[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14474-14477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05079]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2019-0338; FRL-10006-53-OAR]


Notice of Finding of Failure To Submit State Plans for the 
Municipal Solid Waste Landfills Emission Guidelines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) finds that 42 
states and territories have failed to submit state plans for the 2016 
Emission Guidelines and Compliance Times for Municipal Solid Waste 
Landfills (MSW Landfills EG). According to the MSW

[[Page 14475]]

Landfills EG, states were required to submit state plans to the EPA for 
review and approval by August 29, 2019. The compliance times in the new 
implementing regulations for the MSW Landfills EG also establish a 
deadline of 2 years for the EPA to promulgate a federal plan for states 
that have failed to submit a state plan. It should be noted that the 
new implementing regulations do not impose sanctions or set deadlines 
for imposing sanctions for these states.

DATES: The findings are effective on February 29, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2019-0338. All documents in the docket are 
listed on the https://www.regulations.gov/ website. Although listed, 
some information is not publicly available, e.g., Confidential Business 
Information 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 
form. Publicly available docket materials are available either 
electronically through https://www.regulations.gov/, or in hard copy at 
the EPA Docket Center, WJC West Building, Room Number 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Eastern Standard Time, Monday 
through Friday. 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.

FOR FURTHER INFORMATION CONTACT: For questions about this document, 
contact Andrew Sheppard, Natural Resources Group, Sector Policies and 
Programs Division (E143-03), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-4161; fax 
number: (919) 541-0516; and email address: sheppard.andrew@epa.gov. For 
information regarding state plan submissions, contact the appropriate 
EPA Regional office listed in Table 1 of this preamble.

                      Table 1--EPA Regional Offices
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                                                         States and
           Region                    Address             territories
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Region I....................  5 Post Office Square- Connecticut,
                               Suite 100, Boston,    Massachusetts,
                               MA 02109-3912.        Maine, New
                                                     Hampshire, Rhode
                                                     Island, Vermont.
Region II...................  290 Broadway, New     New York, New
                               York, NY 10007-1866.  Jersey, Puerto
                                                     Rico, Virgin
                                                     Islands.
Region III..................  Air Protection        Virginia, Delaware,
                               Division, Mail Code   District of
                               3AP00, 1650 Arch      Columbia, Maryland,
                               Street,               Pennsylvania, West
                               Philadelphia, PA      Virginia.
                               19103-1129.
Region IV...................  61 Forsyth Street,    Florida, Georgia,
                               SW, Atlanta, GA       North Carolina,
                               30303-3104.           Alabama, Kentucky,
                                                     Mississippi, South
                                                     Carolina,
                                                     Tennessee.
Region V....................  Mail Code A-17J, 77   Minnesota,
                               West Jackson Blvd.,   Wisconsin,
                               Chicago, Il 60604-    Illinois, Indiana,
                               3590.                 Michigan, Ohio.
Region VI...................  1201 Elm Street-      Arkansas, Louisiana,
                               Suite 500, Dallas,    New Mexico,
                               TX 75270-2102.        Oklahoma, Texas.
Region VII..................  Air and Waste         Iowa, Kansas,
                               Management            Missouri, Nebraska.
                               Division, 11201
                               Renner Boulevard,
                               Lenexa, Kansas
                               66219.
Region VIII.................  Director, Air         Colorado, Montana,
                               Program, Office of    North Dakota, South
                               Partnerships and      Dakota, Utah,
                               Regulatory            Wyoming.
                               Assistance, Mail
                               Code 8P-AR, 1595
                               Wynkoop Street,
                               Denver, CO 80202-
                               1129.
Region IX...................  75 Hawthorne Street,  Arizona, California,
                               San Francisco, CA     Hawaii, Nevada,
                               94105.                American Samoa,
                                                     Guam, Northern
                                                     Mariana Islands.
Region X....................  1200 6th Avenue,      Washington, Alaska,
                               Suite 155, Seattle,   Idaho, Oregon.
                               WA 98101.
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SUPPLEMENTARY INFORMATION: 
    Organization of This Document. The information in this document is 
organized as follows:

