
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Proposed Rules]
[Pages 52162-52168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20897]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0215; FRL-9928-96-OAR]
RIN 2060-AM08


Standards of Performance for Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental proposal.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is issuing this 
supplemental proposal for the Standards of Performance for Municipal 
Solid Waste (MSW) Landfills to address the nonmethane organic compound 
(NMOC) emission rate threshold at which an affected MSW landfill must 
install controls. The EPA is in the process of reviewing the Standards 
of Performance for MSW Landfills based on changes in the landfills 
industry since the standards were promulgated in 1996 and issued a 
proposed rulemaking on July 17, 2014. The EPA's review of the Standards 
of Performance for MSW Landfills (also referred to as the New Source 
Performance Standards or NSPS for MSW Landfills) applies to landfills 
that commenced construction, reconstruction, or modification after July 
17, 2014.
    This document proposes to achieve additional reductions of landfill 
gas (LFG) and its components, including methane, through a lower 
emission threshold at which MSW landfills must install and operate a 
gas collection and control system (GCCS). This document supplements the 
proposed July 17, 2014, rulemaking by further lowering, from 40 
megagrams per year (Mg/yr) to 34 Mg/yr, the proposed NMOC emissions 
threshold at which controls would be required. This change to the 2014 
proposed threshold is based on additional data we have reviewed that 
indicate greater potential for reductions in methane emissions from 
these sources than we originally estimated that can be achieved at 
reasonable cost. Accordingly, the EPA is proposing to establish the 
NMOC emission rate threshold for installing a GCCS at 34 Mg/yr and is 
requesting comment specifically on whether this is appropriate. The EPA 
is also soliciting comment on the number of facilities that might 
ultimately become subject to proposed new subpart XXX. The EPA intends 
to consider the information received in response to this supplemental 
proposal prior to finalizing revised Standards of Performance for MSW 
Landfills. The EPA is seeking comment only on the two issues addressed 
by this supplemental proposal and the supplemental proposal does not 
otherwise reopen the comment period for the July 17, 2014, proposed 
rule.

DATES: Comments. Comments must be received on or before October 26, 
2015. Under the Paperwork Reduction Act (PRA), comments on the 
information collection provisions are best assured of consideration if 
the Office of Management and Budget (OMB) receives a copy of your 
comments on or before September 28, 2015.
    Public Hearing. If anyone contacts the EPA requesting a public 
hearing by September 1, 2015, the EPA will hold a public hearing on 
September 11, 2015 from 1:00 p.m. (Eastern Standard Time) to 5:00 p.m. 
(Eastern Standard Time) at the location in the ADDRESSES section. If no 
one contacts the EPA requesting a public hearing to be held concerning 
this proposed rule by September 1, 2015, a public hearing will not take 
place. Information regarding whether or not a hearing will be held will 
be posted on the rule's Web site located at http://www.epa.gov/ttnatw01/landfill/landflpg.htm. Please contact Ms. Aimee St. Clair at 
(919) 541-1063 or at stclair.aimee@epa.gov to register to speak at the 
hearing. The last day to pre-register to speak at the hearing will be 
September 8, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0215, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. 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.
    Public Hearing. If a public hearing is held, it will be at the U.S. 
Environmental Protection Agency building located at 109 T.W. Alexander 
Drive, Research Triangle Park, NC 27711. Information regarding whether 
or not a hearing will be held will be posted on the rule's Web site 
located at http://www.epa.gov/ttnatw01/landfill/landflpg.htm.
    Please see section I.C of the Supplementary Information for 
detailed information on the public hearing.
    Docket: All documents in the docket are listed in the http://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 http://www.regulations.gov or in hard copy at the EPA Docket Center 
(EPA/DC), EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Docket Center is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744, and the telephone number 
for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
supplemental proposal, contact Ms. Hillary Ward, Fuels and Incineration 
Group, Sector Policies and Programs Division, Office of Air Quality 
Planning and Standards (E143-05), Environmental Protection Agency, 
Research Triangle Park, NC 27711; telephone number: (919) 541-3154; fax

[[Page 52163]]

number: (919) 541-0246; email address: ward.hillary@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

CAA Clean Air Act
CBI Confidential business information
CFR Code of Federal Regulations
CO2 Carbon dioxide
CO2e Carbon dioxide equivalent
EPA Environmental Protection Agency
GCCS Gas collection and control system
GHG Greenhouse gas
GHGRP Greenhouse Gas Reporting Program
ICR Information collection request
LFG Landfill gas
m\3\ Cubic meters
Mg Megagram
Mg/yr Megagram per year
MSW Municipal solid waste
mtCO2e Metric tons of carbon dioxide equivalent
NMOC Nonmethane organic compound
NSPS New source performance standards
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management & Budget
RFA Regulatory Flexibility Act
RIA Regulatory impacts analysis
U.S. United States
VCS Voluntary consensus standard

