[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Proposed Rules]
[Pages 43259-43262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14036]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2023-0305; FRL-11112-01-R1]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; New Hampshire; Delegation of Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
publish its approval of delegation of authority to the New Hampshire 
Department of Environmental Services (NH DES) for implementing and 
enforcing the Federal Plan Requirements for Municipal Solid Waste 
Landfills That Commenced Construction On or Before July 17, 2014 and 
Have Not Been Modified or Reconstructed Since July 17, 2014 under the 
Clean Air Act (CAA). On February 6, 2023, the NHDES Commissioner signed 
a memorandum of agreement (MoA) concerning the delegation of authority 
of the Federal Plan for existing municipal solid waste landfills to 
NHDES by EPA. Subsequently, the MoA became effective upon signature of 
the EPA Region 1 Deputy Regional Administrator on June 27, 2023. This 
notice informs the public of the MoA, provides a copy of the signed 
document, and proposes amending regulatory text to acknowledge the 
delegation of authority.

DATES: Written comments must be received on or before August 7, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0305 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for

[[Page 43260]]

submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For either manner of submission, 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 https://www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are 
available at https://www.regulations.gov or at the U.S. Environmental 
Protection Agency, EPA Region 1 Regional Office, Air and Radiation 
Division, 5 Post Office Square--Suite 100, Boston, MA. EPA requests 
that if at all possible, you contact the contact listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures 
due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Jessica Kilpatrick, Air Permits, 
Toxics, and Indoor Programs Branch, Air and Radiation Division, U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Mail 
Code: 5-MI, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-
918-0652 Email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Proposed Action
III. Statutory and Executive Order Reviews

I. Background

    On May 21, 2021, EPA published a final rule in the Federal Register 
at 86 FR 27756 \1\ for Federal Plan Requirements for Municipal Solid 
Waste (MSW) Landfills That Commenced Construction On or Before July 17, 
2014, and Have Not Been Modified or Reconstructed Since July 17, 2014, 
pursuant to section 111(d) of the CAA. This Federal Plan implements the 
2016 Emission Guidelines, 40 CFR part 60, subpart XXX, Standards of 
Performance for Municipal Solid Waste Landfills That Commenced 
Construction, Reconstruction, or Modification After July 17, 2014, in 
areas without an approved state plan by requiring existing MSW 
landfills that reach a landfill gas emissions threshold of 34 metric 
tons of nonmethane organic compounds (NMOC) or more per year to install 
a system to collect and control landfill gas. Other requirements for 
applicable sources include emission limits, compliance schedules, 
testing, monitoring, reporting, and recordkeeping. The final rule 
established how a state can receive delegation of the MSW Landfills 
Federal Plan for implementation and enforcement authority on behalf of 
EPA. This procedure requires the state to submit a letter to EPA that 
(1) demonstrates that the State has adequate resources, as well as the 
legal and enforcement authority, to administer and enforce the program; 
(2) includes an inventory of designated MSW landfills, which includes 
those that have ceased operation, but have not been dismantled or 
rendered inoperable, and an inventory of the designated units' air 
emissions; (3) certifies that a public hearing was held on the state 
delegation request; and (4) includes an MoA between the State and the 
EPA that sets forth the terms and conditions of the delegation, the 
effective date of the agreement, and the mechanism to transfer 
authority.
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    \1\ https://www.govinfo.gov/content/pkg/FR-2021-05-21/pdf/2021-10109.pdf.
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    As a result of EPA's rulemaking, in July 2021 NHDES Air Resources 
Division staff expressed interest in acquiring delegation of authority 
to implement and enforce the Federal Plan for MSW landfills located in 
New Hampshire, in accordance with CAA section 112(l) and 40 CFR 63.91. 
On December 14, 2021 NHDES submitted to EPA Region 1 Air and Radiation 
Division staff a preliminary draft of an MoA between the State and EPA 
concerning this delegation. EPA and NHDES staff coordinated final edits 
to the document until an agreement was met between the parties. NHDES 
incorporated 40 CFR part 62, subpart OOO (Subpart OOO) Federal Plan 
Requirements for Municipal Solid Waste Landfills That Commenced 
Construction On or Before July 17, 2014 and Have Not Been Modified or 
Reconstructed Since July 17, 2014 into the New Hampshire Code of 
Administrative Rules, Chapter Env-A 500, Standards Applicable to 
Certain New or Modified Facilities and Sources of Hazardous Air 
Pollutants; State Plan for Designated Facilities and Pollutants, Part 
Env-A 506, State Plans for Designated Facilities and Pollutants. NHDES 
held a public hearing regarding the proposed rulemaking in accordance 
with 40 CFR 51.102 on February 22, 2022 in Concord, New Hampshire as 
well as virtually through WebEx software. The comment period lasted 
until March 4, 2022. That amendment became effective on May 25, 2022.
    On February 6, 2023 NHDES submitted to EPA a formal written request 
for delegation of authority to implement and enforce the Federal Plan 
for MSW landfills located in New Hampshire. The letter attached the 
following documents, Attachment 1: State Resources, Legal and 
Enforcement Authority, Attachment 2: Inventory of Designated MSW 
Landfills and Emission Summary, Attachment 3: Public Hearing 
Certification, Attachment 4: Public Hearing Certification, Attachment 
4: MoA between EPA and NHDES, and Attachment 5: Env-A 500, Standards 
Applicable to Certain New or Modified Facilities and Sources of 
Hazardous Air Pollutants; State Plans for Designated Facilities and 
Pollutants.
    After consideration of these materials, EPA determined that the 
request letter and attached documents adequately fulfilled the state 
delegation criteria provided in the final rulemaking notice. NHDES 
demonstrated that its air agency has the requisite authority and 
resources to administer and enforce the Federal Plan, via New 
Hampshire's Revised Statutes Annotated (RSA) 125-C:6 Powers and Duties 
of the Commissioner, 125-C:12 RSA Administrative Requirements, and RSA 
125-C:15 Enforcement. According to the submitted inventory, the State 
of New Hampshire currently has four active MSW landfills that are 
subject to Subpart OOO: Mount Carberry Secure Landfill (Success), Four 
Hills Solid Waste Landfill (Nashua), City of Lebanon Solid Waste 
Facility (Lebanon), and Lower Mount Washington Valley Secure Solid 
Waste Facility (Conway). NHDES provided a table of the reported NMOC 
annual emissions from these landfills from 2015 through 2021. The 
Certification of Public Process document, signed by Commissioner Scott 
on February 6, 2023, confirms the public hearing was held on February 
22, 2022 for ``Revision to Env-A 500, Standards Applicable to Certain 
New or Modified Facilities and Sources of Hazardous Air Pollutants; 
State Plans

