Approval and Promulgation of State Plans for Designated Facilities; New York; Revision to Section 111(d) State Plan for MSW Landfills, 46989-46992 [2021-17292]
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued
County
citation
State
effective
date
Title/subject
Additional explanation
5–20–400 .......
Administrative Requirements.
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
5–20–500 .......
Monitoring and Records ..
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
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§ 52.122
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3. Section 52.122 is amended by
adding paragraph (a)(2)(ii) to read as
follows:
The August 5, 2020 version of section 5–20–400
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Storage and Loading
of Gasoline at Gasoline Dispensing Facilities
consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5–
20–400, and 5–20–500.
The August 5, 2020 version of section 5–20–500
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Storage and Loading
of Gasoline at Gasoline Dispensing Facilities
consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5–
20–400, and 5–20–500.
*
Negative declarations.
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(a) * * *
(2) * * *
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(ii) The following negative
declarations for the 2008 ozone NAAQS
were adopted on August 5, 2020 and
submitted on August 20, 2020.
*
EPA document No.
Title
EPA–450/2–77–037 ............
EPA 453/R–08–003 ............
Cutback Asphalt.
Miscellaneous Metal Parts Coatings Tables 3–6 Plastic Parts and Products; Automotive/Transportation and Business Machine Plastic Parts; Pleasure Craft Surface Coatings; Motor Vehicle Materials.
Control Techniques Guidelines for the Oil and Natural Gas Industry.
Major non CTG VOC sources.
Major NOX sources.
EPA 453/B–16–001 ............
N/A ......................................
N/A ......................................
§ 52.124
[Amended]
4. Section 52.124 is amended by
removing and reserving paragraph (b).
■
[FR Doc. 2021–16862 Filed 8–20–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R02–OAR–2020–0431, FRL–8851–02–
Region 2]
Approval and Promulgation of State
Plans for Designated Facilities; New
York; Revision to Section 111(d) State
Plan for MSW Landfills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
New York’s section 111(d) state plan
(the ‘‘State Plan’’) for Municipal Solid
Waste (MSW) landfills, pursuant to the
Clean Air Act (‘‘CAA’’ or the ‘‘Act’’).
The State Plan revision consists of
SUMMARY:
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EPA approval
date
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amendments to ‘‘Landfill Gas Collection
and Control Systems for Certain
Municipal Solid Waste Landfills,’’ as
well as attendant revisions to the
‘‘General Provisions.’’ New York has
implemented this regulation to
incorporate by reference the revised
Emission Guideline (EG) promulgated
by the EPA for existing MSW landfills
on August 29, 2016. The purpose of the
revised Emission Guideline is to reduce
emissions of landfill gas containing
Non-methane Organic Compounds
(NMOC) and methane by lowering the
emission threshold at which an existing
MSW landfill must install and operate
a Gas Collection and Control System
(GCCS). The emissions threshold
reduction will address air emissions
from all affected MSW landfills,
including NMOC and methane. The
reduction of emissions will improve air
quality and protect the public health
from exposure to landfill gas emissions.
This final rule is effective on
September 22, 2021. The incorporation
by reference of certain material listed in
the rule is approved by the Director of
DATES:
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the Federal Register September 22,
2021.
The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2020–0431. 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
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
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional available information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Fausto Taveras, Environmental
Protection Agency, Region 2, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3378, or by email at
Taveras.Fausto@epa.gov.
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section
is
arranged as follows:
I. What action is the EPA taking today?
II. What are the details of the EPA’s action?
III. What comments were received in
response to the EPA’s proposed action?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
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I. What action is the EPA taking today?
The EPA is approving the State of
New York’s revised section 111(d) state
plan for MSW landfills, for the purpose
of incorporating the adoption of Title 6
of the New York Codes, Rules, and
Regulations (NYCRR) Part 208. In a
letter dated December 11, 2019, the New
York State Department of
Environmental Conservation (NYSDEC),
on behalf of the State of New York,
submitted to the EPA a state plan
entitled, ‘‘Landfill Gas Collection and
Control Systems for Certain Municipal
Solid Waste Landfills,’’ which contains
a New York State-approved regulation
for the purpose of lowering the
emissions threshold within MSW
landfills through the installation of Gas
Collection and Control Systems (GCCS).
