Approval and Promulgation of Delegation of Authority for Designated Facilities and Pollutants; Allegheny County; Delegation of Authority of the Federal Plan for Existing Municipal Solid Waste Landfills

Issuing agencies

Abstract

The Environmental Protection Agency (EPA) is proposing to approve a request from the Allegheny County Health Department (ACHD) for delegation of authority to implement and enforce the Federal Plan requirements for existing Municipal Solid Waste (MSW) landfills within Allegheny County in the Commonwealth of Pennsylvania. On May 21, 2021, the EPA promulgated the Federal Plan for MSW landfills to fulfill the requirements of section 111(d) of the Clean Air Act (CAA). The Federal Plan addresses the implementation and enforcement of the emission guidelines applicable to existing MSW landfills located in areas not covered by an approved and currently effective State plan. The Federal Plan imposes emission limits and other control requirements for existing MSW landfills which will reduce designated pollutants.

Full Text

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<title>Federal Register, Volume 91 Issue 213 (Thursday, November 5, 2026)</title>
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[Federal Register Volume 91, Number 213 (Thursday, November 5, 2026)]
[Proposed Rules]
[Pages 69763-69766]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22583]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2026-5021; FRL-13501-01-R3]


Approval and Promulgation of Delegation of Authority for 
Designated Facilities and Pollutants; Allegheny County; Delegation of 
Authority of the Federal Plan for Existing Municipal Solid Waste 
Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request from the Allegheny County Health Department (ACHD) 
for delegation of authority to implement and enforce the Federal Plan 
requirements for existing Municipal Solid Waste (MSW) landfills within 
Allegheny County in the Commonwealth of Pennsylvania. On May 21, 2021, 
the EPA promulgated the Federal Plan for MSW landfills to fulfill the 
requirements of section 111(d) of the Clean Air Act (CAA). The Federal 
Plan addresses the implementation and enforcement of the emission 
guidelines applicable to existing MSW landfills located in areas not 
covered by an approved and currently effective State plan. The Federal 
Plan imposes emission limits and other control requirements for 
existing MSW landfills which will reduce designated pollutants.

DATES: Written comments must be received on or before December 7, 2026.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2026-5021 at <a href="http://Regulations.gov">Regulations.gov</a>, or via email to 
<a href="/cdn-cgi/l/email-protection#0d7e787d7d616868236a7a686369626174634d687d6c236a627b"><span class="__cf_email__" data-cfemail="a4d7d1d4d4c8c1c18ac3d3c1cac0cbc8ddcae4c1d4c58ac3cbd2">[email&#160;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

[[Page 69764]]

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 and Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1600 John F. Kennedy Blvd., 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#245750454a4f514a45570a4f565d57504548644154450a434b52"><span class="__cf_email__" data-cfemail="added9ccc3c6d8c3ccde83c6dfd4ded9ccc1edc8ddcc83cac2db">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. Throughout this document the 
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We 
use multiple acronyms and terms in this preamble. While this list may 
not be exhaustive, to ease the reading of this preamble and for 
reference purposes, the EPA defines the following terms and acronyms 
here:

ACHD Allegheny County Health Department
CAA Clean Air Act
CBI Confidential Business Information
EPA Environmental Protection Agency
GCCS gas collection and control system
MoA Memorandum of Agreement
MSW Municipal Solid Waste
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

Table of Contents

I. Background
II. Summary of Action and EPA Analysis
III. Proposed Action
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 14192: Unleashing Prosperity Through 
Deregulation
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments

