Rule2024-17991
Air Plan Approval; Indiana; Ozone SIP Modifications Due to the Municipal Solid Waste Landfill Update
Primary source
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Published
August 16, 2024
Effective
October 15, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the Indiana Department of Environmental Management's (IDEM) request to repeal and replace portions of the Indiana Administrative Code (IAC) for Lake, Porter, Clark, and Floyd Counties in Indiana. This new regulation includes Federal updates to municipal solid waste landfill rules with the incorporation by reference of the Federal plan for Municipal Solid Waste Landfills. EPA finds that this action is approvable because it is consistent with the EPA's Emission Guidelines for Municipal Solid Waste Landfills and is a SIP strengthening measure.
Full Text
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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66607-66609]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17991]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0190; FRL-12117-02-R5]
Air Plan Approval; Indiana; Ozone SIP Modifications Due to the
Municipal Solid Waste Landfill Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Indiana Department of Environmental Management's (IDEM) request to
repeal and replace portions of the Indiana Administrative Code (IAC)
for Lake, Porter, Clark, and Floyd Counties in Indiana. This new
regulation includes Federal updates to municipal solid waste landfill
rules with the incorporation by reference of the Federal plan for
Municipal Solid Waste Landfills. EPA finds that this action is
approvable because it is consistent with the EPA's Emission Guidelines
for Municipal Solid Waste Landfills and is a SIP strengthening measure.
DATES: This direct final rule will be effective October 15, 2024,
unless EPA receives adverse comments by September 16, 2024. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0190 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#b7d6c5c5d699c4d6c5d6dff7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="a0c1d2d2c18ed3c1d2c1c8e0c5d0c18ec7cfd6">[email protected]</span></a>. For comments submitted 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 the
docket. EPA may publish any comment received to its public docket. Do
not submit electronically any information you consider to be
Confidential Business Information (CBI), Proprietary Business
Information (PBI), 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, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. For the full EPA public comment policy, information about CBI,
PBI, 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>.
FOR FURTHER INFORMATION CONTACT: Katie Mullen, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490,
<a href="/cdn-cgi/l/email-protection#d6bba3babab3b8f8bdb7a2bebab3b3b896b3a6b7f8b1b9a0"><span class="__cf_email__" data-cfemail="a6cbd3cacac3c888cdc7d2cecac3c3c8e6c3d6c788c1c9d0">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is the background of this SIP submission?
Municipal solid waste landfills (MSWLFs) are discrete areas of land
or excavation that receive household waste or other types of
nonhazardous wastes such as commercial solid waste, nonhazardous
sludge, and industrial nonhazardous solid waste. The original New
Source Performance Standards (NSPS) (40 CFR part 60, subpart WWW) for
MSWLFs and Emission Guidelines (40 CFR part 60, subpart Cc) for
existing MSWLFs were promulgated by EPA on March 12, 1996 (61 FR 9905),
based on the determination that MSWLFs cause or significantly
contribute to air pollution that is considered to endanger public
health and welfare.
326 IAC 8-8 implements the Federal 1996 Emission Guidelines and
applies to landfills located in Lake, Porter, Clark, and Floyd
counties. On January 17, 1997, EPA approved 326 IAC 8-8 into Indiana's
SIP to address volatile organic compound (VOC) emission reductions for
the nonattainment counties under the 1-hour ozone National Ambient Air
Quality Standard (NAAQS). Specifically, 326 IAC 8-8 addresses Indiana's
15% Rate of Progress Plan to control VOC emissions in Clark and Floyd
Counties and is included in the VOC contingency plans for Lake and
Porter Counties (January 17, 1997, 62 FR 2591).
On August 29, 2016, EPA revised the MSWLF NSPS and Emission
Guidelines in 40 CFR part 60, subparts XXX and Cf, respectively (81 FR
59332; 81 FR 59276). The 2016 Emission Guidelines revision updates the
control requirements and monitoring, reporting, and recordkeeping
provisions for existing MSWLF sources. In particular, the 2016
Emissions Guidelines implement changes to existing landfills that lower
the emissions threshold of non-methane organic compounds (which include
VOCs), at which an operator must install controls.
