[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47899-47902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19499]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2019-0306; FRL-9998-59-Region 6]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; New Mexico and Albuquerque-Bernalillo 
County; Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving revisions to the 
section 111(d) Plan submitted by the New Mexico Environment Department 
(NMED) on May 25, 2017, to regulate landfill gas and its components, 
including methane, from existing municipal solid waste (MSW) landfills. 
The Plan provides for the implementation and enforcement of the 
Emissions Guidelines (EG) for existing landfills in New Mexico, except 
Albuquerque-Bernalillo County. We are also approving revisions to the 
section 111(d) Plan submitted by the New

[[Page 47900]]

Mexico Environment Department (NMED) on behalf of the Albuquerque-
Bernalillo County Air Quality Control Board on May 24, 2017, to 
implement and enforce the EG for existing MSW landfills in Albuquerque 
and Bernalillo County. The EG requires States to develop plans to 
reduce air emissions from all affected MSW landfills within their 
jurisdiction.

DATES: This rule is effective on October 11, 2019. The incorporation by 
reference of certain material listed in the rule is approved by the 
Director of the Federal Register October 11, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2019-0306. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, 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 Region 6 Office, 1201 Elm Street, Dallas, Texas 
75270.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, EPA Region 6 Office, 
State Planning Implementation Branch, 1201 Elm Street, Dallas, TX 
75270, 214-665-6691, shar.alan@epa.gov. To inspect the hard copy 
materials, please schedule an appointment with Alan Shar at 214-665-
6691.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our June 
21, 2019 (84 FR 29138) proposal. In that document, we proposed to 
approve revisions to the section 111(d) Plan submitted by the NMED on 
May 25, 2017, to regulate landfill gas and its components, including 
methane, from existing MSW landfills. We also proposed to approve 
revisions to the section 111(d) Plan for the Albuquerque-Bernalillo 
County (ABC) Air Quality Control Board submitted on May 24, 2017, to 
implement and enforce the EG for existing MSW landfills in Albuquerque 
and Bernalillo County. For more information, see the technical support 
document \1\ prepared in conjunction with the June 21, 2019 proposal.
---------------------------------------------------------------------------

    \1\ EPA Document ID No. EPA-R06-OAR-2019-0306-0002 available at 
www.regulations.gov.
---------------------------------------------------------------------------

    We received one comment \2\ on the proposal during the public 
comment period that closed on July 22, 2019.
---------------------------------------------------------------------------

    \2\ EPA Document ID No. EPA-R06-OAR-2019-0306-0005 available at 
www.regulations.gov.
---------------------------------------------------------------------------

II. Response to Comments

    Comment: The commenter supports our proposed approval action. The 
commenter also urges the EPA to fully comply with the remainder of the 
terms of the court's order in California et al. v. EPA, 2019 WL 
19995769 (N.D. Cal. 2019), with respect to other jurisdictions.
    Response: The EPA appreciates the commenter's support. The June 21, 
2019 proposal concerned revisions to section 111(d) Plans for the State 
of New Mexico and Albuquerque-Bernalillo County only. The EPA Region 6 
is responsible for rulemaking actions within its jurisdictional area. 
With this final action, the EPA Region 6 has met its obligations in the 
court's order referenced by the commenter. Actions on Plans outside of 
the EPA Region 6's geographical jurisdiction are beyond the scope of 
this particular rulemaking action.
    This concludes our response to the comment received. No changes 
have been made to the proposal (84 FR 29138, June 21, 2019) as a result 
of this comment.

III. Final Action

    The EPA is finalizing revisions to the CAA section 111(d) Plan 
submitted by the NMED on May 25, 2017, to regulate landfill gas and its 
components, including methane, from existing MSW landfills in New 
Mexico, except for Albuquerque and Bernalillo County. We are also 
finalizing revisions to the CAA section 111(d) Plan submitted by the 
NMED on behalf of the Albuquerque-Bernalillo County Air Quality Control 
Board on May 24, 2017, for existing MSW landfills in Albuquerque and 
Bernalillo County. Both Plans implement and enforce the EG for existing 
MSW landfills. See 40 CFR part 60, subpart Cf. The scope of the 
approval of the section 111(d) Plans is limited to the provisions of 40 
CFR parts 60 and 62 for existing MSW landfills, as referenced in the 
emission guidelines, 40 CFR part 60, subpart Cf.

