Proposed Rule2026-09055
Air Quality Plan; California; San Diego County Air Pollution Control District; Landfill Flares
Primary source
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Published
May 7, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to conditionally approve a revision to the San Diego County Air Pollution Control District (SDCAPCD or "District") portion of the California state implementation plan (SIP). This revision concerns emissions of oxides of nitrogen (NO<INF>X</INF>) from landfill flares. We are proposing to conditionally approve a local rule to regulate these emission sources under the Clean Air Act (CAA or "Act"). We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Proposed Rules]
[Pages 24765-24767]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09055]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-1641; FRL-12972-01-R9]
Air Quality Plan; California; San Diego County Air Pollution
Control District; Landfill Flares
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve a revision to the San Diego County Air Pollution
Control District (SDCAPCD or ``District'') portion of the California
state implementation plan (SIP). This revision concerns emissions of
oxides of nitrogen (NO<INF>X</INF>) from landfill flares. We are
proposing to conditionally approve a local rule to regulate these
emission sources under the Clean Air Act (CAA or ``Act''). We are
taking comments on this proposal and plan to follow with a final
action.
DATES: Comments must be received on or before June 8, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-1641 at <a href="https://www.regulations.gov">https://www.regulations.gov</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>. 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
[[Page 24766]]
making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. If you need assistance in a language other than
English or if you are a person with a disability who needs a reasonable
accommodation at no cost to you, please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By telephone: (415) 947-4129 or
by email at <a href="/cdn-cgi/l/email-protection#66150e03140b070848020908080f1713032603160748010910"><span class="__cf_email__" data-cfemail="10637875627d717e3e747f7e7e79616575507560713e777f66">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. What is the deficiency?
D. The EPA's Recommendations To Further Improve the Rule
E. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted to the EPA by
the California Air Resources Board (CARB).
Table 1--Submitted Rule
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Local agency Rule # Rule title Adopted Submitted
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SDCAPCD............................... 69.7 Landfill Gas Flares..... 03/09/23 04/03/23
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On April 12, 2023, the EPA sent a letter to SDCAPCD that determined
that the submittal for SDCAPCD Rule 69.7, ``Landfill Gas Flares,''
(``Rule 69.7'') met the completeness criteria in 40 CFR part 51,
appendix V.\1\
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\1\ See letter signed April 12, 2023, from Elizabeth Adams,
Director Air and Radiation Division, EPA, Region 9, to Dr. Steven S.
Cliff, Executive Officer, CARB.
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B. Are there other versions of this rule?
There are no previous versions of Rule 69.7 in the SIP.
C. What is the purpose of the submitted rule?
Emissions of NO<INF>X</INF> contribute to the production of ground-
level ozone and smog, which harm human health and the environment.
Section 110(a) of the CAA requires states to submit regulations that
control NO<INF>X</INF> emissions. Rule 69.7 is designed to set
NO<INF>X</INF> limitations for enclosed landfill gas flares. The EPA's
technical support document (TSD) has more information about this rule.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
Emission limitations in the SIP must be enforceable (see CAA
section 110(a)(2)) and must not interfere with applicable requirements
concerning attainment, reasonable further progress, or other CAA
requirements (see CAA section 110(l)). Additionally, 40 CFR part 51,
subpart K (Source Surveillance) requires SIPs to contain enforceable
procedures for monitoring the status of compliance with the
requirements in the control strategy.
Generally, SIPs must require reasonably available control
technology (RACT) for each category of sources covered by a Control
Techniques Guidelines (CTG) document, as well as each major source of
volatile organic compounds (VOCs) or NO<INF>X</INF> in ozone
nonattainment areas classified as ``Moderate'' or above (see CAA
sections 182(b)(2) and 182(f)). The SDCAPCD regulates an ozone
nonattainment area classified as ``Severe'' for the 2008 and 2015 8-
hour ozone national ambient air quality standards (NAAQS) (40 CFR
81.305). Therefore, this area must implement RACT, and we anticipate
SDCAPCD will rely on this rule to implement RACT in an upcoming RACT
SIP submittal. This action focuses on the approvability of Rule 69.7
for inclusion into the SIP under CAA section 110. If relied upon to
meet RACT, we will evaluate whether Rule 69.7 meets the applicable CAA
requirements for RACT when acting on the District's RACT SIP submittal.
Guidance and policy documents that we used to evaluate
enforceability and rule stringency requirements for the applicable
criteria pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (``the Bluebook,'' revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (``the Little
Bluebook'').
4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (``the NO<INF>X</INF> Supplement''), 57 FR
55620 (November 25, 1992).
