Proposed Rule2023-17690
Approval of State Plans for Designated Facilities and Pollutants; MO; Approval and Promulgation of Implementation Plans; Control of Emissions From Existing Municipal Solid Waste Landfills
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
August 21, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA) plan and two state rules submitted by the Missouri Department of Natural Resources (MoDNR) on July 25, 2022. This plan was submitted to fulfill the state's obligations under the CAA to implement and enforce the requirements of the Emissions Guidelines and Compliance Times for municipal solid waste (MSW) landfills. This plan includes an inventory of affected sources and explains how the state rules fulfill the regulatory requirements needed for EPA to approve the plan. In addition, the EPA is proposing to approve a revision to the State Implementation Plan (SIP) submitted by MoDNR for the purpose of revising the Missouri rule entitled "Municipal Solid Waste Landfills" to incorporate by reference Emission Guidelines (EG) for MSW landfills. EPA is proposing to approve this SIP revision based on EPA's finding that the rule is as stringent as the rule it replaces and fulfills the requirements of the CAA for the protection of the ozone National Ambient Air Quality Standards (NAAQS) in St. Louis.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 160 (Monday, August 21, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Proposed Rules]
[Pages 56787-56791]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17690]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 62
[EPA-R07-OAR-2023-0199; FRL-10830-01-R7]
Approval of State Plans for Designated Facilities and Pollutants;
MO; Approval and Promulgation of Implementation Plans; Control of
Emissions From Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Clean Air Act (CAA) plan and two state rules submitted by the
Missouri Department of Natural Resources (MoDNR) on July 25, 2022. This
plan was submitted to fulfill the state's obligations under the CAA to
implement and enforce the requirements of the Emissions Guidelines and
Compliance Times for municipal solid waste (MSW) landfills. This plan
includes an inventory of affected sources and explains how the state
rules fulfill the regulatory requirements needed for EPA to approve the
plan. In addition, the EPA is proposing to approve a revision to the
State Implementation Plan (SIP) submitted by MoDNR for the purpose of
revising the Missouri rule entitled ``Municipal Solid Waste Landfills''
to incorporate by reference Emission Guidelines (EG) for MSW landfills.
EPA is proposing to approve this SIP revision based on EPA's finding
that the rule is as stringent as the rule it replaces and fulfills the
requirements of the CAA for the protection of the ozone National
Ambient Air Quality Standards (NAAQS) in St. Louis.
DATES: Comments must be received on or before September 20, 2023.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0199 to <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Written Comments''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Allyson Prue, Environmental Protection
Agency, Region 7 Office, Air Permitting and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7277; email address: <a href="/cdn-cgi/l/email-protection#cdbdbfb8a8e3aca1a1b4bea2a38da8bdace3aaa2bb"><span class="__cf_email__" data-cfemail="176765627239767b7b6e6478795772677639707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. CAA 111(d) and Landfill Emission Guidelines Background
IV. Background for Missouri's Municipal Solid Waste Landfill Rule
for the St. Louis Ozone Nonattainment Area
V. Summary and Analysis of the 111(d) Plan Submittal
VI. Summary and Analysis of Missouri's SIP Revision
VII. Proposed Action
VIII. Incorporation by Reference
IX. Statutory and Executive Order Review
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2023-
0199, at <a href="http://www.regulations.gov">www.regulations.gov</a>. Once submitted, comments cannot be edited
or removed from <a href="http://Regulations.gov">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
[[Page 56788]]
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://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
II. What is being addressed in this document?
EPA is proposing to approve Missouri's section 111(d) State Plan
for Existing MSW Landfills (Missouri's section 111(d) State Plan) and
two state rules accompanying the plan pursuant to 40 CFR part 60,
subparts B and Cf. Missouri state rule 10 Code of State Regulations
(CSR) 10-6.310 ``Restriction of Emissions from Municipal Solid Waste
Landfills'' (which covers all areas of Missouri except St. Louis) and
10 CSR 10-5.490 ``Municipal Solid Waste Landfills'' (which covers the
St. Louis area) provide the enforceable portion of Missouri's section
111(d) State Plan. The state rules incorporate by reference the federal
plan located at 40 CFR part 62, subpart OOO as the underlying rule
which implements and enforces the applicable provisions under the 2016
MSW landfill EG at 40 CFR part 60, subpart Cf.