The State Plan incorporates by reference
the revised Emission Guidelines (EG)
codified at 40 CFR part 60 subpart Cf,
which applies to MSW landfills that
have accepted waste at any time since
November 8, 1987, and commenced
construction, reconstruction, or
modification on or before July 17, 2014.
In accordance with the CAA, New
York previously submitted a state plan
on October 8, 1998, which was
approved by the EPA on July 19, 1999.
See 64 FR 38582 (Jul. 19, 1999). New
York submitted a revised State Plan
dated December 11, 2019 to fulfill the
requirements of section 111(d) of the
Act. The EPA is approving New York’s
State Plan revision since it applies to
major sources of NMOC and methane
emissions. This approval, once finalized
and effective, will render New York’s
revised MSW rule federally enforceable.
II. What are the details of the EPA’s
action?
On March 12, 1996, the EPA
promulgated federal Emission
Guidelines (1996 EG), codified at 40
CFR part 60 subpart Cc, ‘‘Standards of
Performance for New Stationary Sources
and Guidelines for Control of Existing
Sources: Municipal Solid Waste
Landfills.’’ See 61 FR 9905 (Mar. 12,
1996). Under the 1996 EG, a state plan
must include the installation of a gas
collection and control system at each
MSW landfill that accepted waste after
November 8, 1987, has a design capacity
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greater than or equal to 2.5 million
Megagrams (Mg) and 2.5 million cubic
meters, and that emits NMOC at a rate
of 50 Mg per year or more. See 40 CFR
60.33c(b). In accordance with section
111 of the CAA, on September 24, 2001,
the NYSDEC promulgated 6 NYCRR Part
208, ‘‘Landfill Gas Collection and
Control Systems for Certain Municipal
Solid Waste Landfills,’’ in compliance
with the EPA’s federal EG for MSW
landfills, codified at 40 CFR part 60
subpart Cc.
Due to significant changes within the
landfill industry, such as increased
scientific understanding of landfill gas
emissions, changes in operation
practices, and an increase in the average
size and age of landfills, the EPA
determined that it was appropriate to
update the 1996 EG. As a result, on
August 29, 2016, the EPA promulgated
a revised EG, codified at 40 CFR part 60
subpart Cf, entitled, ‘‘Emission
Guidelines and Compliance Times for
Municipal Solid Waste Landfills.’’ See
81 FR 59275 (Aug. 29, 2016). The
revised EG updated the control
requirements, monitoring, reporting,
and recordkeeping provisions for
existing MSW landfill sources. The
revised EG is designed to significantly
reduce emissions of landfill gas
containing NMOC and methane by
further reducing the emissions
threshold at which a landfill must
install and operate a GCCS. In contrast
to the 1996 EG, the revised EG reduces
the threshold for installing a GCCS to 34
Mg/year of NMOC for active MSW
landfills. Meanwhile, closed MSW
landfills will retain the threshold of 50
Mg/year of NMOC for installing a GCCS.
In order to continue complying with the
Act and the newly adopted EG, on
August 5, 2019, New York adopted its
revised 6 NYCRR Part 208, ‘‘Landfill
Gas Collection and Control Systems for
Certain Municipal Solid Waste
Landfills,’’ and amended Part 200,
‘‘General Provisions,’’ with an effective
date of September 4, 2019. The purpose
of the revisions was to incorporate by
reference the revised EG for MSW
landfills promulgated at 40 CFR part 60
subpart Cf.
In its proposal (see 86 FR 11485 (Feb.
25, 2021)), the EPA evaluated New
York’s State Plan for compliance with
regulations at 40 CFR part 60 subpart Ba
governing the timing and completeness
requirements for the submission of state
plans. See 40 CFR 60.23a and 60.27a.
On August 26, 2019, the EPA finalized
a rule (referred to as the ‘‘Ba Rule’’) that
amended the EG codified at 40 CFR part
60 subpart Cf to incorporate these
subpart Ba timing and completeness
requirements. See 84 FR 44547 (Aug. 26,
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2019); 40 CFR 60.30f. However, on
January 19, 2021, the D.C. Circuit issued
a decision vacating these requirements
of subpart Ba, see Am. Lung Ass’n v.
