Stay of Standards of Performance for Municipal Solid Waste Landfills and Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, 24878-24879 [2017-10752]
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24878
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
Ohio nonattainment area has been
approved as submitted on June 29, 2016.
(e) EPA is approving the existing
controls and maintenance provisions in
the permit to install for the Ferro facility
including the preventative maintenance
plan, 0.3 tpy combined emissions limit
for units P064 through P069 as well as
the base control devices and upgrades,
in addition the 0.009 tpy limit for P071
and all base control devices and
upgrades for units P001, P071, P100,
P101, and P951 as fulfilling the RACM/
RACT 172(c)(1) requirement.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Authority: 42 U.S.C. 7401 et seq.
5. Section 81.336 is amended by
revising the entry for ‘‘Cleveland, OH:’’
in the table entitled ‘‘Ohio—2008 Lead
NAAQS’’ to read as follows:
■
§ 81.336
*
4. The authority citation for part 81
continues to read as follows:
■
*
Ohio.
*
*
*
OHIO—2008 LEAD NAAQS
Designation for the 2008 NAAQS a
Designated area
Date 1
*
*
*
*
*
Cleveland, OH:
Cuyahoga County (part) ........................................................................................................................
The portions of Cuyahoga County that are bounded on the west by Washington Park Blvd./
Crete Ave./East 49th St., on the east by East 71st St., on the north by Fleet Ave., and on
the south by Grant Ave.
*
a Includes
*
*
*
*
*
5/31/2017
*
*
Type
Attainment.
*
Indian Country located in each county or area, except as otherwise specified.
31, 2011, unless otherwise noted.
1 December
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2003–0215 and EPA–HQ–
OAR–2014–0451; FRL–9963–19–OAR]
RIN 2060–AT62
Stay of Standards of Performance for
Municipal Solid Waste Landfills and
Emission Guidelines and Compliance
Times for Municipal Solid Waste
Landfills
Environmental Protection
Agency (EPA).
ACTION: Stay.
AGENCY:
asabaliauskas on DSKBBXCHB2PROD with RULES
I. Background
By a letter dated May 5, 2017,
the Administrator announced the
convening of a proceeding for
reconsideration of certain requirements
in the final rules, ‘‘Standards of
Performance for Municipal Solid Waste
Landfills,’’ and ‘‘Emission Guidelines
and Compliance Times for Municipal
Solid Waste Landfills,’’ both published
on August 29, 2016. In this action, the
EPA is staying subparts, which were
added or revised by the two rules, for 90
days pending reconsideration.
DATES: Title 40 CFR part 60, subpart Cf,
and 40 CFR part 60, subpart XXX, are
stayed from May 31, 2017 until August
29, 2017.
SUMMARY:
VerDate Sep<11>2014
16:13 May 30, 2017
Jkt 241001
Electronic copies of this
document are available on the EPA’s
Web site at https://www.epa.gov/
stationary-sources-air-pollution/
municipal-solid-waste-landfills-newsource-performance-standards. Copies
of this document are also available at
https://www.regulations.gov, at Docket
ID No. EPA–HQ–OAR–2003–0215 and
EPA–HQ–OAR–2014–0451.
FOR FURTHER INFORMATION CONTACT: Mr.
Peter Tsirigotis, Sector Policies and
Programs Division (D205–01), U.S.
Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (888) 627–7764;
email address: airaction@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2017–10968 Filed 5–30–17; 8:45 am]
On July 14, 2016, the U.S.
Environmental Protection Agency (EPA)
Administrator signed a final rule
establishing new source performance
standards (NSPS) intended to reduce
emissions of landfill gas from new,
modified, and reconstructed municipal
solid waste (MSW) landfills, thereby
updating standards that were issued in
1996. In a separate action, the
Administrator also signed a final rule
revising guidelines for reducing
emissions from existing MSW landfills,
thereby updating the previous emissions
guidelines (EG), which also were issued
in 1996. The NSPS are codified at 40
CFR part 60, subpart XXX, and the EG
are codified at 40 CFR part 60, subpart
Cf. For further information on these
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
2016 rules, see 81 FR 59332 and 81 FR
59276 (August 29, 2016).
On October 27, 2016, a number of
interested parties submitted
administrative petitions to the EPA
seeking reconsideration of various
aspects of the 2016 rules pursuant to
section 307(d)(7)(B) of the Clean Air Act
(CAA) (42 U.S.C. 7607(d)(7)(B)).1 Under
section 307(d)(7)(B) of the CAA, the
Administrator shall convene a
reconsideration proceeding if, in the
Administrator’s judgment, the petitioner
raises an objection to a rule that was
impracticable to raise during the
comment period or if the grounds for
the objection arose after the comment
period, but within the period for
judicial review. In either case, the
Administrator must also conclude that
the objection is of central relevance to
the outcome of the rule. The
Administrator may stay the
effectiveness of the rule for up to 3
months during such reconsideration.
