Proposed Rule2026-04338
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Texas; Control of Emissions From Existing Municipal Solid Waste Landfills
Primary source
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Published
March 4, 2026
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve the CAA section 111(d) state plan submitted by the State of Texas for sources subject to the Municipal Solid Waste (MSW) Landfills Emission Guidelines (EG). The Texas MSW landfills plan was submitted to fulfill the state's obligations under CAA section 111(d) to implement and enforce the requirements under the MSW Landfills EG. The EPA is proposing to approve the state plan and amend the agency regulations in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 91 Issue 42 (Wednesday, March 4, 2026)</title>
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[Federal Register Volume 91, Number 42 (Wednesday, March 4, 2026)]
[Proposed Rules]
[Pages 10556-10559]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04338]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2023-0478; FRL-12671-01-R6]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Texas; Control of Emissions From
Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve the CAA
section 111(d) state plan submitted by the State of Texas for sources
subject to the
[[Page 10557]]
Municipal Solid Waste (MSW) Landfills Emission Guidelines (EG). The
Texas MSW landfills plan was submitted to fulfill the state's
obligations under CAA section 111(d) to implement and enforce the
requirements under the MSW Landfills EG. The EPA is proposing to
approve the state plan and amend the agency regulations in accordance
with the requirements of the CAA.
DATES: Written comments must be received on or before April 3, 2026.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2023-0478, 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>. 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
Matthew Gesualdo, (214) 665-6530, <a href="/cdn-cgi/l/email-protection#2344465056424f474c0d4e4257574b4654634653420d444c55"><span class="__cf_email__" data-cfemail="f196948284909d959edf9c908585999486b1948190df969e87">[email protected]</span></a>. 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>.
Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Matthew Gesualdo, EPA Region 6 Office,
Regional Haze and SO<INF>2</INF> Section, 214-665-6530,
<a href="/cdn-cgi/l/email-protection#a8cfcddbddc9c4ccc786c5c9dcdcc0cddfe8cdd8c986cfc7de"><span class="__cf_email__" data-cfemail="5631332523373a3239783b3722223e33211633263778313920">[email protected]</span></a>. We encourage the public to submit comments
via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please call or email the contact
listed above if you need alternative access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. 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(d) addresses the process by
which the EPA and states regulate standards of performance for existing
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. While NSPS
are directly applicable to new sources, EG for existing sources
(designated facilities) are intended for states to use to develop a
state plan to submit to the EPA.
State plan submittal and revisions under CAA section 111(d) must be
consistent with the applicable EG and the requirements of 40 CFR part
60, subpart B, and part 62, subpart A. The regulations at 40 CFR part
60, subpart B, contain general provisions applicable to the adoption
and submittal of state plans under CAA section 111(d). Additionally, 40
CFR part 62, subpart A, provides the procedural framework by which the
EPA will approve or disapprove such plans submitted by a state. 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 EPA on March 12, 1996, in 40 CFR
part 60, subparts WWW and Cc, respectively (61 FR 9905). On August 29,
2016, the EPA finalized revisions to the MSW landfills NSPS and EG in
40 CFR part 60, subparts XXX and Cf, respectively (81 FR 59332; 81 FR
59313). The 2016 EG revision updates the control requirements and
monitoring, reporting, and recordkeeping provisions for existing MSW
landfill sources.
The current MSW landfills EG, found at 40 CFR part 60, subpart Cf,
concerns the regulation of landfill gas and its components, including
methane, from MSW landfills for which construction, reconstruction, or
modification was commenced on or before July 17, 2014. The deadline to
submit a state plan to the EPA was May 30, 2017. On May 21, 2021, EPA
finalized the MSW landfills federal plan in 40 CFR part 62, subpart OOO
(86 FR 27756). The MSW landfills federal plan at 40 CFR part 62,
subpart OOO, applies to states that do not have an EPA-approved state
plan. The MSW landfills federal plan is currently in effect in Texas.
In order to fulfill obligations under CAA section 111(d), the Texas
Commission on Environmental Quality (TCEQ) submitted a revised state
plan for the control of emissions from existing MSW landfills for the
State of Texas on September 15, 2023. The Texas MSW landfills plan
implements and enforces the applicable provisions under the MSW
landfills EG at 40 CFR part 60, subpart Cf, and additionally meets the
relevant requirements of the CAA section 111(d) implementing
regulations at 40 CFR part 60, subpart B. The Texas submittal and the
supplements are included in the public docket for this rulemaking
(Docket No. EPA-R06-OAR-2023-0478).