I. Background
II. Status of State Plan Submittals
III. Findings for State Plan Submittals

I. Background

    In a Federal Register document dated August 29, 2016, the EPA 
promulgated new EG for MSW Landfills (81 FR 59332). Additionally, on 
August 26, 2019, the EPA revised the MSW Landfills EG to update the 
timing requirements for the submission, review, and approval of state 
plans and promulgation of a federal plan (84 FR 44547). Pursuant to 40 
CFR 60.30f(b), states were required to submit state plans for the MSW 
Landfills EG by August 29, 2019. Furthermore, pursuant to 40 CFR 
60.27a(c), the EPA is required to promulgate a federal plan applicable 
to any states that were found to have failed to submit complete state 
plans implementing the MSW Landfills EG within 2 years of such a 
finding. While such findings would typically be included in the 
preamble to a proposed federal plan, the proposed rule, Federal Plan 
Requirements for Municipal Solid Waste Landfills That Commenced 
Construction On or Before July 17, 2014, and Have Not Been Modified or 
Reconstructed Since July 17, 2014, was published on August 22, 2019 (84 
FR 43748), which preceded the revised state plan due date. Therefore, 
this notice provides supplemental information to update the list of 
submitted state plans as of February 29, 2020.
    For the purposes of this document, the word ``state'' means any of 
the 50 United States, local agencies that have been delegated 
implementation and enforcement authority within those states, and the 
protectorates of the United States. The word ``protectorate'' means 
American Samoa, the Commonwealth of Puerto Rico, the District of 
Columbia, Guam, the Northern Mariana Islands, and the U.S. Virgin 
Islands.
    These findings of failure to submit do not impose sanctions or set 
deadlines for imposing sanctions. Notably, Clean Air Act (CAA) section 
111(d), the new implementing regulations for CAA section 111(d) (84 FR 
32564, July 8, 2019), and the MSW Landfills EG adopting the new 
implementing regulations (84 FR 44547, August 26, 2019) do not contain 
sanctions provisions. Particularly, the new implementing regulations 
largely changed the timing of deadlines for submission, review, and 
approval of state plans and promulgation of a federal plan; as well as 
clarified the procedures for state plan submission and review. Relevant 
for this document, the new compliance times established a 2-year 
deadline from findings of failure to submit state plans for the EPA to 
promulgate a federal plan to implement the MSW Landfills EG.

[[Page 14476]]

II. Status of State Plan Submittals

    The EPA previously published a summary of state plan submittals in 
Table 2 of the proposed rule, Federal Plan Requirements for Municipal 
Solid Waste Landfills That Commenced Construction On or Before July 17, 
2014, and Have Not Been Modified or Reconstructed Since July 17, 2014, 
on August 22, 2019 (84 FR 43748). This notice updates that list to 
reflect the amendments to 40 CFR 60.30f(a) and (b) that changed the 
deadline for state plan submittals for the MSW Landfills EG to August 
29, 2019, and 40 CFR 60.27a(c)(1) that updated the procedures for the 
promulgation of the federal plan to include findings of failures to 
submit state plans. As of February 29, 2020, the EPA had received three 
negative declarations and 11 plans to implement the MSW Landfills EG. 
These totals include plans submitted under both the old subpart B and 
the new subpart Ba implementing regulations in 40 CFR part 60. The EPA 
reviewed and approved eight of the state plans that were submitted, 
which are listed in section I of Table 2 of this document, and 
documented the plans in the memorandum, Approved State Plans 
Implementing the 2016 MSW Landfills Emission Guidelines, which is 
available in the docket for this document. The EPA is currently 
reviewing the other negative declarations and state plans that were 
submitted (listed in sections II and III of Table 2 of this document). 
A summary of the status of all state plans is also provided in Table 2 
of this document.