In a letter dated May 5, 2017, based
on the criteria in CAA section
307(d)(7)(B), the Administrator
convened a proceeding for
reconsideration. The May 5, 2017, letter
announced the convening of an
administrative reconsideration
proceeding to reconsider the following
topics from one petition: (1) Tier 4
surface emission monitoring; (2) annual
liquids reporting; (3) corrective action
1 Copies of these petitions are included in the
docket for the 2016 rules, Docket ID No. EPA–HQ–
OAR–2003–0215 and EPA–HQ–OAR–2014–0451.
E:\FR\FM\31MYR1.SGM
31MYR1
asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
timeline procedures; (4) overlapping
applicability with other rules; (5) the
definition of cover penetration; and (6)
design plan approval. As part of the
proceeding, the EPA will prepare a
notice of proposed rulemaking that will
provide the petitioners and the public
an opportunity to comment on the
issues identified in that letter. As
explained in the letter, the EPA has not
taken action on the remaining issues in
the petitions for reconsideration. A copy
of the letter is included in the dockets
for this rule, Docket ID No. EPA–HQ–
OAR–2003–0215 and EPA–HQ–OAR–
2014–0451.
The EPA convened a proceeding for
reconsideration based on the
determination that some of the
objections raised in the petition for
reconsideration met the criteria set forth
in CAA section 307(d)(7)(B), 42 U.S.C.
7607(d)(7)(B), which requires the
Administrator to convene a proceeding
for reconsideration of a rule when the
person raising an objection to a rule can
demonstrate: (1) That it was either
impractical to raise the objection during
the period for public comment or that
the grounds for the objection arose after
the period for public comment; and (2)
that the objection is of central relevance
to the outcome of the rule. In particular,
we determined that the tier 4 surface
emissions monitoring (SEM) issues
raised in the petition for reconsideration
met those criteria. The proposed rule
included tier 4 SEM as an optional
monitoring method; however, the final
rule imposed restrictions on the use of
tier 4 SEM, e.g., limits on wind speed,
the use of wind barriers, and restricting
the use of tier 4 SEM to landfills with
non-methane organic compounds
emission rates between 34 and 50 mega
grams per year, that were not included
in the proposal. While we believe that
the restrictions are appropriate in light
of the potential impact of the results of
tier 4 SEM, we recognize that they were
added without the benefit of public
comment. Thus, we find that the
petitioners have demonstrated that it
was impractical to raise the objection
during the period for public comment.
We also find that the objection to the
restrictions on the use of tier 4 SEM is
of central relevance to the outcome of
the rule. Tier 4 SEM can be used as a
site-specific methodology for
determining whether and when the
requirement to install a gas collection
and control system is triggered. The
restrictions limit an owner’s/operator’s
ability to use tier 4 SEM for those
purposes, thereby reducing intended
flexibility in the rule. If we had the
benefit of public comment on the
VerDate Sep<11>2014
16:13 May 30, 2017
Jkt 241001
restrictions, we might have structured
the rule in such a way as to minimize
any potential impacts on flexibility.
II. Stay of Subparts Cf and XXX
By this action, the EPA is staying the
subparts added or revised by two final
rules, ‘‘Standards of Performance for
Municipal Solid Waste Landfills,’’ 81
FR 59332 and ‘‘Emission Guidelines and
Compliance Times for Municipal Solid
Waste Landfills,’’ 81 FR 59276 for 90
days pursuant to its authority under
section 307(d)(7)(B) of the CAA. We
believe that it is necessary to stay the
subparts in their entirety because the
tier 4 SEM provisions in the two rules
are integral to how the rules function as
a whole. The ability to use tier 4 SEM
is a primary aspect of the flexibility we
intended to include in the rule. Tier 4
SEM can be used to determine on a sitespecific basis whether and when the
requirement to install and operate a gas
collection and control system is
triggered. The tier 4 SEM provision
provides flexibility in complying with
other requirements in the rules that does
not otherwise exist. As a result, we
believe that it is appropriate to stay the
subparts in their entirety while we
address the tier 4 SEM issues and the
other issues for which the Administrator
has granted reconsideration. Therefore,
pursuant to section 307(d)(7)(B) of the
CAA, the EPA is staying 40 CFR part 60,
subpart XXX, and 40 CFR part 60,
subpart Cf, for 90 days.
This stay will remain in place until
August 29, 2017.
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Reporting and
recordkeeping requirements.