I. Background

    Section 111(d) of the CAA requires States to submit plans to 
control certain pollutants (designated pollutants) at existing sources 
(designated facilities) whenever standards of performance have been 
established under CAA section 111(b) for new sources of the same type 
and the EPA has established emission guidelines for such existing 
sources. A designated pollutant is any pollutant for which no air 
quality criteria has been issued or which is not included on a list 
published under section 108(a) (national ambient air quality standards) 
or section 112 (hazardous air pollutants) of the CAA, but emissions of 
which would be subject to a standard of performance for new stationary 
sources under CAA section 111(b). Under CAA section 111(d)(2), the EPA 
is supposed to prescribe and enforce a plan--referred to as a Federal 
Plan--for States that do not submit a State plan.
    On March 12, 1996 (61 FR 9905), the EPA added the MSW landfills to 
the priority list in 40 CFR 60.16 as a source category because as 
authorized in CAA section 111(b)(1)(A), in the judgment of the 
Administrator, the source category contributes significantly to air 
pollution that may reasonably be anticipated to endanger public health 
and welfare. In that same rule, the EPA promulgated new source 
performance standards, which apply to new (and modified or 
reconstructed) landfills under the authority of CAA section 
111(b)(1)(B), and emission guidelines, which apply to existing 
landfills, under the authority of CAA section 111(d). Additionally, the 
EPA defined the MSW landfills source category, identified municipal 
solid waste landfill emissions (commonly referred to as landfill gas) 
as the pollutant for which standards should be developed, identified 
which landfills would be covered, and determined the applicability 
threshold and emission level of the standards. On March 17, 1999 (64 FR 
13075), the EPA approved the ACHD's 111(d) State plan for existing MSW 
landfills.\1\
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    \1\ See 40 CFR 62.9630.
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    On August 29, 2016, the EPA promulgated revised new source 
performance standards (81 FR 59332) and emission guidelines (81 FR 
59276) for MSW landfills at 40 CFR part 60, subparts XXX and Cf, 
respectively. State plans to implement the 40 CFR part 60, subpart Cf 
emission guidelines were due May 30, 2017. The procedures for adoption 
and submittal of State plans are codified in 40 CFR part 60, subpart B. 
For States that fail to submit a State plan, the EPA is required to 
develop and implement a Federal Plan.\2\ The EPA implementation and 
enforcement of the Federal Plan is viewed as an interim measure until 
States or local agencies assume their role as the preferred 
implementers of the emission guidelines requirements stipulated in the 
Federal Plan.\3\
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    \2\ While the ACHD has an approved State plan for 40 CFR part 
60, subpart Cc to implement the 1996 MSW landfill emission 
guidelines at 40 CFR 62.9630, the ACHD does not have a revised State 
plan for 40 CFR part 60, subpart Cf for the 2016 revised MSW 
landfill emission guidelines. 42 U.S.C. 7411(d); 40 CFR 60.27(c) and 
(d).
    \3\ See 86 FR 27756, 27765 (May 21, 2021).
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    Accordingly, the EPA promulgated the MSW landfill Federal Plan on 
May 21, 2021, (86 FR 27756) which is codified at 40 CFR part 62, 
subpart OOO. The MSW landfill Federal Plan, like the emission 
guidelines at subpart Cf, applies in areas without an approved State 
plan by requiring existing MSW landfills that reach a landfill gas 
emission threshold of 34 megagrams (Mg) of NMOC or more per year to 
install a system to collect and control landfill gas.\4\ The Federal 
Plan applies to existing MSW landfills that commenced construction, 
reconstruction, or modification on or before July 17, 2014, and 
accepted waste at any time since November 8, 1987, or have additional 
capacity for future waste deposition. In the rulemaking for the Federal 
Plan, the EPA strongly encouraged State and local agencies in 
jurisdictions that did not submit approvable State plans to request 
delegation of the MSW landfill Federal Plan so that they can have the 
primary responsibility for implementing and enforcing regulations 
affecting existing MSW landfills, consistent with the intent of 
Congress. The Federal Plan applies in States that have either never 
submitted a State plan or not received approval of any necessary 
revised State plan until such time as an initial State plan or revised 
State plan is approved. The MSW landfill Federal Plan, which takes the 
place of State plans where State plans are not fully approved and 
effective, is currently in effect in Allegheny County.
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    \4\ The 1996 MSW landfill emission guidelines at 40 CFR part 62, 
subpart Cc had set a higher threshold of 50 Mg.
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    The ACHD submitted to the EPA a request dated December 12, 2022, 
for delegation of authority to implement and enforce the MSW landfill 
Federal Plan. In the same document, ACHD also

