Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Mexico and Albuquerque-Bernalillo County; Municipal Solid Waste Landfills, 29138-29140 [2019-13127]

Download as PDF 29138 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Proposed Rules separately on its fee schedule and is now noticing them for public comment. Currently, the Office does not have the ability to charge differential prices when claims in multiple works are submitted on the Standard Application. However, the Office will consider different pricing and for musical works, sound recordings, and certain other works contained on an album to appear at 37 CFR 201.3(c): Group registrations Current fees ($) * * * * (10) Group registration of short online literary works .................................................. (11) Group registration of musical works, sound recordings, and certain other works contained on an album. * * New Fee ................................................... New Fee ................................................... The Office welcomes comment on these proposed changes. Dated: June 14, 2019. Regan A. Smith, General Counsel and Associate Register of Copyrights. [FR Doc. 2019–12976 Filed 6–20–19; 8:45 am] BILLING CODE 1410–30–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R06–OAR–2019–0306; FRL–9995–26Region 6] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Mexico and Albuquerque-Bernalillo County; Municipal Solid Waste Landfills Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the section 111(d) Plan submitted by the New Mexico Environment Department (NMED) on May 25, 2017, to regulate landfill gas and its components, including methane, from existing municipal solid waste (MSW) landfills. The Plan is submitted to implement and enforce the Emissions Guidelines (EG) for existing landfills in New Mexico, except Albuquerque-Bernalillo County. We are also proposing to approve revisions to the section 111(d) Plan submitted by the New Mexico Environment Department (NMED) on behalf of the Albuquerque-Bernalillo County Air Quality Control Board on May 24, 2017, to implement and enforce SUMMARY: jspears on DSK30JT082PROD with PROPOSALS models for such claims as it begins to develop the technical and legal requirements for its next-generation registration system.20 As such, the Office is considering a new fee for new group registration options for short online literary works the EG for existing MSW landfills in Albuquerque and Bernalillo County. The EG requires States to develop plans to reduce air emissions from all affected MSW landfills within their jurisdiction. DATES: Written comments must be received on or before July 22, 2019. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2019–0306 at https:// www.regulations.gov or via email to Shar.alan@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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 Alan Shar 214–665–6691, Shar.alan@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1201 Elm Street, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available 17:15 Jun 20, 2019 Jkt 247001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 * 75 75 only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, EPA Region 6 Office, State Planning Implementation Branch, 1201 Elm Street, Dallas, TX 75270, 214–665– 6691, Shar.alan@epa.gov. To inspect the hard copy materials, please schedule an appointment with Alan Shar. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. Table of Contents I. Background II. Evaluation A. State of New Mexico Plan B. Albuquerque-Bernalillo County Plan III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background On August 29, 2016, the EPA finalized new source performance standards (NSPS) for MSW landfills and Emission Guidelines and Compliance Times for existing MSW landfills in 40 CFR part 60, subparts XXX and Cf, respectively. See 81 FR 59332 and 81 FR 59313. These actions were taken under section 111 of the Act. With respect to existing sources, including existing MSW landfills, section 111(d) of the Act requires the EPA to establish a procedure under which each state shall 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 NSPS would apply if such existing source were a new source. The EPA established requirements for 20 See Registration Modernization, 83 FR 52336, 52339 (Oct. 17, 2018). VerDate Sep<11>2014 Proposed fees ($) E:\FR\FM\21JNP1.SGM 21JNP1 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Proposed Rules jspears on DSK30JT082PROD with PROPOSALS state plan submittals in 40 CFR part 60, subpart B. As discussed below, state plan submittals under CAA sections 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 and 40 CFR part 62, subpart A. Once a NSPS for a source category is promulgated, the EPA publishes an emissions guideline (EG) applicable to the control of the same pollutants from existing (designated) facilities. In this action, a MSW landfill for which construction, reconstruction, or modification was commenced on or before July 17, 2014, is considered a designated facility. The MSW landfills EG, revised in 2016 and promulgated at 40 CFR part 60, subpart Cf, updates the control requirements and monitoring, reporting, and recordkeeping provisions for existing MSW landfill sources. The MSW landfills EG incorporates by crossreference or direct adoption certain requirements for state and federal plans, as specified in 