As part of this action, EPA is also proposing to approve the
revision to 10 CSR 10-5.490, which implements the 2016 MSW landfill EG
at more stringent thresholds in the St. Louis ozone nonattainment area,
into Missouri's SIP. EPA's proposed approval of 10 CSR 10-5.490 is in
accordance with section 110 of the CAA and 40 CFR part 51.
EPA's detailed rationale and discussion concerning Missouri's
section 111(d) State Plan, including the revisions to 10 CSR 10-6.310
and 10 CSR 10-5.490 can be found in the EPA Technical Support Document
(TSD), located in the docket for this rulemaking.
III. CAA 111(d) and Landfill Emission Guidelines Background
Section 111 of the CAA, ``Standards of Performance for New
Stationary Sources,'' directs the EPA to establish emission standards
for stationary sources of air pollution that could potentially endanger
public health or welfare. These standards are referred to as New Source
Performance Standards (NSPS). Section 111(b) directs EPA to publish and
periodically revise a list of categories of stationary sources which
cause or significantly contribute to air pollution, and to establish
NSPS within these categories. Section 111(b)(1)(B) applies to new
sources.
When NSPS are promulgated for new sources, section 111(d) and EPA
regulations require that the EPA publish an Emission Guideline (EG) to
regulate the same pollutants from existing facilities. Section 111(d)
addresses the process by which the EPA and states regulate standards of
performance for existing sources belonging to those categories
established in section 111(b). While NSPS are directly applicable to
new sources, EGs for existing sources (designated facilities) are
intended for states to use to develop a state plan to submit to the
EPA.
EPA established requirements for state plan submittals in 40 CFR
part 60, subpart B. State submittals under CAA section 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. Once approved by the EPA, the state plan becomes
federally enforceable. If a State does not submit an approvable state
plan to the EPA, the EPA is responsible for developing, implementing,
and enforcing a Federal plan.
The MSW landfills NSPS for new landfills and EG for existing
landfills were first promulgated by the EPA on March 12, 1996, in 40
CFR part 60, subparts WWW and Cc, respectively (61 FR 9905). We first
approved Missouri's section 111(d) plan for MSW landfills on April 24,
1998 (63 FR 20320). On August 29, 2016, EPA finalized revised Standards
of Performance for new MSW landfills and Emission Guidelines and
Compliance Times for Existing MSW Landfills (2016 MSW Landfills EG) in
40 CFR part 60, subparts XXX and Cf, respectively (81 FR 59331 and 81
FR 59275). The 2016 MSW Landfills EG revision updates the control
requirements and monitoring, reporting, and recordkeeping provisions
for existing MSW landfill sources.
On May 21, 2021, EPA finalized a federal plan to implement the 2016
MSW Landfills EG where state plans were not in effect (86 FR 27756). On
July 25, 2022, MoDNR submitted to EPA a formal section 111(d) plan and
two state rules for existing MSW landfills. These rules are 10 CSR 10-
6.310 ``Restriction of Emissions from Municipal Solid Waste Landfills''
(which covers all areas of Missouri except St. Louis) and 10 CSR 10-
5.490 ``Municipal Solid Waste Landfills'' (which covers the St. Louis
area). The state rules incorporate by reference the federal plan
located at 40 CFR part 62, subpart OOO to use as the underlying rule
which implements and enforces the applicable provisions under the 2016
MSW landfill EG at 40 CFR part 60, subpart Cf.
For the reasons discussed below, EPA proposes to find that
Missouri's section 111(d) State Plan meets the relevant requirements of
the CAA section 111(d) implementing regulations at 40 CFR part 60,
subpart B and 40 CFR part 60, subpart Cf.
IV. Background for Missouri's Municipal Solid Waste Landfill Rule for
the St. Louis Ozone Nonattainment Area
The St. Louis area was designated nonattainment for the 1-hour
ozone standard in 1978 (43 FR 8962). On November 6, 1991, the EPA
promulgated a regulation which classified the St. Louis area as a
moderate ozone nonattainment area (56 FR 56694). The nonattainment area
consisted of Madison, Monroe, and St. Claire counties in Illinois; and
Franklin, Jefferson, St. Charles, and St. Louis counties and St. Louis
City in Missouri. The St. Louis area is currently designated
nonattainment for the 8-hour (2015) ozone standard (83 FR 25776 \1\).