EPA, 985 F.3d 914, 991–95, and the
court subsequently also vacated the Ba
Rule in an April 5, 2021 order, see
Environmental Defense Fund v. EPA,
No. 19–1222, Dkt. 1893133.
Accordingly, the review of New York’s
State Plan is no longer subject to the
timing and completeness requirements
of the Ba Rule, and the requirements of
40 CFR part 60 subpart B (sections 60.23
and 60.27) now apply instead.
The court’s vacatur of the Ba Rule
does not affect the approvability of New
York’s State Plan. First, the
completeness requirements of subpart
Ba evaluated at proposal no longer
apply, and New York’s State Plan meets
the applicable requirements of 40 CFR
60.23 and 60.27. Further, the vacatur
did not affect the substantive
requirements of the EG at 40 CFR part
60 subpart Cf.
III. What comments were received in
response to the EPA’s proposed action?
The EPA received four comments
during the 30-day public comment
period in response to its February 25,
2021 proposed approval of New York’s
State Plan revision. The specific
comments may be viewed under Docket
ID Number EPA–R02–OAR–2020–0431
on the https://www.regulations.gov
website. Two public comments, posted
on March 2, 2021 and March 26, 2021,
support the EPA’s proposed rulemaking
to approve New York’s revised State
Plan.
Two public comments, received on
March 28, 2021 and March 29, 2021,
were submitted by the New York
Chapter of the Solid Waste Association
of North America (SWANA–NY) and the
National Waste & Recycling Association
(NWRA). Both comments are
substantially similar and acknowledge
that New York’s State Plan was
submitted to the EPA on December 11,
2019. However, on March 26, 2020, the
EPA promulgated the National Emission
Standards for Hazardous Air Pollutants:
Municipal Solid Waste Landfills
Residual Risk and Technology Review
(NESHAP MSW RTTR) (85 FR 17244).
This final rule revised the most recent
MSW Landfill New Source Performance
Standards (NSPS) (see 40 CFR part 60
subpart XXX) and EG (subpart Cf) in
order to allow affected MSW landfills to
demonstrate compliance with the
‘‘major compliance provisions’’ of the
NESHAP (40 CFR part 63 subpart
AAAA) in lieu of complying with
analogous provisions in the NSPS and
EG. This revision permits affected MSW
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landfills to follow one set of operational,
compliance, monitoring, and reporting
provisions for pressure and temperature
measurements. The commenters state
that since New York’s State Plan
submittal predates the NESHAP MSW
RTTR, it does not incorporate the
NESHAP MSW RTTR. Both commenters
recommend that the approval of New
York’s State Plan be contingent on
including these changes.
The NESHAP MSW RTTR does not
require affected MSW landfills to
demonstrate compliance with the
‘‘major compliance provisions’’ of the
NESHAP AAAA in lieu of complying
with the NSPS (subpart XXX) and the
EG (subpart Cf). Instead, sources can,
depending on the circumstances,
demonstrate compliance through either
the NESHAP AAAA, the NSPS, or the
EG. With respect to the EG, the March
26, 2020 revisions to subpart Cf
permitted, but did not require, states to
adopt the updates provided in the rule
into their section 111(d) state plans.
Accordingly, New York’s State Plan is
approvable as submitted, despite the
fact that it predates the promulgation of
the NESHAP MSW RTTR, because it
meets all of the requirements of 40 CFR
part 60 subpart Cf.
This concludes our response to the
comments received. No changes have
been made to the proposed rule as a
result of the comments.
IV. What is the EPA’s conclusion?
The EPA has determined that New
York’s revised State Plan meets all the
applicable approval criteria as discussed
above and, therefore, the EPA is
approving New York State’s CAA
section 111(d) revised State Plan for
existing municipal solid waste landfills.
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V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the
incorporation by reference of the 6
NYCRR Part 208, ‘‘Landfill Gas
Collection and Control Systems for
Certain Municipal Solid Waste
Landfills,’’ regulation described in the
amendments to 40 CFR part 62 set forth
below. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov, Docket No. EPA–
R02–OAR–2020–0431 and in hard copy
at the EPA Region 2 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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VI. Statutory and Executive Order
Reviews
Pursuant to EPA regulations, the
Administrator may approve a plan or
any portion thereof upon a
determination that it meets sections
111(d) and 129 of the Act and
applicable regulations. See 40 CFR
62.02.