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requested withdrawal of the previously approved State plan of 1999 
because it is no longer valid. Removal of the 1999 State plan from the 
Code of Federal Regulations will clarify that the delegated Federal 
Plan will be the implementing mechanism of the emissions guidelines. 
The scope of the request includes only the geographical area of 
Allegheny County. On April 7, 2026, the Regional Administrator for EPA 
Region III signed a Memorandum of Agreement (MoA) which is the 
mechanism for the transfer of authority between the EPA and the ACHD 
and defines the policies, responsibilities and procedures by which the 
ACHD will implement and enforce the Federal Plan for existing MSW 
landfills. According to the MoA, the EPA will retain the authorities 
reserved to the EPA at 40 CFR 62.16710, and per the MoA the EPA also 
retains a concurrence role as to the ACHD's approval of gas collection 
and control system (GCCS) design plans. The EPA is proposing to approve 
the ACHD request for delegation of authority to implement and enforce 
the MSW landfill Federal Plan found at 40 CFR part 62, subpart OOO and 
to adhere to the terms and conditions prescribed in the MoA signed by 
the EPA and the ACHD, as explained further in this action. The purpose 
of this MSW landfill Federal Plan delegation is to transfer primary 
implementation and enforcement responsibility from the EPA to the ACHD 
for all existing landfills within the jurisdiction of Allegheny County. 
However, nothing in this action, nor in the MoA, shall be construed to 
prohibit the EPA from enforcing the MSW landfill Federal Plan.

II. Summary of Action and EPA Analysis

    The EPA evaluated the ACHD's December 12, 2022 request for 
delegation pursuant to the requirements described in the MSW landfill 
Federal Plan preamble and the EPA's Delegation Manual.\5\ The EPA also 
acknowledged the ACHD's request to withdraw the 1999 MSW landfill State 
plan, which is no longer effective as a result of the 2016 revisions to 
the MSW landfill emission guidelines.\6\
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    \5\ Item 7-139 of the EPA's Delegation Manual is entitled 
``Implementation and Enforcement of 111(d)(2) and 111(d)(2)/
129(b)(3) Federal Plans'' and the reader may refer to it in the 
docket for this rulemaking at <a href="http://www.regulations.gov">www.regulations.gov</a> (see Docket ID 
Number EPA-R03-OAR-2026-5021).
    \6\ See 81 FR 59276, 59286 (August 29, 2016).
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    As explained in the rulemaking for the MSW landfill Federal Plan, a 
State's request for delegation of authority to implement must: (1) 
demonstrate that the State or tribe has adequate resources, as well as 
the legal authority, to administer and enforce the program; (2) include 
an inventory of designated MSW landfills, which includes those that 
have ceased operation, but have not been dismantled or rendered 
inoperable, and an inventory of the designated units' air emissions; 
(3) certify that a public hearing was held on the State or tribal 
delegation request; and (4) include a memorandum of agreement between 
the State or Tribe and the EPA that sets forth the terms and conditions 
of the delegation, the effective date of the agreement, and the 
mechanism to transfer authority.\7\
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    \7\ See 86 FR 27756, 27766 (May 21, 2021).
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    Under the EPA's Delegation Manual, item 7-139, the Regional 
Administrator is authorized to delegate implementation and enforcement 
of CAA section 111(d) Federal Plans to States. The Regional 
Administrator may consider delegating authority to implement and 
enforce Federal Plans to a State provided the following conditions are 
met: (1) the State does not already have an EPA approved State plan; 
(2) the State submits a demonstration of adequate resources and legal 
authority to administer and enforce the Federal Plan; and (3) the State 
enters into an MoA with the Regional Administrator that sets forth the 
terms, conditions and effective date of the delegation and that serves 
as the mechanism for the transfer of authority.
    Along with the December 12, 2022 letter requesting delegation, the 
ACHD submitted a demonstration of adequate resources and legal 
authority, an inventory of the MSW landfills in Allegheny County 
subject to the Federal Plan and their emissions, and a certification 
that the ACHD held a public hearing on the delegation request.
    The ACHD demonstrated that its air agency has the requisite 
authority and resources to administer and enforce the Federal Plan. The 
ACHD's legal authority to support delegation of the Federal Plan is 
adequately addressed in section III of this document of the formal 
request for delegation submitted by the ACHD. Additionally, the ACHD 
certified that it has adequate staffing levels and divisional resources 
to implement and enforce the requirements of 40 CFR part 62, subpart 
OOO. According to the submitted inventory, the ACHD has three (3) 
existing MSW landfill facilities, as defined under 40 CFR 62.16711, 
that are subject to the Federal Plan. The formal request for delegation 
included a request from the ACHD to withdraw their previously approved 
MSW Landfill State plan.\8\ The ACHD held a public hearing on July 11, 
2022 for the Request of Delegation of Authority to Implement the 
Federal Plan for MSW Landfills. Notice of the public hearing was given 
by publication in a newspaper of general circulation on June 9, 2022. 
No comments were received during the public hearing or during the 
public comment period. After consideration of these materials, the EPA 
determined that the request letter and attached documents adequately 
fulfilled the State delegation criteria outlined in Federal Plan's 
final rule, section VI, D., Delegation of the Federal Plan and Retained 
Authorities.\9\
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    \8\ See 64 FR 13075, March 17, 1999.
    \9\ See 86 FR 27756, 27766 (May 21, 2021), and the overlapping 
requirements of EPA Delegation 7-139.
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    In parallel with our review of the delegation request, the EPA 
prepared the MoA which defines the policies, responsibilities, and 
procedures by which the MSW landfill Federal Plan will be administered 
and enforced by both the ACHD and the EPA. The MOA describes the ACHD's 
specific role in program implementation, provides an overview of how 
EPA will provide assistance and oversight to ensure consistency with 40 
CFR part 62, subpart OOO, and delineates which authorities are and are 
not delegated to the ACHD.
    The EPA and ACHD signed the MoA in which the parties agreed to the 
terms and conditions regarding the policies, responsibilities, and 
procedures for the implementation and enforcement of the delegated MSW 
landfill Federal Plan. The MoA is the mechanism for the transfer of 
authority from the EPA to the ACHD. The MoA became effective upon 
signature by the EPA on April 7, 2026, and satisfies EPA Delegation, 
item 7-139.
    The ACHD has met all the EPA's delegation requirements as described 
above. The reader may view the ACHD letter to the EPA requesting 
delegation and the MoA signed by both parties at <a href="http://www.regulations.gov">www.regulations.gov</a>, 
identified by Docket ID Number EPA-R03-OAR-2026-5021.