---------------------------------------------------------------------------
\1\ The 2015 8-hour ozone nonattainment designation included
part of Franklin County (Boles Township), St. Charles County, St.
Louis County, and the City of St. Louis in Missouri, and Madison and
St. Clair counties in Illinois.
---------------------------------------------------------------------------
Section 182(b)(1)(A) of the Act requires that each state in which
all or part of a moderate ozone nonattainment area is located submit a
SIP revision providing for a 15 percent reduction in emissions of
volatile organic compounds. These plans are commonly referred to as
Rate of Progress Plans (ROPP).
EPA approved Missouri's 15 percent ROPP on May 18, 2000 (65 FR
31485). Missouri's 15 percent ROPP included state rule 10 CSR 10-5.490,
``Control of Emissions from Municipal Solid Waste Landfills,'' that
required the use of gas collection systems to reduce VOC emissions by
98% at six municipal solid waste landfills in the St. Louis area. The
rule has been subsequently revised to maintain consistency with federal
requirements, with the most recent
[[Page 56789]]
revision approved by EPA on April 15, 2014 (79 FR 21187).
Missouri revised 10 CSR 10-5.490 to implement the 2016 MSW landfill
EG at more stringent thresholds in the St. Louis ozone nonattainment
area and submitted the rule to EPA for approval as part of Missouri's
section 111(d) State Plan and for approval as a revision to Missouri's
SIP in accordance with section 110 of the CAA. For the reasons
discussed below, EPA proposes to find that Missouri's submission meets
the applicable requirements of section 110 of the CAA and 40 CFR part
51.
V. Summary and Analysis of the 111(d) Plan Submittal
The EPA has reviewed Missouri's section 111(d) State Plan 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's detailed
rationale and discussion concerning Missouri's section 111(d) State
Plan can be found in the EPA TSD located in the docket for this
rulemaking. As detailed in the TSD, the state followed all applicable
administrative procedures in proposing and adopting these rule and plan
actions in accordance with 40 CFR parts 60, subpart B, Sec. Sec. 60.23
through 60.26.
Included within Missouri's section 111(d) State Plan are revisions
to 10 CSR 10-5.490 ``Municipal Solid Waste Landfills''; and 10 CSR 10-
6.310 ``Restriction of Emissions from Municipal Solid Waste
Landfills''. These state rules incorporate by reference the new federal
emissions thresholds and compliance schedules (40 CFR part 62, subpart
OOO) for MSW landfills that accepted waste after November 8, 1987, and
commenced construction, reconstruction, or modification before July 17,
2014.
Missouri's section 111(d) State Plan further describes how each
requirement of the federal regulations is met by the state plan and
rules. One element of this plan is the required inventory of affected
landfills in the state. This inventory is contained in Table 1 of the
state's submission which is included in the docket for this action. The
state also met the public notice requirements for the plan and rules as
demonstrated in Chapter 11 of the state's submittal. Table 2 of the
state plan includes the compliance schedule for existing MSW landfills
which is identical to the federal plan.
As required by 40 CFR 60.24, Missouri identified 10 CSR 10-5.490
and 10 CSR 10-6.310 as the enforceable state mechanisms that implement
the MSW EGs. The state rules apply to each MSW landfill that has
accepted waste at any time since November 8, 1987 or has additional
design capacity available for future waste deposition, and that
commenced construction, reconstruction, or modification on or before
July 17, 2014. The state rules reference the appropriate section of 40
CFR part 62, subpart OOO for each relevant requirement such as
compliance times, test methods, monitoring, recordkeeping and
reporting. The provisions of 40 CFR part 62, subpart OOO are consistent
with the requirements of 40 CFR part 60, subpart Cf. EPA finds this
method of directly referencing federal regulations for each requirement
sufficient to ensure the accurate version of requirements is referenced
for affected facilities.