Accordingly, this action, once
finalized, would merely approve state
law that meets federal requirements,
and would not impose additional
requirements beyond those imposed by
state law. For that reason, this action,
once finalized:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735
(Oct. 4, 1993)); and Executive Order
13563 (76 FR 3821 (Jan. 21, 2011));
• Is not an Executive Order 13771 (82
FR 9339 (Feb. 3, 2017)) regulatory action
because section 111(d) plan approvals
are exempted 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 (Aug. 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 (Feb. 16, 1994)).
In addition, this rule is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
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46991
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications, and will not impose
substantial direct compliance costs on
tribal governments, or preempt tribal
law, as specified by Executive Order
13175 (65 FR 67249 (Nov. 9, 2000)).
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Landfills, Reporting and recordkeeping
requirements, Waste treatment and
disposal.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 6, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 62 as set
forth below:
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 HH—New York
2. Section 62.8104 is revised to read
as follows:
■
§ 62.8104
Identification of plan.
(a) Identification of plan. On
December 11, 2019, the New York State
Department of Environmental
Conservation (NYSDEC) submitted to
the Environmental Protection Agency
(EPA) a Clean Air Act revised section
111(d) state plan, to incorporate
revisions to Title 6 NYCRR Parts 208
and 200 for the implementation of 40
CFR part 60, subpart Cf, ‘‘Emissions
Guidelines for Municipal Solid Waste
Landfills.’’
(b) Identification of sources. The plan
applies to all existing municipal solid
waste landfills under the jurisdiction of
the New York State Department of
Environmental Conservation that have
accepted waste after November 8, 1987,
and began construction, reconstruction,
or modification on or prior to July 17,
2014, and have a design capacity
threshold of 2.5 million megagrams (Mg)
and 2.5 million cubic meters, as
described in 40 CFR 60 subpart Cf.
(c) Effective date. The effective date of
the plan for September 22, 2021.
(d) Incorporation by reference. (1) The
material incorporated by reference in
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this section was approved by the
Director of the Federal Register Office in
accordance with U.S.C. 552(a)(1) and 1
CFR part 51. The material is available
from the sources identified elsewhere in
this paragraph. It may be inspected or
obtained from the EPA Region 2 Office,
290 Broadway, 25th Floor, New York,
New York 10007–1866, 212–637–3378.
Copies may be inspected at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
email fr.inspection@nara.gov or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(2) State of New York, Department of
State, Albany, New York 12231; https://
dos.ny.gov/state-register.
(i) 6 NYCRR Part 208: Official
Compilation of (New York) Codes, Rules
and Regulations; Title 6—
Environmental Conservation; Part 208—
Landfill Gas Collection and Control
Systems for Certain Municipal Solid
Waste Landfills, effective September 4,
2019.
(ii) [Reserved]
[FR Doc. 2021–17292 Filed 8–20–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2020–0084; FRL–7810–02–
OAR]
RIN 2060–AU80
Protection of Stratospheric Ozone:
Extension of the Laboratory and
Analytical Use Exemption for Essential
Class I Ozone-Depleting Substances
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency is taking final action to revise
regulations governing the production
and import of class I ozone-depleting
substances in the United States to
indefinitely extend the global essential
laboratory and analytical use
exemption. This exemption currently
expires on December 31, 2021, and this
final action allows for continued
production and import of class I
substances in the United States solely
for laboratory and analytical uses that
have not been identified by the
Environmental Protection Agency as
nonessential. This final action is taken
under the Clean Air Act, and is
consistent with a decision by the Parties
to the Montreal Protocol on Substances
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SUMMARY:
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that Deplete the Ozone Layer to extend
the global laboratory and analytical use
exemption indefinitely beyond 2021.
The proposed rule associated with this
final action was published on August 7,
2020, and we received no adverse
comments.
This final rule is effective on
September 22, 2021.
