Proposed Rule2023-02700
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; South Carolina; Control of Emissions From Existing Municipal Solid Waste Landfills
Primary source
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Published
February 14, 2023
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 South Carolina Department of Health and Environmental Control (SCDHEC) on January 19, 2022. This state 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 South Carolina state plan establishes emission limits for existing MSW landfills and provides for the implementation and enforcement of those standards and requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 30 (Tuesday, February 14, 2023)</title>
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[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Proposed Rules]
[Pages 9409-9411]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02700]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2022-0741; FRL-10507-01-R4]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; South Carolina; 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
South Carolina Department of Health and Environmental Control (SCDHEC)
on January 19, 2022. This state 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 South
[[Page 9410]]
Carolina state plan establishes emission limits for existing MSW
landfills and provides for the implementation and enforcement of those
standards and requirements.
DATES: Written comments must be received on or before March 16, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0741 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="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Tracy Watson, Communities and Air
Toxics Section, 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) 562-8998.
Mr. Watson can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#c5b2a4b1b6aaabeba8a4b7acaaab85a0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="06716772756968286b67746f69684663766728616970">[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 subpart XXX and Cf,
respectively (81 FR 59332 and 81 FR 59276). 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 of 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 the terms of the state plan as published in the CFR.
On January 19, 2022, the SCDHEC 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, and the
March 26, 2020, subsequent amendments, of the emission guidelines
requirements for MSW landfills, 40 CFR part 60, Cf (81 FR 59276 and 85
FR 17244, respectively).
II. Summary and Analysis of the Plan Submittal
EPA has reviewed the South Carolina 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 South Carolina 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 South
Carolina Code of State Regulations Annotated (S.C. Code Ann. Regs.)
specifically, S.C. Code Ann. Regs. 61-62.60, Subpart Cf--``Performance
Standards and Compliance Times for Existing Municipal Solid Waste
Landfills.'' South Carolina houses its implementation and enforcement
authority for the state plan requirements in this regulation. In this
action, EPA is proposing to incorporate by reference S.C. Code Ann.
Regs. 61-62.60, Subpart Cf, which became effective in the State of
South Carolina on November 26, 2021. 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 South Carolina 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 PP 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 S.C. Code Ann. Regs. 61-62.60, Subpart Cf, which became
effective in the State of South Carolina on November 26, 2021. The
regulatory provisions of this section of the South Carolina rule
incorporate all the CAA 111(d)/129 state plan elements required by the
EG for existing MSW landfill units promulgated at 40 CFR part 60,
subpart Cf. The emissions standards and compliance times established
within the South Carolina state plan are at least as stringent as those
required by the EG for existing MSW landfill units subject to subpart
Cf. EPA has made, and will continue to make, these materials generally
available through the docket for this action, EPA-R04-OAR-2022-0741, 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 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 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);
[[Page 9411]]
<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 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 South Carolina's state plan
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
Administrative practice and procedure, Air pollution control,
Environmental protection, Landfills, Incorporation by reference,
Intergovernmental relations, Methane, Ozone, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 3, 2023.
Daniel Blackman,
Regional Administrator Region 4.
[FR Doc. 2023-02700 Filed 2-13-23; 8:45 am]
BILLING CODE 6560-50-P
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