    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose of This Regulatory Action
    A. Background
    B. Proposed NMOC Emission Rate Threshold
    C. Public hearing
II. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Background and Purpose of This Regulatory Action

    The purpose of this regulatory action is to propose and take 
comment on a supplemental change to the proposed Standards of 
Performance for MSW Landfills resulting from the EPA's ongoing review 
of the standards under Clean Air Act (CAA) section 111. The EPA is also 
soliciting comments on the number of facilities that might ultimately 
become subject to proposed new 40 CFR part 60, subpart XXX.

A. Background

    On July 17, 2014, the EPA proposed a new NSPS subpart (40 CFR part 
60, subpart XXX) based on its ongoing review of the MSW Landfills NSPS 
(40 CFR part 60, subpart WWW) (79 FR 41796) (referred to as ``NSPS 
proposal'' in this document). The NSPS proposal is consistent with 
President Obama's Climate Action Plan and corresponding Methane 
Strategy. The June 2013 Climate Action Plan directed federal agencies 
to focus on ``assessing current emissions data, addressing data gaps, 
identifying technologies and best practices for reducing emissions, and 
identifying existing authorities and incentive-based opportunities to 
reduce methane emissions.'' Methane is a potent greenhouse gas (GHG) 
that has a warming potential that is 28-36 times greater than carbon 
dioxide (CO2) and has an atmospheric life of about 12 years. 
Given methane's potency as a GHG and its atmospheric life, reducing 
methane emissions is one of the best ways to achieve near-term 
beneficial impact in mitigating global climate change. The March 2014 
``Climate Action Plan: Strategy to Reduce Methane Emissions'' (the 
Methane Strategy) directed the EPA to continue to pursue emission 
reductions through regulatory updates and to encourage LFG energy 
recovery through voluntary programs.
    The proposed new subpart retained the same design capacity size 
thresholds of 2.5 million cubic meters (m\3\) and 2.5 million Mg as 40 
CFR part 60, subparts Cc and WWW, but lowered the NMOC emission rate at 
which an MSW landfill must install controls to 40 Mg/yr. Several 
additional options for revising the NMOC emission rate were also 
presented, including an NMOC emission rate of 34 Mg/yr. Since 
presenting these options, the EPA has updated its model that estimates 
the emission reductions and cost impacts of changes to the design 
capacity thresholds and/or the NMOC emission rate trigger based on 
public comments and new data. This supplemental proposal provides 
information about these updates for public review and comment.

B. Proposed NMOC Emission Rate Threshold

    For the reasons presented below, the EPA is now proposing to 
establish the NMOC emissions threshold for requiring installation of a 
GCCS in proposed subpart XXX (of 40 CFR part 60) at 34 Mg/yr, rather 
than the 40 Mg/yr proposed on July 17, 2014, and is requesting specific 
comments on whether this is appropriate. The EPA is not proposing to 
revise the design capacity threshold of 2.5 million m\3\ and 2.5 
million Mg.
    For the July 17, 2014, NSPS proposal, the EPA estimated the 
emission reductions and costs associated with 17 new ``greenfield'' MSW 
landfills that the EPA projected to commence construction, 
reconstruction, or modification between 2014 and 2018 and have a design 
capacity of 2.5 million m\3\ and 2.5 million Mg. The basis of the 
projected number of new landfills and associated emission reductions 
are presented in the MSW Landfills NSPS Docket ID No. EPA-HQ-OAR-2003-
0215 (see the docketed memorandum ``Methodology for Estimating Cost and 
Emission Impacts of MSW Landfills Regulations. 2014''). Multiple 
commenters on the MSW Landfills NSPS proposal stated that the EPA 
underestimated the cost impacts of the proposed NSPS because the EPA 
failed to consider the number of MSW landfills that are expected to 
become subject to the proposed NSPS through modification.
    In response to these comments, the EPA consulted with its Regional 
Offices, as well as state and local authorities, to identify landfills 
expected to undergo a modification as defined in proposed 40 CFR part 
60, subpart XXX within the next 5 years. Based on this information, the 
EPA estimated the number of existing landfills likely to modify after 
July 17, 2014, and thereby become subject to proposed subpart XXX. In 
addition, the EPA made several changes to its underlying dataset and 
methodology used to analyze the impacts of potential control options, 
as discussed in the docketed memoranda, ``Updated Methodology for 
Estimating Cost and Emission Impacts of MSW Landfills Regulations. 
2015,'' and ``Updated Methodology for Estimating Testing and Monitoring 
Costs for the MSW Landfill Regulations. 2015.'' The EPA also updated 
the technical attributes of over 1,200 landfills based on new detailed 
data reported to 40 CFR part 98, subpart HH of the Greenhouse Gas 
Reporting Program (GHGRP). A detailed discussion of updates made to the 
landfill dataset is in the docketed

