Proposed Rule2023-14036
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Hampshire; Delegation of Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to publish its approval of delegation of authority to the New Hampshire Department of Environmental Services (NH DES) for implementing and enforcing the Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014 under the Clean Air Act (CAA). On February 6, 2023, the NHDES Commissioner signed a memorandum of agreement (MoA) concerning the delegation of authority of the Federal Plan for existing municipal solid waste landfills to NHDES by EPA. Subsequently, the MoA became effective upon signature of the EPA Region 1 Deputy Regional Administrator on June 27, 2023. This notice informs the public of the MoA, provides a copy of the signed document, and proposes amending regulatory text to acknowledge the delegation of authority.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Proposed Rules]
[Pages 43259-43262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14036]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2023-0305; FRL-11112-01-R1]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; New Hampshire; Delegation of Authority
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
publish its approval of delegation of authority to the New Hampshire
Department of Environmental Services (NH DES) for implementing and
enforcing the Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction On or Before July 17, 2014 and
Have Not Been Modified or Reconstructed Since July 17, 2014 under the
Clean Air Act (CAA). On February 6, 2023, the NHDES Commissioner signed
a memorandum of agreement (MoA) concerning the delegation of authority
of the Federal Plan for existing municipal solid waste landfills to
NHDES by EPA. Subsequently, the MoA became effective upon signature of
the EPA Region 1 Deputy Regional Administrator on June 27, 2023. This
notice informs the public of the MoA, provides a copy of the signed
document, and proposes amending regulatory text to acknowledge the
delegation of authority.
DATES: Written comments must be received on or before August 7, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0305 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#305b595c4051444259535b1e5a554343595351705540511e575f46"><span class="__cf_email__" data-cfemail="fc9795908c9d888e959f97d296998f8f959f9dbc998c9dd29b938a">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for
[[Page 43260]]
submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. Publicly available docket materials are
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the U.S. Environmental
Protection Agency, EPA Region 1 Regional Office, Air and Radiation
Division, 5 Post Office Square--Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures
due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Jessica Kilpatrick, Air Permits,
Toxics, and Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Mail
Code: 5-MI, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-
918-0652 Email: <a href="/cdn-cgi/l/email-protection#96fdfffae6f7e2e4fff5fdb8fcf3e5e5fff5f7d6f3e6f7b8f1f9e0"><span class="__cf_email__" data-cfemail="cfa4a6a3bfaebbbda6aca4e1a5aabcbca6acae8faabfaee1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Proposed Action
III. Statutory and Executive Order Reviews
I. Background
On May 21, 2021, EPA published a final rule in the Federal Register
at 86 FR 27756 \1\ for Federal Plan Requirements for Municipal Solid
Waste (MSW) Landfills That Commenced Construction On or Before July 17,
2014, and Have Not Been Modified or Reconstructed Since July 17, 2014,
pursuant to section 111(d) of the CAA. This Federal Plan implements the
2016 Emission Guidelines, 40 CFR part 60, subpart XXX, Standards of
Performance for Municipal Solid Waste Landfills That Commenced
Construction, Reconstruction, or Modification After July 17, 2014, in
areas without an approved state plan by requiring existing MSW
landfills that reach a landfill gas emissions threshold of 34 metric
tons of nonmethane organic compounds (NMOC) or more per year to install
a system to collect and control landfill gas. Other requirements for
applicable sources include emission limits, compliance schedules,
testing, monitoring, reporting, and recordkeeping. The final rule
established how a state can receive delegation of the MSW Landfills
Federal Plan for implementation and enforcement authority on behalf of
EPA. This procedure requires the state to submit a letter to EPA that
(1) demonstrates that the State has adequate resources, as well as the
legal and enforcement authority, to administer and enforce the program;
(2) includes an inventory of designated MSW landfills, which includes
those that have ceased operation, but have not been dismantled or
rendered inoperable, and an inventory of the designated units' air
emissions; (3) certifies that a public hearing was held on the state
delegation request; and (4) includes an MoA between the State and the
EPA that sets forth the terms and conditions of the delegation, the
effective date of the agreement, and the mechanism to transfer
authority.
