[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Proposed Rules]
[Pages 9409-9411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02700]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2022-0741; FRL-10507-01-R4]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; South Carolina; 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 
South Carolina Department of Health and Environmental Control (SCDHEC) 
on January 19, 2022. This state plan was submitted to fulfill the 
requirements of the CAA and is responsive to EPA's promulgation of 
Emissions Guidelines and Compliance Times for municipal solid waste 
(MSW) landfills. The South

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Carolina state plan establishes emission limits for existing MSW 
landfills and provides for the implementation and enforcement of those 
standards and requirements.

DATES: Written comments must be received on or before March 16, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0741 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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. 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.

FOR FURTHER INFORMATION CONTACT: Tracy Watson, Communities and Air 
Toxics Section, Air Analysis and Support Branch, Air and Radiation 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
St. SW, Atlanta, Georgia 30303. The telephone number is (404) 562-8998. 
Mr. Watson can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 29, 2016, EPA finalized revised Standards of Performance 
for new MSW landfills and Emission Guidelines and Compliance Times for 
existing MSW landfills in 40 CFR part 60 subpart XXX and Cf, 
respectively (81 FR 59332 and 81 FR 59276). These actions were taken in 
accordance with section 111 of the CAA.
    Section 111(d) of the CAA requires EPA to establish a procedure for 
a state to submit a plan to EPA which establishes standards of 
performance for any existing source of 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. EPA established these requirements for state 
plan submittals in 40 CFR part 60, subpart B. 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 and 40 CFR part 62, subpart 
A. If the state plan is complete and approvable with reference to these 
requirements, EPA notifies the public, promulgates the plan pursuant to 
40 CFR part 62, and delegates implementation and enforcement of the 
standards and requirements of the emission guidelines to the state 
under the terms of the state plan as published in the CFR.
    On January 19, 2022, the SCDHEC submitted to EPA a formal section 
111(d) plan for existing MSW landfills. The section 111(d) plan was 
submitted in response to the August 29, 2016, promulgation, and the 
March 26, 2020, subsequent amendments, of the emission guidelines 
requirements for MSW landfills, 40 CFR part 60, Cf (81 FR 59276 and 85 
FR 17244, respectively).

II. Summary and Analysis of the Plan Submittal

    EPA has reviewed the South Carolina section 111(d) plan submittal 
in the context of the plan completeness and approvability requirements 
of 40 CFR part 60, subparts B and Cf, and part 62, subpart A. EPA is 
proposing to determine that the submitted section 111(d) plan meets the 
above cited requirements. The South Carolina state plan submittal 
package includes all materials necessary to be deemed administratively 
and technically complete according to the criteria of 40 CFR 60.27. 
Included within the section 111(d) plan are regulations under the South 
Carolina Code of State Regulations Annotated (S.C. Code Ann. Regs.) 
specifically, S.C. Code Ann. Regs. 61-62.60, Subpart Cf--``Performance 
Standards and Compliance Times for Existing Municipal Solid Waste 
Landfills.'' South Carolina houses its implementation and enforcement 
authority for the state plan requirements in this regulation. In this 
action, EPA is proposing to incorporate by reference S.C. Code Ann. 
Regs. 61-62.60, Subpart Cf, which became effective in the State of 
South Carolina on November 26, 2021. A detailed explanation of the 
rationale behind this proposed approval is available in the Technical 
Support Document (TSD) included in the docket for this action.

III. Proposed Action

    EPA is proposing to approve the South Carolina section 111(d) plan 
for MSW landfills pursuant to 40 CFR part 60, subparts B and Cf. 
Therefore, EPA is proposing to amend 40 CFR part 62, subpart PP to 
reflect this action. This approval is based on the rationale previously 
discussed and in further detail in the TSD associated with this action.
    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, EPA is proposing to include regulatory text that 
incorporates by reference the state plan. In accordance with 
requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference S.C. Code Ann. Regs. 61-62.60, Subpart Cf, which became 
effective in the State of South Carolina on November 26, 2021. The 
regulatory provisions of this section of the South Carolina rule 
incorporate all the CAA 111(d)/129 state plan elements required by the 
EG for existing MSW landfill units promulgated at 40 CFR part 60, 
subpart Cf. The emissions standards and compliance times established 
within the South Carolina state plan are at least as stringent as those 
required by the EG for existing MSW landfill units subject to subpart 
Cf. EPA has made, and will continue to make, these materials generally 
available through the docket for this action, EPA-R04-OAR-2022-0741, at 
https://www.regulations.gov and at EPA Region 4 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, EPA's role is to approve state 
choices, provided 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 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);

[[Page 9411]]

     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 proposed approval of South Carolina's state plan 
for existing MSW landfills 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 the EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Administrative practice and procedure, Air pollution control, 
Environmental protection, Landfills, Incorporation by reference, 
Intergovernmental relations, Methane, Ozone, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 3, 2023.
Daniel Blackman,
Regional Administrator Region 4.
[FR Doc. 2023-02700 Filed 2-13-23; 8:45 am]
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