[[Page 52164]]

memorandum, ``Summary of Updated Landfill Dataset Used in the Cost and 
Emission Reduction Analysis of Landfills Regulations. 2015.''
    As a result of the changes to the dataset, the number and 
characteristics of new landfills that the EPA projected to commence 
construction, reconstruction, or modification between 2014 and 2018 and 
modified landfills that are expected to become subject to proposed 40 
CFR part 60, subpart XXX have changed.\1\ Based on the revised dataset, 
the number of landfills estimated to be affected by proposed subpart 
XXX went from 17 new landfills to 140 new or modified landfills, 
assuming a design capacity of 2.5 million m\3\ and 2.5 million Mg.
---------------------------------------------------------------------------

    \1\ Under CAA section 111(a) and proposed 40 CFR part 60, 
subpart XXX the term new landfills encompasses both greenfield 
facilities and facilities that meet proposed subpart XXX's 
definition of ``modification''. Because the characteristics of a 
greenfield site and an existing landfill that undergoes modification 
are different, the dataset distinguishes between the two types of 
facilities.
---------------------------------------------------------------------------

    Using the revised dataset, the EPA re-ran the model using control 
options similar to the options presented in the proposed NSPS. The 
EPA's analysis showed that lowering the NMOC emission rate threshold to 
34 Mg/yr NMOC would accelerate the schedule for installing a GCCS and 
also increase the number of landfills required to install controls, 
thereby achieving additional reductions in emissions of both NMOC and 
methane.
    On July 17, 2014, the EPA proposed an NMOC threshold of 40 Mg/yr 
and discussed an alternative NMOC emission threshold of 34 Mg/yr in the 
NSPS proposal and in an Advanced Notice of Proposed Rulemaking (ANPRM) 
for the Emission Guidelines (for existing landfills). The EPA 
considered the information received in response to the ANPRM in 
evaluating whether additional changes beyond those in the proposed 
revisions for new sources are warranted (79 FR 41772). Commenters on 
the proposed NSPS for new landfills and the ANPRM for existing 
landfills expressed mixed reactions to a lower NMOC emission rate 
threshold. Several nongovernmental organizations and a local government 
entity supported a reduction in the NMOC emissions threshold. One state 
agency provided examples of existing landfills controlling emissions in 
its state with estimated NMOC emission rates as low as 8.1 Mg/yr.
    In contrast, several commenters were concerned with the financial 
and technical implications of lowering the threshold, including whether 
landfills were financially prepared to install controls at an earlier 
time, or whether landfills would lose potential carbon credit revenue 
from voluntary projects. Another state agency expressed concerns that 
landfills in arid areas would have difficulty continuously operating a 
flare at landfills with lower quality gas that emit between 40 and 50 
Mg/yr.
    Table 1 of this document shows the emission reductions and costs 
for control options, when using a 7 percent discount rate, in year 2025 
at new and modified landfills. At the baseline size and emissions 
thresholds (i.e., 50 Mg/yr NMOC), 112 of the 140 new or modified 
landfills are expected to control emissions in 2025. At an emission 
threshold of 40 Mg/yr NMOC and a design capacity threshold of 2.5 
million Mg and 2.5 million m\3\, as proposed in the NSPS proposal, the 
incremental number of new (or modified) landfills estimated to require 
a GCCS in 2025 went from three to 11, for a total of 123 landfills with 
controls. An emission threshold level of 34 Mg/yr NMOC, which was 
presented as an option for consideration in the NSPS proposal, results 
in an estimated 15 additional new or modified landfills requiring 
controls in year 2025, for a total of 127 landfills with controls.
    The incremental emission reductions for an NMOC emission rate of 40 
Mg/yr would be 300 Mg/yr NMOC and 44,400 Mg/yr methane (1.1 million 
metric tons of CO2 equivalent (mtCO2e)) beyond 
the baseline. The incremental emission reductions for an NMOC emission 
rate of 34 Mg/yr NMOC would be 300 Mg/yr NMOC and 51,400 Mg/yr methane 
(1.3 million mtCO2e) beyond the baseline. These incremental 
emission reductions represent a 2.4- and 2.8-percent reduction in 
emissions beyond the baseline. The cost effectiveness between an NMOC 
emission rate of 34 Mg/yr and 40 Mg/yr is comparable, but by lowering 
the NMOC emissions threshold to 34 Mg/yr, this action achieves 
additional reductions of 50 Mg/yr NMOC \2\ and 7,000 Mg/yr methane 
(175,000 mt/yr CO2e) in 2025. These pollutants are 
associated with substantial health effects, climate effects, and other 
welfare effects.
---------------------------------------------------------------------------