DATES:
The Environmental
Protection Agency (EPA) has established
a docket for this action under Docket ID
No. EPA–HQ–OAR–2020–0084. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, e.g., Confidential Business
Information 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. All
other publicly available docket
materials are available electronically in
https://www.regulations.gov. Due to
public health concerns related to
COVID–19, the EPA Docket Center and
Reading Room are closed to the public
with limited exceptions. Our Docket
Center staff will continue to provide
remote customer service via email,
phone, and webform. For further
information on EPA Docket Center
services and the current status, please
visit us online at https://www.epa.gov/
dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Andy Chang, U.S. Environmental
Protection Agency, Stratospheric
Protection Division, telephone number:
202–564–6658; or email address:
chang.andy@epa.gov. You may also visit
our website at https://www.epa.gov/odsphaseout/phaseout-exemptionslaboratory-and-analytical-uses for
further information.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is the background for this action?
A. What is the Agency’s authority for this
final action?
B. Summary of EPA’s Proposed
Rulemaking and Public Comments
C. Potentially Impacted Entities
D. Background of the Laboratory and
Analytical Use Exemption
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
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I. What is the background for this
action?
A. What is the Agency’s authority for
this final action?
The Clean Air Act (CAA) provides
EPA the authority to implement the
Montreal Protocol on Substances that
Deplete the Ozone Layer’s (Montreal
Protocol’s) phaseout schedules for
ozone-depleting substances (ODS) in the
United States. Relevant to this
rulemaking, CAA section 604 requires
EPA to issue regulations phasing out
production and consumption of class I 1
ODS according to a prescribed schedule;
our phaseout regulations for class I ODS
are codified at 40 CFR part 82, subpart
A.
B. Summary of EPA’s Proposed
Rulemaking and Public Comments
EPA’s August 7, 2020, proposed
rulemaking (see 85 FR 47940) sought to
align a provision in EPA’s regulations
governing the production and import of
class I ODS regarding the essential
laboratory and analytical use exemption
(referred to hereafter as the ‘‘L&A
exemption’’) with a recent decision
taken by the Parties to the Montreal
Protocol to extend the global L&A
exemption indefinitely.2 In the United
States, laboratory distributors currently
supply around 1,000 laboratories, and
consumption 3 for laboratory use was
approximately 4.4 ODP-weighted metric
tons in 2018 under the L&A exemption 4
and 4.2 ODP-weighted metric tons in
2019 under the L&A exemption.5 The
global L&A exemption is implemented
domestically through EPA’s regulations
at 40 CFR part 82, subpart A and the
current exemption is in effect in the
United States through December 31,
2021. In the proposed rulemaking (85
FR 47940), EPA proposed to remove the
1 Under the CAA, certain ODS are classified as
‘‘class I’’ substances. Class I substances are listed in
Appendix A to 40 CFR part 82, subpart A.
2 Decision XXXI/5: Laboratory and Analytical
Uses, available online at: https://ozone.unep.org/
treaties/montreal-protocol/meetings/thirty-firstmeeting-parties/decisions/decision-xxxi5.
3 Consumption is defined in § 82.3 as ‘‘production
plus imports minus exports of a controlled
substance (other than transhipments, or used
controlled substances).’’
4 These 2018 data are available in the docket to
this rule as well as on the Montreal Protocol’s
Ozone Secretariat’s Data Centre web page: https://
ozone.unep.org/countries/data-table.
5 At the time of publication for the proposed
rulemaking, the 2019 data were not yet available,
but can now be found on the Montreal Protocol’s
Ozone Secretariat’s Data Centre web page: https://
ozone.unep.org/countries/data-table. Data specific
to the United States’ amounts consumed for
laboratory and analytical uses, including 2019 data,
can be found on this web page: https://
ozone.unep.org/countries/profile/usa. These data
have been added to the docket for this rulemaking.
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46989-46992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17292]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R02-OAR-2020-0431, FRL-8851-02-Region 2]
Approval and Promulgation of State Plans for Designated
Facilities; New York; Revision to Section 111(d) State Plan for MSW
Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to New York's section 111(d) state plan (the ``State Plan'')
for Municipal Solid Waste (MSW) landfills, pursuant to the Clean Air
Act (``CAA'' or the ``Act''). The State Plan revision consists of
amendments to ``Landfill Gas Collection and Control Systems for Certain
Municipal Solid Waste Landfills,'' as well as attendant revisions to
the ``General Provisions.'' New York has implemented this regulation to
incorporate by reference the revised Emission Guideline (EG)
promulgated by the EPA for existing MSW landfills on August 29, 2016.