[[Page 43261]]

for Designated Facilities and Pollutants and request for delegation of 
the following standards: 40 CFR part 62 Subpart OOO, Federal Plan 
Requirements for Municipal Solid Waste Landfills That Commenced 
Construction On or Before July 17, 2014 and Have Not Been Modified or 
Reconstructed Since July 17, 2014.''
    The Memorandum of Agreement Concerning the Delegation of Authority 
of the Federal Plan for Existing Municipal Solid Waste Landfills to the 
New Hampshire Department of Environmental Services by the United States 
Environmental Protection Agency includes the delegation conditions 
established, the authorities which NHDES assumes and EPA retains, a 
policy statement defining the responsibilities of both parties, program 
implementation procedures, reporting and transmittal of information 
requirements, and contact information. It states that the MoA is 
effective upon authorized signature by both NHDES and EPA and shall 
have an effective date of the last date on which it is signed. The 
mechanism to transfer authority is explicitly identified to be upon 
signature of both parties. Subsequently, EPA will publish a Federal 
Register action delegating NHDES the authority to implement and enforce 
the Federal Plan.
    The MoA was signed by the NHDES Commissioner on February 6, 2023 
and became effective upon signature of the EPA Region 1 Deputy Regional 
Administrator on June 27, 2023. The Federal Plan is codified at Title 
40 Code of Federal Regulations, Part 62, Subpart OOO. The text of EPA's 
and NHDES's MoA, effective June 27, 2023, is incorporated by reference 
in this docket.

II. Proposed Action

    EPA is proposing to amend regulatory text at 40 CFR part 62, 
subpart EE--New Hampshire to promulgate the approved delegation of 
authority to the NHDES for implementing and enforcing the Federal Plan 
Requirements for Municipal Solid Waste Landfills That Commenced 
Construction On or Before July 17, 2014 and Have Not Been Modified or 
Reconstructed Since July 17, 2014 at 40 CFR part 62, subpart OOO. The 
proposed regulatory text is included in this proposed rule.
    EPA is soliciting public comments on the proposed regulatory text 
or on other relevant matters. These comments will be considered before 
taking final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments to this proposed 
action by following the instructions listed in the ADDRESSES section of 
this Federal Register.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a State 
Plan submittal that complies with the provisions of the Act and 
applicable Federal regulations. CAA sections 111(d) and 129(b); 40 CFR 
part 60, subparts Ba and Cf; and 40 CFR part 62, subpart A; and 40 CFR 
62.04. Thus, in reviewing state plan submissions, EPA's role is to 
approve state choices, provided they meet the criteria of the CAA. 
Accordingly, this proposed 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);
     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); and
     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.
     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 rule 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 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

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Industrial facilities, Intergovernmental 
relations, Methane, Reporting and recordkeeping requirements, Waste 
treatment and disposal.

    Dated: June 27, 2023.
Karen McGuire,
Deputy Regional Administrator, EPA Region 1.

    Part 62 of chapter I, title 40 of the Code of Federal Regulations 
is proposed to be amended 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.

0
2. Revise Sec.  62.7405 to read as follows:


Sec.  62.7405  Identification of plan--delegation of authority.

    (a) Letter from the New Hampshire Department of Environmental 
Services (NHDES), submitted February 6, 2023, requested delegation of 
authority from the EPA to implement and enforce the Federal Plan 
Requirements for Municipal Solid Waste Landfills That Commenced 
Construction On or Before July 17, 2014 and Have Not Been Modified or 
Reconstructed Since July 17, 2014 (Existing MSW Landfills Federal Plan) 
at Subpart OOO of this part.
    (b) Identification of sources. The Existing MSW Landfills Federal 
Plan applies each municipal solid waste landfill that meets the 
following criteria:
    (1) Commenced construction, reconstruction, or modification on or 
before July 17, 2014.
    (2) Accepted waste at any time since November 8, 1987, or has 
additional capacity for future waste deposition.
    (c) On February 6, 2023, NHDES Commissioner Robert R. Scott signed 
the Memorandum of Agreement Concerning the Delegation of Authority

[[Page 43262]]


of the Federal Plan for Existing Municipal Solid Waste Landfills to the 
New Hampshire Department of Environmental Services by the United States 
Environmental Protection Agency. On June 27, 2023, Region 1 Deputy 
Regional Administrator Karen McGuire signed the MoA.
    (d) The delegation became fully effective as of June 27, 2023.

[FR Doc. 2023-14036 Filed 7-6-23; 8:45 am]
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