSW Landfill Plan, even if requirements of the plan 
are incorporated into a permit. 63 FR 34816, 34817 (June 26, 1998).

IV. Incorporation by Reference

    In this document, the EPA is proposing to incorporate by reference 
ODEQ rules regarding MSW landfills discussed in section II of this 
preamble in accordance with the requirements of 1 CFR 51.5. The EPA has 
made, and will continue to make, these materials generally available 
through https://www.regulations.gov, Docket ID No. EPA-R10-OAR-2020-
0074, and at the EPA Region 10 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 (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, this proposed approval of the ODEQ plan submittal for 
existing MSW landfills does not apply in Indian Country. Therefore, the 
state plan does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000.

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,Volatile organic 
compounds.

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

    Dated: February 28, 2020.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-05009 Filed 3-12-20; 8:45 am]
 BILLING CODE 6560-50-P