The purpose of the revised Emission Guideline is to reduce emissions of
landfill gas containing Non-methane Organic Compounds (NMOC) and
methane by lowering the emission threshold at which an existing MSW
landfill must install and operate a Gas Collection and Control System
(GCCS). The emissions threshold reduction will address air emissions
from all affected MSW landfills, including NMOC and methane. The
reduction of emissions will improve air quality and protect the public
health from exposure to landfill gas emissions.
DATES: This final rule is effective on September 22, 2021. The
incorporation by reference of certain material listed in the rule is
approved by the Director of the Federal Register September 22, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R02-OAR-2020-0431. 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 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 www.regulations.gov, or please contact the person
identified in the For Further Information Contact section for
additional available information.
FOR FURTHER INFORMATION CONTACT:
Fausto Taveras, Environmental Protection Agency, Region 2, 290
Broadway, New York, New York 10007-1866, at (212) 637-3378, or by email
at [email protected].
[[Page 46990]]
SUPPLEMENTARY INFORMATION: The Supplementary Information section is
arranged as follows:
I. What action is the EPA taking today?
II. What are the details of the EPA's action?
III. What comments were received in response to the EPA's proposed
action?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What action is the EPA taking today?
The EPA is approving the State of New York's revised section 111(d)
state plan for MSW landfills, for the purpose of incorporating the
adoption of Title 6 of the New York Codes, Rules, and Regulations
(NYCRR) Part 208. In a letter dated December 11, 2019, the New York
State Department of Environmental Conservation (NYSDEC), on behalf of
the State of New York, submitted to the EPA a state plan entitled,
``Landfill Gas Collection and Control Systems for Certain Municipal
Solid Waste Landfills,'' which contains a New York State-approved
regulation for the purpose of lowering the emissions threshold within
MSW landfills through the installation of Gas Collection and Control
Systems (GCCS). The State Plan incorporates by reference the revised
Emission Guidelines (EG) codified at 40 CFR part 60 subpart Cf, which
applies to MSW landfills that have accepted waste at any time since
November 8, 1987, and commenced construction, reconstruction, or
modification on or before July 17, 2014.
In accordance with the CAA, New York previously submitted a state
plan on October 8, 1998, which was approved by the EPA on July 19,
1999. See 64 FR 38582 (Jul. 19, 1999). New York submitted a revised
State Plan dated December 11, 2019 to fulfill the requirements of
section 111(d) of the Act. The EPA is approving New York's State Plan
revision since it applies to major sources of NMOC and methane
emissions. This approval, once finalized and effective, will render New
York's revised MSW rule federally enforceable.
II. What are the details of the EPA's action?
On March 12, 1996, the EPA promulgated federal Emission Guidelines
(1996 EG), codified at 40 CFR part 60 subpart Cc, ``Standards of
Performance for New Stationary Sources and Guidelines for Control of
Existing Sources: Municipal Solid Waste Landfills.'' See 61 FR 9905
(Mar. 12, 1996). Under the 1996 EG, a state plan must include the
installation of a gas collection and control system at each MSW
landfill that accepted waste after November 8, 1987, has a design
capacity greater than or equal to 2.5 million Megagrams (Mg) and 2.5
million cubic meters, and that emits NMOC at a rate of 50 Mg per year
or more. See 40 CFR 60.33c(b). In accordance with section 111 of the
CAA, on September 24, 2001, the NYSDEC promulgated 6 NYCRR Part 208,
``Landfill Gas Collection and Control Systems for Certain Municipal
Solid Waste Landfills,'' in compliance with the EPA's federal EG for
MSW landfills, codified at 40 CFR part 60 subpart Cc.
Due to significant changes within the landfill industry, such as
increased scientific understanding of landfill gas emissions, changes
in operation practices, and an increase in the average size and age of
landfills, the EPA determined that it was appropriate to update the
1996 EG. As a result, on August 29, 2016, the EPA promulgated a revised
EG, codified at 40 CFR part 60 subpart Cf, entitled, ``Emission
Guidelines and Compliance Times for Municipal Solid Waste Landfills.''