B. Does the rule meet the evaluation criteria?
Rule 69.7 establishes emission limitations and work practice
standards for landfill flares. We evaluated this rule to ensure it
meets applicable CAA requirements and is consistent with relevant
guidance regarding enforceability and SIP revisions. The rule requires
landfill flares to not exceed NO<INF>X</INF> emissions of 0.06 pounds
per million British thermal units (lb/MMbtu) and carbon monoxide
emissions of 0.20 lb/MMbtu; sets standards for how the landfill flares
should be equipped and kept when in operation; requires monitoring and
recording, such as requiring a gas flow rate measuring device to
monitor, display, and record the landfill gas flow rate to each flare;
requires enclosed flares to have a gas temperature device equipped with
a continuous recorder; and requires open flares to have a heat device
to continuously monitor for the presence of a flare pilot flame. To
confirm that the flare is operating within those emission and
operational standards, the rule sets requirements for initial and
annual source testing and specifies test methods to use to confirm
compliance.
However, as identified below, the rule contains a deficiency that
precludes full approval. In a letter dated January 13, 2026, the
SDCAPCD identified the rule deficiency and committed to revise the
affected provisions in accordance with EPA guidance and submit the
revised rule to CARB for submittal to the EPA no later than June 30,
2027, or within one year of the effective date of the EPA's final
action, whichever is
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soonest.\2\ On February 10, 2026, CARB provided its own commitment
letter to submit the SDCAPCD's revised rule to the EPA no later than
June 30, 2027, or within one year of the effective date of EPA's final
action, whichever is soonest.\3\ Because the commitments by the SDCAPCD
and CARB would remedy the identified rule deficiency, we are proposing
to conditionally approve Rule 69.7. These commitment letters are
included in the docket for the action and are described in the TSD. Our
TSD has more information on our evaluation for this proposed
conditional approval.
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\2\ Letter dated January 13, 2026, from Paula Forbis, Air
Pollution Control Officer, SDCAPCD, to Ariel Fideldy, Air Quality
Planning Branch, CARB, and Mike Martucci, Acting Regional
Administrator, EPA, Region 9, Subject, ``Request for Submittal of
Commitment Letter to Make Amendments to Rule 69.7--Landfill Gas
Flares of the San Diego County Air Pollution Control District.''
\3\ Letter dated February 10, 2026, from Matthew Lakin, Chief,
Air Quality Planning and Science Division, CARB, to Mike Martucci,
Acting Regional Administrator, EPA, Region 9.
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C. What is the deficiency?
To determine landfill gas composition, Rule 69.7 allows operators
to use EPA Method 25C or ASTM methods D3588-98(2017)e1 and D1945-
14(2019).\4\ However, the rule also provides the operator the option to
alternatively use the ``most current version'' of the listed ASTM
methods. 40 CFR 51.212(c) requires SIPs to contain enforceable test
methods and requires alternative test methods to be reviewed and
approved by the EPA. By providing the option to use a version of a test
method other than the specific versions listed in the rule, the rule
allows for the use of alternative test methods not reviewed and
approved by the EPA. As a result, this undermines the enforceability of
the submission as required under CAA section 110(a)(2)(A) and 40 CFR
51.212(c) and thus constitutes a SIP deficiency.
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\4\ Rule 69.7, section (h)(3).
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D. The EPA's Recommendations To Further Improve the Rule
The TSD includes recommendations for the next time the local agency
revises the rule.
E. Proposed Action and Public Comment
Rule 69.7 largely fulfills the relevant CAA section 110 and part D
requirements, but the deficiency, as discussed in section C of this
document, precludes full SIP approval pursuant to section 110(k)(3) of
the Act. Section 110(k)(4) of the CAA authorizes the EPA to
conditionally approve SIP revisions based on a commitment by the state
to adopt specific enforceable measures by a date certain but not later
than one year after the date of the plan approval.\5\ Because the
SDCAPCD and CARB have committed to provide the EPA with a SIP
submission that will include specific rule revisions that would
adequately address the identified deficiency, and submit the revisions
within one year of conditional approval, we are proposing to
conditionally approve Rule 69.7 pursuant to section 110(k)(4) of the
Act. If the SDCAPCD and CARB submit the required rule revision by the
specified deadline, and the EPA approves the submission, then the
identified deficiency will be cured. However, if this proposed
conditional approval is finalized and SDCAPCD, through CARB, fails to
submit the revision within the required timeframe, the EPA will take
action to disapprove the rule. We will accept comments from the public
on this proposal until June 8, 2026. If we take final action to approve
the submitted rule, our final action will incorporate this rule into
the federally enforceable SIP.
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\5\ 42 U.S.C. 7410(k)(4).
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III. Incorporation by Reference
In this rule, 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 proposing to incorporate by
reference SDCAPCD Rule 69.7, ``Landfill Gas Flares,'' adopted on March
9, 2023, which regulates NO<INF>X</INF> emissions from landfill gas
flares. The EPA has made, and will continue to make, these materials
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region IX
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
IV. 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 Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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, this
proposed action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant under
Executive Order 12866;
<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 proposes to approve 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 the 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements.
Dated: April 27, 2026.
Michael Martucci,
Acting Regional Administrator, Region IX.
[FR Doc. 2026-09055 Filed 5-6-26; 8:45 am]
BILLING CODE 6560-50-P
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