II. The EPA's Evaluation
The EPA has evaluated the Texas MSW landfills plan to determine
whether the plan meets applicable requirements from the MSW landfills
EG at 40 CFR part 60, subpart Cf, and the CAA section 111(d)
implementing regulations at 40 CFR part 60, subpart B. The EPA's
detailed rationale and discussion on the Texas MSW landfills plan can
be found in the EPA Technical Support Document (TSD), located in the
docket for this rulemaking.
The state plan submittal package includes all materials necessary
to be deemed administratively and technically complete according to the
criteria of 40 CFR part 60, subpart B. The state plan document (the
``Texas State Plan for the Control of Designated Facilities and
Pollutants'') includes all the necessary authority for the
implementation and enforcement of the MSW landfill Emission Guidelines
in the State. Specifically, the State met applicable Federal
requirements while incorporating the EG at 40 CFR part 60, subpart Cf,
into the Texas Administrative Code (TAC) Title 30, Part 1, Chapter 113,
Subchapter D, Division 6, 2016 Emission Guidelines for Existing
Municipal Solid Waste Landfills (30 TAC Sec. 113.2400-30 TAC Sec.
113.2412). Both the adopted state plan document and the relevant TAC
regulations, as well as all other relevant plan submittal materials may
be found in the docket for this action. Necessary State legal and
enforcement authorities required for plan approval are located
elsewhere in Texas's statute, rules and regulations and have been
reviewed and approved of by the EPA in the course of prior state
implementation plan as well
[[Page 10558]]
as section 111(d) and/or 129 state plan approvals. See 40 CFR part 52,
subpart SS, and 40 CFR part 62, subpart SS.
The Texas MSW landfills plan has been evaluated in detail in the
TSD. Our evaluation demonstrates that the Texas MSW landfills plan
meets the requirements in 40 CFR part 60, subpart Cf and subpart B, and
is consistent with the requirements for an approvable section 111(d)
state plans for MSW landfills.
Under 40 CFR part 60, subpart B, section 60.24(f) allows for less
stringent regulations in a state's CAA section 111(d) plan if a
technical or economic justification supports it. The Texas MSW
landfills plan includes two provisions which differ from the EG. First,
Texas used an alternative date range for determining applicability of
EG requirements in its previous 1998 MSW landfills plan and its current
2023 MSW landfills plan. The MSW landfills EG contains gas collection
and control system requirements for designated facilities (as defined
in the EG) that have accepted waste after November 8, 1987, that meet
specific design capacity and NMOC (nonmethane organic compound)
emission rate thresholds (50 megagrams per year (Mg/yr) for closed
landfills). In the previous Texas MSW landfills plan submitted in 1998
and approved by EPA in 1999,\1\ TCEQ \2\ provided a detailed technical
analysis indicating that no designated landfills that closed between
November 8, 1987, and October 9, 1993, would have estimated NMOC
emission rates above the 50 Mg/yr control threshold by 2004. In the
1999 approval,\3\ the EPA concurred with TCEQ that controlling these
closed landfills would not result in a significant reduction in NMOC
emissions compared to the cost of installing gas collection systems at
these sites. In the previous state plan, TCEQ adjusted its definition
to reflect actual conditions in Texas based on section 60.24(f). As
part of this state plan, 30 TAC Sec. 113.2406(a) explicitly exempts
MSW landfills that have not accepted waste since October 9, 1993, and
do not have additional design capacity available for future waste
deposition. In its current submittal, Texas states that none of the
landfills which stopped accepting waste during the relevant 1987-1993
time period would have current NMOC emissions above the 50 Mg/year
threshold. Therefore, these closed landfills in Texas (which stopped
accepting waste during the applicable 1987-1993 time period) would not
be subject to gas collection and control system requirements nor likely
result in a reduction in NMOC or landfill emissions even if Texas did
not exempt these landfills as part of its current MSW landfills plan.
EPA proposes to find that the state's use of section 60.24(f), to
exempt certain MSW landfills from the requirements of 40 CFR part 60,
subpart Cf, is reasonable and proposes to approve the Texas MSW
landfill plan's alternative date range for determining applicability of
requirements.
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\1\ Texas's 1998 MSW landfill plan implemented the 1996 MSW
landfill EG requirements under 40 CFR part 60, subpart WWW, was
approved by EPA on June 17, 1999 (64 FR 32427).
\2\ At the time the Texas 1998 MSW landfill plan was submitted,
TCEQ was called the Texas Natural Resource Conservation Commission
(TNRCC).
\3\ See 64 FR 32427 (June 17, 1999).
