Rule2024-04942
South Carolina; Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Control of Emissions From Existing Municipal Solid Waste Landfills
Primary source
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Published
March 12, 2024
Effective
April 11, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a Clean Air Act (CAA) 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 (EG) and Compliance Times for municipal solid waste (MSW) landfills. The South Carolina State plan establishes performance standards and other operating requirements 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 89 Issue 49 (Tuesday, March 12, 2024)</title>
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[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Rules and Regulations]
[Pages 17759-17762]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04942]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2022-0741; FRL-10507-02-R4]
South Carolina; Approval and Promulgation of State Plans for
Designated Facilities and Pollutants; Control of Emissions From
Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean
Air Act (CAA) 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
[[Page 17760]]
the CAA and is responsive to EPA's promulgation of Emissions Guidelines
(EG) and Compliance Times for municipal solid waste (MSW) landfills.
The South Carolina State plan establishes performance standards and
other operating requirements for existing MSW landfills and provides
for the implementation and enforcement of those standards and
requirements.
DATES: This rule is effective on April 11, 2024. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register as of April 11, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2022-0741. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information may not be publicly available, e.g., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Tracy Watson, Regulatory and Community
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#abdccadfd8c4c585c6cad9c2c4c5ebcedbca85ccc4dd"><span class="__cf_email__" data-cfemail="acdbcdd8dfc3c282c1cddec5c3c2ecc9dccd82cbc3da">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The EPA published a notice of proposed rulemaking (NPRM) for the
State of South Carolina on February 14, 2023 (88 FR 9409). In the NPRM,
the EPA proposed the approval of a CAA section 111(d) State plan
submitted by the SCDHEC on January 19, 2022. The EPA's analysis of the
South Carolina State plan may be found in the aforementioned NPRM and
the technical support document (TSD) associated with this docket.
Comments on the EPA's proposed approval of the South Carolina State
plan for existing MSW landfills were due on or before March 16, 2023.
The EPA received no comments during the public comment period.
II. Final Action
The EPA is finalizing approval of South Carolina's section 111(d)
State plan for MSW landfills. The State plan was submitted in full
compliance with the requirements of 40 CFR part 60, subparts B and Cf.
Therefore, EPA is amending 40 CFR part 62, subpart PP to reflect this
approval action. This approval is based on the rationale provided in
the NPRM and discussed in further detail in the TSD associated with
this rulemaking. The EPA's approval is in accordance with the general
provisions of plan approval found in 40 CFR part 60, subpart B and 40
CFR part 62, subpart A, and is pursuant to the Agency's role under 42
U.S.C. 7411(d). The EPA's approval of the South Carolina plan is
limited to those landfills that meet the criteria established in 40 CFR
part 60, subpart Cf, and grants the State authority to implement and
enforce the performance standards and source requirements of the EG,
except in those cases where authorities are specifically reserved for
the EPA Administrator or his designee. Authorities retained by the EPA
Administrator are those listed in 40 CFR 60.30f(c).
III. Incorporation by Reference
In accordance with requirements of 1 CFR 51.5, the EPA is
finalizing regulatory text that includes incorporation by reference of
South Carolina Code Annotated Regulations (S.C. Code Ann. Regs.) 61-
62.60, Subpart Cf, which became effective in the State of South
Carolina on November 26, 2021. This incorporation establishes emission
standards and compliance times for the control of air pollutants from
certain MSW landfills that commenced construction, modification, or
reconstruction on or before July 17, 2014. S.C. Code Ann. Regs. 61-
62.20, Subpart Cf provides details regarding South Carolina'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). 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 landfills subject to Subpart Cf. The 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 the EPA Region 4 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information). This incorporation by reference
has been approved by the Office of the Federal Register as of April 11,
2024, and the plan is federally enforceable under the CAA as of the
effective date of this final rulemaking.
IV. 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
[[Page 17761]]
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 do not result in disproportionate and
adverse effects on people of color, low-income populations, and/or
Indigenous peoples. 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 EJSCREEN did not identify any such communities surrounding
the 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-2022-0741.
The EPA believes that this action is not likely to result in new
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
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 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 13, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Landfills, Methane, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Date: March 1, 2024.
Jeaneanne Gettle,
Acting Regional Administrator Region 4.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 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. 62.10160 and the undesignated center heading above it
to read as follows:
Emissions From Existing Municipal Solid Waste Landfills--Section 111(d)
Plan
Sec. 62.10160 Identification of sources.
(a) Identification of plan. South Carolina's State Plan for
Existing Municipal Solid Waste Landfills, as submitted on January 19,
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 each existing
municipal solid waste landfill in the State of South Carolina that
commenced construction on or before July 17, 2014, as such landfills
are defined in 40 CFR 60.41f and 40 CFR part 60.
(c) Effective date. The effective date of the plan is April 11,
2024.
(d) Incorporation by reference. Material listed in this paragraph
(d) is incorporated by reference into this section with the approval of
the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. All approved material is available for inspection at the EPA
and at the National Archives and Records Administration (NARA). Contact
EPA at: EPA Region 4 office, 61 Forsyth St. SW, Atlanta, Georgia 30303,
404-562-9900. For information on the availability of this material at
NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or
email <a href="/cdn-cgi/l/email-protection#8ee8fca0e7e0fdfeebedfae7e1e0cee0effcefa0e9e1f8"><span class="__cf_email__" data-cfemail="7117035f181f0201141205181e1f311f1003105f161e07">[email protected]</span></a>. The material may be obtained from the
State of South Carolina--The Legislative Council of the General
Assembly, Office of the State Register, Fourth Floor, Rembert C. Dennis
Building, 1000 Assembly Street, Columbia, SC 29201; phone: (803) 212-
4500; email: <a href="/cdn-cgi/l/email-protection#0654434146756575726772636e6973756328616970"><span class="__cf_email__" data-cfemail="cd9f888a8dbeaebeb9acb9a8a5a2b8bea8e3aaa2bb">[email protected]</span></a>; website: <a href="https://www.scstatehouse.gov">https://www.scstatehouse.gov</a>.
(1) S.C. Code Ann. Regs. 61-62.60, Subpart Cf. South Carolina Code
Annotated Regulations, Chapter 61--Department of Health and
[[Page 17762]]
Environmental Control, 61-62--Air Pollution Control Regulations and
Standards, 61-62.60--South Carolina Designated Facility Plan and New
Source Performance Standards, subpart Cf--Performance Standards and
Compliance Times for Existing Solid Waste Landfills, effective November
26, 2021.
(2) [Reserved]
[FR Doc. 2024-04942 Filed 3-11-24; 8:45 am]
BILLING CODE 6560-50-P
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