40 CFR part 60, subpart Cf. States with designated facilities must then develop plans implementing the EG and submit them to the EPA for review and approval. State plans must include compliance times and other elements, such as inventories, legal authority, and public participation documentation, to demonstrate the ability to enforce the EG. See 40 CFR part 60, subpart B. The MSW landfills EG, found at 40 CFR part 60, subpart Cf, concerns the regulation of landfill gas and its components, including methane, from MSW landfills for which construction, reconstruction, or modification was commenced on or before July 17, 2014. The deadline to submit a state plan to the EPA was May 30, 2017. In this action, we are proposing to approve the incorporation by reference (IBR) of Title 20, Chapter 2, Part 64 Municipal Solid Waste Landfills (20.2.64 NMAC) for the State of New Mexico; and proposing to approve the IBR of Title 20, Chapter 11, Part 71 Municipal Solid Waste Landfills (20.11.71 NMAC) for the AlbuquerqueBernalillo County Air Quality Control Board. II. Evaluation EPA has evaluated the New Mexico Plan (submitted on May 25, 2017) and the Albuquerque-Bernalillo County Plan (submitted on May 24, 2017) to determine whether each meets the requirements of CAA section 111(d), 40 CFR part 60, subparts B and Cf, and 40 CFR part 62, subpart A. Both Plans were VerDate Sep<11>2014 17:15 Jun 20, 2019 Jkt 247001 submitted to the EPA prior to the May 30, 2017 submittal deadline. See 40 CFR 60.30f(b). Section II.A below evaluates the New Mexico Plan while Section II.B evaluates the Albuquerque-Bernalillo County Plan. A. State of New Mexico Plan Title 20, Chapter 2, Part 64— Municipal Solid Waste Landfills of the New Mexico Administrative Code (20.2.64 NMAC) establishes requirements for municipal solid waste landfills in New Mexico (except Albuquerque and Bernalillo County) in order to control their methane and nonmethane organic compounds emissions. 20.2.64 NMAC was revised on April 28, 2017 and became effective on May 31, 2017. Title 20, Chapter 2, Part 77—New Source Performance Standards (20.2.77 NMAC) establishes state authority to implement federal NSPS for stationary sources in New Mexico. The CAA 111(d) Plan for MSW landfills in New Mexico was last approved by the EPA on November 24, 2006 (71 FR 67809). An approvable CAA section 111(d) Plan for MSW landfills has ten essential elements 1 incorporating the legal requirements for approvable state plans. See 40 CFR part 60, subparts B and Cf, and 40 CFR part 62, subpart A. These elements are as follows: 1. Identification of enforceable State mechanisms selected by the State for implementing the Emission Guidelines; 2. A demonstration of State’s legal authority to carry out the Section 111(d) State plan as submitted; 3. An inventory of existing MSW landfills in the State affected by the Emission Guidelines; 4. Inventory of emissions from existing MSW landfills in the State; 5. Emission standards for existing MSW landfills that are ‘‘no less stringent’’ than those in the Emission Guidelines; 6. State process for review and approval of site-specific gas collection and control system design plans; 7. Compliance schedules extending no later than 30 months after the date the annual nonmethane organic compounds (NMOC) emission rate reaches or exceeds thresholds in Subpart Cf; 8. Testing, monitoring, recordkeeping, and reporting requirements; 9. A record of public hearing(s) on the State Plan; and 1 See ‘‘Municipal Solid Waste Landfills, Volume 2: Summary of the Requirements for Section 111(d) State Plans for Implementing the Muncipal Solid Waste Landfills Emission Guidelines,’’ U.S. EPA, OAQPS; EPA–456R/98–009, November 1998 (hereinafter ‘‘1998 State Plan Guidance’’). PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 29139 10. Provision for annual State progress reports to the EPA on implementation of the State Plan. Each element of the New Mexico Plan has been evaluated in detail in the Technical Support Document (TSD) prepared in conjunction with this action.2 Our evaluation demonstrates that the New Mexico Plan meets all these 10 elements and is consistent with the requirements for approvable section 111(d) state plans for MSW landfills. B. Albuquerque-Bernalillo County Plan Title 20, Chapter 11, Part 71— Municipal Solid Waste Landfills of the New Mexico Administrative Code (20.11.71 NMAC) establishes requirements for municipal solid waste landfills in Albuquerque-Bernalillo County in order to control their methane and nonmethane organic compounds emissions and serves as the enforceable mechanism to implement the EG. The Plan was adopted by the AlbuquerqueBernalillo County Air Quality Control Board on April 12, 2017 and became effective on May 13, 2017. Title 20, Chapter 11, Part 63—New Source Performance Standards for Stationary Sources (20.11.63 NMAC) provides for the authority to adopt specified federal NSPS requirements codified at 40 CFR part 60 (e.g., 40 CFR part 60, subpart Cf for existing MSW landfills) within the Albuquerque-Bernalillo County jurisdictional area. The 111(d) Plan for MSW landfills for AlbuquerqueBernalillo County was last approved by the EPA on November 8, 1999 (64 FR 60689). For detailed evaluation of the 10 essential elements for approvable CAA section 111(d) state plans for MSW landfills (as referenced in Section II.A. above) for the Albuquerque-Bernalillo County