Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Virginia; Emission Standards for Existing Municipal Solid Waste Landfills, 37568-37571 [2020-12001]
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37568
Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Rules and Regulations
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 CAA; and
• Does not provide 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
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. 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).
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 August 24, 2020. 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 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: May 12, 2020.
Mary Walker,
Regional Administrator, Region 4.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(e) is amended by
adding a new entry for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2010 1-hour SO2 NAAQS’’ at the end of
the table to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of
nonregulatory
SIP
provision
Applicable
geographic or
nonattainment
area
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2010 1hour SO2 NAAQS.
*
Georgia .............
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
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[EPA–R03–OAR–2019–0537; FRL–10004–
07–Region 3]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Virginia; Emission
Standards for Existing Municipal Solid
Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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*
1/9/2019
EPA approval date
Explanation
*
6/23/2020, .....................................
[Insert citation of publication] ........
*
*
Addressing Prongs 1 and 2 of
section 110(a)(2)(D)(i) only.
The Environmental Protection
Agency (EPA) is approving a Clean Air
Act (CAA) section 111(d) plan
submitted by the Virginia Department of
Environmental Quality (VADEQ). This
plan was submitted to fulfill the
requirements of the CAA and in
response to EPA’s promulgation of
Emissions Guidelines and Compliance
Times for municipal solid waste (MSW)
landfills. The Virginia plan establishes
emission limits for existing MSW
landfills and provides for the
implementation and enforcement of
those limits.
SUMMARY:
[FR Doc. 2020–10683 Filed 6–22–20; 8:45 am]
AGENCY:
State
submittal
date/effective
date
This final rule is effective on July
23, 2020. The incorporation by reference
of certain material listed in the rule is
DATES:
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approved by the Director of the Federal
Register as of July 23, 2020.
EPA has established a
docket for this action under Docket ID
Number EPA–EPA–R03–OAR–2019–
0537. All documents in the docket are
listed on the https://
www.regulations.gov 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 https://
www.regulations.gov, or please contact
ADDRESSES:
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the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Cynthia Stahl, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2180.
Ms. Stahl can also be reached via
electronic mail at stahl.cynthia@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 29, 2019 (84 FR 57838),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Virginia. In the
NPRM, EPA proposed approval of a
CAA section 111(d) plan submitted by
the VADEQ. The formal State Plan was
submitted by Virginia on August 29,
2019.
II. Summary of State Plan and EPA
Analysis
EPA has reviewed the Virginia section
111(d) plan submittal in the context of
the requirements of 40 CFR part 60,
subparts B and Cf, and part 62, subpart
A. In this action, EPA is determining
that the submitted section 111(d) plan
meets the above-cited requirements.
Included within the section 111(d) plan
are regulations under the Virginia state
rule 9VAC5 Chapter 40 Article 43.1,
entitled ‘‘Emission Standards for
Municipal Solid Waste Landfills for
which Construction, Reconstruction, or
Modification was Commenced on or
before July 17, 2014,’’ published on
January 9, 2017 and effective on
February 22, 2017. A detailed
explanation of the rationale behind this
proposed approval is available in the
Technical Support Document (TSD).
Other specific requirements of
Virginia’s State Plan for MSW landfills
and the rationale for EPA’s proposed
action are explained in the NPRM and
will not be restated here. Public
comments in support of EPA’s proposed
action were received on the NPRM.
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III. Final Action
EPA is approving the Virginia section
111(d) plan for MSW landfills submitted
pursuant to 40 CFR part 60, subpart Cf.
Therefore, EPA is amending 40 CFR part
62, subpart VV to reflect this action. The
scope of the approval of the section
111(d) plan is limited to the provisions
of 40 CFR parts 60 and 62 for existing
MSW landfills, as referenced in the
emission guidelines, subpart Cf. The
EPA Administrator continues to retain
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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 part 1,
‘‘Discretionary Authority,’’ of Virginia’s
111(d) plan submittal.
