Proposed Rule2026-05637
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; West Virginia; 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
March 23, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) proposes to approve a revision to a Clean Air Act (CAA) section 111(d) plan (plan) submitted by the West Virginia Department of Environmental Protection (WVDEP). This revision updates the plan to include changes made to Emissions Guidelines and Compliance Times for municipal solid waste (MSW) landfills. This action is being taken under the Clean Air Act (CAA).
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 55 (Monday, March 23, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 55 (Monday, March 23, 2026)]
[Proposed Rules]
[Pages 13800-13802]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05637]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2023-0230; FRL-9329-01-R3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; West Virginia; Control of Emissions From
Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 13801]]
SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
a revision to a Clean Air Act (CAA) section 111(d) plan (plan)
submitted by the West Virginia Department of Environmental Protection
(WVDEP). This revision updates the plan to include changes made to
Emissions Guidelines and Compliance Times for municipal solid waste
(MSW) landfills. This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before April 22, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2023-0230 at <a href="http://Regulations.gov">Regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#92c1e7e2e2fef7f7bcd5e5f7fcf6fdfeebfcd2f7e2f3bcf5fde4"><span class="__cf_email__" data-cfemail="3f6c4a4f4f535a5a1178485a515b505346517f5a4f5e11585049">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">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>. For either
manner of submission, 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 the person
identified in the FOR FURTHER INFORMATION CONTACT section. For 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>.
FOR FURTHER INFORMATION CONTACT: Krystal Stankunas, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-5271. Ms.
Stankunas can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#b4e7c0d5dadfc1dad5c79affc6cdc7c0d5d8f4d1c4d59ad3dbc2"><span class="__cf_email__" data-cfemail="57042336393c22393624791c252e2423363b1732273679303821">[email protected]</span></a>.
I. Background
On March 26, 2020 (85 FR 17244), the EPA finalized the residual
risk and technology review conducted for the MSW Landfills source
category regulated under national emission standards for hazardous air
pollutants which included changes to the standards of performance for
new MSW landfills, and emission guidelines and compliance times for
existing MSW landfills published at 40 Code of Federal Regulations
(CFR) 60, subparts XXX, and Cf respectively. This action was taken
under section 111 of the CAA.
Section 111(d) of the CAA requires the EPA to establish a procedure
for a state to submit a plan to the EPA which establishes standards of
performance for 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.
The EPA established these requirements for state plan submittals in 40
CFR part 60, subpart B and later in subpart Ba. 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, subpart Ba where
applicable,\1\ and part 62, subpart A.
---------------------------------------------------------------------------
\1\ Section 60.30f, Scope and delegated authorities, was amended
on August 26, 2019 (84 CF 44555), subsequent to the promulgation of
subpart Ba. As amended, Sec. 60.30f indicates that for state plans
submitted after September 6, 2019, Sec. Sec. 60.23a and 60.27a of
subpart Ba will apply instead of Sec. Sec. 60.23 and 60.27 of
subpart B.
---------------------------------------------------------------------------
On November 18, 2021, WVDEP submitted to the EPA a formal section
111(d) revision for existing MSW landfills. The submitted revision to
the plan was in response to the EPA's March 26, 2020 (85 FR 17244)
final residual risk and technology review for the MSW Landfills source
category. The EPA originally approved West Virginia's MSW 111(d) plan
effective July 23, 2001 (66 FR 28375), and it was subsequently revised
and approved on November 22, 2019 (84 FR 64430).
II. Summary of Plan Revision and EPA Analysis
The EPA has reviewed the West Virginia section 111(d) plan revision
in the context of the requirements of 40 CFR part 60, subparts B, Ba
(where applicable), and Cf, and part 62, subpart A. In this action, the
EPA has determined that the submitted section 111(d) plan revision
meets the above-cited requirements. Included within the section 111(d)
plan are regulations under the West Virginia Code, specifically, West
Virginia legislative rule 45 Code of State Rule (C.S.R.) 23, entitled
``Control of Air Pollution from Municipal Solid Waste Landfills.'' A
detailed explanation of the rationale behind this approval is available
in the technical support document (TSD), located in the docket for this
rulemaking.
III. Proposed Action
The EPA is proposing to approve the revision to the West Virginia
section 111(d) plan for MSW landfills submitted pursuant to 40 CFR part
60, subpart Cf. The EPA is also proposing to amend 40 CFR part 62,
subpart XX to reflect this action, including replacing both existing 40
CFR 62.12125(b) and 40 CFR 62.12125(c) with new 40 CFR 62.12125(b) and
40 CFR 62.12125(c), respectively, and adding new 40 CFR 62.12125(d) and
40 CFR 62.12127(c). This approval will update the rule to include
references and dates relevant to the November 18, 2021 submittal. The
scope of the approval of the section 111(d) plan revision is limited to
the provisions of 40 CFR parts 60 and 62 for existing MSW landfills, as
referenced in the emission guidelines, subpart Cf.
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), as well as section 4.8.b,
``Implementation of Emission Guidelines for Existing MSW Landfills,''
of West Virginia's 111(d) plan submittal.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is incorporating by
reference West Virginia legislative rule 45CSR23, Control of Air
Pollution from Municipal Solid Waste Landfills, effective June 1, 2021,
which provides emissions guidelines and compliance times for MSW
landfills. The EPA has made, and will continue to make, these documents
generally available through <a href="http://Regulations.gov">Regulations.gov</a> and at the EPA Region III
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
Under the CAA, the EPA is required to approve a CAA section 111(d)
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7411(d); 40 CFR part 60, subparts B, Ba,
and Cf; and 40 CFR part 62, subpart A. Thus, in
[[Page 13802]]
reviewing CAA section 111(d) state plan submissions, the EPA's role is
to approve state choices, provided that they meet the criteria of the
Act and implementing regulations. 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 proposed action:
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not expected to be 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 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.). This action merely delegates to
the local agency the authority to implement the already applicable
requirements of the Federal Plan.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate, as described in
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and does
not significantly or uniquely affect small governments.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999) because 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 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs Federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in Federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because it is not a significant regulatory action under section
3(f)(1) of Executive Order 12866, and because the EPA does not believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. This action
is not subject to the 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.
J. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Landfills,
Incorporation by reference, Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-05637 Filed 3-20-26; 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 March 23, 2026.
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.