Plan, please see the TSD prepared in conjunction with this action.3 Our evaluation demonstrates that the Albuquerque-Bernalillo County Plan meets all these 10 elements and is consistent with the requirements for approvable section 111(d) state plans for MSW landfills. III. Proposed Action The EPA is proposing to approve revisions to the CAA section 111(d) Plan submitted by the NMED on May 25, 2017, to regulate landfill gas and its components, including methane, from existing MSW landfills in New Mexico, except for Albuquerque and Bernalillo County. We are also proposing to approve revisions to the CAA section 2 Pages 4–15 of the TSD, Docket ID. NO. EPA– R06–OAR–2019–0306 at www.regulations.gov. 3 Pages 16–26 of the TSD, Docket ID. NO. EPA– R06–OAR–2019–0306 at www.regulations.gov. E:\FR\FM\21JNP1.SGM 21JNP1 29140 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Proposed Rules 111(d) Plan submitted by the NMED on behalf of the Albuquerque-Bernalillo County Air Quality Control Board on May 24, 2017, for existing MSW landfills in Albuquerque and Bernalillo County. Both Plans are submitted to implement and enforce the EG for existing MSW landfills. See 40 CFR part 60, subpart Cf. The scope of the proposed approval of the section 111(d) Plans 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. jspears on DSK30JT082PROD with PROPOSALS IV. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference of the CAA section 111(d) Plan for New Mexico applicable to MSW landfills. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to the New Mexico regulations regarding MSW landfills and to Albuquerque-Bernalillo County Air Quality Control Board regulations regarding MSW landfills in Albuquerque and Bernalillo County, as described in the Proposed Action section of this preamble. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov, docket ID NO. EPA–R06–OAR–2019–0306 and in hard copy at the EPA Region 6 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 Act, the Administrator is required to approve submission of CAA section 111(d) state plans that comply with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in reviewing CAA section 111(d) state plan submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Act and implementing regulations. Accordingly, this 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 action: • 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) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory VerDate Sep<11>2014 17:15 Jun 20, 2019 Jkt 247001 action because this action is not significant under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • 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.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • 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 Act; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule for existing MSW landfills within the State of New Mexico (including AlbuquerqueBernalillo County) does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the section 111(d) plan is not approved to apply in Indian country, as defined at 18 U.S.C. 1151, located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Municipal solid waste landfill, Intergovernmental relations, Methane, Reporting and recordkeeping requirements. Dated: June 17, 2019. David Gray, Acting Regional Administrator, Region 6. [FR Doc. 2019–13127 Filed 6–20–19; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Chapter 7 RIN 0412–AA86 Agency for International Development Acquisition Regulation (AIDAR): Leave and Holidays for U.S. Personal Services Contractors, Including Family and Medical Leave U.S. Agency for International Development. ACTION: Proposed rule. AGENCY: The U.S. Agency for International Development (USAID) proposes to amend the Agency for International Development Acquisition Regulation (AIDAR) to revise the General Provision contract clause (hereafter ‘‘clause’’) 5 entitled ‘‘Leave and Holidays (APR 1997).’’ This proposed rule also makes other editorial and clarifying changes to this clause and the prescription. DATES: Submit comments on or before August 20, 2019. ADDRESSES: Submit comments by any of the following methods: 1. Through the Federal eRulemaking Portal at https://www.regulations.gov by following the instructions for submitting comments. 2. By Mail addressed to: U.S. Agency for International Development (USAID), Bureau for Management, Office of Acquisition & Assistance, Policy Division, Attn: Marcelle Wijesinghe, Room 867–J, SA–44, 1300 Pennsylvania Ave. NW, Washington, DC 20523–2052. FOR FURTHER INFORMATION CONTACT: Richard Spencer, Telephone: 202–567– 4781 or Email: rspencer@usaid.gov. SUPPLEMENTARY INFORMATION: SUMMARY: A. Instructions All comments must be in writing and submitted through one of the methods specified in the ADDRESSES section above. USAID encourages all commenters to include the title of the action and RIN for this rulemaking. Please include your name, title, organization, postal address, telephone number, and email address in the text of your comment. Please note that USAID recommends sending all comments to the Federal eRulemaking Portal. All comments will be made available at https://www.regulations.gov for public review without change, including any personal information provided. We recommend that you do not submit information that you consider confidential business information or any E:\FR\FM\21JNP1.SGM 21JNP1