40 CFR part 60 is amended as follows:
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Cf—[Stayed]
2. Subpart Cf is stayed from May 31,
2017 until August 29, 2017.
■
PO 00000
Frm 00055
Fmt 4700
Subpart XXX—[Stayed]
2. Subpart XXX is stayed from May
31, 2017 until August 29, 2017.
■
[FR Doc. 2017–10752 Filed 5–30–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 161118999–7280–02]
RIN 0648–XF410
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Closure of the Nantucket Lightship
Access Area to General Category
Individual Fishing Quota Scallop
Vessels
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces that the
Nantucket Lightship Scallop Access
Area will close to Limited Access
General Category Individual Fishing
Quota scallop vessels for the remainder
of the 2017 fishing year as of the
effective date below. No vessel issued a
Limited Access General Category
Individual Fishing Quota permit may
fish for, possess, or land scallops from
the Nantucket Lightship Scallop Access
Area. Regulations require this action
once it is projected that 100 percent of
trips allocated to the Limited Access
General Category Individual Fishing
Quota scallop vessels for the Nantucket
Lightship Scallop Access Area will be
taken.
SUMMARY:
Effective 0001 hr local time, May
30, 2017, through March 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
Specialist, (978) 282–8456.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the Sea Scallop Access Areas can be
found in 50 CFR 648.59 and 648.60.
These regulations authorize vessels
issued a valid Limited Access General
Category (LAGC) Individual Fishing
Quota (IFQ) scallop permit to fish in the
Nantucket Lightship Scallop Access
Area under specific conditions,
including a total of 837 trips that may
be taken during the 2017 fishing year.
Section 648.59(g)(3)(iii) requires the
Nantucket Lightship Scallop Access
DATES:
Dated: May 22, 2017.
E. Scott Pruitt,
Administrator.
Sfmt 4700
24879
E:\FR\FM\31MYR1.SGM
31MYR1
Agencies
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24878-24879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10752]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2003-0215 and EPA-HQ-OAR-2014-0451; FRL-9963-19-OAR]
RIN 2060-AT62
Stay of Standards of Performance for Municipal Solid Waste
Landfills and Emission Guidelines and Compliance Times for Municipal
Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Stay.
-----------------------------------------------------------------------
SUMMARY: By a letter dated May 5, 2017, the Administrator announced the
convening of a proceeding for reconsideration of certain requirements
in the final rules, ``Standards of Performance for Municipal Solid
Waste Landfills,'' and ``Emission Guidelines and Compliance Times for
Municipal Solid Waste Landfills,'' both published on August 29, 2016.
In this action, the EPA is staying subparts, which were added or
revised by the two rules, for 90 days pending reconsideration.
DATES: Title 40 CFR part 60, subpart Cf, and 40 CFR part 60, subpart
XXX, are stayed from May 31, 2017 until August 29, 2017.
ADDRESSES: Electronic copies of this document are available on the
EPA's Web site at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards.
Copies of this document are also available at https://www.regulations.gov, at Docket ID No. EPA-HQ-OAR-2003-0215 and EPA-HQ-
OAR-2014-0451.
FOR FURTHER INFORMATION CONTACT: Mr. Peter Tsirigotis, Sector Policies
and Programs Division (D205-01), U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711; telephone number: (888) 627-7764;
email address: airaction@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 14, 2016, the U.S. Environmental Protection Agency (EPA)
Administrator signed a final rule establishing new source performance
standards (NSPS) intended to reduce emissions of landfill gas from new,
modified, and reconstructed municipal solid waste (MSW) landfills,
thereby updating standards that were issued in 1996. In a separate
action, the Administrator also signed a final rule revising guidelines
for reducing emissions from existing MSW landfills, thereby updating
the previous emissions guidelines (EG), which also were issued in 1996.
The NSPS are codified at 40 CFR part 60, subpart XXX, and the EG are
codified at 40 CFR part 60, subpart Cf. For further information on
these 2016 rules, see 81 FR 59332 and 81 FR 59276 (August 29, 2016).
On October 27, 2016, a number of interested parties submitted
administrative petitions to the EPA seeking reconsideration of various
aspects of the 2016 rules pursuant to section 307(d)(7)(B) of the Clean
Air Act (CAA) (42 U.S.C. 7607(d)(7)(B)).\1\ Under section 307(d)(7)(B)
of the CAA, the Administrator shall convene a reconsideration
proceeding if, in the Administrator's judgment, the petitioner raises
an objection to a rule that was impracticable to raise during the
comment period or if the grounds for the objection arose after the
comment period, but within the period for judicial review. In either
case, the Administrator must also conclude that the objection is of
central relevance to the outcome of the rule. The Administrator may
stay the effectiveness of the rule for up to 3 months during such
reconsideration.