EPA continues to retain the following authorities that are not
delegable to state agencies as described in 40 CFR 62.16710(b):
Approval of alternative methods to determine the site-specific
nonmethane organic compounds (NMOC) concentration or a site-specific
methane generation rate constant (k); Alternative emission standards;
Major alternatives to test methods (Major alternatives to test methods
or to monitoring are modifications made to a federally enforceable test
method or to a Federal monitoring requirement that may involve the use
of unproven technology or modified procedures or an entirely new
method); and waivers of recordkeeping. If a design plan includes
alternative requests under 40 CFR 62.16710(b), MoDNR must forward the
design plan to EPA for review and approval prior to its action on the
design plan.
State rule 10 CSR 10-5.490 applies to the St. Louis area,
consisting of St. Louis City and Franklin, Jefferson, St. Charles, and
St. Louis Counties. The requirements contained in state rule 10 CSR 10-
5.490 are identical to 40 CFR part 62, subpart OOO except that the
state rule implements a smaller landfill size limit and a lower
emission cutoff limit that triggers requirements for a landfill gas
collection and control system (GCCS). State rule 10 CSR 10-6.310
applies statewide to affected facilities. Landfills in the St. Louis
area covered by 10 CSR 10-5.490 are exempt from this statewide rule.
The requirements in the state rule are identical to 40 CFR part 62,
subpart OOO.
The Missouri submittal package includes all materials necessary to
be deemed administratively and technically complete according to the
criteria of 40 CFR 60.27. Missouri notified the public on December 27,
2021 concerning the proposed 111(d) plan and held a public hearing on
January 27, 2022. The state's public comment period opened on December
27, 2021 and closed on February 3, 2022.
VI. Summary and Analysis of Missouri's SIP Revision
Missouri revised 10 CSR 10-5.490 to implement the 2016 MSW landfill
EG at more stringent thresholds in the St. Louis ozone nonattainment
area. The emission standards and compliance schedules from 40 CFR part
62, subpart OOO are incorporated by reference into 10 CSR 10-5.490. The
requirements that apply to existing MSW landfills with design
capacities equal to or greater than 2.5 million Mg and 2.5 million m\3\
in subpart OOO apply to MSW landfills in the St. Louis area if their
design capacities are 1.0 million Mg and 1.0 million m\3\. The emission
threshold at which landfills must install and operate GCCS in the St.
Louis area rule is 25 Mg per year, as opposed to 34 Mg per year (50 Mg
per year for closed landfills) in subpart OOO. The lower thresholds in
10 CSR 10-5.490 also apply to closed landfills that seek to discontinue
their GCCS.
The lower design capacity thresholds and emission thresholds in the
revision to 10 CSR 10-5.490 are identical to the design capacity
thresholds and emission thresholds previously approved into the SIP by
EPA and as part of Missouri's 15 Percent Rate of Progress Plan.
Missouri's incorporation by reference of 40 CFR part 62, subpart OOO
imposes more stringent requirements on existing landfills in the St.
Louis area than those imposed on landfills under the previously SIP-
approved version of 10 CSR 10-5.490. As such, EPA proposes to find that
the revisions to 10 CSR 10-5.490 do not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the CAA and are therefore
consistent with the requirements of section 110(l) of the CAA.
The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from December 27,
2021 to February 3, 2022 and held a public hearing on January 27, 2022.
The State received one comment on 10 CSR 10-5.490 concerning
incorporation by reference of federal requirements and modified the
rule in response.
As explained above and in more detail in the TSD, which is part of
this
[[Page 56790]]
docket, the revision meets the substantive SIP requirements of the CAA,
including section 110 and implementing regulations. In accordance with
section 110 of the CAA and 40 CFR part 51, EPA is proposing to approve
10 CSR 10-5.490 into Missouri's SIP.
VII. Proposed Action
The EPA is proposing to determine that Missouri's section 111(d)
State Plan and associated state rules satisfy the requirements of 40
CFR part 60, subparts B and Cf.
The EPA is proposing to approve the Missouri section 111(d) plan
and the two state rules for MSW landfills pursuant to 40 CFR part 60,
subparts B and Cf. Therefore, EPA is proposing to amend 40 CFR part 62,
subpart AA, to reflect this action. The EPA's final approval of
Missouri's section 111(d) plan will result in the replacement of the
federal plan currently in place in the State of Missouri with the state
plan being proposed for approval. The state plan does not extend any
reporting or compliance deadlines stipulated in the current federal
plan.