Agencies

[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Proposed Rules]
[Pages 29138-29140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13127]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2019-0306; FRL-9995-26-Region 6]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; New Mexico and Albuquerque-Bernalillo 
County; Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve revisions 
to the section 111(d) Plan submitted by the New Mexico Environment 
Department (NMED) on May 25, 2017, to regulate landfill gas and its 
components, including methane, from existing municipal solid waste 
(MSW) landfills. The Plan is submitted to implement and enforce the 
Emissions Guidelines (EG) for existing landfills in New Mexico, except 
Albuquerque-Bernalillo County. We are also proposing to approve 
revisions to the section 111(d) Plan submitted by the New Mexico 
Environment Department (NMED) on behalf of the Albuquerque-Bernalillo 
County Air Quality Control Board on May 24, 2017, to implement and 
enforce the EG for existing MSW landfills in Albuquerque and Bernalillo 
County. The EG requires States to develop plans to reduce air emissions 
from all affected MSW landfills within their jurisdiction.

DATES: Written comments must be received on or before July 22, 2019.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2019-0306 at https://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. 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 Alan Shar 214-665-6691, 
[email protected]. For the full EPA public comment policy, information 
about CBI or multimedia submissions, and general guidance on making 
effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1201 Elm Street, Dallas, Texas. While all documents in the docket are 
listed in the index, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material), and some may not 
be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, EPA Region 6 Office, 
State Planning Implementation Branch, 1201 Elm Street, Dallas, TX 
75270, 214-665-6691, [email protected]. To inspect the hard copy 
materials, please schedule an appointment with Alan Shar.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

Table of Contents

I. Background
II. Evaluation
    A. State of New Mexico Plan
    B. Albuquerque-Bernalillo County Plan
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On August 29, 2016, the EPA finalized new source performance 
standards (NSPS) for MSW landfills and Emission Guidelines and 
Compliance Times for existing MSW landfills in 40 CFR part 60, subparts 
XXX and Cf, respectively. See 81 FR 59332 and 81 FR 59313. These 
actions were taken under section 111 of the Act.
    With respect to existing sources, including existing MSW landfills, 
section 111(d) of the Act requires the EPA to establish a procedure 
under which each state shall 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 NSPS 
would apply if such existing source were a new source. The EPA 
established requirements for