III. Proposed Action

    The EPA has evaluated the ACHD delegation request submittal for 
consistency with the CAA, EPA regulations, and EPA policy. The ACHD has 
met all the requirements for obtaining delegation of authority to 
implement and enforce the MSW landfill Federal Plan. The ACHD entered 
into an MoA with the EPA, and it became effective on April 7, 2026.

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Accordingly, the EPA is proposing to approve the ACHD request dated 
December 12, 2022 for delegation of authority to implement and enforce 
the Federal Plan for existing MSW landfills. The EPA will continue to 
retain certain authorities reserved to the EPA in the MSW landfill 
Federal Plan, as indicated in the MoA (e.g., alternative methods to 
determine the site-specific NMOC concentration or a site-specific 
methane generation rate constant (k), etc.), and as required under 40 
CFR 62.16710(b). The EPA is also proposing to amend 40 CFR part 62 to 
reflect the ACHD's 1999 MSW landfill State plan withdrawal and the 
delegation of authority to the ACHD to implement and enforce the MSW 
landfill Federal Plan.

IV. Statutory and Executive Order Reviews

    Under the CAA, the EPA has the authority to delegate to a State or 
local agency the authority to implement a 111(d) Federal Plan so long 
as the delegation complies with the provisions of the CAA and 
applicable Federal regulations.\10\ In reviewing 111(d) Federal Plan 
delegation requests, the EPA may approve a State's request to implement 
a Federal Plan, provided that it meets the criteria of the CAA and the 
EPA's implementing regulations. Accordingly, this action merely 
proposes to codify the EPA's delegation of authority to the ACHD to 
administer the Federal Plan and does not impose additional requirements 
beyond those imposed by the already applicable MSW landfill Federal 
Plan.
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    \10\ 42 U.S.C. 7411(d); 40 CFR 62.16710.
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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 involve 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. This action merely 
delegates to a local agency the authority to administer the already 
applicable MSW landfill Federal Plan.

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 
merely delegates to a local agency the authority to administer the 
already applicable MSW landfill Federal Plan.

J. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This is because this action merely delegates 
administration of the MSW landfill Federal Plan to the local agency, 
and the MSW landfill Federal Plan does not have tribal implications 
specific to any landfills under the local agency's jurisdiction. Thus, 
Executive Order 13175 does not apply to this action.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-22583 Filed 11-4-26; 8:45 am]
BILLING CODE 6560-50-P


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