---------------------------------------------------------------------------
\1\ Copies of these petitions are included in the docket for the
2016 rules, Docket ID No. EPA-HQ-OAR-2003-0215 and EPA-HQ-OAR-2014-
0451.
---------------------------------------------------------------------------
In a letter dated May 5, 2017, based on the criteria in CAA section
307(d)(7)(B), the Administrator convened a proceeding for
reconsideration. The May 5, 2017, letter announced the convening of an
administrative reconsideration proceeding to reconsider the following
topics from one petition: (1) Tier 4 surface emission monitoring; (2)
annual liquids reporting; (3) corrective action
[[Page 24879]]
timeline procedures; (4) overlapping applicability with other rules;
(5) the definition of cover penetration; and (6) design plan approval.
As part of the proceeding, the EPA will prepare a notice of proposed
rulemaking that will provide the petitioners and the public an
opportunity to comment on the issues identified in that letter. As
explained in the letter, the EPA has not taken action on the remaining
issues in the petitions for reconsideration. A copy of the letter is
included in the dockets for this rule, Docket ID No. EPA-HQ-OAR-2003-
0215 and EPA-HQ-OAR-2014-0451.
The EPA convened a proceeding for reconsideration based on the
determination that some of the objections raised in the petition for
reconsideration met the criteria set forth in CAA section 307(d)(7)(B),
42 U.S.C. 7607(d)(7)(B), which requires the Administrator to convene a
proceeding for reconsideration of a rule when the person raising an
objection to a rule can demonstrate: (1) That it was either impractical
to raise the objection during the period for public comment or that the
grounds for the objection arose after the period for public comment;
and (2) that the objection is of central relevance to the outcome of
the rule. In particular, we determined that the tier 4 surface
emissions monitoring (SEM) issues raised in the petition for
reconsideration met those criteria. The proposed rule included tier 4
SEM as an optional monitoring method; however, the final rule imposed
restrictions on the use of tier 4 SEM, e.g., limits on wind speed, the
use of wind barriers, and restricting the use of tier 4 SEM to
landfills with non-methane organic compounds emission rates between 34
and 50 mega grams per year, that were not included in the proposal.
While we believe that the restrictions are appropriate in light of the
potential impact of the results of tier 4 SEM, we recognize that they
were added without the benefit of public comment. Thus, we find that
the petitioners have demonstrated that it was impractical to raise the
objection during the period for public comment. We also find that the
objection to the restrictions on the use of tier 4 SEM is of central
relevance to the outcome of the rule. Tier 4 SEM can be used as a site-
specific methodology for determining whether and when the requirement
to install a gas collection and control system is triggered. The
restrictions limit an owner's/operator's ability to use tier 4 SEM for
those purposes, thereby reducing intended flexibility in the rule. If
we had the benefit of public comment on the restrictions, we might have
structured the rule in such a way as to minimize any potential impacts
on flexibility.
II. Stay of Subparts Cf and XXX
By this action, the EPA is staying the subparts added or revised by
two final rules, ``Standards of Performance for Municipal Solid Waste
Landfills,'' 81 FR 59332 and ``Emission Guidelines and Compliance Times
for Municipal Solid Waste Landfills,'' 81 FR 59276 for 90 days pursuant
to its authority under section 307(d)(7)(B) of the CAA. We believe that
it is necessary to stay the subparts in their entirety because the tier
4 SEM provisions in the two rules are integral to how the rules
function as a whole. The ability to use tier 4 SEM is a primary aspect
of the flexibility we intended to include in the rule. Tier 4 SEM can
be used to determine on a site-specific basis whether and when the
requirement to install and operate a gas collection and control system
is triggered. The tier 4 SEM provision provides flexibility in
complying with other requirements in the rules that does not otherwise
exist. As a result, we believe that it is appropriate to stay the
subparts in their entirety while we address the tier 4 SEM issues and
the other issues for which the Administrator has granted
reconsideration. Therefore, pursuant to section 307(d)(7)(B) of the
CAA, the EPA is staying 40 CFR part 60, subpart XXX, and 40 CFR part
60, subpart Cf, for 90 days.
This stay will remain in place until August 29, 2017.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Dated: May 22, 2017.
E. Scott Pruitt,
Administrator.
40 CFR part 60 is amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Cf--[Stayed]
0
2. Subpart Cf is stayed from May 31, 2017 until August 29, 2017.
Subpart XXX--[Stayed]
0
2. Subpart XXX is stayed from May 31, 2017 until August 29, 2017.
[FR Doc. 2017-10752 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P