[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Proposed Rules]
[Pages 54527-54532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23700]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2018-0695; FRL-9985-94-OAR]
RIN 2060-AU33


Adopting Subpart Ba Requirements in Emission Guidelines for 
Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action, the Environmental Protection Agency (EPA) 
proposes to amend the 2016 Emission Guidelines and Compliance Times for 
Municipal Solid Waste Landfills (``MSW Landfills EG''). The 
requirements for state and federal plans implementing the MSW Landfills 
EG were adopted from 1975 regulations, referred to herein as the ``old 
implementing regulations,'' which are cross-referenced in the MSW 
Landfill EG. In a separate regulatory proposal published in the Federal 
Register in August 2018, the EPA proposed changes to modernize the old 
implementing regulations governing emission guidelines under a new 
subpart. This action proposes to update the cross-references to the old 
implementing regulations in the MSW Landfills EG to harmonize with the 
proposed new timing and completeness requirements for state and federal 
plans.

DATES: 
    Comments. Comments must be received on or before December 14, 2018.
    Public hearing. If anyone contacts us requesting a public hearing 
on or before November 5, 2018, we will hold a hearing. Additional 
information about the hearing, if requested, will be published in a 
subsequent Federal Register document and posted at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards. See SUPPLEMENTARY INFORMATION for 
information on requesting and registering for a public hearing.

ADDRESSES: 
    Comments. Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2018-0695 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. See SUPPLEMENTARY 
INFORMATION for detail about how the EPA treats submitted comments. 
Regulations.gov is our preferred method of receiving comments. However, 
the following other submission methods are also accepted:
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2018-0695 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2018-0695.
     Mail: To ship or send mail via the United States Postal 
Service, use the following address: U.S. Environmental Protection 
Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2018-0695, Mail 
Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: Use the following Docket Center 
address if you are using express mail, commercial delivery, hand 
delivery, or courier: EPA Docket Center, EPA WJC West Building, Room 
3334, 1301 Constitution Avenue NW, Washington, DC 20004. Delivery 
verification signatures will be available only during regular business 
hours.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, contact Andrew Sheppard, Sector Policies and Programs Division 
(E143-03), Office of Air Quality Planning and Standards, U.S. 
Environmental

[[Page 54528]]

Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-4161; fax number: (919) 541-0516; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Public hearing. Please contact Virginia Hunt at (919) 541-0832 or 
by email at [email protected] to request a public hearing, to 
register to speak at the public hearing, or to inquire as to whether a 
public hearing will be held.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2018-0695. All documents in the docket are 
listed in Regulations.gov. Although listed, some information is not 
publicly available, e.g., Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
Regulations.gov or in hard copy at the EPA Docket Center, Room 3334, 
EPA WJC West Building, 1301 Constitution Avenue NW, Washington, DC. The 
Public Reading Room 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 EPA 
Docket Center is (202) 566-1742.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2018-0695. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be CBI or other information whose disclosure is restricted by 
statute. Do not submit information that you consider to be CBI or 
otherwise protected through https://www.regulations.gov or email. This 
type of information should be submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket. 
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 https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov, your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that include information claimed as CBI, you must submit a copy of the 
comments that do not contain the information claimed as CBI directly to 
the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 Code of Federal Regulations 
(CFR) part 2. Send or deliver information identified as CBI only to the 
following address: OAQPS Document Control Officer (C404-02), OAQPS, 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2018-0695.
    Preamble Acronyms and Abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
EG Emission Guidelines
EPA Environmental Protection Agency
MSW Municipal Solid Waste
NAICS North American Industry Classification System
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SIP State Implementation Plan
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

    Organization of this Document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
II. Background
III. What actions are we proposing?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    Table 1 of this preamble lists the source categories that may be 
affected

[[Page 54529]]

by this proposal. Table 1 is not intended to be exhaustive, but rather 
provides a guide for readers regarding the entities that this proposed 
action is likely to affect. The proposed amendment, once promulgated, 
will be applicable to the affected sources.

       Table 1--Source Categories Affected by This Proposed Action
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                                                   Examples of affected
        Source category          NAICS code \1\          sources
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State, local, and tribal                 924119  Administration of air
 government agencies.                             and water resource and
                                                  solid waste management
                                                  programs.
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\1\ North American Industry Classification System.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this proposed action at 
https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards. Following publication 
in the Federal Register, the EPA will post the Federal Register version 
of the proposal and key technical documents at this same website.