---------------------------------------------------------------------------
\1\ <a href="https://www.govinfo.gov/content/pkg/FR-2021-05-21/pdf/2021-10109.pdf">https://www.govinfo.gov/content/pkg/FR-2021-05-21/pdf/2021-10109.pdf</a>.
---------------------------------------------------------------------------
As a result of EPA's rulemaking, in July 2021 NHDES Air Resources
Division staff expressed interest in acquiring delegation of authority
to implement and enforce the Federal Plan for MSW landfills located in
New Hampshire, in accordance with CAA section 112(l) and 40 CFR 63.91.
On December 14, 2021 NHDES submitted to EPA Region 1 Air and Radiation
Division staff a preliminary draft of an MoA between the State and EPA
concerning this delegation. EPA and NHDES staff coordinated final edits
to the document until an agreement was met between the parties. NHDES
incorporated 40 CFR part 62, subpart OOO (Subpart OOO) Federal Plan
Requirements for Municipal Solid Waste Landfills That Commenced
Construction On or Before July 17, 2014 and Have Not Been Modified or
Reconstructed Since July 17, 2014 into the New Hampshire Code of
Administrative Rules, Chapter Env-A 500, Standards Applicable to
Certain New or Modified Facilities and Sources of Hazardous Air
Pollutants; State Plan for Designated Facilities and Pollutants, Part
Env-A 506, State Plans for Designated Facilities and Pollutants. NHDES
held a public hearing regarding the proposed rulemaking in accordance
with 40 CFR 51.102 on February 22, 2022 in Concord, New Hampshire as
well as virtually through WebEx software. The comment period lasted
until March 4, 2022. That amendment became effective on May 25, 2022.
On February 6, 2023 NHDES submitted to EPA a formal written request
for delegation of authority to implement and enforce the Federal Plan
for MSW landfills located in New Hampshire. The letter attached the
following documents, Attachment 1: State Resources, Legal and
Enforcement Authority, Attachment 2: Inventory of Designated MSW
Landfills and Emission Summary, Attachment 3: Public Hearing
Certification, Attachment 4: Public Hearing Certification, Attachment
4: MoA between EPA and NHDES, and Attachment 5: Env-A 500, Standards
Applicable to Certain New or Modified Facilities and Sources of
Hazardous Air Pollutants; State Plans for Designated Facilities and
Pollutants.
After consideration of these materials, EPA determined that the
request letter and attached documents adequately fulfilled the state
delegation criteria provided in the final rulemaking notice. NHDES
demonstrated that its air agency has the requisite authority and
resources to administer and enforce the Federal Plan, via New
Hampshire's Revised Statutes Annotated (RSA) 125-C:6 Powers and Duties
of the Commissioner, 125-C:12 RSA Administrative Requirements, and RSA
125-C:15 Enforcement. According to the submitted inventory, the State
of New Hampshire currently has four active MSW landfills that are
subject to Subpart OOO: Mount Carberry Secure Landfill (Success), Four
Hills Solid Waste Landfill (Nashua), City of Lebanon Solid Waste
Facility (Lebanon), and Lower Mount Washington Valley Secure Solid
Waste Facility (Conway). NHDES provided a table of the reported NMOC
annual emissions from these landfills from 2015 through 2021. The
Certification of Public Process document, signed by Commissioner Scott
on February 6, 2023, confirms the public hearing was held on February
22, 2022 for ``Revision to Env-A 500, Standards Applicable to Certain
New or Modified Facilities and Sources of Hazardous Air Pollutants;
State Plans
[[Page 43261]]
for Designated Facilities and Pollutants and request for delegation of
the following standards: 40 CFR part 62 Subpart OOO, Federal Plan
Requirements for Municipal Solid Waste Landfills That Commenced
Construction On or Before July 17, 2014 and Have Not Been Modified or
Reconstructed Since July 17, 2014.''