See 81 FR 59275 (Aug. 29, 2016). The revised EG updated the control
requirements, monitoring, reporting, and recordkeeping provisions for
existing MSW landfill sources. The revised EG is designed to
significantly reduce emissions of landfill gas containing NMOC and
methane by further reducing the emissions threshold at which a landfill
must install and operate a GCCS. In contrast to the 1996 EG, the
revised EG reduces the threshold for installing a GCCS to 34 Mg/year of
NMOC for active MSW landfills. Meanwhile, closed MSW landfills will
retain the threshold of 50 Mg/year of NMOC for installing a GCCS. In
order to continue complying with the Act and the newly adopted EG, on
August 5, 2019, New York adopted its revised 6 NYCRR Part 208,
``Landfill Gas Collection and Control Systems for Certain Municipal
Solid Waste Landfills,'' and amended Part 200, ``General Provisions,''
with an effective date of September 4, 2019. The purpose of the
revisions was to incorporate by reference the revised EG for MSW
landfills promulgated at 40 CFR part 60 subpart Cf.
In its proposal (see 86 FR 11485 (Feb. 25, 2021)), the EPA
evaluated New York's State Plan for compliance with regulations at 40
CFR part 60 subpart Ba governing the timing and completeness
requirements for the submission of state plans. See 40 CFR 60.23a and
60.27a. On August 26, 2019, the EPA finalized a rule (referred to as
the ``Ba Rule'') that amended the EG codified at 40 CFR part 60 subpart
Cf to incorporate these subpart Ba timing and completeness
requirements. See 84 FR 44547 (Aug. 26, 2019); 40 CFR 60.30f. However,
on January 19, 2021, the D.C. Circuit issued a decision vacating these
requirements of subpart Ba, see Am. Lung Ass'n v. EPA, 985 F.3d 914,
991-95, and the court subsequently also vacated the Ba Rule in an April
5, 2021 order, see Environmental Defense Fund v. EPA, No. 19-1222, Dkt.
1893133. Accordingly, the review of New York's State Plan is no longer
subject to the timing and completeness requirements of the Ba Rule, and
the requirements of 40 CFR part 60 subpart B (sections 60.23 and 60.27)
now apply instead.
The court's vacatur of the Ba Rule does not affect the
approvability of New York's State Plan. First, the completeness
requirements of subpart Ba evaluated at proposal no longer apply, and
New York's State Plan meets the applicable requirements of 40 CFR 60.23
and 60.27. Further, the vacatur did not affect the substantive
requirements of the EG at 40 CFR part 60 subpart Cf.
III. What comments were received in response to the EPA's proposed
action?
The EPA received four comments during the 30-day public comment
period in response to its February 25, 2021 proposed approval of New
York's State Plan revision. The specific comments may be viewed under
Docket ID Number EPA-R02-OAR-2020-0431 on the https://www.regulations.gov website. Two public comments, posted on March 2,
2021 and March 26, 2021, support the EPA's proposed rulemaking to
approve New York's revised State Plan.
Two public comments, received on March 28, 2021 and March 29, 2021,
were submitted by the New York Chapter of the Solid Waste Association
of North America (SWANA-NY) and the National Waste & Recycling
Association (NWRA). Both comments are substantially similar and
acknowledge that New York's State Plan was submitted to the EPA on
December 11, 2019. However, on March 26, 2020, the EPA promulgated the
National Emission Standards for Hazardous Air Pollutants: Municipal
Solid Waste Landfills Residual Risk and Technology Review (NESHAP MSW
RTTR) (85 FR 17244). This final rule revised the most recent MSW
Landfill New Source Performance Standards (NSPS) (see 40 CFR part 60
subpart XXX) and EG (subpart Cf) in order to allow affected MSW
landfills to demonstrate compliance with the ``major compliance
provisions'' of the NESHAP (40 CFR part 63 subpart AAAA) in lieu of
complying with analogous provisions in the NSPS and EG. This revision
permits affected MSW
[[Page 46991]]
landfills to follow one set of operational, compliance, monitoring, and
reporting provisions for pressure and temperature measurements. The
commenters state that since New York's State Plan submittal predates
the NESHAP MSW RTTR, it does not incorporate the NESHAP MSW RTTR. Both
commenters recommend that the approval of New York's State Plan be
contingent on including these changes.