II. Background

    On August 29, 2016, the EPA published a final rule titled 
``Emission Guidelines and Compliance Times for Municipal Solid Waste 
Landfills'' (the ``MSW Landfills EG''), under Clean Air Act (CAA) 
section 111(d) (81 FR 59276). Section 111(d) is the provision of the 
CAA that governs the establishment of performance standards for 
existing sources. The MSW Landfills EG, which was promulgated as a new 
subpart at 40 CFR part 60, subpart Cf, updated the control requirements 
and monitoring, reporting, and recordkeeping provisions for existing 
MSW landfill sources. The MSW Landfills EG incorporates by cross-
reference or direct adoption certain requirements for state and federal 
plans as specified in 40 CFR part 60, subpart B. Subpart B at 40 CFR 
part 60 contains the historic regulations, initially promulgated in 
1975 to implement CAA section 111(d), that established generally 
applicable procedural and substantive requirements for CAA section 
111(d) regulations (the ``old implementing regulations''). Under the 
old implementing regulations at 40 CFR 60.23(a) as adopted by the MSW 
Landfills EG, state plans were due 9 months after the August 29, 2016, 
publication date of the MSW Landfills EG. Thus, states were required to 
submit their plans to the EPA by May 30, 2017. See 40 CFR 60.30f(b). 
Under the old implementing regulations as incorporated by the MSW 
Landfills EG, the EPA had 4 months to approve or disapprove a state 
plan after receipt of a plan or plan revision, 40 CFR 60.27(b), and 6 
months to issue federal plans for states that failed to submit approved 
plans after the due date for state plans, 40 CFR 60.27(c)-(d).
    On August 31, 2018, as part of the proposed Affordable Clean Energy 
(ACE) rule (a CAA section 111(d)-rule addressing greenhouse gas 
emissions from fossil-fuel-fired electric generating units), the EPA 
proposed revisions to the old implementing regulations for all CAA 
section 111(d) emission guidelines (83 FR 44746). Specifically, the 
proposed ACE rule included a new regulation at 40 CFR part 60, subpart 
Ba (``proposed new implementing regulations'') that would, among other 
things, change the timing requirements for the submission of state 
plans, the EPA's review of state plans, and the issuance of federal 
plans to more closely align the procedures to that provided under CAA 
section 110 as specified in CAA section 111(d)(1).\1\ In addition, the 
proposed new implementing regulations would include new completeness 
criteria also modeled after those that apply to state implementation 
plans (SIPs) submitted under CAA section 110 (83 FR 44803-44807).
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    \1\ CAA section 111(d) provides: ``The Administrator shall 
prescribe regulations which shall establish a procedure similar to 
that provided by section 7410 of this title under which each State 
shall submit to the Administrator a plan which (A) establishes 
standards of performance for any existing source for any air 
pollutant (i) for which air quality criteria have not been issued or 
which is not included on a list published under section 7408(a) of 
this title or emitted from a source category which is regulated 
under section 7412 of this title but (ii) to which a standard of 
performance under this section would apply if such existing source 
were a new source, and (B) provides for the implementation and 
enforcement of such standards of performance.''
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III. What actions are we proposing?