    \2\ The unrounded annual NMOC reductions in Table 1 of this 
preamble are 330 Mg/yr NMOC for option 2.5 million Mg design 
capacity threshold and 40 Mg/yr NMOC threshold; and 280 Mg/yr NMOC 
for option 2.5 million Mg design capacity/34 Mg/yr NMOC threshold. 
Thus, the difference between the NMOC reductions for these two 
options is 50 Mg/yr NMOC.

                                          Table 1--Emission Reductions and Costs for Control Options in Year 2025 at New and Modified Landfills (2012$)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Number of
                                                           Number of   Number of    landfills   Annual Net    Annual      Annual     Annual CO2e     NMOC cost     Methane cost      CO2e cost
                         Option                            landfills   landfills    reporting      Cost        NMOC       methane    reductions    effectiveness   effectiveness   effectiveness
                                                           affected   controlling    but not     (million   Reductions  reductions  (million mt/      ($/Mg)          ($/Mg)          ($/mt)
                                                                        in 2025    controlling  $2012) \a\    (Mg/yr)     (Mg/yr)        yr)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Baseline:
    Baseline (2.5 design capacity/50 Mg/yr NMOC)........         140          112           28        61.4      11,640   1,834,000          45.9           5,270              33             1.3
Incremental values vs. the Baseline:
    Option (2.5 design capacity/40 Mg/yr NMOC)..........           0           11          -11         7.4         300      44,400           1.1          26,100             166             6.6
    Option (2.5 design capacity/34 Mg/yr NMOC)..........           0           15          -15         8.5         300      51,400           1.3          26,100             166             6.6
    Option (2.0 design capacity/34 Mg/yr NMOC)..........           7           19          -12        10.2         400      62,500           1.6          25,600             163             6.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Based on the current reported design capacity of landfills, independent of time horizon used in analysis shown in the four cost-effectiveness summary tables. For some modified landfills,
  landfills may report in early years under the Emission Guidelines and then also report under the NSPS after modification commenced (or year 2016, whatever is later).

    The only categories of benefits monetized for this supplemental 
proposal are methane-related climate impacts and minor secondary 
CO2-related climate effects. In particular, we estimated the 
global social benefits of methane emissions using estimates of the 
social cost of methane (SC-CH4), a metric that estimates the 
monetary value of impacts associated with marginal changes in methane 
emissions in a given year.
    A similar metric, the social cost of CO2 (SC-
CO2), estimates the monetary value of impacts associated 
with

[[Page 52165]]

marginal changes in CO2 emissions in a given year.\3\ The 
SC-CO2 estimates were developed over many years by an 
interagency working group, using the best science available, and with 
input from the public.
---------------------------------------------------------------------------

    \3\ The SC-CO2 Technical Support Document presents 
the SC-CO2 estimates as well as a detailed discussion of 
the underlying methodology. Docket ID No. EPA-HQ-OAR-2013-0495, 
Technical Support Document: Technical Update of the Social Cost of 
Carbon for Regulatory Impact Analysis Under Executive Order 12866, 
Interagency Working Group on Social Cost of Carbon, with 
participation by Council of Economic Advisers, Council on 
Environmental Quality, Department of Agriculture, Department of 
Commerce, Department of Energy, Department of Transportation, 
Environmental Protection Agency, National Economic Council, Office 
of Energy and Climate Change, Office of Management and Budget, 
Office of Science and Technology Policy, and Department of Treasury 
(May 2013, Revised November 2013). Available at: http://www.whitehouse.gov/sites/default/files/omb/assets/inforeg/technical-update-social-cost-of-carbon-for-regulator-impact-analysis.pdf.
---------------------------------------------------------------------------

