Proposed Rule2023-24959
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Alabama; 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
November 13, 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 Alabama Department of Environmental Management (ADEM) on October 18, 2021. 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 Alabama state plan establishes emission limits for existing MSW landfills and provides for the implementation and enforcement of those standards and requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 217 (Monday, November 13, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Proposed Rules]
[Pages 77542-77544]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24959]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2023-0048; FRL-10936-01-R4]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Alabama; 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) section 111(d) plan submitted by the
Alabama Department of Environmental Management (ADEM) on October 18,
2021. 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 Alabama
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 December 13,
2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0048 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#6a1d0b1e19050444070b180305042a0f1a0b440d051c"><span class="__cf_email__" data-cfemail="aaddcbded9c5c484c7cbd8c3c5c4eacfdacb84cdc5dc">[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 October 18, 2021, the ADEM 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
[[Page 77543]]
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 Alabama 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 40 CFR part 62, subpart A. EPA is
proposing to determine that the submitted section 111(d) plan meets the
above cited requirements. The Alabama 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 ADEM
Administrative Code specifically, ADEM Administrative Code Rule 335-3-
19--``Control of Municipal Solid Waste Landfill Gas Emissions.''
Alabama houses its implementation and enforcement authority for the
state plan requirements in this regulation. In this action, EPA is
proposing to incorporate by reference ADEM Administrative Code Rule
335-3-19, which became effective in the State of Alabama on December
13, 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 Alabama 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 B to reflect this action.
This approval is based on the rationale previously discussed and
discussed 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 ADEM Administrative Code Rule 335-3-19, which became
effective in the State of Alabama on December 13, 2021. ADEM
Administrative Code Rule 335-3-19 provides details regarding Alabama'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-2023-0048, 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);
<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
Executive Order 12898 (59 FR 7629), February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
The EPA believes that the human health and environmental conditions
that exist prior to this action result in, or have the potential to
result in, disproportionate and adverse human health or environmental
effects on people of color, low-income populations, and/or Indigenous
peoples. Certain areas of the State include communities that are
pollution-burdened and underserved according to demographic data. EPA
performed a screening-level analysis using EPA's EJSCREEN to identify
environmental burdens and susceptible populations in communities
surrounding MSW landfill facilities in the State. The results of the
demographic analysis are presented in the EJ Screening Report for
Municipal Solid Waste Landfills, a copy of which is available in the
docket for this action, Docket ID No. EPA-R04-EPA-2023-0048.
The EPA believes that this action is not likely to result in
disproportionate and adverse effects on people of color, low-income
populations, and/or Indigenous peoples because the State plan would
reduce emissions of landfill gas, which contains both nonmethane
organic compounds and methane. Nonmethane organic compounds can contain
various organic hazardous air pollutants (HAPs) and volatile organic
compounds (VOCs). Nearly 30 organic HAPs have been identified in
uncontrolled landfill gas, with at least one identified as a known
human carcinogen. VOC emissions are precursors to particulate matter
and ozone formation, both of which are associated with health effects
such as premature mortality for adults and infants, cardiovascular
morbidity such as heart attacks, and respiratory morbidity such as
asthma attacks, acute bronchitis, and other respiratory symptoms.
Additionally, the State plan is expected to result in a reduction of
carbon dioxide due to reduced demand by landfills for electricity from
the grid, as landfills will generate electricity from landfill gas.
These abated emissions will improve air quality and reduce the effects
associated with exposure to landfill gas emissions, protecting public
[[Page 77544]]
health and welfare. The EPA has determined that this action increases
the level of environmental protection for all affected populations
without having any disproportionately high and adverse human health or
income or environmental effects on any population, including any
minority, low-income, or Indigenous populations. To the extent that any
minority, low-income, or Indigenous subpopulation is disproportionately
impacted by landfill gas emissions due to the proximity of their homes
to sources of these emissions, that subpopulation also stands to see
increased environmental and health benefit from the emission reductions
called for by this action.
In addition, this proposed approval of Alabama'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: November 2, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-24959 Filed 11-9-23; 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 November 13, 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.