    In the proposed ACE rule, the EPA proposed to apply the 40 CFR part 
60, subpart Ba timing requirements to all ``ongoing'' emission 
guidelines already published under CAA section 111(d) (83 FR 44769). 
However, the EPA recognizes that, without further action, the 
promulgation of the proposed new implementing regulations would not be 
sufficient to change the timing requirements for the MSW Landfills EG, 
even though it is an ongoing CAA section 111(d) action. This is because 
the MSW Landfills EG includes a cross-reference to the old implementing 
regulations, as well as a specific deadline for the submission of state 
plans that was based on the timing requirements in the old implementing 
regulations. The EPA is proposing to amend the cross-references and 
deadline in the MSW Landfills EG to align with the proposed timing 
requirements in 40 CFR part 60, subpart Ba.\2\ The EPA notes that, 
because this proposal is predicated on the proposed timing requirements 
in 40 CFR part 60, subpart Ba, the EPA will have to finalize the 
relevant sections of 40 CFR part 60, subpart Ba that pertain to this 
rule either prior to or concurrently with finalizing this rule.
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    \2\ 40 CFR part 60, subpart Cf would continue to cross-reference 
40 CFR part 60, subpart B, except that it would now cross-reference 
40 CFR part 60, subpart Ba with respect to the implementing 
regulation's timing requirements. Accordingly, the requirements of 
40 CFR 60.23 (Adoption and submittal of State plans; public 
hearings) and 40 CFR 60.27 (Actions by the Administrator) would be 
replaced by the requirements proposed in 40 CFR 60.23a and 40 CFR 
60.27a, respectively. However, the proposed text in 40 CFR 
60.23a(a)(1) and 60.27a(e)(1) refer to a notice of availability of a 
final guideline document that was published under 40 CFR 60.22a(a). 
Because the MSW Landfills EG were published under 40 CFR 60.22(a), 
for purposes of this amendment, the proposed requirements of 40 CFR 
60.23a(a)(1) and 40 CFR 60.27a(e)(1) will refer to the final 
guideline document that was published under 40 CFR 60.22(a). 
Additionally, the provisions of 40 CFR 60.27a(e)(2) that specify 
when the EPA may apply less stringent emission standards or longer 
compliance schedules will continue to reference 40 CFR 60.24(f) 
instead of 40 CFR 60.24a(f).
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    Specifically, the EPA is proposing to amend the MSW Landfills EG 
regulatory text in 40 CFR part 60, subpart Cf to adjust the state plan 
due date from May 30, 2017, to August 29, 2019, which aligns with the 
proposed new timing requirements in 40 CFR part 60, subpart

[[Page 54530]]