    The SC-CH4 estimates used in this analysis were 
developed by Marten et al. (2014) and are discussed in greater detail 
in section 4.2 of the Regulatory Impacts Analysis (RIA), which is in 
the MSW Landfills NSPS docket EPA-HQ-OAR-2003-0215. The four SC-
CH4 estimates are: $700, $1,500, $1,900, and $4,000 per 
metric ton of methane emissions in the year 2025 (2012$). The first 
three values are based on the average SC-CH4 from the three 
integrated assessment models, at discount rates of 5, 3, and 2.5 
percent, respectively. Estimates of the SC-CH4 for several 
discount rates are included because the literature shows that the SC-
CH4 is sensitive to assumptions about the discount rate, and 
because no consensus exists on the appropriate rate to use in an 
intergenerational context (where costs and benefits are incurred by 
different generations). The fourth value is the 95th percentile of the 
SC-CH4 across all three models at a 3 percent discount rate. 
It is included to represent higher-than-expected impacts from 
temperature change further out in the tails of the SC-CH4 
distribution.
    The methodology used to calculate methane climate benefits is 
discussed in detail in Section 4.2 of the RIA. Applying the approach 
discussed in the RIA to the methane reductions estimated for this 
supplemental proposal, the 2025 methane benefits of this supplemental 
proposal vary by discount rate and range from $36 million (2012$) to 
$210 million (2012$); the mean SC-CH4 at the 3 percent 
discount rate results in an estimate of $78 million (2012$) in 2025 for 
the proposed 34 Mg/yr emission threshold (see Table 2 of this 
preamble). Monetizing the minor secondary CO2 emissions 
impacts with the SC-CO2 estimates, also described in Section 
4.2 of the RIA, yields disbenefits of $0.03 million (2012$) in 2025.

                                            Table 2--Estimated Global Benefits of CH4 Reductions in 2025 \a\
                                                                  [In millions, 2012$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Discount rate and statistic
                                                                           CO2e      -------------------------------------------------------------------
                  Methane reductions  (million mt)                      Reductions                                                          3%  (95th
                                                                       (million mt)    5%  (average)    3%  (average)   2.5%  (average)    percentile)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.051..............................................................             1.3              $36              $78             $100             $210
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The SC-CH4 values are dollar-year and emissions-year specific. SC-CH4 values represent only a partial accounting of climate impacts. See Section 4.2
  of the RIA for a complete discussion about the methodology.

    Consistent with the Methane Strategy that was developed as part of 
the President's Climate Action Plan, the EPA considered control options 
to achieve additional reductions of methane and NMOC for new landfills. 
The Climate Action Plan directed the EPA and five other federal 
agencies to develop a comprehensive interagency strategy to reduce 
methane emissions. Specifically, the federal agencies were instructed 
to focus on ``assessing current emissions data, addressing data gaps, 
identifying technologies and best practices for reducing emissions and 
identifying existing authorities and incentive-based opportunities to 
reduce methane emissions.'' With respect to landfills, the Methane 
Strategy directs the agency to build upon progress to date through 
updates to the EPA's rules for reducing emissions from new, modified, 
and reconstructed landfills. Based on the Climate Action Plan and 
Methane Strategy, the revised analysis described above, and 
consideration of comments received on the proposed NSPS and ANPRM, the 
EPA is proposing to lower the NMOC emission rate threshold to 34 Mg/yr 
for new (new, modified, and reconstructed) sources subject to proposed 
40 CFR part 60, subpart XXX. The EPA is not proposing changes to the 
design capacity thresholds.
    The EPA believes a level of 34 Mg/yr NMOC is achievable for new and 
modified landfills. Greenfield and modified landfill owners or 
operators are expected to employ the latest technology and practices to 
minimize emissions and will have the time to consider the latest 
technology and practices as they plan the construction of a new 
landfill or construction of a new cell of a modified landfill. Because 
the emission threshold level of 34 Mg/yr is more stringent than the 
level the EPA proposed on July 17, 2014, and the impacts associated 
with this proposed level of control have a different basis than those 
outlined in the original proposal, the EPA is soliciting comments on 
the revised analysis of the proposed NSPS in this supplemental 
proposal. The EPA is also soliciting comments and data that would help 
identify landfills that are expected to modify, as defined in the 
proposed NSPS, during the next 5 years (2014-2018). Comments on an NMOC 
emission threshold of 34 Mg/yr and comments or data on landfills 
modifying in the next 5 years should be submitted to Docket ID No. EPA-
HQ-OAR-2003-0215. The EPA is not otherwise reopening proposed 40 CFR 
part 60, subpart XXX for additional comment.