IV. General Information Pertaining to
111(d) Plan Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed. Virginia’s
legislation also provides, subject to
certain conditions, for a penalty waiver
for violations of environmental laws
when a regulated entity discovers such
violations pursuant to a voluntary
compliance evaluation and voluntarily
discloses such violations to the
Commonwealth and takes prompt and
appropriate measures to remedy the
violations. Virginia’s Voluntary
Environmental Assessment Privilege
Law, Va. Code Sec. 10.1–1198, provides
a privilege that protects from disclosure
documents and information about the
content of those documents that are the
product of a voluntary environmental
assessment. The Privilege Law does not
extend to documents or information
that: (1) Are generated or developed
before the commencement of a
voluntary environmental assessment; (2)
are prepared independently of the
assessment process; (3) demonstrate a
clear, imminent and substantial danger
to the public health or environment; or
(4) are required by law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
law, Va. Code Sec. 10.1–1198, precludes
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by Federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must ‘‘enforce
Federally authorized environmental
programs in a manner that is no less
stringent than their Federal
counterparts. . . .’’ The opinion
concludes that ‘‘[r]egarding § 10.1–1198,
therefore, documents or other
information needed for civil or criminal
enforcement under one of these
programs could not be privileged
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37569
because such documents and
information are essential to pursuing
enforcement in a manner required by
Federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a state agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any Federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.’’
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
CAA, including, for example, sections
113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state
plan, independently of any state
enforcement effort. In addition, citizen
enforcement under section 304 of the
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
V. Incorporation by Reference
In accordance with the requirements
of 1 CFR 51.5, EPA is finalizing
regulatory text that includes the
incorporation by reference of Virginia
state rules, specifically, 9VAC5–20–21,
published on January 9, 2017 entitled
‘‘Documents incorporated by reference’’
and specifically identified provisions of
9VAC5 Chapter 40 Article 43, entitled
‘‘Emission Standards for Municipal
Solid Waste Landfills, and Article 43.1,
entitled ‘‘Emission Standards for
Municipal Solid Waste Landfills for
which Construction, Reconstruction, or
Modification was Commenced on or
before July 17, 2014,’’ (both published
on January 9, 2017) which are part of
the CAA section 111(d) plan applicable
to existing MSW landfills in Virginia as
discussed in section II of this preamble.
9VAC5–20–21 sets out the constraints of
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Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Rules and Regulations
incorporation by reference into VA State
regulations and contains the documents
that have been IBRed. The regulatory
provisions of 9VAC5 Chapter 40
establish emission standards and
compliance times for the control of
methane and other organic compounds
from certain existing MSW landfills
located in Virginia that commenced
construction, modification, or
reconstruction on or before July 17,
2014. These provisions set forth
requirements meeting criteria
promulgated by EPA at 40 CFR part 60,
subpart Cf. EPA has made, and will
continue to make, all of the provisions
that will be incorporated by reference as
well as the rest of the Virginia plan,
generally available through
www.regulations.gov, Docket No. EPA–
R03–OAR–2019–0537, 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). This
incorporation by reference has been
approved by the Office of the Federal
Register and the Plans are Federally
enforceable under the CAA as of the
effective date of this final rulemaking.
VI. Statutory and Executive Order
Reviews
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A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve
section 111(d) state plan submissions
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,
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 action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 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.);
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• 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 CAA; 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 rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the State
Plan is not approved to apply in Indian
country located in the state, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law.
B. Submission to Congress and the
Comptroller General
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. 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).
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C. Petitions for 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 August 24, 2020. 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
approving Virginia’s State Plan for
existing MSW landfills 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, Landfills,
Incorporation by reference,
Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 27, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 62 is amended as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
2. Amend Subpart VV by adding after
§ 62.11652 an undesignated center
heading and §§ 62.11660, 62.11661, and
62.11662 to read as follows:
■
Emissions From Existing Municipal
Solid Waste Landfills—Section 111(d)
Plan
§ 62.11660
Identification of plan.
(a)(1) Control of landfill gas emissions
from existing municipal solid waste
landfills, submitted by the Virginia
Department of Environmental Quality
on August 29, 2019, to implement 40
CFR part 60, subpart Cf. The Plan
includes regulatory provisions cited in
paragraph (a)(2) of this section, which
the EPA incorporates by reference.
(2) After July 23, 2020, 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 Virginia must comply
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with the requirements in paragraph (b)
of this section.
(b) Incorporation by reference:
(1) 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. A copy of the material
is available at the EPA Region III office,
1650 Arch Street, Philadelphia, PA
19103, 215–814–5000. Copies may be
inspected at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, email fedreg.legal@
nara.gov or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(2) Virginia Code Commission,
Commonwealth of Virginia, Virginia
Register of Regulations, https://
register.dls.viriginia.gov.
(i) 9VAC5–20. General Provisions;
9VAC5–20–21. Documents incorporated
by reference, published January 9, 2017.