Ba.\3\ For state plans submitted to the EPA prior to promulgation of 
these amendments, the EPA is taking comment on whether to amend the MSW 
Landfills EG regulatory text in 40 CFR part 60, subpart Cf to require 
those states to resubmit their plans in accordance with the provisions 
of the proposed new implementing regulations. This would ensure 
consistent treatment of all states and state plans, avoid confusion 
regarding deadlines, and allow the EPA to undertake a completeness 
review for state plans already submitted to the EPA. Alternatively, the 
EPA solicits comment on whether the Agency should not require the 
resubmission of state plans submitted prior to promulgation of these 
amendments, and, if not, whether the EPA should still evaluate the 
already-submitted plans for compliance with the proposed new 
completeness criteria.
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    \3\ The EPA notes that the proposed regulatory text for 40 CFR 
60.27a in the proposed ACE rule has a typographical error. The 
proposed requirements in 40 CFR 60.27a(g)(2)(vi) and (vii) reference 
40 CFR 60.23 instead of the proposed requirements in 40 CFR 60.23a. 
See 83 FR 44807. Assuming 40 CFR 60.27(g)(2) is finalized, the error 
will be corrected in the final rule.
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    As explained in the proposed ACE rule, CAA section 111(d)(1) 
directs the EPA to promulgate regulations establishing a procedure 
``similar to'' that under CAA section 110 (governing the development, 
submission, and EPA review of SIPs to address National Ambient Air 
Quality Standards) for states to submit plans to the EPA that establish 
standards of performance for existing sources (see 83 FR 44771). The 
old implementing regulations at 40 CFR part 60, subpart B were 
promulgated in 1975 (see 40 FR 53346) and have not been significantly 
revised since their original promulgation. Notably, the implementing 
regulations do not reflect CAA section 111(d) in its current form as 
amended by Congress in 1977, and do not reflect CAA section 110 in its 
current form as amended by Congress in 1990. As discussed more fully in 
the ACE proposal, the EPA has determined that certain portions of the 
implementing regulations do not appropriately align with the direction 
in CAA section 111(d) that the EPA's regulations be ``similar'' to the 
provisions under CAA section 110.\4\ Due to the amount of work, effort, 
and time required for developing state plans, the EPA has determined 
that extending the submission date of state plans from 9 months to 3 
years is appropriate. Because states have considerable flexibility in 
implementing CAA section 111(d), this change would allow states more 
time to interact and work with the EPA in the development of state 
plans and minimize the chance of unexpected issues arising that could 
slow down eventual approval of state plans (83 FR 44769-44771).
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    \4\ The EPA acknowledges that the procedural and substantive 
requirements established by Congress for the SIP process under CAA 
section 110 are considerably more detailed than the corresponding 
requirements established by Congress for the state existing-source 
performance standards plans under CAA section 111(d). Accordingly, 
the EPA does not interpret the Congressional direction under CAA 
section 111(d) to promulgate regulations establishing a state-plan 
procedure ``similar to'' that under CAA section 110 as requiring the 
EPA to establish an identical scheme for the two provisions. Rather, 
the EPA interprets the ``similar to'' direction as requiring it to 
carefully consider the major structural features of CAA section 110 
and, where appropriate, adopt similar provisions in its regulations 
implementing CAA section 111(d). For the reasons proposed in the ACE 
rule, the EPA has determined that the timeline promulgated in the 
old implementing regulations (as incorporated by the MSW Landfills 
EG) is inappropriately short and that a timeline more in harmony 
with CAA section 110, as amended in 1990, is more appropriate.
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    Separate and apart from the interaction between the text of CAA 
section 111(d) and the 1990 amendments to CAA section 110, the EPA's 
experience also has shown that states need more time to submit a plan 
than provided for in the old implementing regulations at 40 CFR part 
60, subpart B. When the EPA proposed the MSW Landfills EG, some 
commenters objected to the 9-month period to submit a state plan as not 
being achievable for a number of reasons, such as the amount of time 
needed for rule development, public outreach, public notice, and to 
hold a public hearing for rule adoption. Commenters recommended 
allowing states varying amounts of time, from 12 to 24 months, to 
submit a state plan. (See https://www.epa.gov/stationary-sources-air-pollution/responses-public-comments-epas-standards-performance-municipal, at pages 30-33.) In response, the EPA declined to extend the 
deadline because we thought at that time that a majority of the states 
would be able to submit a plan within the prescribed 9-month period and 
because, ``[f]or states that do not submit a state plan, the CAA gives 
the EPA express authority to implement a federal plan.'' (Id. at page 
30-31.) On further consideration, the EPA has determined that its 
response to comments requesting a longer period of time to submit state 
plans was inadequate. The Congressional intent underlying CAA section 
111(d) is clear, and is strengthened by the reference to CAA section 
110: Implementation of CAA section 111(d) is intended to be primarily a 
state-driven process, and the existence of federal backstop authority 
is not a sufficient reason to decline to provide a longer period of 
time for states to develop and submit their plans. The EPA further 
notes that almost all of the states, rather than just a minority, did 
not submit a state plan within the prescribed 9-month period by May 30, 
2017.\5\
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    \5\ At the present, only California, Arizona, and New Mexico 
have submitted a state plan to the EPA.
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    In addition, as explained in the proposed ACE rule, CAA section 
111(d)(2)(A) authorizes the EPA to prescribe a plan for a state ``in 
cases where the State fails to submit a satisfactory plan.'' The EPA, 
therefore, is charged with determining whether state plans developed 
and submitted under CAA section 111(d)(1) are ``satisfactory.'' The EPA 
reiterates the position in the proposed ACE rule that, given the 
flexibilities that CAA section 111(d) and emission guidelines generally 
accord to states, and the EPA's prior experience on reviewing and 
acting on SIPs under CAA section 110, it is appropriate to extend the 
period for the EPA's review and approval or disapproval of plans from 
the 4-month period provided in 40 CFR part 60, subpart B, to the 12-
month period (after a determination of completeness, either 
affirmatively by the EPA or by operation of law) provided in the 
proposed new implementing regulations. This timeline would provide 
adequate time for the EPA to review plans and follow notice-and-comment 
rulemaking procedures to ensure an opportunity for public comment on 
the EPA's proposed action on a state plan (see 83 FR 44771). Because 
the EPA is proposing to apply the completeness criteria that are 
included in the proposed new implementing regulations to state plans 
submitted to implement the MSW Landfills EG, it is important that the 
EPA have the opportunity to undertake a completeness review for all 
state plans.\6\ Therefore, the EPA is taking comment on whether the 
states that have already submitted state plans to implement the MSW 
Landfills EG should resubmit their plans in accordance with the 
proposed requirements in 40 CFR part 60, subpart Ba.
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    \6\ The ACE proposal states: ``In the case of SIPs under CAA 
section 110(k)(1), EPA promulgated completeness criteria in 1990 at 
Appendix V to 40 CFR part 51 (55 FR 5830; February 16, 1990). EPA 
proposes to adopt criteria similar to the criteria set out at 
section 2.0 of Appendix V for determining the completeness of 
submissions under CAA section 111(d). EPA notes that the addition of 
completeness criteria in the framework regulations does not alter 
any of the submission requirements states already have under any 
applicable emission guideline.'' 83 FR 44746, 44772.