C. Public hearing

    Please contact Ms. Aimee St. Clair at (919) 541-1063 or at 
stclair.aimee@epa.gov to register to speak at the hearing. The last day 
to pre-register to speak at the hearing will be September 8, 2015. 
Requests to speak will be taken the day of the hearing at the hearing 
registration desk, although preferences on speaking times may not be 
able to be fulfilled. If you require the service of a translator or 
special accommodations such as audio description, please let us know at 
the time of registration.
    If a hearing is held, it will provide interested parties the 
opportunity to present data, views or arguments concerning the proposed 
action. The

[[Page 52166]]

EPA will make every effort to accommodate all speakers who arrive and 
register. Because this hearing, if held, will be at a U.S. government 
facility, individuals planning to attend the hearing should be prepared 
to show valid picture identification to the security staff in order to 
gain access to the meeting room. Please note that the REAL ID Act, 
passed by Congress in 2005, established new requirements for entering 
federal facilities. If your driver's license is issued by Alaska, 
American Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, 
Minnesota, Montana, New York, Oklahoma, or the state of Washington, you 
must present an additional form of identification to enter the federal 
building. Acceptable alternative forms of identification include: 
Federal employee badges, passports, enhanced driver's licenses and 
military identification cards. In addition, you will need to obtain a 
property pass for any personal belongings you bring with you. Upon 
leaving the building, you will be required to return this property pass 
to the security desk. No large signs will be allowed in the building, 
cameras may only be used outside of the building and demonstrations 
will not be allowed on federal property for security reasons.
    The EPA may ask clarifying questions during the oral presentations, 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral comments and 
supporting information presented at the public hearing. Commenters 
should notify Ms. St. Clair if they will need specific equipment, or if 
there are other special needs related to providing comments at the 
hearing. Verbatim transcripts of the hearing and written statements 
will be included in the docket for the rulemaking. The EPA will make 
every effort to follow the schedule as closely as possible on the day 
of the hearing; however, please plan for the hearing to run either 
ahead of schedule or behind schedule. A public hearing will not be held 
unless requested. Please contact Ms. Aimee St. Clair at (919) 541-1063 
or at stclair.aimee@epa.gov to request or register to speak at the 
hearing or to inquire as to whether a hearing will be held.

II. Statutory and Executive Order Reviews

    Additional information about these statues and Executive Orders can 
be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action supplements a prior proposed action that was determined 
to be an economically significant regulatory action that was submitted 
to the Office of Management and Budget (OMB) for review. Any changes 
made in response to OMB recommendations have been documented in the 
docket. The EPA prepared an analysis of the potential costs and 
benefits associated with this action. This analysis, ``Regulatory 
Impact Analysis for the Proposed Revisions to the Emission Guidelines 
for Existing Sources and Supplemental Proposed New Source Performance 
Standards in the Municipal Solid Waste Landfills Sector'' is available 
in the docket.

B. Paperwork Reduction Act (PRA)

    The information collection requirements in this supplemental 
proposal have been submitted for approval to OMB under the PRA. The 
Information Collection Request (ICR) document that the EPA prepared for 
this supplemental proposal has been assigned EPA ICR number 2498.02. 
You can find a copy of the ICR in the docket for this rule, and it is 
briefly summarized here.
    The information required to be collected is necessary to identify 
the regulated entities subject to the proposed NSPS and to ensure their 
compliance with the proposed NSPS and this supplemental proposal. The 
recordkeeping and reporting requirements are mandatory and are being 
established under authority of CAA section 114 (42 U.S.C. 7414). All 
information other than emissions data submitted as part of a report to 
the agency for which a claim of confidentiality is made will be 
safeguarded according to CAA section 114(c) and the EPA's implementing 
regulations at 40 CFR part 2, subpart B.
    The information collection requirements in the proposed NSPS (79 FR 
41828, July 17, 2014) were submitted for approval to OMB under the PRA. 
The ICR document that the EPA prepared was assigned EPA ICR number 
2498.01. Since the NSPS review was proposed on July 17, 2014, the EPA 
updated the number of existing landfills likely to modify after July 
17, 2014, and, thus, become subject to proposed 40 CFR part 60, subpart 
XXX, as discussed in this preamble. The supplemental proposal to lower 
the emission threshold for new and modified sources affects the burden 
estimates the EPA presented in EPA ICR number 2498.01. As a result, the 
EPA updated the EPA ICR number 2498.01 and re-submitted it to OMB for 
approval as EPA ICR 2498.02 to reflect the estimated number of 
respondents and a lower NMOC emission rate. A copy of the ICR is in 
Docket ID No. EPA-HQ-OAR-2003-0215, and it is briefly summarized here.
    Respondents/affected entities: MSW landfills that commence 
construction, reconstruction, or modification after July 17, 2014.
    Respondent's obligation to respond: Mandatory (40 CFR part 60, 
subpart XXX).
    Estimated number of respondents: 144 MSW landfills that commence 
construction, reconstruction, or modification after July 17, 2014.
    Frequency of response: Initially, occasionally, and annually.
    Total estimated burden: 101,031 Hours (per year) for the responding 
facilities and 2,790 hours (per year) for the agency. These are 
estimates for the average annual burden for the first 3 years after the 
rule is final. Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $6,724,350 (per year), which includes 
annualized capital or operation and maintenance costs, for the 
responding facilities and $177,680 (per year) for the agency. These are 
estimates for the average annual cost for the first 3 years after the 
rule is final.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the agency's need for this information, the 
accuracy of the provided burden estimates and any suggested methods for 
minimizing respondent burden to the EPA using the docket identified at 
the beginning of this rule. You may also send your ICR-related comments 
to OMB's Office of Information and Regulatory Affairs via email to 
oria_submissions@omb.eop.gov, Attention: Desk Officer for the EPA. 
Since OMB is required to make a decision concerning the ICR between 30 
and 60 days after receipt, OMB must receive comments no later than 
September 28, 2015. The EPA will respond to any ICR-related comments in 
the final rules.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. The 
small entities subject to the requirements of the