                Table 2--Status of State Plan Submittals
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                 Status                               States
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I. EPA-Approved State Plans............  Arizona (one plan covering
                                          Pinal County and another
                                          covering the state),\1\
                                          California (partial approval,
                                          partial disapproval),
                                          Delaware, New Mexico (one plan
                                          covering Albuquerque -
                                          Bernalillo County and another
                                          covering the state), Virginia,
                                          West Virginia.
II. Negative Declarations Submitted to   Philadelphia, Vermont,
 the EPA \2\.                             Washington DC.
III. Final State Plans Submitted to the  New York, Oregon, South Dakota.
 EPA \3\.
IV. EPA Has Not Received a Final State   Alabama,\4\ Alaska, Arkansas,
 Plan or Negative Declaration.            Colorado, Connecticut,
                                          Florida, Georgia, Hawaii,
                                          Idaho, Illinois, Indiana,
                                          Iowa, Kansas, Kentucky,
                                          Louisiana, Maine, Maryland,
                                          Massachusetts, Michigan,
                                          Minnesota, Mississippi,
                                          Missouri, Montana, Nebraska,
                                          Nevada, New Hampshire, New
                                          Jersey, North Carolina, North
                                          Dakota, Ohio, Oklahoma,
                                          Pennsylvania,\5\ Puerto Rico,
                                          Rhode Island, South Carolina,
                                          Tennessee, Texas, Utah, Virgin
                                          Islands, Washington,
                                          Wisconsin, Wyoming.
V. Indicated Intent to Submit Negative   Maine, Rhode Island.
 Declarations to the EPA.
VI. Indicated Intent to Submit State     Arkansas, Minnesota, Michigan,
 Plans to the EPA.                        North Dakota, Ohio, Oklahoma,
                                          Texas.
VII. Indicated Intent to Accept          Connecticut, Idaho, Maryland,
 Delegation of Federal Plan.              Massachusetts, New Hampshire,
                                          Pennsylvania, Washington.
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\1\ The Arizona State Plan does not cover Maricopa, Pinal, or Pima
  counties. A plan for Maricopa County was submitted but subsequently
  withdrawn.
\2\ The negative declarations were submitted on the following dates:
  Philadelphia--March 15, 2018; Vermont--September 10, 2019; Washington,
  DC--November 15, 2019.
\3\ The state plans were submitted on the following dates: New York--
  December 11, 2019; Oregon--August 2, 2019; South Dakota--January 7,
  2020.
\4\ A plan for Alabama was submitted but subsequently withdrawn.
\5\ The Pennsylvania State Plan does not cover the City of Philadelphia.

    The EPA is not making any finding in this document regarding plans 
from the eight states that have already been approved. These plans are 
Arizona; Pinal County, Arizona; California (partial approval, partial 
disapproval); Delaware; New Mexico; Albuquerque--Bernalillo County, New 
Mexico; Virginia, and West Virginia. Similarly, the EPA is not making 
any finding in this action for the six states that have submitted 
negative declarations or state plans that are currently under review: 
New York, Oregon, Philadelphia, South Dakota, Vermont, and Washington, 
DC. The EPA intends to publish any applicable findings for the states 
that submitted state plans after August 29, 2019, in conjunction with 
future Federal Register documents proposing or promulgating a state 
plan for the applicable states or the federal plan to implement the MSW 
Landfills EG. The EPA is making findings that certain states, as 
identified in section III of this document, have failed to submit a 
state plan by February 29, 2020, that implements the MSW Landfills EG. 
The EPA is committed to working with these states to expedite the 
needed submissions and to working with all the states to review and act 
on their MSW Landfills EG state plan submissions.

III. Findings for State Plan Submittals

    The EPA is finding that the 42 states and territories listed in 
section IV of Table 2 of this document have not met the requirements of 
40 CFR 60.23a(a)(1) and 60.30f(b) for the MSW Landfills EG because they 
have not submitted a negative declaration or a final state plan. The 
following states and territories failed to make a complete submittal to 
satisfy the requirements of the MSW Landfills EG: Alabama, Alaska, 
Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North 
Dakota, Ohio, Oklahoma, Pennsylvania (except for Philadelphia), Puerto 
Rico, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virgin 
Islands, Washington, Wisconsin, and Wyoming.
    By this action, the EPA is starting a 2-year deadline by which time 
the EPA must promulgate a federal plan implementing the MSW Landfills 
EG for these states, unless a state submits, and the EPA approves a 
state plan prior to promulgation of a federal plan for the MSW 
Landfills EG. As noted earlier, this finding does not impose sanctions 
and the EPA is committed to working with these states to expedite the 
needed submissions and to review and act on their state plan 
submissions.


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    Dated: March 6, 2020.
Anne L. Idsal,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2020-05079 Filed 3-11-20; 8:45 am]
 BILLING CODE 6560-50-P


