[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Proposed Rules]
[Pages 68538-68540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23985]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2020-0516; FRL-10015-82--Region 8]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; South Dakota; 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 or the ``Act'') section 111(d) state plan 
submitted by the South Dakota Department of Environment and Natural 
Resources (DENR or the ``Department'') on January 3, 2020. This plan 
was submitted to fulfill the requirements of the CAA and is responsive 
to the EPA's promulgation of Emission Guidelines and Compliance Times 
for existing municipal solid waste (MSW) landfills. The South Dakota 
state plan establishes performance standards and other operating 
requirements for existing MSW landfills within the State of South 
Dakota and provides for the implementation and enforcement of those 
standards and requirements by the Department.

DATES: Written comments must be received on or before November 30, 
2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2020-0516, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.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, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air and Radiation 
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8:00 a.m. 
to 4 p.m., excluding federal holidays and facility closures.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-TRM, 1595 Wynkoop Street, 
Denver, Colorado, 80202-1129, (303) 312-6396, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On August 29, 2016, the EPA finalized revised Standards of 
Performance (NSPS) for new MSW landfills and Emission Guidelines and 
Compliance Times (EG) for existing MSW landfills in 40 CFR part 60, 
subparts XXX and Cf, respectively. See 81 FR 59331 and 59313. These 
rulemaking actions were taken in accordance with section 111 of the 
CAA. Section 111(d) of the Act requires the EPA establish procedures 
for a state to submit a plan to the Agency that establishes standards 
of performance for any `existing' source 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 new source performance standard under section 111(b) would 
apply if such existing source were a `new' source. The EPA established 
general provisions for submittal of state plans for 111(d) sources in 
40 CFR part 60,

[[Page 68539]]

subpart B and has recently promulgated revised general provisions for 
CAA 111(d) state plans in Subpart Ba of that same Part and Title of the 
CFR. See 84 FR 32575. State plan submittals for CAA section 111(d) 
sources must be consistent with the requirements of these general 
provisions and also establish performance standards and other 
requirements at least as stringent as those established by the relevant 
EG as published in 40 CFR part 60. Upon state plan submittal, the EPA 
reviews a state's plan for consistency with the requirements of the 
general provisions and specific EG. If the state plan is complete and 
approvable with reference to these requirements, the Agency notifies 
the public, promulgates the plan in 40 CFR part 62 and delegates 
implementation and enforcement of the standards and requirements of the 
EG to the state under the terms of the state plan as published in the 
CFR. Today's action concerns the completeness and approvability of 
South Dakota's CAA section 111(d) state plan for existing MSW 
landfills.
    Under the new Ba implementing regulations and Section 111(d), state 
plan submittal must meet the completeness requirements of 40 CFR part 
60, subpart Ba, sections 60.23a and 60.27a(g). Section 60.27a(g) states 
that: ``Any plan or plan revision that a State submits to the EPA, and 
that has not been determined by the EPA by the date 6 months after 
receipt of the submission to have failed to meet the minimum criteria, 
shall on that date be deemed by operation of law to meet such minimum 
criteria.'' 40 CFR 60.27a(g)(1).
    The Secretary of the South Dakota DENR submitted a final CAA 
section 111(d) state plan for existing MSW landfills on January 3, 2020 
in response to the August 29, 2016 promulgation, mentioned above in 
this preamble, of the EG for such designated facilities at 40 CFR part 
60, subpart Cf. Six months have passed since the date of the plan 
submission. Therefore, the plan is deemed to have met the completeness 
criteria in 40 CFR 60.27a(g).

II. Summary and Analysis of the Plan Submittal

    The EPA has reviewed the South Dakota 111(d) plan submittal in the 
context of the plan completeness and approvability requirements found 
in 40 CFR part 60, subparts B, Ba and Cf, and part 62, subpart A. The 
EPA is proposing with this action to determine that the submitted 
section 111(d) plan meets the above cited requirements. The South 
Dakota state plan submittal package includes all materials necessary to 
be deemed administratively and technically complete according to the 
criteria of 40 CFR 60.27a(g). South Dakota has chosen to author a state 
plan document and provide all implementation and enforcement authority 
for all state plan requirements through revisions to the Administrative 
Rules of South Dakota (ARSD). Specifically, the State has appropriately 
incorporated all EG performance standards and other source requirements 
in ARSD article 74:36, section 01:19 and sections 07:94-145. Both the 
State plan document, the relevant ARSD sections, and all other relevant 
plan submittal materials may be found in the docket for this action. 
Necessary State legal and enforcement authorities required for plan 
approval are located elsewhere in South Dakota statute, rules and 
regulations and have been reviewed and approved of by the EPA in the 
course of prior CAA section 111(d) or 111(d)/129 state plan approvals. 
See 40 CFR 62.10350-10362. Following the EPA's review of the submittal 
materials, the Agency finds the State plan package to be approvable 
according to all plan requirements.
    In this action, EPA is proposing to incorporate by reference (IBR) 
Article 74:36, Chapter 1, section 19 and Chapter 7, sections 94-145 of 
the ARSD, which became effective in the State of South Dakota on 
November 25, 2019. Analysis of the submitted plan's completeness and 
approvability, with reference to the relevant general and source 
category specific plan requirements of 40 CFR part 60, subparts B, Ba 
and Cf, and a detailed explanation of the rationale supporting this 
proposed approval is available in the Technical Support Document (TSD) 
in the docket of this proposed rule.

III. Proposed Action

    The EPA is proposing to approve the South Dakota section 111(d) 
state plan for MSW landfills pursuant to 40 CFR part 60, subparts B, 
Ba, and Cf. Therefore, the EPA is proposing to amend 40 CFR part 62, 
subpart QQ to reflect this approval action. This approval is based on 
the rationale provided in section II of this preamble and discussed in 
detail in the TSD associated with this rulemaking action. The scope of 
the proposed approval is limited to the provisions of 40 CFR parts 60 
and 62. The EPA's proposed approval of the South Dakota plan is limited 
to those landfills that meet the criteria established in 40 CFR part 
60, 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).

IV. Incorporation by Reference

    In this document, the EPA is proposing to incorporate by reference 
DENR 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 available through the 
docket for this action, EPA-R08-OAR-2020-0516, at https://www.regulations.gov, and at the EPA Region VIII 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 111(d) plan approvals are exempted 
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

[[Page 68540]]

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 South Dakota state plan for existing MSW landfills 
is not approved to apply on any Indian reservation land or in any other 
area where EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian country, the proposed rule 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, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: October 23, 2020.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2020-23985 Filed 10-28-20; 8:45 am]
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