[[Page 52167]]

supplemental proposal may include private small businesses and small 
governmental jurisdictions that own or operate landfills. Although it 
is unknown how many new landfills will be owned or operated by small 
entities, recent trends in the waste industry have been towards 
consolidated ownership among larger companies. The EPA has determined 
that approximately 10 percent of the existing landfills subject to 
similar regulations (40 CFR part 60, subparts WWW and Cc or the 
corresponding state or federal plan) are small entities. It was 
determined that the July 2014 proposed NSPS subpart would not have a 
significant economic impact on a substantial number of small entities. 
Given the changes in the number of landfills anticipated to become 
subject to the new proposed NSPS, the potential impact on small 
entities has been reanalyzed. The EPA has determined that, with a size 
threshold of 2.5 million Mg and 2.5 million m\3\ and an NMOC emission 
rate threshold of 34 Mg/yr, approximately two small entities may 
experience an impact of greater than 1 percent of revenues. Details of 
the analysis are presented in ``Regulatory Impact Analysis for the 
Proposed Revisions to the Emission Guidelines for Existing Sources and 
Supplemental Proposed New Source Performance Standards in the Municipal 
Solid Waste Landfills Sector,'' located in Docket ID No. EPA-HQ-OAR-
2003-0215.
    Although not required by the RFA to convene a Small Business 
Advocacy Review (SBAR) Panel because the EPA has now determined that 
the proposed NSPS would not have a significant economic impact on a 
substantial number of small entities, the EPA originally convened a 
panel to obtain advice and recommendations from small entity 
representatives potentially subject to this rule's requirements. A copy 
of the Summary of Small Entity Outreach is included in Docket ID No. 
EPA-HQ-OAR-2003-0215.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million 
or more as described in UMRA, 2 U.S.C. 1531-1538. This supplemental 
NSPS proposal applies to landfills that commenced construction, 
reconstruction, or modification after July 17, 2014. Impacts resulting 
from the proposed NSPS are far below the applicable threshold. Thus, 
the proposed NSPS is not subject to the requirements of sections 202 or 
205 of the UMRA. However, in developing the proposed NSPS, the EPA 
consulted with small governments pursuant to a plan established under 
section 203 of the UMRA to address impacts of regulatory requirements 
in the rule that might significantly or uniquely affect small 
governments. The EPA held meetings as discussed in section II.E of this 
preamble under Federalism consultations.