[[Page 29139]]

state plan submittals in 40 CFR part 60, subpart B. As discussed below, 
state plan submittals under CAA sections 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 and 40 
CFR part 62, subpart A.
    Once a NSPS for a source category is promulgated, the EPA publishes 
an emissions guideline (EG) applicable to the control of the same 
pollutants from existing (designated) facilities. In this action, a MSW 
landfill for which construction, reconstruction, or modification was 
commenced on or before July 17, 2014, is considered a designated 
facility. The MSW landfills EG, revised in 2016 and promulgated at 40 
CFR part 60, subpart Cf, updates the control requirements and 
monitoring, reporting, and recordkeeping provisions for existing MSW 
landfill sources. The MSW landfills EG incorporates by cross-reference 
or direct adoption certain requirements for state and federal plans, as 
specified in 40 CFR part 60, subpart Cf.
    States with designated facilities must then develop plans 
implementing the EG and submit them to the EPA for review and approval. 
State plans must include compliance times and other elements, such as 
inventories, legal authority, and public participation documentation, 
to demonstrate the ability to enforce the EG. See 40 CFR part 60, 
subpart B. The MSW landfills EG, found at 40 CFR part 60, subpart Cf, 
concerns the regulation of landfill gas and its components, including 
methane, from MSW landfills for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014. The deadline to 
submit a state plan to the EPA was May 30, 2017.
    In this action, we are proposing to approve the incorporation by 
reference (IBR) of Title 20, Chapter 2, Part 64 Municipal Solid Waste 
Landfills (20.2.64 NMAC) for the State of New Mexico; and proposing to 
approve the IBR of Title 20, Chapter 11, Part 71 Municipal Solid Waste 
Landfills (20.11.71 NMAC) for the Albuquerque-Bernalillo County Air 
Quality Control Board.

II. Evaluation

    EPA has evaluated the New Mexico Plan (submitted on May 25, 2017) 
and the Albuquerque-Bernalillo County Plan (submitted on May 24, 2017) 
to determine whether each meets the requirements of CAA section 111(d), 
40 CFR part 60, subparts B and Cf, and 40 CFR part 62, subpart A. Both 
Plans were submitted to the EPA prior to the May 30, 2017 submittal 
deadline. See 40 CFR 60.30f(b). Section II.A below evaluates the New 
Mexico Plan while Section II.B evaluates the Albuquerque-Bernalillo 
County Plan.

A. State of New Mexico Plan

    Title 20, Chapter 2, Part 64--Municipal Solid Waste Landfills of 
the New Mexico Administrative Code (20.2.64 NMAC) establishes 
requirements for municipal solid waste landfills in New Mexico (except 
Albuquerque and Bernalillo County) in order to control their methane 
and nonmethane organic compounds emissions. 20.2.64 NMAC was revised on 
April 28, 2017 and became effective on May 31, 2017. Title 20, Chapter 
2, Part 77--New Source Performance Standards (20.2.77 NMAC) establishes 
state authority to implement federal NSPS for stationary sources in New 
Mexico. The CAA 111(d) Plan for MSW landfills in New Mexico was last 
approved by the EPA on November 24, 2006 (71 FR 67809). An approvable 
CAA section 111(d) Plan for MSW landfills has ten essential elements 
\1\ incorporating the legal requirements for approvable state plans. 
See 40 CFR part 60, subparts B and Cf, and 40 CFR part 62, subpart A. 
These elements are as follows:
---------------------------------------------------------------------------

    \1\ See ``Municipal Solid Waste Landfills, Volume 2: Summary of 
the Requirements for Section 111(d) State Plans for Implementing the 
Muncipal Solid Waste Landfills Emission Guidelines,'' U.S. EPA, 
OAQPS; EPA-456R/98-009, November 1998 (hereinafter ``1998 State Plan 
Guidance'').
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    1. Identification of enforceable State mechanisms selected by the 
State for implementing the Emission Guidelines;
    2. A demonstration of State's legal authority to carry out the 
Section 111(d) State plan as submitted;
    3. An inventory of existing MSW landfills in the State affected by 
the Emission Guidelines;
    4. Inventory of emissions from existing MSW landfills in the State;
    5. Emission standards for existing MSW landfills that are ``no less 
stringent'' than those in the Emission Guidelines;
    6. State process for review and approval of site-specific gas 
collection and control system design plans;
    7. Compliance schedules extending no later than 30 months after the 
date the annual nonmethane organic compounds (NMOC) emission rate 
reaches or exceeds thresholds in Subpart Cf;
    8. Testing, monitoring, recordkeeping, and reporting requirements;
    9. A record of public hearing(s) on the State Plan; and
    10. Provision for annual State progress reports to the EPA on 
implementation of the State Plan.
    Each element of the New Mexico Plan has been evaluated in detail in 
the Technical Support Document (TSD) prepared in conjunction with this 
action.\2\ Our evaluation demonstrates that the New Mexico Plan meets 
all these 10 elements and is consistent with the requirements for 
approvable section 111(d) state plans for MSW landfills.
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    \2\ Pages 4-15 of the TSD, Docket ID. NO. EPA-R06-OAR-2019-0306 
at www.regulations.gov.
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B. Albuquerque-Bernalillo County Plan