(ii) 9VAC5–40. Existing Stationary
Sources, published January 9, 2017:
(A) Article 43 Emission Standards for
Municipal Solid Waste Landfills (Rule
4–43), published January 9, 2017,
excluding 9 VAC5–40–5800F;
(B) Article 43.1 Emission Standards
for Municipal Solid Waste Landfills for
which Construction, Reconstruction, or
Modification was Commenced on or
before July 17, 2014 (Rule 4–43.1),
published January 9, 2017, excluding
9VAC5–40–5940, 9VAC5–40–5945,
9VAC5–40–5960 A, 9VAC5–40–5965 A,
9VAC5–40–5970 A, and 9VAC5–40–
5980 A.
§ 62.11661
Identification of sources.
The plan in § 62.11640(b) applies to
all existing municipal solid waste
landfills under the jurisdiction of the
Virginia Department of Environmental
Quality for which construction,
reconstruction, or modification was
commenced on or before July 17, 2014.
§ 62.11662
Effective date.
The effective date of the plan
submitted on August 29, 2019 by the
Virginia Department of Environmental
Quality for municipal solid waste
landfills is July 23, 2020.
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[FR Doc. 2020–12001 Filed 6–22–20; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1987–0002; FRL–10010–
09–Region 3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the First Piedmont Rock Quarry
(Route 719) Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region III is publishing a
direct final Notice of Deletion of the
First Piedmont Rock Quarry (Route 719)
Superfund Site (Site), located in
Pittsylvania County, Virginia, from the
National Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final deletion is being published by EPA
with the concurrence of the
Commonwealth of Virginia, through the
Virginia Department of Environmental
Quality (VDEQ), because EPA has
determined that all appropriate
response actions under CERCLA, other
than operation and maintenance (O&M),
monitoring, and five-year reviews, have
been completed. However, this deletion
does not preclude future actions under
Superfund.
DATES: This direct final rule is effective
August 24, 2020 unless EPA receives
adverse comments by July 23, 2020. If
adverse comments are received, EPA
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the deletion
will not take effect.
ADDRESSES: You may submit comments,
identified by Docket ID No. EPA–HQ–
SFUND–1987–0002, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). 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
SUMMARY:
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37571
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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
• Email: sorto.evelyn@epa.gov.
Include the Docket ID No. in the subject
line of the message.
• Written comments submitted by
mail are temporarily suspended and no
hand deliveries will be accepted. We
encourage the public to submit
comments via https://
www.regulations.gov.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–1987–
0002. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
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]]>Agencies
[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Rules and Regulations]
[Pages 37568-37571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12001]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2019-0537; FRL-10004-07-Region 3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Virginia; Emission Standards for 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 submitted by the Virginia Department
of Environmental Quality (VADEQ). This plan was submitted to fulfill
the requirements of the CAA and in response to EPA's promulgation of
Emissions Guidelines and Compliance Times for municipal solid waste
(MSW) landfills. The Virginia plan establishes emission limits for
existing MSW landfills and provides for the implementation and
enforcement of those limits.
DATES: This final rule is effective on July 23, 2020. The incorporation
by reference of certain material listed in the rule is approved by the
Director of the Federal Register as of July 23, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-EPA-R03-OAR-2019-0537. All documents in the docket are
listed on the https://www.regulations.gov 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 https://www.regulations.gov, or please
contact
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the person identified in the FOR FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT: Cynthia Stahl, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2180. Ms. Stahl can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 29, 2019 (84 FR 57838), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Virginia. In the
NPRM, EPA proposed approval of a CAA section 111(d) plan submitted by
the VADEQ. The formal State Plan was submitted by Virginia on August
29, 2019.
II. Summary of State Plan and EPA Analysis
EPA has reviewed the Virginia section 111(d) plan submittal in the
context of the requirements of 40 CFR part 60, subparts B and Cf, and
part 62, subpart A. In this action, EPA is determining that the
submitted section 111(d) plan meets the above-cited requirements.
Included within the section 111(d) plan are regulations under the
Virginia state rule 9VAC5 Chapter 40 Article 43.1, entitled ``Emission
Standards for Municipal Solid Waste Landfills for which Construction,
Reconstruction, or Modification was Commenced on or before July 17,
2014,'' published on January 9, 2017 and effective on February 22,
2017. A detailed explanation of the rationale behind this proposed
approval is available in the Technical Support Document (TSD).
Other specific requirements of Virginia's State Plan for MSW
landfills and the rationale for EPA's proposed action are explained in
the NPRM and will not be restated here. Public comments in support of
EPA's proposed action were received on the NPRM.
III. Final Action
EPA is approving the Virginia section 111(d) plan for MSW landfills
submitted pursuant to 40 CFR part 60, subpart Cf. Therefore, EPA is
amending 40 CFR part 62, subpart VV to reflect this action. The scope
of the approval of the section 111(d) plan is limited to the provisions
of 40 CFR parts 60 and 62 for existing MSW landfills, as referenced in
the emission guidelines, 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 part 1, ``Discretionary Authority,'' of Virginia's 111(d) plan
submittal.
