Proposed Rule2021-14029
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Colorado; Control of Emissions From Existing Municipal Solid Waste Landfills
Primary source
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Published
July 1, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA or the ``Act'') section 111(d) state plan submitted by the Colorado Department of Public Health and Environment (CDPHE or the ``Department'') on March 23, 2021. This state plan was submitted to fulfill the requirements of the CAA and is responsive to the EPA's promulgation of Emission Guidelines and Compliance Times (EG) for existing municipal solid waste (MSW) landfills. The Colorado state plan establishes performance standards and other operating requirements for existing MSW landfills within the State of Colorado and provides for the implementation and enforcement of those standards and requirements by the Department.
Full Text
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<title>Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)</title>
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[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Proposed Rules]
[Pages 35044-35046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14029]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R08-OAR-2021-0004; FRL-10025-48-Region 8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Colorado; 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 Clean Air Act (CAA or the ``Act'') section 111(d) state plan
submitted by the Colorado Department of Public Health and Environment
(CDPHE or the ``Department'') on March 23, 2021. This state plan was
submitted to fulfill the requirements of the CAA and is responsive to
the EPA's promulgation of Emission Guidelines and Compliance Times (EG)
for existing municipal solid waste (MSW) landfills. The Colorado state
plan establishes performance standards and other operating requirements
for existing MSW landfills within the State of Colorado and provides
for the implementation and enforcement of those standards and
requirements by the Department.
DATES: Written comments must be received on or before August 2, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0004, to the Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://www.regulations.gov">www.regulations.gov</a>. 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: All documents in the docket are listed in the
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard copy at the Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays and facility closures.
FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303) 312-6396, email address:
<a href="/cdn-cgi/l/email-protection#e68a898e948d83c88194838189949fa6839687c8818990"><span class="__cf_email__" data-cfemail="6d0102051f0608430a1f080a021f142d081d0c430a021b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On August 29, 2016, the EPA finalized revised Standards of
Performance (NSPS) for new MSW landfills and EG for existing MSW
landfills in 40 CFR part 60, subparts XXX and Cf, respectively. See 81
FR 59331 and 59313. These rulemaking actions were taken in accordance
with section 111 of the CAA. Section 111(d) of the Act requires the EPA
establish procedures for a state to submit a plan to the Agency that
establishes standards of performance for any 'existing' source 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 new source performance standard under section
111(b) would apply if such existing source were a `new' source. The EPA
established general provisions for submittal of state plans for 111(d)
sources in 40 CFR part 60, subpart B. State plan submittals for 111(d)
sources must be consistent with the requirements of these general
provisions and also establish performance standards and other
requirements at least as stringent as those established by the relevant
EG as published in 40 CFR part 60. Upon state plan submittal, the EPA
reviews a state's plan for consistency with the requirements of the
general provisions and specific EG. If the state plan is complete and
approvable with reference to these requirements, the Agency notifies
the public, promulgates the plan in 40 CFR part 62 and delegates
implementation and enforcement of the standards and requirements of the
EG to the state under the terms of the state plan as published in the
CFR. Today's
[[Page 35045]]
action concerns the completeness and approvability of Colorado's 111(d)
state plan for existing MSW landfills.
II. Summary and Analysis of the Plan Submittal
The Executive Director of CDPHE submitted a final 111(d) state plan
for existing MSW landfills on March 23, 2021 in response to the August
29, 2016 finalization of the revised EG published at 40 CFR part 60,
subpart Cf. The EPA has reviewed the Colorado plan submittal in the
context of the plan completeness and approvability requirements found
in 40 CFR part 60, subparts B and Cf, as well as the general provisions
for plan approval found in 40 CFR part 62, subpart A. The EPA is
proposing with this action to approve Colorado's submittal. If EPA
finalizes the proposed action in a future final rulemaking, EPA will
promulgate the plan under 40 CFR part 62, subpart G.
The Colorado state plan submittal package includes all materials
necessary to be deemed administratively and technically complete
according to the criteria of 40 CFR part 60, subpart B. Colorado has
chosen to author a state plan document (the ``111(d) Plan for Existing
Municipal Solid Waste Landfills in Colorado'') and provide all
implementation and enforcement authority for all state plan
requirements through revisions to the Code of Colorado Regulations
(CCR). Specifically, the State has appropriately incorporated all
general EG performance standards and other source requirements in 5 CCR
1001-8 and has given more specific instruction to designated facilities
within the state plan document. Both the adopted state plan document
and the relevant CCR section, as well as all other relevant plan
submittal materials may be found in the docket for today's action.
Necessary State legal and enforcement authorities required for plan
approval are located elsewhere in Colorado statute, rules and
regulations and have been reviewed and approved of by the EPA in the
course of prior section 111(d) or 111(d)/129 state plan approvals. See
40 CFR 62.1350-1400. Following the EPA's review of the submittal
materials, the Agency finds the state plan package to be approvable
according to all plan requirements.
Analysis of the submitted state plan's completeness and
approvability, with reference to the relevant general and source
category specific plan requirements of 40 CFR part 60, subparts B and
Cf, and a detailed explanation of the rationale supporting this
proposed approval is available in the Technical Support Document (TSD)
in the docket of this proposed rule.
III. Proposed Action
The EPA is proposing to approve the Colorado section 111(d) state
plan for MSW landfills. The state plan was submitted in full compliance
with the requirements of 40 CFR part 60, subparts B and Cf. Therefore,
the EPA is proposing to amend 40 CFR part 62, subpart G to reflect this
approval action. This approval is based on the rationale provided in
section II of this preamble and discussed in detail in the TSD
associated with this rulemaking action. The Agency's approval is in
accordance with the general provisions of plan approval found in 40 CFR
part 60, subpart B and in part 62, subpart A of that Title and is
pursuant to the Agency's role under 42 U.S.C. 7411(d). The EPA's
proposed approval of the Colorado plan is limited to those landfills
that meet the criteria established in 40 CFR part 60, subpart Cf and
grants the State authority to implement and enforce the performance
standards and source requirements of the EG, except in those cases
where authorities are specifically reserved for the EPA Administrator
or his designee. Authorities retained by the EPA Administrator are
those listed in 40 CFR 60.30f(c)
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 CDPHE and Colorado Air Quality
Control Commission regulations regarding MSW landfills discussed in
section II of this preamble. The EPA has made, and will continue to
make, these materials available through the docket for this action,
EPA-R08-OAR-2021-0004, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA
Region 8 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
Under the CAA, the Administrator is required to approve a 111(d)
state plan submittal that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7411(d); 40 CFR 62.02(a).
Thus, in reviewing 111(d) plan submittals, the EPA's role is to approve
state choices, provided that they meet the criteria of the CAA and the
relevant provisions of 40 CFR part 60. Accordingly, this action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 Colorado 111(d) state plan for existing MSW
landfills is not approved to apply on any Indian reservation land or in
any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the proposed
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Landfills, Methane, Ozone,
Reporting
[[Page 35046]]
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 25, 2021.
Debra H. Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2021-14029 Filed 6-30-21; 8:45 am]
BILLING CODE 6560-50-P
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