[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32365-32366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14250]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R09-OAR-2019-0345; FRL-9995-96-Region 9]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Pinal County Air Quality Control District; 
Control of Emissions From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state plan submitted by the Pinal County Air Quality Control 
District (PCAQCD). For the purposes of this plan, the PCAQCD is 
considered a ``State'' as defined in the ``Standards of Performance for 
New Stationary Sources''. This state plan submittal pertains to the 
regulation of landfill gas and its components, including methane, from 
existing municipal solid waste (MSW) landfills. This state plan was 
submitted in response to the EPA's promulgation of Emissions Guidelines 
and Compliance Times for MSW landfills. This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 7, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0345 at http://www.regulations.gov, or via email to 
buss.jeffrey@epa.gov. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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, please contact the person 
identified in the ``For Further Information Contact'' section. For 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.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, U.S. EPA Region IX, 
(415) 947-4152, buss.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 29, 2016, the EPA finalized Standards of Performance for 
Municipal Solid Waste Landfills and Emission Guidelines and Compliance 
Times for Municipal Solid Waste Landfills in 40 CFR part 60 subpart XXX 
and Cf,. 81 FR 59332 and 81 FR 59276 respectively. These actions were 
taken under section 111 of the CAA.
    Section 111(d) of the CAA requires the EPA to establish a procedure 
for a state to submit a plan to the EPA which establishes standards of 
performance for any air pollutant: (1) For which air quality criteria 
have not been issued or which is not included on a list published under 
CAA section 108 or emitted from a source category which is regulated 
under CAA section 112 but (2) to which a standard of performance under 
CAA section 111 would apply if such existing source were a new source. 
The EPA established these requirements for state plan submittal in 40 
CFR part 60, subpart B. State submittals under CAA sections 111(d) must 
be consistent with the relevant emission guidelines, in this instance 
40 CFR part 60, subpart Cf, and the requirements of 40 CFR part 60, 
subpart B.
    On March 4, 2019, the Arizona Department of Environmental Quality 
(ADEQ), on behalf of the PCAQCD, submitted to the EPA a formal section 
111(d) plan for existing municipal solid waste landfills. The submitted 
section 111(d) plan was in response to the August 29, 2016 promulgation 
of federal NSPS and emission guidelines requirements for MSW landfills, 
40 CFR part 60, subparts XXX and Cf, respectively (81 FR 59332 and 81 
FR 59276).

II. Summary of the Plan and EPA Analysis

    The EPA has reviewed the PCAQCD section 111(d) plan submittal in 
the context of the requirements of 40 CFR part 60, subparts B and Cf, 
and part 62, subpart A. In this action, the EPA is proposing to 
determine that the submitted section 111(d) plan meets the above-cited 
requirements. The primary mechanism selected by PCAQCD to implement the 
emission guidelines for MSW landfills under state jurisdiction is 
through incorporation by reference of 40 CFR part 60, subpart Cf and 40 
CFR part 60, subpart XXX into the PCAQCD Code at Chapter 5, Article 34 
(5-34-2050), entitled ``Standards of Performance for Existing Municipal 
Solid Waste Landfills'', and Chapter 6, Article 1 (6-1-030), entitled 
``New Source Performance Standards,'', on December 19, 2018. These 
subparts will be applicable to MSW landfills under the plan upon the 
EPA's approval of the plan by final rulemaking. A detailed explanation 
of the rationale behind this proposed approval is available in the 
Technical Support Document (TSD).

III. Proposed Action

    The EPA is proposing to approve the PCAQCD section 111(d) plan for 
MSW landfills submitted pursuant to 40 CFR part 60, subpart Cf. 
Therefore, the EPA is proposing to amend 40 CFR part 62, subpart D, to 
reflect this action. This approval is based on the rationale previously 
discussed and in further detail in the TSD associated with this action. 
The scope of the proposed approval of the section 111(d) plan is 
limited to the provisions of 40 CFR parts 60 and 62 for existing MSW 
landfills, as referenced in the emission guidelines, subpart Cf.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference of the 
state plan. In accordance with requirements of 1 CFR 51.5, the EPA is 
proposing to incorporate by reference PCAQCD rules regarding MSW 
landfills discussed in section II of this preamble. The EPA has made, 
and will continue to make, these materials generally available through 
http://www.regulations.gov, Docket ID No. EPA-R09-OAR-2019-0345, and at

[[Page 32366]]

the EPA Region IX Office (please contact the person identified in the 
For Further Information Contact section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    In reviewing state plan submissions, the EPA's role is to approve 
state choices, provided that they meet the criteria of the CAA. 
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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 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, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 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 the 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, this proposed approval of the PCAQCD plan submittal 
for existing MSW landfills does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the state plan is not approved to apply in Indian country 
located in the state, and the EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Landfills, 
Incorporation by reference, Intergovernmental relations, Methane, 
Ozone, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: June 20, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-14250 Filed 7-5-19; 8:45 am]
BILLING CODE 6560-50-P