The Memorandum of Agreement Concerning the Delegation of Authority
of the Federal Plan for Existing Municipal Solid Waste Landfills to the
New Hampshire Department of Environmental Services by the United States
Environmental Protection Agency includes the delegation conditions
established, the authorities which NHDES assumes and EPA retains, a
policy statement defining the responsibilities of both parties, program
implementation procedures, reporting and transmittal of information
requirements, and contact information. It states that the MoA is
effective upon authorized signature by both NHDES and EPA and shall
have an effective date of the last date on which it is signed. The
mechanism to transfer authority is explicitly identified to be upon
signature of both parties. Subsequently, EPA will publish a Federal
Register action delegating NHDES the authority to implement and enforce
the Federal Plan.
The MoA was signed by the NHDES Commissioner on February 6, 2023
and became effective upon signature of the EPA Region 1 Deputy Regional
Administrator on June 27, 2023. The Federal Plan is codified at Title
40 Code of Federal Regulations, Part 62, Subpart OOO. The text of EPA's
and NHDES's MoA, effective June 27, 2023, is incorporated by reference
in this docket.
II. Proposed Action
EPA is proposing to amend regulatory text at 40 CFR part 62,
subpart EE--New Hampshire to promulgate the approved delegation of
authority to the NHDES for implementing and enforcing the Federal Plan
Requirements for Municipal Solid Waste Landfills That Commenced
Construction On or Before July 17, 2014 and Have Not Been Modified or
Reconstructed Since July 17, 2014 at 40 CFR part 62, subpart OOO. The
proposed regulatory text is included in this proposed rule.
EPA is soliciting public comments on the proposed regulatory text
or on other relevant matters. These comments will be considered before
taking final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments to this proposed
action by following the instructions listed in the ADDRESSES section of
this Federal Register.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a State
Plan submittal that complies with the provisions of the Act and
applicable Federal regulations. CAA sections 111(d) and 129(b); 40 CFR
part 60, subparts Ba and Cf; and 40 CFR part 62, subpart A; and 40 CFR
62.04. Thus, in reviewing state plan submissions, EPA's role is to
approve state choices, provided they meet the criteria of the CAA.
Accordingly, this proposed 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> 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); and
<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.
<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 rule 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, Administrative practice and procedure,
Air pollution control, Industrial facilities, Intergovernmental
relations, Methane, Reporting and recordkeeping requirements, Waste
treatment and disposal.
Dated: June 27, 2023.
Karen McGuire,
Deputy Regional Administrator, EPA Region 1.
Part 62 of chapter I, title 40 of the Code of Federal Regulations
is proposed to be amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Revise Sec. 62.7405 to read as follows:
Sec. 62.7405 Identification of plan--delegation of authority.
(a) Letter from the New Hampshire Department of Environmental
Services (NHDES), submitted February 6, 2023, requested delegation of
authority from the EPA to implement and enforce the Federal Plan
Requirements for Municipal Solid Waste Landfills That Commenced
Construction On or Before July 17, 2014 and Have Not Been Modified or
Reconstructed Since July 17, 2014 (Existing MSW Landfills Federal Plan)
at Subpart OOO of this part.
(b) Identification of sources. The Existing MSW Landfills Federal
Plan applies each municipal solid waste landfill that meets the
following criteria:
(1) Commenced construction, reconstruction, or modification on or
before July 17, 2014.
(2) Accepted waste at any time since November 8, 1987, or has
additional capacity for future waste deposition.
(c) On February 6, 2023, NHDES Commissioner Robert R. Scott signed
the Memorandum of Agreement Concerning the Delegation of Authority
[[Page 43262]]
of the Federal Plan for Existing Municipal Solid Waste Landfills to the
New Hampshire Department of Environmental Services by the United States
Environmental Protection Agency. On June 27, 2023, Region 1 Deputy
Regional Administrator Karen McGuire signed the MoA.
(d) The delegation became fully effective as of June 27, 2023.
[FR Doc. 2023-14036 Filed 7-6-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 7, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.