On May 21, 2021, EPA promulgated 40 CFR part 62, subpart OOO as the
Federal plan for existing landfills (86 FR 27770). Indiana promulgated
326 IAC 8-8.2 to incorporate by reference the Federal plan to use as
the underlying rule which implements and enforces the applicable
provisions under the MSWLF 2016 Emission Guidelines in 40 CFR part 60,
subpart Cf.
Consequently, MSWLFs in Indiana are subject to both 326 IAC 8-8 and
the Federal plan for existing landfills if EPA does not repeal 326 IAC
8-8 and replace it with rule 326 IAC 8-8.2.
II. What is EPA's analysis of the SIP revision
326 IAC 8-8.2 includes Federal updates to MSWLF rules with the
incorporation by reference of the Federal plan for MSWLFs at 40 CFR
part 62, subpart OOO. The Federal plan implements and enforces the 2016
MSWLF Emission Guidelines, codified in 40 CFR part 60, subpart Cf.
The updated 2016 Emission Guidelines apply to landfills
constructed, modified, or reconstructed on or before July 17, 2014.
These Emission Guidelines achieve additional emissions reductions of
landfill gas and its components, including VOCs, by lowering the
emissions threshold at which a landfill must install controls.
In particular, the 2016 Emission Guidelines are more stringent
since they require affected landfills to install and operate gas
collection control systems within 30 months after landfill gas
emissions reach a new, lower threshold of 34 metric tons of non-methane
organic compounds, which includes VOCs, or more per year. This
threshold previously was higher at 50 metric tons per year in the 1996
Emission
[[Page 66608]]
Guidelines, which is incorporated in 326 IAC 8-8.
In addition, the 2016 Emission Guidelines address other regulatory
issues, including surface emissions monitoring, wellhead monitoring,
and the definition of landfill gas treatment system.
Since 326 IAC 8-8.2 is more stringent than 326 IAC 8-8 and reflects
EPA's most recent Federal rulemaking on MSWLFs, EPA approves this
regulation to replace 326 IAC 8-8.
III. What action is EPA taking?
EPA is approving 326 IAC 8-8.2 for Lake, Porter, Clark, and Floyd
Counties in Indiana and the repeal of 326 IAC 8-8 for those same
counties. EPA is approving 326 IAC 8-8.2 as a VOC SIP strengthening
measure.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective October 15,
2024 without further notice unless we receive relevant adverse written
comments by September 16, 2024. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
October 15, 2024.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations 326 IAC 8-8.2 effective March 10, 2023, described in
section II of this preamble and set forth in the amendments to 40 CFR
part 52 below. EPA has made, and will continue to make, these documents
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 5
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
Also in this document, as described in Section II of this preamble
and the amendments to 40 CFR part 52 set forth below, EPA is removing
provisions of the EPA-Approved Indiana Regulations from the Indiana
SIP, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<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 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,
February 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.''
IDEM did not evaluate EJ considerations as part of its 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 EJ for people of color, low-income populations,
and Indigenous peoples.
[[Page 66609]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
Dated: August 7, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
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.
0
2. In Sec. 52.770, the table in paragraph (c) is amended under
``Article 8. Volatile Organic Compound Rules'' by removing the entry
``Rule 8. Municipal Solid Waste Landfills Located in Clark, Floyd,
Lake, and Porter Counties:'' and adding in numerical order the entry
``Rule 8.2. Federal Standards Applicable to Certain Municipal Solid
Waste Landfills'' to read as follows:
Sec. 52.770 Identification of plan.
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(c) * * *
EPA Approved Indiana Regulations
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Indiana
Indiana citation Subject effective EPA approval date Notes
date
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Article 8. Volatile Organic Compound Rules
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Rule 8.2. Federal Standards Applicable to Certain Municipal Solid Waste Landfill
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8-8.2...................... Adoption of federal 12/8/2021 8/16/2024, [INSERT FIRST ..................
standards applicable to PAGE OF FEDERAL
certain municipal solid REGISTER CITATION].
waste landfills.
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[FR Doc. 2024-17991 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P
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