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[[Page 54531]]

    Finally, for this proposed action, the EPA is reiterating the 
rationale in the proposed ACE rule for extending the timing from 6 
months to 2 years for the EPA to promulgate a federal plan for states 
that fail to submit an approvable state plan in response to the MSW 
Landfills EG. This 2-year timeline is consistent with the federal 
implementation plan deadline under CAA section 110(c) (see 83 FR 44771) 
and would be beneficial to the EPA. Whenever the EPA promulgates a 
federal plan, it must follow the rulemaking requirements in CAA 307(d). 
This involves a number of potentially time-consuming steps, including 
coordination with many offices, developing a comprehensive record, and 
considering comments submitted on a proposed plan. In addition, when 
states fail to submit a plan as required under the MSW Landfills EG, we 
typically promulgate a single federal plan that applies to a number of 
states. Unlike a federal plan developed for a single state, the federal 
plan developed here may be more complex and time-intensive since it 
must be tailored to meet the needs of many states.
    In summary, under this proposed rule, which would adopt the timing 
requirements in proposed 40 CFR part 60, subpart Ba, states would have 
until August 29, 2019, to submit their state plans (3 years from the 
effective date of the MSW Landfills EG). After a state has submitted 
its plan, the EPA would have 6 months to determine if the plan is 
complete. If the EPA does not make a determination of completeness 
within that period of time, the state plan would be deemed complete by 
operation of law, and the EPA would have 12 additional months to 
approve or disapprove the state plan. If the EPA determines that the 
plan is complete, the EPA would have 12 months from the date of that 
determination to approve or disapprove the state plan. If the EPA 
determines that the plan is incomplete, the EPA would have 2 years to 
promulgate a federal plan. Similarly, if the EPA disapproves a state 
plan (even one that met the completeness requirements), the EPA would 
have 2 years to promulgate a federal plan. However, a state would 
always be able to submit a revised state plan that corrects the 
deficiencies, and, depending on the timing, the EPA could either 
approve that plan before promulgating a federal plan or, if a federal 
plan had already been promulgated, approve it and withdraw the federal 
plan.
    Although the costs and benefits of harmonizing the timing 
requirements of state plans cannot be quantified due to inherent 
uncertainties, the EPA believes that they will be minimal and requests 
comment on this. Some facilities may have an incentive to install 
landfill gas collection systems. Landfill gas can be recovered and used 
as an energy source, either offsetting existing energy costs or 
providing a source of revenue. This offers financial advantages for 
some facilities to install landfill gas collection systems early in the 
development of the project (i.e., prior to the regulatory requirement 
date resulting from a state or federal plan implementing the MSW 
Landfills EG). If facilities have already installed controls, then 
shifting the date by which states must submit plans may not have any 
impact on the actual collection and control of landfill gas. On the 
other hand, some sources may choose to wait until requirements are 
enacted prior to installing controls. While this would not impact the 
cost of installing controls, it could impact the amount of landfill gas 
captured over the life of the project and increase the net cost.
    For states, the costs of complying with the new timing 
requirements, which include the new completeness criteria, are likely 
minimal.\7\ The proposed completeness criteria in 40 CFR part 60, 
subpart Ba are based on the criteria in 40 CFR part 51, appendix V that 
states already follow when developing SIPs under CAA section 110. Given 
that the majority of state planning occurs under CAA section 110, it is 
likely that many states simply comply with the completeness criteria in 
40 CFR part 51, appendix V when developing their CAA section 111(d) 
state plans, while any states that do not would need to make only 
minimal adjustments to apply their CAA section 110 SIP process in the 
context of CAA section 111(d) state planning.
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    \7\ Sources owned or operated by federal, state, local, and 
tribal government entities will not be significantly affected by 
this action because it does not address substantive underlying 
control requirements. It merely addresses the date by which states 
must submit plans.
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    In summary, the purpose of this proposal is to amend the MSW 
Landfills EG to align the timing requirements in the EG, which were 
adopted from the old implementing regulations, with the timing and 
completeness checklist requirements in the proposed new implementing 
regulations at 40 CFR part 60, subpart Ba (see 83 FR 44803 et seq.). 
The EPA is taking comment on amending the cross-references in the MSW 
Landfills EG to refer to the timing and completeness requirements in 
the proposed new implementing regulations, requiring states that have 
already submitted state plans to resubmit their plans and impacts of 
this proposal.\8\
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    \8\ The current proposal is separate and distinct from the 
ongoing reconsideration proceeding related to the MSW Landfills EG, 
which is scheduled to be proposed in spring 2019. (See https://www.epa.gov/sites/production/files/2017-05/documents/signed_-_letter_-_municipal_solid_waste_landfills.pdf.)
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IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.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 is a 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.

