Approval and Promulgation of State Plans for Designated Facilities and Pollutants; West Virginia; Control of Emissions From Existing Municipal Solid Waste Landfills

Issuing agencies

Abstract

The Environmental Protection Agency (EPA) is approving a Clean Air Act (CAA) section 111(d) plan revision 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

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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)]
[Rules and Regulations]
[Pages 69701-69704]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22584]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2023-0230; FRL-9329-03-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean 
Air Act (CAA) section 111(d) plan revision 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: This final rule is effective on December 7, 2026. The 
incorporation by reference of certain material listed in the rule is 
approved by the Director of the Federal Register as of December 7, 
2026. The incorporation by reference of certain other material listed 
in the rule was approved by the Director of the Federal Register as of 
December 23, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R03-OAR-2023-0230. All documents in the docket are 
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the 
index, some information is not publicly available, e.g., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through <a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person 
identified

[[Page 69702]]

in the FOR FURTHER INFORMATION CONTACT section for additional 
availability information.

FOR FURTHER INFORMATION CONTACT: Krystal Stankunas, Permits Branch 
(3AP10), 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#a5f6d1c4cbced0cbc4d68bced7dcd6d1c4c9e5c0d5c48bc2cad3"><span class="__cf_email__" data-cfemail="e2b196838c89978c8391cc89909b9196838ea2879283cc858d94">[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:

CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
EPA Environmental Protection Agency
MSW Municipal Solid Waste
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
TSD Technical Support Document
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
WVDEP West Virginia Department of Environmental Protection

Table of Contents

I. Background
II. Summary of Action and EPA Analysis
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
    1. General Requirements
    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
    K. Congressional Review Act (CRA)
    L. Judicial Review

I. Background

    On March 23, 2026 (91 FR 13800), the EPA published a notice of 
proposed rulemaking (NPRM) for the State of West Virginia. In the NPRM, 
the EPA proposed approval of a State plan revision for the control of 
emissions from existing MSW landfills. The formal State plan was 
submitted by WVDEP on November 18, 2021, in response to the EPA's March 
26, 2020 final residual risk and technology review for the MSW 
landfills source category.\1\
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    \1\ See 85 FR 17244.
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II. Summary of Action and EPA Analysis

    The EPA has reviewed the West Virginia CAA section 111(d) plan 
revision submittal in the context of the requirements of 40 CFR part 
60, subparts B, Ba (where applicable), and Cf, and 40 CFR part 62, 
subpart A. The EPA has determined that the submitted CAA section 111(d) 
plan revision meets the requirements of the aforementioned subparts. 
Included within the CAA section 111(d) plan revision are regulations 
under the West Virginia State rule 45CSR23, entitled ``Control of Air 
Pollution from Municipal Solid Waste Landfills,'' effective on June 1, 
2021.
    Other specific requirements of West Virginia's state plan revision 
for MSW landfills and the rationale for the EPA's now final action are 
explained in the NPRM and its associated technical support document 
(TSD) and will not be restated here. During the comment period, the EPA 
received one comment which did not relate to the proposed action and 
does not require the EPA to respond. This comment is available within 
the docket for this action.

III. Final Action

    The EPA is approving West Virginia's November 18, 2021 CAA section 
111(d) plan revision for MSW landfills submitted pursuant to 40 CFR 
part 60, subpart Cf. Therefore, the EPA is amending 40 CFR part 62, 
subpart XX to reflect this action. The scope of the approval of CAA 
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, 40 CFR part 60, 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 CAA section 
111(d) plan submittal.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
West Virginia legislative rule 45CSR23 as described in section II of 
this preamble. The EPA has made, and will continue to make, these 
materials generally available through <a href="http://www.regulations.gov">www.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). West Virginia legislative rule 45CSR23, effective June 1, 
2018, is referenced in the amendatory text of this document and was 
previously approved for 40 CFR 62.12125.

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 
(where applicable), and Cf; and 40 CFR part 62, subpart A. Thus, in 
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

[[Page 69703]]

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.).

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 rule 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.

K. Congressional Review Act (CRA)

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 4, 2027. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Landfills, Methane, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

Amy Van Blarcom-Lackey,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
62 as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. Amend Sec.  62.12125 by:
0
a. Revising paragraphs (b) and (c); and
0
b. Adding paragraph (d).
    The revisions and additions read as follows:


Sec.  62.12125  Identification of plan.

* * * * *
    (b) Control of landfill gas emissions from existing municipal solid 
waste landfills, submitted by the West Virginia Department of 
Environmental Protection on September 13, 2018, and as amended on 
November 18, 2021, to implement 40 CFR part 60, subpart Cf. The Plan 
includes regulatory provisions cited in paragraph (d) of this section, 
which the EPA incorporates by reference.
    (c) After December 23, 2019, the substantive requirements of the 
municipal solid waste landfills State plan are contained in paragraph 
(b) of this section and owners and operators of municipal solid waste 
landfills in West Virginia must comply with the requirements in 
paragraph (b) of this section.
    (d) The material incorporated by reference in this section was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the 
Environmental Protection Agency (EPA) and at the National Archives and 
Records Administration (NARA). Contact the EPA at: U.S. Environmental 
Protection Agency, Region III office, Four Penn Center, 1600 John F. 
Kennedy Boulevard, Philadelphia, PA 19103; phone: (215) 814-5000; 
website: <a href="http://www.epa.gov/dockets">www.epa.gov/dockets</a>. For information on the availability of 
this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#385e4a1651564b485d5b4c5157567856594a59165f574e"><span class="__cf_email__" data-cfemail="ff998dd196918c8f9a9c8b969091bf919e8d9ed1989089">[email&#160;protected]</span></a>. The material may be obtained 
from the State of West Virginia, Office of the Secretary of State, 
Administrative Law Division, Bldg. 1, Suite 157-K, 1900 Kanawha 
Boulevard, East, Charleston, WV 25305; email: <a href="/cdn-cgi/l/email-protection#ecad88a08d9bac9b9a9f839fc28b839a"><span class="__cf_email__" data-cfemail="ffbe9bb39e88bf88898c908cd1989089">[email&#160;protected]</span></a>; website: 
<a href="http://sos.wv.gov/">sos.wv.gov/</a>.
    (1) West Virginia legislative rule 45CSR23, Control of Air 
Pollution from Municipal Solid Waste Landfills, effective June 1, 2018.

[[Page 69704]]

    (2) West Virginia legislative rule 45CSR23, Control of Air 
Pollution from Municipal Solid Waste Landfills, effective June 1, 2021.

0
3. Amend Sec.  62.12127 by adding paragraph (c) to read as follows:


Sec.  62.12127  Effective date.

* * * * *
    (c) The effective date of the plan submitted on November 18, 2021, 
by the West Virginia Department of Environmental Protection for 
municipal solid waste landfills is January 4, 2027.

[FR Doc. 2026-22584 Filed 11-4-26; 8:45 am]
BILLING CODE 6569-60-P


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