The EPA is also proposing to approve the July 30, 2022 state
effective version of 10 CSR 10-5.490, which incorporates requirements
established in EPA's updated Emission Guidelines, into the Missouri SIP
replacing the prior SIP-approved version of the state rule. EPA is
proposing to amend 40 CFR part 52, subpart AA, to reflect this action.
We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
VIII. Incorporation by Reference
In this document, EPA is proposing to include regulatory text in an
EPA final rule that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Missouri state rules 10 CSR 10-5.490 and 10 CSR 10-6.310,
effective July 30, 2022, which regulate municipal solid waste
landfills, as discussed in detail in Section V. of this preamble, into
40 CFR part 62. EPA is also proposing to incorporate by reference
Missouri state rule 10 CSR 10-5.490, state effective July 30, 2022,
which regulates municipal solid waste landfills in the St. Louis area,
as discussed in detail in Section VI. of this preamble, into 40 CFR
part 52. EPA has made, and will continue to make, these materials
generally available through the docket for this action, EPA-R07-OAR-
2023-0199, at <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 7 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
IX. Statutory and Executive Order Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Under the CAA,
the Administrator is required to approve a CAA section 111(d)
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 7429; 40 CFR part 60,
subparts B and Cf; and 40 CFR part 62, subparts A and OOO. Thus, in
reviewing CAA section 111(d) state plan submissions and SIP
submissions, the EPA's role is to approve state choices provided that
they meet the minimum 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 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 Clean Air Act;
In addition, the SIP and the CAA section 111(d) submission 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 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
MoDNR did not evaluate environmental justice considerations as part
of its 111(d) plan and SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
[[Page 56791]]
40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: August 11, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR parts 52 and 62 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA-Missouri
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-5.490'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
Missouri citation Title State effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-5.490................. Municipal Solid July 30, 2022....... [Date of publication ...................
Waste Landfills. of the final rule
in the Federal
Register], [Federal
Register citation
of the final rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
3. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri Air Emissions From Existing Municipal Solid
Waste Landfills
0
4. Revise Sec. 62.6357 to read as follows:
Sec. 62.6357 Missouri Department of Natural Resources.
(a) Identification of plan. Missouri plan for control of landfill
gas emissions from existing municipal solid waste landfills and
associated state regulations submitted on January 26, 1998, with
amendments on September 8, 2000, February 9, 2012, and July 25, 2022.
The plan includes the regulatory provisions cited in paragraph (d) of
this section, which EPA incorporates by reference.
(b) Identification of sources. The plan applies to all existing
municipal solid waste landfills for which construction, reconstruction,
or modification was commenced before May 30, 1991, that accepted waste
at any time since November 8, 1987, or that have additional capacity
available for future waste deposition, and have design capacities
greater than 2.5 million megagrams and nonmethane organic emissions
greater than 50 megagrams per year, as described in 40 CFR part 60,
subpart Cc.
(c) Effective date. The effective date of the plan for municipal
solid waste landfills is June 23, 1998. The amendments are effective
January 16, 2001, May 30, 2012, and [date 30 days after date of
publication of the final rule in the Federal Register], respectively.
(d) Incorporation by reference. (1) The material incorporated by
reference in this section was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the material may be inspected or obtained from the EPA Region
7 office, 11201 Renner Boulevard, Lenexa, Kansas 66219, 913-551-7003,
or from the source in paragraph (d)(2) of this section. Copies may be
inspected at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, visit
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#7513075b1c1b06051016011c1a1b351b1407145b121a03"><span class="__cf_email__" data-cfemail="5432267a3d3a27243137203d3b3a143a3526357a333b22">[email protected]</span></a>.
(2) State of Missouri, 600 West Main Street, Jefferson City,
Missouri 65101, 573-751-4015.
(i) 10 CSR 10-5.490, Municipal Solid Waste Landfills, effective
July 30, 2022.
(ii) 10 CSR 10-6.310, Restriction of Emissions from Municipal Solid
Waste Landfills, effective July 30, 2022.
[FR Doc. 2023-17690 Filed 8-18-23; 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 August 21, 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.