[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66607-66609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17991]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2023-0190; FRL-12117-02-R5]


Air Plan Approval; Indiana; Ozone SIP Modifications Due to the 
Municipal Solid Waste Landfill Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Indiana Department of Environmental Management's (IDEM) request to 
repeal and replace portions of the Indiana Administrative Code (IAC) 
for Lake, Porter, Clark, and Floyd Counties in Indiana. This new 
regulation includes Federal updates to municipal solid waste landfill 
rules with the incorporation by reference of the Federal plan for 
Municipal Solid Waste Landfills. EPA finds that this action is 
approvable because it is consistent with the EPA's Emission Guidelines 
for Municipal Solid Waste Landfills and is a SIP strengthening measure.

DATES: This direct final rule will be effective October 15, 2024, 
unless EPA receives adverse comments by September 16, 2024. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0190 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at https://www.regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from the 
docket. EPA may publish any comment received to its public docket. Do 
not submit electronically any information you consider to be 
Confidential Business Information (CBI), Proprietary Business 
Information (PBI), 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, please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section. For the full EPA public comment policy, information about CBI, 
PBI, or multimedia submissions, and general guidance on making 
effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Katie Mullen, Air and Radiation 
Division (AR18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490, 
[email protected]. The EPA Region 5 office is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding Federal holidays.

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

I. What is the background of this SIP submission?

    Municipal solid waste landfills (MSWLFs) are discrete areas of land 
or excavation that receive household waste or other types of 
nonhazardous wastes such as commercial solid waste, nonhazardous 
sludge, and industrial nonhazardous solid waste. The original New 
Source Performance Standards (NSPS) (40 CFR part 60, subpart WWW) for 
MSWLFs and Emission Guidelines (40 CFR part 60, subpart Cc) for 
existing MSWLFs were promulgated by EPA on March 12, 1996 (61 FR 9905), 
based on the determination that MSWLFs cause or significantly 
contribute to air pollution that is considered to endanger public 
health and welfare.
    326 IAC 8-8 implements the Federal 1996 Emission Guidelines and 
applies to landfills located in Lake, Porter, Clark, and Floyd 
counties. On January 17, 1997, EPA approved 326 IAC 8-8 into Indiana's 
SIP to address volatile organic compound (VOC) emission reductions for 
the nonattainment counties under the 1-hour ozone National Ambient Air 
Quality Standard (NAAQS). Specifically, 326 IAC 8-8 addresses Indiana's 
15% Rate of Progress Plan to control VOC emissions in Clark and Floyd 
Counties and is included in the VOC contingency plans for Lake and 
Porter Counties (January 17, 1997, 62 FR 2591).
    On August 29, 2016, EPA revised the MSWLF NSPS and Emission 
Guidelines in 40 CFR part 60, subparts XXX and Cf, respectively (81 FR 
59332; 81 FR 59276). The 2016 Emission Guidelines revision updates the 
control requirements and monitoring, reporting, and recordkeeping 
provisions for existing MSWLF sources. In particular, the 2016 
Emissions Guidelines implement changes to existing landfills that lower 
the emissions threshold of non-methane organic compounds (which include 
VOCs), at which an operator must install controls.
    On May 21, 2021, EPA promulgated 40 CFR part 62, subpart OOO as the 
Federal plan for existing landfills (86 FR 27770). Indiana promulgated 
326 IAC 8-8.2 to incorporate by reference the Federal plan to use as 
the underlying rule which implements and enforces the applicable 
provisions under the MSWLF 2016 Emission Guidelines in 40 CFR part 60, 
subpart Cf.
    Consequently, MSWLFs in Indiana are subject to both 326 IAC 8-8 and 
the Federal plan for existing landfills if EPA does not repeal 326 IAC 
8-8 and replace it with rule 326 IAC 8-8.2.

II. What is EPA's analysis of the SIP revision

    326 IAC 8-8.2 includes Federal updates to MSWLF rules with the 
incorporation by reference of the Federal plan for MSWLFs at 40 CFR 
part 62, subpart OOO. The Federal plan implements and enforces the 2016 
MSWLF Emission Guidelines, codified in 40 CFR part 60, subpart Cf.
    The updated 2016 Emission Guidelines apply to landfills 
constructed, modified, or reconstructed on or before July 17, 2014. 
These Emission Guidelines achieve additional emissions reductions of 
landfill gas and its components, including VOCs, by lowering the 
emissions threshold at which a landfill must install controls.
    In particular, the 2016 Emission Guidelines are more stringent 
since they require affected landfills to install and operate gas 
collection control systems within 30 months after landfill gas 
emissions reach a new, lower threshold of 34 metric tons of non-methane 
organic compounds, which includes VOCs, or more per year. This 
threshold previously was higher at 50 metric tons per year in the 1996 
Emission

[[Page 66608]]

Guidelines, which is incorporated in 326 IAC 8-8.
    In addition, the 2016 Emission Guidelines address other regulatory 
issues, including surface emissions monitoring, wellhead monitoring, 
and the definition of landfill gas treatment system.
    Since 326 IAC 8-8.2 is more stringent than 326 IAC 8-8 and reflects 
EPA's most recent Federal rulemaking on MSWLFs, EPA approves this 
regulation to replace 326 IAC 8-8.

III. What action is EPA taking?

    EPA is approving 326 IAC 8-8.2 for Lake, Porter, Clark, and Floyd 
Counties in Indiana and the repeal of 326 IAC 8-8 for those same 
counties. EPA is approving 326 IAC 8-8.2 as a VOC SIP strengthening 
measure.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the State plan if relevant adverse 
written comments are filed. This rule will be effective October 15, 
2024 without further notice unless we receive relevant adverse written 
comments by September 16, 2024. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
October 15, 2024.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Indiana 
Regulations 326 IAC 8-8.2 effective March 10, 2023, described in 
section II of this preamble and set forth in the amendments to 40 CFR 
part 52 below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov and at the EPA Region 5 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\1\
    Also in this document, as described in Section II of this preamble 
and the amendments to 40 CFR part 52 set forth below, EPA is removing 
provisions of the EPA-Approved Indiana Regulations from the Indiana 
SIP, which is incorporated by reference in accordance with the 
requirements of 1 CFR part 51.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     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 Clean Air Act.
    In addition, the SIP 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 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).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    IDEM did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving EJ for people of color, low-income populations, 
and Indigenous peoples.

[[Page 66609]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.

    Dated: August 7, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. In Sec.  52.770, the table in paragraph (c) is amended under 
``Article 8. Volatile Organic Compound Rules'' by removing the entry 
``Rule 8. Municipal Solid Waste Landfills Located in Clark, Floyd, 
Lake, and Porter Counties:'' and adding in numerical order the entry 
``Rule 8.2. Federal Standards Applicable to Certain Municipal Solid 
Waste Landfills'' to read as follows:


Sec.  52.770  Identification of plan.

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    (c) * * *

                                        EPA Approved Indiana Regulations
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                                                         Indiana
      Indiana citation                Subject           effective       EPA approval date            Notes
                                                           date
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                                   Article 8. Volatile Organic Compound Rules
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                                                  * * * * * * *
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                Rule 8.2. Federal Standards Applicable to Certain Municipal Solid Waste Landfill
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8-8.2......................  Adoption of federal         12/8/2021  8/16/2024, [INSERT FIRST  ..................
                              standards applicable to                PAGE OF FEDERAL
                              certain municipal solid                REGISTER CITATION].
                              waste landfills.
 
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[FR Doc. 2024-17991 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P