[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Rules and Regulations]
[Pages 45327-45329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15499]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R09-OAR-2019-0344; FRL-10001-01-Region 9]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Arizona; 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 taking final 
action to approve a state plan submitted by the State of Arizona. This 
state plan submittal pertains to the regulation of landfill gas and its 
components, including methane, from existing municipal solid waste 
(MSW) landfills. Arizona's 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 final rule is effective on August 27, 2020. The 
incorporation by reference of certain material listed in the rule is 
approved by the Director of the Federal Register as of August 27, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0344. 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

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III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On July 8, 2019 (84 FR 32363), the EPA proposed to approve a 
section 111(d) plan submitted by the Arizona Department of 
Environmental Quality (ADEQ) 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 Arizona Administrative Code 
(A.A.C.), specifically at A.A.C. R18-2-731 entitled, ``Standards of 
Performance for Existing Municipal Solid Waste Landfills,'' and A.A.C. 
R18-2-901(79), entitled ``Standards of Performance for New Stationary 
Sources,'' effective July 6, 2018. A detailed explanation of the 
rationale behind this proposed approval is available in the Technical 
Support Document (TSD).
    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 ADEQ.

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 A.A.C. R18-2-731, entitled ``Standards of Performance for Existing 
Municipal Solid Waste Landfills,'' and A.A.C. R18-2-901(80), entitled 
``Standards of Performance for New Stationary Sources,'' effective 
August 10, 2018, which is part of the CAA section 111(d) plan 
applicable to existing MSW landfills in 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 Arizona 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 
Arizona plan, generally available through www.regulations.gov, Docket 
No. EPA-R03-OAR-2019-0344, 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 September 28, 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

[[Page 45329]]

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.

Deborah Jordan,
Acting Regional Administrator, Region IX.

    Note:  The EPA fully approved Arizona's state plan on August 30, 
2019, when the EPA signed an unpublished hard copy of a Notice of 
Final Rulemaking that is identical to this electronically signed 
notice. Arizona's state plan will become effective on the date set 
forth herein.

    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 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 August 27, 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)(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 listed in this paragraph (d). 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, Arizona Secretary of State, 1700 W Washington 
St Floor 7, Phoenix, AZ 85007.
    (i) Title 18 Arizona Administrative Code, Title 2. Department of 
Environmental Quality--Air Pollution Control:
    (A) Article 7. Existing Stationary Source Performance Standards 
R18-2-731 Standards of Performance for Existing Municipal Solid Waste 
Landfills, effective August 10, 2018.
    (B) Article 9. New Source Performance Standards R18-2-901 Standards 
of Performance for New Stationary Sources, paragraph (80), effective 
August 10, 2018.
    (ii) [Reserved]

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.

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 August 27, 2020.

[FR Doc. 2020-15499 Filed 7-27-20; 8:45 am]
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