IV. Incorporation by Reference

    In accordance with the requirements of 1 CFR 51.5, we are 
finalizing regulatory text that includes the incorporation by reference 
of 20.2.64 NMAC (effective May 31, 2017) and 20.11.71 NMAC (effective 
May 13, 2017) which are part of the CAA section 111(d) Plans applicable 
to existing MSW landfills in New Mexico and Albuquerque-Bernalillo 
County, respectively. The regulatory provisions of 20.2.64 NMAC and 
20.11.71 NMAC incorporate by reference the Emissions Guidelines (EG) 
for existing MSW landfills promulgated by the EPA at 40 CFR part 60, 
subpart Cf, and establish emission standards and compliance times for 
the control of methane and other organic compounds from certain MSW 
landfills that commenced construction, modification, or reconstruction 
on or before July 17, 2014. The emissions standards and compliance 
times of the two standards contain the same substantive requirements 
but apply to MSW landfills in different jurisdictions. The regulatory 
provisions of 20.2.64 NMAC apply to MSW landfills located in the State 
of New Mexico, except for MSW landfills located in Albuquerque and 
Bernalillo County, which are subject to the regulatory provisions of 
20.11.71 NMAC. The EPA has made, and will continue to make, 20.2.64 
NMAC and 20.11.71 NMAC (as well as the entire New Mexico and 
Albuquerque-Bernalillo County 111(d) Plans for MSW landfills) generally 
available electronically through www.regulations.gov, Docket No. EPA-
R06-OAR-2019-0306 and in hard copy at the EPA Region 6 office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). This incorporation by 
reference has been approved by the Office of the Federal Register and 
the Plans are federally enforceable under the CAA as of the effective 
date of this final rulemaking.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve 
section 111(d) state plan submissions that comply with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40 
CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in 
reviewing CAA section 111(d) state plan submissions, the EPA's role is 
to approve state choices, provided that they meet the criteria of the 
Act and implementing regulations. Accordingly, this action merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:

[[Page 47901]]

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because this action is not significant under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, described in the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the CAA section 111(d) Plans are not approved to apply 
in Indian country, as defined at 18 U.S.C. 1151, located in the state. 
As such, this rule does not have tribal implications, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), and it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 12, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Methane, Municipal solid waste landfill, Reporting and 
recordkeeping requirements.

    Dated: September 3, 2019.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart GG--New Mexico

0
2. Section 62.7855 is revised to read as follows:


Sec.  62.7855  New Mexico Environment Department.

    (a) Identification of plan. Section 111(d) plan for municipal solid 
waste landfills and the associated 20.2.64 NMAC, as submitted on May 
25, 2017. The plan includes the regulatory provisions cited in 
paragraph (d) of this section, which EPA incorporates by reference.
    (b) Identification of sources. The plan applies to all existing 
municipal solid waste landfills under the jurisdiction of the New 
Mexico Environment Department for which construction, reconstruction, 
or modification was commenced on or before July 17, 2014, and are 
subject to the requirements of 40 CFR part 60, subpart Cf.
    (c) Effective date. The effective date of the plan for municipal 
solid waste landfills is October 11, 2019.
    (d) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the material may be inspected or obtained from the EPA Region 
6 office, 1201 Elm Street, Suite 500, Dallas, Texas 75270, 214-665-2200 
or electronically through www.regulations.gov, Docket No. EPA-R6-OAR-
2019-0306. Copies may be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email fedreg.legal@nara.gov or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of New Mexico, New Mexico Environment Department, New 
Mexico Administrative Code, http://164.64.110.134/nmac/.
    (i) 20.2.64 NMAC, Chapter 20--Environmental Protection, Chapter 2--
Air Quality (Statewide), Part 64--Municipal Solid Waste Landfills, New 
Mexico Administrative Code, effective May 31, 2017.
    (ii) [Reserved]

0
3. Section 62.7856 is revised to read as follows:


Sec.  62.7856  Albuquerque-Bernalillo County Air Quality Control Board.

    (a) Identification of plan. Section 111(d) plan for municipal solid 
waste landfills and the associated 20.11.71 NMAC, as submitted on May 
24, 2017. The plan includes the regulatory provisions referenced in 
paragraph (d) of this section, which EPA incorporates by reference.
    (b) Identification of sources. The plan applies to all existing 
municipal solid waste landfills under the jurisdiction of the 
Albuquerque-Bernalillo County Air Quality Control Board for which 
construction, reconstruction, or modification was commenced on or 
before July 17, 2014, and are subject to the requirements of 40 CFR 
part 60, subpart Cf.
    (c) Effective date. The effective date of the plan for municipal 
solid waste landfills is October 11, 2019.
    (d) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the material may

[[Page 47902]]

be inspected or obtained from the EPA Region 6 office, 1201 Elm Street, 
Suite 500, Dallas, Texas 75270, 214-665-2200 or electronically through 
www.regulations.gov, Docket No. EPA-R06-OAR-2019-0306. Copies may be 
inspected at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, email 
fedreg.legal@nara.gov or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of New Mexico, Albuquerque-Bernalillo County Air Quality 
Control Board, New Mexico Administrative Code, http://164.64.110.134/nmac/.
    (i) 20.11.71 NMAC, Title 20--Environmental Protection, Chapter 11--
Albuquerque-Bernalillo-County Air Quality Control Board, Part 71--
Municipal Solid Waste Landfills, New Mexico Administrative Code, 
effective May 13, 2017.
    (ii) [Reserved]

[FR Doc. 2019-19499 Filed 9-10-19; 8:45 am]
 BILLING CODE 6560-50-P


