Proposed Rule2021-22914
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Florida; Control of Emissions From Existing Municipal Solid Waste Landfills
Primary source
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Published
October 27, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA) section 111(d) plan submitted by the Florida Department of Environmental Protection (FDEP) on December 22, 2020. This plan was submitted to fulfill the requirements of the CAA and is responsive to EPA's promulgation of Emissions Guidelines and Compliance Times for municipal solid waste (MSW) landfills. The Florida plan establishes emission limits for existing MSW landfills and provides for the implementation and enforcement of those limits.
Full Text
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<title>Federal Register, Volume 86 Issue 205 (Wednesday, October 27, 2021)</title>
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[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Proposed Rules]
[Pages 59336-59338]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22914]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2021-0370; FRL-9092-01-R4]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Florida; 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) section 111(d) plan submitted by the
Florida Department of Environmental Protection (FDEP) on December 22,
2020. This plan was submitted to fulfill the requirements of the CAA
and is responsive to EPA's promulgation of Emissions Guidelines and
Compliance Times for municipal solid waste (MSW) landfills. The Florida
plan establishes emission limits for existing MSW landfills and
provides for the implementation and enforcement of those limits.
DATES: Written comments must be received on or before November 26,
2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0370 at <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://Regulations.gov">Regulations.gov</a>. 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. 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="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Katy Lusky, Air Analysis and Support
Branch, Air and Radiation Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth St. SW, Atlanta, Georgia 30303. The
telephone number is (404) 562-9130. Ms. Lusky can also be reached via
electronic mail at <a href="/cdn-cgi/l/email-protection#ed81989e8694c3868c998581888883ad889d8cc38a829b"><span class="__cf_email__" data-cfemail="d8b4adabb3a1f6b3b9acb0b4bdbdb698bda8b9f6bfb7ae">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2016, EPA finalized revised Standards of Performance
for new MSW landfills and Emission Guidelines and Compliance Times for
existing MSW Landfills in 40 CFR part 60, subparts XXX and Cf,
respectively (81 FR 59331 and 81 FR 59275). These actions were taken in
accordance with section 111 of the CAA.
Section 111(d) of the CAA requires EPA to establish a procedure for
a state to submit a plan to EPA which 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 standard of performance under CAA section 111 would apply if
such existing source were a new source. EPA established these
requirements for state plan submittals 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, and 40 CFR part
62, subpart A. If the state plan is complete and approvable with
reference to these requirements, EPA notifies the public, promulgates
the plan pursuant to 40 CFR part 62, and delegates implementation and
enforcement of the standards and requirements of the emission
guidelines to the state under
[[Page 59337]]
the terms of the state plan as published in the CFR.
On December 22, 2020, the FDEP submitted to EPA a formal section
111(d) plan for existing MSW landfills. The section 111(d) plan was
submitted in response to the August 29, 2016, promulgation of Federal
New Source Performance Standards (NSPS) and emission guidelines
requirements for MSW landfills, 40 CFR part 60, subparts XXX and Cf,
respectively (81 FR 59331 and 81 FR 59275).
On July 7, 2021, the FDEP sent EPA a letter modifying its original
plan. The modifications identified in the letter involve withdrawing
the initial design capacity reporting requirement in 40 CFR 60.38f(a)
and the initial nonmethane organic compound emission rate reporting
requirement in 40 CFR 60.38f(c). The basis for withdrawing these
reporting requirements is that, prior to the effective date of the
Florida plan, owners and operators of existing municipal solid waste
landfills in Florida, will have already satisfied these reporting
requirements under provisions in the Federal plan for existing
municipal solid waste landfills. Under the Federal plan in 40 CFR part
62, subpart OOO, the deadline for submitting initial design capacity
and nonmethane organic emission rate reports is September 20, 2021.
II. Summary and Analysis of the Plan Submittal
EPA has reviewed the Florida section 111(d) plan submittal in the
context of the plan completeness and approvability requirements of 40
CFR part 60, subparts B and Cf, and part 62, subpart A. EPA is
proposing to determine that the submitted section 111(d) plan meets the
above cited requirements. The Florida state plan submittal package
includes all materials necessary to be deemed administratively and
technically complete according to the criteria of 40 CFR 60.27.
Included within the section 111(d) plan are regulations under the
Florida Administrative Code (F.A.C.) specifically, F.A.C. 62-
204.800(9)(h)--``Municipal Solid Waste Landfills, 40 CFR part 60,
subpart Cf, Emissions Guidelines and Compliance Times for Municipal
Solid Waste Landfills that Commenced Construction, Reconstruction, or
Modification on or Before July 17, 2014.'' Florida houses its
implementation and enforcement authority for the state plan
requirements in these regulations. In this action, EPA is proposing to
incorporate by reference F.A.C. 62-204.800(9)(h), which became
effective in the State of Florida on June 15, 2020. A detailed
explanation of the rationale behind this proposed approval is available
in the Technical Support Document (TSD) included in the docket for this
action.
III. Proposed Action
EPA is proposing to approve the Florida section 111(d) plan for MSW
landfills pursuant to 40 CFR part 60, subparts B and Cf. Therefore, EPA
is proposing to amend 40 CFR part 62, subpart K, 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 EPA Administrator continues to retain authority for approval of
alternative methods to determine the nonmethane organic compound
concentration or a site-specific methane generation rate constant (k),
as stipulated in 40 CFR 60.30f(c).
IV. Incorporation by Reference
In this document, EPA is proposing to include regulatory text that
incorporates by reference the state plan. In accordance with
requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference F.A.C. 62-204.800(9)(h), which became effective in the State
of Florida on June 15, 2020. F.A.C. 62-204.800(9)(h) provides details
regarding Florida's adoption of the applicability provisions,
compliance times, emission guidelines, operational standards, test
methods, compliance provisions, monitoring requirements, reporting
guidelines, recordkeeping guidelines, specifications for active
landfill gas collection systems and definitions contained in EPA's
emission guidelines for existing municipal solid waste landfills (40
CFR part 60, subpart Cf). EPA has made, and will continue to make,
these materials generally available through the docket for this action,
EPA-R04-OAR-2021-0370, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at EPA Region
4 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, 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:
<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> Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866.
<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, this proposed approval of Florida's State 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 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.
[[Page 59338]]
Dated: October 13, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-22914 Filed 10-26-21; 8:45 am]
BILLING CODE 6560-50-P
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