    Title 20, Chapter 11, Part 71--Municipal Solid Waste Landfills of 
the New Mexico Administrative Code (20.11.71 NMAC) establishes 
requirements for municipal solid waste landfills in Albuquerque-
Bernalillo County in order to control their methane and nonmethane 
organic compounds emissions and serves as the enforceable mechanism to 
implement the EG. The Plan was adopted by the Albuquerque-Bernalillo 
County Air Quality Control Board on April 12, 2017 and became effective 
on May 13, 2017. Title 20, Chapter 11, Part 63--New Source Performance 
Standards for Stationary Sources (20.11.63 NMAC) provides for the 
authority to adopt specified federal NSPS requirements codified at 40 
CFR part 60 (e.g., 40 CFR part 60, subpart Cf for existing MSW 
landfills) within the Albuquerque-Bernalillo County jurisdictional 
area. The 111(d) Plan for MSW landfills for Albuquerque-Bernalillo 
County was last approved by the EPA on November 8, 1999 (64 FR 60689). 
For detailed evaluation of the 10 essential elements for approvable CAA 
section 111(d) state plans for MSW landfills (as referenced in Section 
II.A. above) for the Albuquerque-Bernalillo County Plan, please see the 
TSD prepared in conjunction with this action.\3\ Our evaluation 
demonstrates that the Albuquerque-Bernalillo County Plan meets all 
these 10 elements and is consistent with the requirements for 
approvable section 111(d) state plans for MSW landfills.
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    \3\ Pages 16-26 of the TSD, Docket ID. NO. EPA-R06-OAR-2019-0306 
at www.regulations.gov.
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III. Proposed Action

    The EPA is proposing to approve revisions to the CAA section 111(d) 
Plan submitted by the NMED on May 25, 2017, to regulate landfill gas 
and its components, including methane, from existing MSW landfills in 
New Mexico, except for Albuquerque and Bernalillo County. We are also 
proposing to approve revisions to the CAA section

[[Page 29140]]

111(d) Plan submitted by the NMED on behalf of the Albuquerque-
Bernalillo County Air Quality Control Board on May 24, 2017, for 
existing MSW landfills in Albuquerque and Bernalillo County. Both Plans 
are submitted to implement and enforce the EG for existing MSW 
landfills. See 40 CFR part 60, subpart Cf. The scope of the proposed 
approval of the section 111(d) Plans 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.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference of the CAA 
section 111(d) Plan for New Mexico applicable to MSW landfills. In 
accordance with the requirements of 1 CFR 51.5, we are proposing to 
incorporate by reference revisions to the New Mexico regulations 
regarding MSW landfills and to Albuquerque-Bernalillo County Air 
Quality Control Board regulations regarding MSW landfills in 
Albuquerque and Bernalillo County, as described in the Proposed Action 
section of this preamble. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov, docket ID NO. EPA-R06-OAR-2019-0306 and in hard 
copy at the EPA Region 6 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 Act, the Administrator is required to approve submission 
of CAA section 111(d) state plans that comply with the provisions of 
the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40 CFR 
part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in 
reviewing CAA section 111(d) state plan submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the Act 
and implementing regulations. Accordingly, this 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 action:
     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) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because this action is not significant under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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 Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule for existing MSW landfills within 
the State of New Mexico (including Albuquerque-Bernalillo County) does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because the section 111(d) plan is not 
approved to apply in Indian country, as defined at 18 U.S.C. 1151, 
located in the state, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Municipal solid waste landfill, 
Intergovernmental relations, Methane, Reporting and recordkeeping 
requirements.

    Dated: June 17, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-13127 Filed 6-20-19; 8:45 am]
 BILLING CODE 6560-50-P
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