The NESHAP MSW RTTR does not require affected MSW landfills to
demonstrate compliance with the ``major compliance provisions'' of the
NESHAP AAAA in lieu of complying with the NSPS (subpart XXX) and the EG
(subpart Cf). Instead, sources can, depending on the circumstances,
demonstrate compliance through either the NESHAP AAAA, the NSPS, or the
EG. With respect to the EG, the March 26, 2020 revisions to subpart Cf
permitted, but did not require, states to adopt the updates provided in
the rule into their section 111(d) state plans. Accordingly, New York's
State Plan is approvable as submitted, despite the fact that it
predates the promulgation of the NESHAP MSW RTTR, because it meets all
of the requirements of 40 CFR part 60 subpart Cf.
This concludes our response to the comments received. No changes
have been made to the proposed rule as a result of the comments.
IV. What is the EPA's conclusion?
The EPA has determined that New York's revised State Plan meets all
the applicable approval criteria as discussed above and, therefore, the
EPA is approving New York State's CAA section 111(d) revised State Plan
for existing municipal solid waste landfills.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the 6 NYCRR Part 208, ``Landfill Gas Collection and
Control Systems for Certain Municipal Solid Waste Landfills,''
regulation described in the amendments to 40 CFR part 62 set forth
below. The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov, Docket No. EPA-R02-
OAR-2020-0431 and in hard copy at the EPA Region 2 Office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information).
VI. Statutory and Executive Order Reviews
Pursuant to EPA regulations, the Administrator may approve a plan
or any portion thereof upon a determination that it meets sections
111(d) and 129 of the Act and applicable regulations. See 40 CFR 62.02.
Accordingly, this action, once finalized, would merely approve
state law that meets federal requirements, and would not impose
additional requirements beyond those imposed by state law. For that
reason, this action, once finalized:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735 (Oct. 4, 1993)); and Executive Order 13563 (76 FR
3821 (Jan. 21, 2011));
Is not an Executive Order 13771 (82 FR 9339 (Feb. 3,
2017)) regulatory action because section 111(d) plan approvals are
exempted 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 (Aug. 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 (Feb. 16, 1994)).
In addition, this rule is not approved to apply on any Indian
reservation land or in any other area where the 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, and will
not impose substantial direct compliance costs on tribal governments,
or preempt tribal law, as specified by Executive Order 13175 (65 FR
67249 (Nov. 9, 2000)).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Landfills, Reporting and recordkeeping requirements, Waste
treatment and disposal.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 6, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as set forth below:
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 HH--New York
0
2. Section 62.8104 is revised to read as follows:
Sec. 62.8104 Identification of plan.
(a) Identification of plan. On December 11, 2019, the New York
State Department of Environmental Conservation (NYSDEC) submitted to
the Environmental Protection Agency (EPA) a Clean Air Act revised
section 111(d) state plan, to incorporate revisions to Title 6 NYCRR
Parts 208 and 200 for the implementation of 40 CFR part 60, subpart Cf,
``Emissions Guidelines for Municipal Solid Waste Landfills.''
(b) Identification of sources. The plan applies to all existing
municipal solid waste landfills under the jurisdiction of the New York
State Department of Environmental Conservation that have accepted waste
after November 8, 1987, and began construction, reconstruction, or
modification on or prior to July 17, 2014, and have a design capacity
threshold of 2.5 million megagrams (Mg) and 2.5 million cubic meters,
as described in 40 CFR 60 subpart Cf.
(c) Effective date. The effective date of the plan for September
22, 2021.
(d) Incorporation by reference. (1) The material incorporated by
reference in
[[Page 46992]]
this section was approved by the Director of the Federal Register
Office in accordance with U.S.C. 552(a)(1) and 1 CFR part 51. The
material is available from the sources identified elsewhere in this
paragraph. It may be inspected or obtained from the EPA Region 2
Office, 290 Broadway, 25th Floor, New York, New York 10007-1866, 212-
637-3378. 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) State of New York, Department of State, Albany, New York 12231;
https://dos.ny.gov/state-register.
(i) 6 NYCRR Part 208: Official Compilation of (New York) Codes,
Rules and Regulations; Title 6--Environmental Conservation; Part 208--
Landfill Gas Collection and Control Systems for Certain Municipal Solid
Waste Landfills, effective September 4, 2019.
(ii) [Reserved]
[FR Doc. 2021-17292 Filed 8-20-21; 8:45 am]
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