IV. General Information Pertaining to 111(d) Plan Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
V. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, EPA is
finalizing regulatory text that includes the incorporation by reference
of Virginia state rules, specifically, 9VAC5-20-21, published on
January 9, 2017 entitled ``Documents incorporated by reference'' and
specifically identified provisions of 9VAC5 Chapter 40 Article 43,
entitled ``Emission Standards for Municipal Solid Waste Landfills, and
Article 43.1, entitled ``Emission Standards for Municipal Solid Waste
Landfills for which Construction, Reconstruction, or Modification was
Commenced on or before July 17, 2014,'' (both published on January 9,
2017) which are part of the CAA section 111(d) plan applicable to
existing MSW landfills in Virginia as discussed in section II of this
preamble. 9VAC5-20-21 sets out the constraints of
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incorporation by reference into VA State regulations and contains the
documents that have been IBRed. The regulatory provisions of 9VAC5
Chapter 40 establish emission standards and compliance times for the
control of methane and other organic compounds from certain existing
MSW landfills located in Virginia that commenced construction,
modification, or reconstruction on or before July 17, 2014. These
provisions set forth requirements meeting criteria promulgated by EPA
at 40 CFR part 60, subpart Cf. EPA has made, and will continue to make,
all of the provisions that will be incorporated by reference as well as
the rest of the Virginia plan, generally available through
www.regulations.gov, Docket No. EPA-R03-OAR-2019-0537, 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). This incorporation by reference has been approved by the
Office of the Federal Register and the Plans are Federally enforceable
under the CAA as of the effective date of this final rulemaking.
VI. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve
section 111(d) state plan submissions 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, 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 action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
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 CAA; 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the State Plan is not approved to apply in Indian country
located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
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. 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).
C. Petitions for 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 August 24, 2020. 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 approving Virginia's State Plan for existing MSW
landfills 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, Landfills,
Incorporation by reference, Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: May 27, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 62 is amended 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 VV--Virginia
0
2. Amend Subpart VV by adding after Sec. 62.11652 an undesignated
center heading and Sec. Sec. 62.11660, 62.11661, and 62.11662 to read
as follows:
Emissions From Existing Municipal Solid Waste Landfills--Section 111(d)
Plan
Sec. 62.11660 Identification of plan.
(a)(1) Control of landfill gas emissions from existing municipal
solid waste landfills, submitted by the Virginia Department of
Environmental Quality on August 29, 2019, to implement 40 CFR part 60,
subpart Cf. The Plan includes regulatory provisions cited in paragraph
(a)(2) of this section, which the EPA incorporates by reference.
(2) After July 23, 2020, 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 Virginia must comply
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with the requirements in paragraph (b) of this section.
(b) Incorporation by reference:
(1) 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. A copy of the material is available at
the EPA Region III office, 1650 Arch Street, Philadelphia, PA 19103,
215-814-5000. Copies may be inspected at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, email [email protected] or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
(2) Virginia Code Commission, Commonwealth of Virginia, Virginia
Register of Regulations, https://register.dls.viriginia.gov.
(i) 9VAC5-20. General Provisions; 9VAC5-20-21. Documents
incorporated by reference, published January 9, 2017.
(ii) 9VAC5-40. Existing Stationary Sources, published January 9,
2017:
(A) Article 43 Emission Standards for Municipal Solid Waste
Landfills (Rule 4-43), published January 9, 2017, excluding 9 VAC5-40-
5800F;
(B) Article 43.1 Emission Standards for Municipal Solid Waste
Landfills for which Construction, Reconstruction, or Modification was
Commenced on or before July 17, 2014 (Rule 4-43.1), published January
9, 2017, excluding 9VAC5-40-5940, 9VAC5-40-5945, 9VAC5-40-5960 A,
9VAC5-40-5965 A, 9VAC5-40-5970 A, and 9VAC5-40-5980 A.
Sec. 62.11661 Identification of sources.
The plan in Sec. 62.11640(b) applies to all existing municipal
solid waste landfills under the jurisdiction of the Virginia Department
of Environmental Quality for which construction, reconstruction, or
modification was commenced on or before July 17, 2014.
Sec. 62.11662 Effective date.
The effective date of the plan submitted on August 29, 2019 by the
Virginia Department of Environmental Quality for municipal solid waste
landfills is July 23, 2020.
[FR Doc. 2020-12001 Filed 6-22-20; 8:45 am]
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