Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Oregon Department of Environmental Quality; Control of Emissions From Existing Municipal Solid Waste Landfills, 63447-63449 [2020-19886]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Rules and Regulations]
[Pages 63447-63449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19886]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R10-OAR-2020-0074; FRL-10011-40-Region 10]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Oregon Department of Environmental Quality; 
Control of Emissions From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a state plan submitted by the

[[Page 63448]]

Oregon Department of Environmental Quality (ODEQ). This state plan 
submittal pertains to the regulation of nonmethane organic compounds 
from existing municipal solid waste (MSW) landfills. This state plan 
was submitted in response to the EPA's promulgation of Emissions 
Guidelines and Compliance Times for MSW landfills. This action is being 
taken under the Clean Air Act (CAA).

DATES: This plan will be effective on November 9, 2020. The 
incorporation by reference of certain material listed in the rule is 
approved by the Director of the Federal Register as of November 9, 
2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2020-0074. 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 the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Geoffrey Glass (he/him), at (206) 553-
1847 or by email at [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On March 13, 2020 (85 FR 14621), the EPA proposed to approve a 
section 111(d) plan submitted by the ODEQ for existing municipal solid 
waste landfills. The submitted section 111(d) plan was in response to 
the August 29, 2016 promulgation of federal New Source Performance 
Standards and emission guidelines requirements for MSW landfills, 40 
CFR part 60, subparts XXX and Cf, respectively (81 FR 59332 and 81 FR 
59276). Included within the section 111(d) plan are regulations under 
the Oregon Administrative Rules at Chapter 340, Division 236 (OAR 340-
236-0500) entitled ``Solid Waste Landfills: Emission Standards for 
Municipal Solid Waste Landfills,'' amended on July 19, 2019.
    We proposed to approve this plan because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the plan and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, the EPA is approving the 
plan submitted by the ODEQ.

IV. Incorporation by Reference

    In accordance with the requirements of 1 CFR 51.5, the EPA is 
finalizing regulatory text that includes the incorporation by reference 
of OAR 340-236-0500 entitled ``Solid Waste Landfills: Emission 
Standards for Municipal Solid Waste Landfills'' amended on July 19, 
2019, which is part of the CAA section 111(d) plan applicable to 
existing MSW landfills in the state of Oregon as discussed in section I 
of this preamble. These regulatory provisions in the section 111(d) 
plan establish emission standards and compliance times for the control 
of nonmethane organic compounds from certain existing MSW landfills 
located in Oregon that commenced construction, modification, or 
reconstruction on or before July 17, 2014. These provisions set forth 
requirements meeting criteria promulgated by the EPA at 40 CFR part 60, 
subpart Cf. The EPA has made, and will continue to make, the entire 
Oregon state plan, generally available through www.regulations.gov, 
Docket No. EPA-R10-OAR-2020-0074, and through the EPA Region 10 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 plan is federally enforceable under the CAA as 
of the effective date of this final rulemaking.

V. Statutory and Executive Order Reviews

    In reviewing state plan submissions, the EPA's role is to approve 
state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     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, 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 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 approval of the ODEQ plan submittal for existing 
MSW landfills does not apply in Indian Country. Therefore, the state 
plan does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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

[[Page 63449]]

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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 7, 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 62

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

    Dated: September 1, 2020.
Christopher Hladick,
Regional Administrator, Region 10.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 as follows:

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

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

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

Subpart MM--Oregon

0
2. Revise Sec.  62.9350(b)(5) to read as follows:


Sec.  62.9350  Identification of plan.

* * * * *
    (b) * * *
    (5) Control of emissions from existing municipal solid waste 
landfills was submitted by Oregon Department of Environmental Quality 
on August 2, 2019, amending a plan previously submitted on May 14, 1997 
and approved by the EPA on June 26, 1998.
* * * * *

0
3. Revise Sec.  62.9510 to read as follows:


Sec.  62.9510  Identification of plan.

    (a) The plan for the control of emissions from existing municipal 
solid waste landfills, submitted by the Oregon Department of 
Environmental Quality on May 14, 1997, to implement the emission 
guideline of 40 CFR part 60, subpart Cc, applies to all existing MSW 
landfill facilities in Oregon meeting the requirements as stated in 
their State regulations.
    (b) The plan for the control of emissions from existing municipal 
solid waste landfills, submitted by the Oregon Department of 
Environmental Quality on August 2, 2019, to implement the emission 
guideline of 40 CFR part 60, subpart Cf, applies to all existing MSW 
landfill facilities in Oregon for which construction, reconstruction, 
or modification was commenced on or before July 17, 2014. The plan 
includes the regulatory provisions cited in paragraph (d)(2) of this 
section, which the EPA incorporates by reference.
    (c) After November 9, 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 Oregon must comply with the requirements in paragraph (b) 
of this section.
    (d)(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. You may obtain copies from the EPA 
Docket Center--Public Reading Room, EPA West Building, Room 3334, 1301 
Constitution Avenue NW, Washington, DC 20004 or U.S. EPA, Region 10 
office by calling 206-553-1200. The telephone number for the Public 
Reading Room is (202) 566-1744. You may inspect the material 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) State of Oregon, Secretary of State, Oregon Administrative 
Rules, https://secure.sos.state.or.us/oard/processLogin.action;
    (i) OAR 340-236-0500: Oregon Administrative Rules; Chapter 340, 
Oregon Department of Environmental Quality; Division 236, Emission 
Standards for Specific Industries; Rule 0500, Solid Waste Landfills: 
Emission Standards for Municipal Solid Waste Landfills, effective July 
19, 2019.
    (ii) [Reserved]

0
4. Add Sec.  62.9511 to read as follows:


Sec.  62.9511  Identification of sources.

    The plan in Sec.  62.9510(b) applies to all existing municipal 
solid waste landfills in the state of Oregon, excluding Indian Country, 
for which construction, reconstruction, or modification was commenced 
on or before July 17, 2014.

0
5. Add Sec.  62.9512 to read as follows:


Sec.  62.9512  Effective date.

    The effective date of the plan submitted on August 2, 2019 by the 
Oregon Department of Environmental Quality for municipal solid waste 
landfills is November 9, 2020.

[FR Doc. 2020-19886 Filed 10-7-20; 8:45 am]
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