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Under the adopted 30 TAC 113.2404(b), landfill gas collection and
control systems that have been approved by the TCEQ and installed in
accordance with 30 TAC Sec. 115.152 are considered to meet certain
technical requirements of the emission guidelines, specifically 40 CFR
60.33f(b) and (c). TCEQ has identified that the purpose of this state
regulation is to minimize redundant and duplicative requirements for
landfill gas collection and control systems that fall under both 30 TAC
Chapter 115 and 40 CFR part 60, subpart Cf. Table C.5.1 in the Texas
submission compares 30 TAC Sec. 115.152 with 40 CFR part 60, subpart
Cf, and outlines which state rules correspond to each federal
requirement for the regulatory changes TCEQ intends to implement. The
EPA is proposing to approve this aspect of Texas's state plan,
proposing to find that MSW landfills in compliance with 30 TAC Sec.
115.152 satisfy the requirements of the EG. The EPA's detailed
rationale and discussion on the Texas MSW landfills plan can be found
in the EPA Technical Support Document (TSD), located in the docket for
this rulemaking.
III. Proposed Action
The EPA is proposing to approve the Texas MSW landfill plan
submitted by TCEQ in accordance with the requirements of section 111(d)
of the CAA and to amend 40 CFR part 62, subpart SS, to codify EPA's
approval. The EPA is proposing to find that the Texas MSW landfill plan
meets the Federal requirements provided under CAA section 111(d), the
MSW landfills EG codified at 40 CFR part 60, subpart Cf, and the CAA
section 111(d) implementing regulations at 40 CFR part 60, subpart B.
Once approved by the EPA, the Texas MSW landfills plan will become
federally enforceable.
IV. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, we are
finalizing regulatory text that includes the incorporation by reference
of Texas Administrative Code (TAC) Title 30, Part 1, Chapter 113,
Subchapter D, Division 6, adopted July 14, 2023, and effective July 19,
2023, which is part of the CAA section 111(d) Plan applicable to
existing MSW landfills subject to the MSW Landfills Emission
Guidelines, at 40 CFR part 60, subpart Cf, within TCEQ's jurisdiction
in the State of Texas. The regulatory provisions of TAC Title 30, Part
1, Chapter 113, Subchapter D, Division 6, incorporate the MSW Landfills
Emissions Guidelines promulgated by the EPA at 40 CFR part 60, subpart
Cf, and establish emission standards and compliance times for the
control of municipal solid waste landfills, as defined in subpart Cf,
that commenced construction, modification, or reconstruction on or
before July 17, 2014. The EPA has made and will continue to make TAC
Title 30, Part 1, Chapter 113, Subchapter D, Division 6, generally
available at the EPA Region 6 office (please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section of this
preamble for more information). They are also available at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This incorporation by reference has been approved
by the Office of the Federal Register and the state plan is federally
enforceable under the CAA as of the effective date of this final
rulemaking.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a CAA
section 111(d)/129 submission that complies with the provisions of the
Act 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, subpart A.
Thus, in reviewing CAA section 111(d)/129 state plan submissions, EPA's
role is to approve state choices, provided that they meet the criteria
of the Act and implementing regulations. Accordingly, this action
merely proposes to approve state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason:
A. Executive Order 12866: Regulatory Planning and Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993) and was therefore
not
[[Page 10559]]
subject to a requirement for Executive Order 12866 review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
This action is certified to not have a significant economic impact
on a substantial number of small entities under the RFA (5 U.S.C. 601
et seq.). This action will approve a state plan pursuant to CAA section
111(d) and will therefore have no net regulatory burden for all
directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local, or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action will not apply to areas of Indian country within Texas
and therefore does not have tribal implications as specified in E.O.
13175 (65 FR 67249, November 9, 2000). This action will neither impose
substantial direct compliance costs on federally recognized tribal
governments, nor preempt tribal law. This action will not impose
substantial direct compliance costs on federally recognized tribal
governments because no actions will be required of tribal governments.
This action will also not preempt tribal law as no Texas tribe
implements a regulatory program under the CAA and thus does not have
applicable or related tribal laws.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definitions of ``covered
regulatory action'' in section 2-202 of the Executive Order. Therefore,
this action is not subject to Executive Order 13045 because it approves
a state program.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution and Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards. This action
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements, Waste treatment
and disposal.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 23, 2026.
Walter Mason,
Regional Administrator, Region 6.
[FR Doc. 2026-04338 Filed 3-3-26; 8:45 am]
BILLING CODE 6560-50-P
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