E. Executive Order 13132: Federalism

    The EPA has concluded that the supplemental proposal for the NSPS 
does not have Federalism implications. The proposed NSPS will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. The supplemental proposal will not 
have impacts of $25 million or more in any one year. Thus, Executive 
Order 13132 does not apply to the supplemental proposal.
    Although section 6 of Executive Order 13132 does not apply to the 
supplemental NSPS proposal, the EPA consulted with state and local 
officials and representatives of state and local governments early in 
the process of developing the proposed rules for MSW landfills (both 
the NSPS and Emission Guidelines) to permit them to have meaningful and 
timely input into its development.
    The EPA conducted a Federalism Consultation Outreach Meeting on 
September 10, 2013. Due to interest in that meeting, additional 
outreach meetings were held on November 7, 2013, and November 14, 2013. 
Participants included the National Governors' Association, the National 
Conference of State Legislatures, the Council of State Governments, the 
National League of Cities, the U.S. Conference of Mayors, the National 
Association of Counties, the International City/County Management 
Association, the National Association of Towns and Townships, the 
County Executives of America, the Environmental Council of States, 
National Association of Clean Air Agencies, Association of State and 
Territorial Solid Waste Management Officials, environmental agency 
representatives from 43 states, and approximately 60 representatives 
from city and county governments. The comment period for the outreach 
meetings related to the NSPS proposal was extended to allow sufficient 
time for interested parties to review briefing materials and provide 
comments. Concerns raised during the consultations include: 
implementation concerns associated with shortening of gas collection 
system installation and/or expansion timeframes, concerns regarding 
significant lowering of the design capacity or emission thresholds, the 
need for clarifications associated with wellhead operating parameters 
and the need for consistent, clear and rigorous surface monitoring 
requirements.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    The supplemental proposal does not have tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). 
Based on methodology used to predict future landfills as outlined in 
the docketed memorandum ``Summary of Landfill Dataset Used in the Cost 
and Emission Reduction Analysis of Landfills Regulations. 2014,'' 
future tribal landfills are not anticipated to be large enough to 
become subject to the proposed NSPS or this supplemental proposal. 
Thus, Executive Order 13175 does not apply to this action. The EPA 
specifically solicits comment on this action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. The supplemental NSPS proposal is 
not subject to Executive Order 13045 because it does not concern an 
environmental health risk or safety risk. We also note that the methane 
and NMOC reductions expected from the proposed NSPS will have positive 
health effects, including for children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Further, we have concluded that the 
proposed NSPS and supplemental NSPS proposal are not likely to have any 
adverse energy effects because the energy demanded to operate these 
control systems will be offset by additional energy supply from LFG 
energy projects.

[[Page 52168]]

I. National Technology Transfer and Advancement Act

    This supplemental NSPS proposal does not involve technical 
standards, however, the NSPS proposed on July 17, 2014 involves 
technical standards. For the proposed NSPS, the EPA has proposed to use 
EPA Methods 2E, 3, 3A, 3C, 21, 25, and 25C of 40 CFR part 60, appendix 
A. While the EPA identified nine voluntary consensus standards (VCS) as 
being potentially applicable (ANSI/ASME PTC 19-10-1981 Part 10, ASTM 
D3154-00 (2006), ASME B133.9-1994 (2001), ISO 10396:1993 (2007), ISO 
12039:2001, ASTM D5835-95 (2007), ASTM D6522-00 (2005), CAN/CSA Z223.2-
M86 (1999), ISO 14965:2000(E)), the agency decided not to use these 
methods. The EPA determined that the nine candidate VCS identified for 
measuring emissions of pollutants or their surrogates subject to 
emission standards in the rule would not be practical due to lack of 
equivalency, documentation, validation data, and other important 
technical and policy considerations. The EPA's review, including review 
comments for these nine methods, is documented in the memorandum, 
``Voluntary Consensus Standard Results for Standards of Performance for 
Municipal Solid Waste Landfills 40 CFR part 60, subpart XXX'' in the 
Docket ID No. EPA-HQ-OAR-2003-0215.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by the proposed NSPS and this supplemental proposal will not have 
potential disproportionately high and adverse human health or 
environmental effects on minority, low-income, or indigenous 
populations because the proposed NSPS and this supplemental proposal 
would reduce emissions of LFG, which contains both NMOC and methane. 
These avoided emissions will improve air quality and reduce public 
health and welfare effects associated with exposure to LFG emissions. 
Regarding the NSPS proposal and this supplemental proposal, the EPA has 
concluded that it is not practicable to determine whether there would 
be disproportionately high and adverse human health or environmental 
effects on minority, low income, or indigenous populations from the 
proposed NSPS and supplemental proposal because it is unknown where new 
or modified facilities will be located. The demographic analysis 
results and the details concerning their development are presented in 
the April 22, 2014 document titled, ``2014 Environmental Justice 
Screening Report for Municipal Solid Waste Landfills,'' a copy of which 
is available in the docket (Docket ID No. EPA-HQ-OAR-2003-0215).

    Dated: August 14, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-20897 Filed 8-26-15; 8:45 am]
 BILLING CODE 6560-50-P