B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs

    This action is not expected to be subject to Executive Order 13771 
because this proposed rule is expected to result in no more than de 
minimis costs.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0720. Because the burden to prepare and submit a 
state plan have been fully incorporated into the 2016 MSW Landfills EG, 
and this action does not change any of the requirements associated with 
the stringency of the rule, there are no changes to the previously 
estimated information collection burden.

D. 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. This 
action proposes a technical amendment to the MSW Landfills EG 
promulgated in 2016, which was determined not to impose any 
requirements on small entities due to the fact that emission guidelines 
established under CAA section 111(d) do not impose any requirements on 
regulated entities and, thus, will not have a significant economic 
impact

[[Page 54532]]

upon a substantial number of small entities. See 81 FR 59309-9310 for 
additional discussion. We have, therefore, concluded that this action 
similarly will have no net regulatory burden for all directly regulated 
small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments.
    The action implements mandate(s) specifically and explicitly set 
forth in 40 CFR part 60, subpart Ba without the exercise of any policy 
discretion by the EPA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It 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.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. The MSW Landfills EG recognized that one tribe 
had three landfills that may potentially be subject to the emission 
guidelines, but noted that these landfills have already met 
requirements under the previous new source performance standards/
emission guidelines framework as promulgated in 1996 (see 81 FR 59311). 
However, this action does not have a substantial direct effect on that 
tribe since it is merely a procedural change amending timing 
requirements for states to submit plans to the EPA and for the EPA to 
promulgate a federal plan. Thus, Executive Order 13175 does not apply 
to this action.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This regulatory action is a procedural change and does not 
have any impact on human health or the environment. Thus, it will not 
disproportionately affect children.

I. Executive Order 13211: Actions Concerning Regulations 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 this 
action is not likely to have any adverse energy effects because it is a 
procedural change and does not have any impact on energy supply, 
distribution, or use.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is a 
procedural change and the EPA does not anticipate that it will have any 
material impact on human health or the environment.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedures, 
Emission guidelines, Landfills, Reporting and recordkeeping 
requirements, State plan.

     Dated: October 23, 2018.
Andrew R. Wheeler,
Acting Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend part 60 of title 40, chapter I, of 
the Code of Federal Regulations as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart Cf--Emission Guidelines and Compliance Times for Municipal 
Solid Waste Landfills

0
 2. Section 60.30f is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  60.30f  Scope and delegated authorities.

* * * * *
    (a) If you are the Administrator of an air quality program in a 
state or United States protectorate with one or more existing municipal 
solid waste landfills that commenced construction, modification, or 
reconstruction on or before July 17, 2014, you must submit a state plan 
to the U.S. Environmental Protection Agency (EPA) that implements the 
Emission Guidelines contained in this subpart. The requirements for 
state and federal plans are specified in 40 CFR part 60, subpart B with 
the exception that Sec. Sec.  60.23 and 60.27 will not apply. The 
following requirements apply instead:
    (1) Notwithstanding the provisions of Sec.  60.20a(a) in 40 CFR 
part 60, subpart Ba, the requirements of Sec. Sec.  60.23a and 60.27a 
will apply for state and federal plans, except that the requirements of 
Sec.  60.23a(a)(1) will apply to a notice of availability of a final 
guideline document that was published under Sec.  60.22(a); and
    (2) The requirements of Sec.  60.27a(e)(1) will refer to a final 
guideline document that was published under Sec.  60.22(a) and the 
requirements of Sec.  60.27a(e)(2) will refer to Sec.  60.24(f).
    (b) You must submit a state plan to the EPA by August 29, 2019.
* * * * *
[FR Doc. 2018-23700 Filed 10-29-18; 8:45 am]
 BILLING CODE 6560-50-P


