[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Proposed Rules]
[Pages 35044-35046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14029]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2021-0004; FRL-10025-48-Region 8]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Colorado; 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 Colorado Department of Public Health and Environment 
(CDPHE or the ``Department'') on March 23, 2021. This state plan was 
submitted to fulfill the requirements of the CAA and is responsive to 
the EPA's promulgation of Emission Guidelines and Compliance Times (EG) 
for existing municipal solid waste (MSW) landfills. The Colorado state 
plan establishes performance standards and other operating requirements 
for existing MSW landfills within the State of Colorado and provides 
for the implementation and enforcement of those standards and 
requirements by the Department.

DATES: Written comments must be received on or before August 2, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0004, 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 4:00 p.m., excluding federal holidays and facility closures.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6396, email address: 
[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 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, subpart B. State plan submittals for 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

[[Page 35045]]

action concerns the completeness and approvability of Colorado's 111(d) 
state plan for existing MSW landfills.

II. Summary and Analysis of the Plan Submittal

    The Executive Director of CDPHE submitted a final 111(d) state plan 
for existing MSW landfills on March 23, 2021 in response to the August 
29, 2016 finalization of the revised EG published at 40 CFR part 60, 
subpart Cf. The EPA has reviewed the Colorado plan submittal in the 
context of the plan completeness and approvability requirements found 
in 40 CFR part 60, subparts B and Cf, as well as the general provisions 
for plan approval found in 40 CFR part 62, subpart A. The EPA is 
proposing with this action to approve Colorado's submittal. If EPA 
finalizes the proposed action in a future final rulemaking, EPA will 
promulgate the plan under 40 CFR part 62, subpart G.
    The Colorado state plan submittal package includes all materials 
necessary to be deemed administratively and technically complete 
according to the criteria of 40 CFR part 60, subpart B. Colorado has 
chosen to author a state plan document (the ``111(d) Plan for Existing 
Municipal Solid Waste Landfills in Colorado'') and provide all 
implementation and enforcement authority for all state plan 
requirements through revisions to the Code of Colorado Regulations 
(CCR). Specifically, the State has appropriately incorporated all 
general EG performance standards and other source requirements in 5 CCR 
1001-8 and has given more specific instruction to designated facilities 
within the state plan document. Both the adopted state plan document 
and the relevant CCR section, as well as all other relevant plan 
submittal materials may be found in the docket for today's action. 
Necessary State legal and enforcement authorities required for plan 
approval are located elsewhere in Colorado statute, rules and 
regulations and have been reviewed and approved of by the EPA in the 
course of prior section 111(d) or 111(d)/129 state plan approvals. See 
40 CFR 62.1350-1400. Following the EPA's review of the submittal 
materials, the Agency finds the state plan package to be approvable 
according to all plan requirements.
    Analysis of the submitted state plan's completeness and 
approvability, with reference to the relevant general and source 
category specific plan requirements of 40 CFR part 60, subparts B 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 Colorado section 111(d) state 
plan for MSW landfills. The state plan was submitted in full compliance 
with the requirements of 40 CFR part 60, subparts B and Cf. Therefore, 
the EPA is proposing to amend 40 CFR part 62, subpart G 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 Agency's approval is in 
accordance with the general provisions of plan approval found in 40 CFR 
part 60, subpart B and in part 62, subpart A of that Title and is 
pursuant to the Agency's role under 42 U.S.C. 7411(d). The EPA's 
proposed approval of the Colorado plan is limited to those landfills 
that meet the criteria established in 40 CFR part 60, subpart Cf and 
grants the State authority to implement and enforce the performance 
standards and source requirements of the EG, except in those cases 
where authorities are specifically reserved for the EPA Administrator 
or his designee. Authorities retained by the EPA Administrator are 
those listed in 40 CFR 60.30f(c)

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference of the 
state plan. In accordance with requirements of 1 CFR 51.5, the EPA is 
proposing to incorporate by reference CDPHE and Colorado Air Quality 
Control Commission regulations regarding MSW landfills discussed in 
section II of this preamble. The EPA has made, and will continue to 
make, these materials available through the docket for this action, 
EPA-R08-OAR-2021-0004, at https://www.regulations.gov and at the EPA 
Region 8 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

    Under the CAA, the Administrator is required to approve a 111(d) 
state plan submittal that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7411(d); 40 CFR 62.02(a). 
Thus, in reviewing 111(d) plan submittals, the EPA's role is to approve 
state choices, provided that they meet the criteria of the CAA and the 
relevant provisions of 40 CFR part 60. Accordingly, this action merely 
proposes to approve 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);
     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, the Colorado 111(d) 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, Incorporation by 
reference, Intergovernmental relations, Landfills, Methane, Ozone, 
Reporting

[[Page 35046]]

and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

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

    Dated: June 25, 2021.
Debra H. Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2021-14029 Filed 6-30-21; 8:45 am]
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