National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual Risk and Technology Review; Correction, 8197-8205 [2022-02654]

Download as PDF Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations § 28.25 [Amended] 15. In § 28.25, in paragraph (a), remove ‘‘Office of Administrative Law Judges’’ and add in its place ‘‘Office of Hearings and Appeals’’. ■ PART 30—CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT 16. The authority citation for part 30 continues to read as follows: ■ 17. In part 30, remove ‘‘Office of Administrative Law Judges’’ and add in its place ‘‘Office of Hearings and Appeals’’ wherever it appears. ■ PART 81—THE SECRETARY OF HUD’S REGULATION OF THE FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE) AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION (FREDDIE MAC) 19. In part 81, remove ‘‘Office of Administrative Law Judges’’ and add in its place ‘‘Office of Hearings and Appeals’’ wherever it appears. ■ PART 103—FAIR HOUSING— COMPLAINT PROCESSING 20. The authority citation for part 103 continues to read as follows: Authority: 42 U.S.C. 3535(d), 3600–3619. PART 103—[Amended] 21. In part 103, remove ‘‘Office of Administrative Law Judges’’ and add in its place ‘‘Office of Hearings and Appeals’’ wherever it appears. ■ PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS 22. The authority citation for part 180 continues to read as follows: ■ Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 42 U.S.C. 2000d–1, 3535(d), 3601–3619, 5301–5320, and 6103. jspears on DSK121TN23PROD with RULES1 [Amended] 25. In § 570.496, in paragraph (d)(1)(iii), remove ‘‘Office of Administrative Law Judges’’ and add in its place ‘‘Office of Hearings and Appeals’’ wherever it appears. Dated: February 8th, 2022. Marcia L. Fudge, Secretary. [FR Doc. 2022–03007 Filed 2–11–22; 8:45 am] BILLING CODE 4210–67–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60, 62, and 63 National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual Risk and Technology Review; Correction Environmental Protection Agency (EPA) ACTION: Final rule. AGENCY: In this action, the U.S. Environmental Protection Agency (EPA) is finalizing technical revisions and clarifications for the national emission standards for hazardous air pollutants (NESHAP) for MSW Landfills established in the March 26, 2020, final rule. This final rule also amends the MSW Landfills NSPS at 40 CFR part 60, subpart XXX, to clarify and align the timing of compliance for certain requirements involving installation of a gas collection and control system (GCCS) under related MSW landfill rules. Additionally, the EPA is revising the definition of Administrator in the MSW Landfills Federal Plan that was promulgated on May 21, 2021 to clarify who has the authority to implement and enforce the applicable requirements. The EPA is also making some minor typographical corrections. DATES: The final rule is effective February 14, 2022. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2002–0047. All documents in the docket are listed on the https://www.regulations.gov/ SUMMARY: ■ 23. In part 180: a. Remove ‘‘Director of the Office of Hearings and Appeals’’ and add in its place ‘‘Chief Administrative Law Judge’’ wherever it appears; and ■ b. Remove ‘‘Office of ALJs’’ and add in its place ‘‘Office of Hearings and Appeals’’ wherever it appears. Jkt 256001 § 570.496 RIN 2060–AV01 Authority: 12 U.S.C. 1451 et seq., 1716– 1723h, and 4501–4641; 28 U.S.C. 2461 note; 42 U.S.C. 3535(d) and 3601–3619. 16:05 Feb 11, 2022 Authority: 12 U.S.C. 1701x, 1701 x–1; 42 U.S.C. 3535(d) and 5301–5320. [EPA–HQ–OAR–2002–0047; FRL–6838.1– 03–OAR] 18. The authority citation for part 81 continues to read as follows: ■ VerDate Sep<11>2014 24. The authority citation for part 570 continues to read as follows: ■ ■ Authority: 12 U.S.C. 1701q–1, 1703, 1723i, 1735f–14, and 1735f–15; 15 U.S.C. 1717a; 28 U.S.C. 1 note and 2461 note; 42 U.S.C. 1437z–1 and 3535(d). ■ ■ PART 570—COMMUNITY DEVELOPMENT BLOCK GRANTS PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 8197 website. Although listed, 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 either electronically through https://www.regulations.gov/ or in hard copy at the EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC. The EPA has temporarily suspended its Docket Center and Reading Room for public visitors to reduce the risk of transmitting COVID– 19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. The EPA continues to carefully and continuously monitor information from the Centers for Disease Control (CDC), local area health departments, and our Federal partners so that the EPA can respond rapidly as conditions change regarding COVID–19. For further information on EPA Docket Center services and the current status, please visit the docket online at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For questions about this final action, contact Andy Sheppard, Sector Policies and Programs Division (E143–03), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 4161; fax number: (919) 541–0516; and email address: sheppard.andy@epa.gov. SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations. The EPA uses multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: CAA Clean Air Act CBI Confidential Business Information CFR Code of Federal Regulations COVID–19 coronavirus disease of 2019 EPA Environmental Protection Agency GCCS gas collection and control system HAP hazardous air pollutants m3 cubic meter Mg megagram MSW municipal solid waste NMOC nonmethane organic compounds NSPS new source performance standards NTTAA National Technology Transfer and Advancement Act OMB Office of Management and Budget PRA Paperwork Reduction Act RFA Regulatory Flexibility Act RTR risk and technology review SSM startup, shutdown, and malfunction E:\FR\FM\14FER1.SGM 14FER1 8198 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations RIN Regulatory Information Number UMRA Unfunded Mandate Reform Act F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act (CRA) Organization of this document. The information in this preamble is organized as follows: I. General Information A. Does this final action apply to me? B. Where can I get a copy of this document and other related information? C. What is the statutory authority for this action? D. Judicial Review II. Background A. What is the regulatory development background for this final action? B. What is the purpose of this action? III. Summary of Changes Since Proposal and Response to Comments A. Wellhead Monitoring B. Compliance Timing C. Technical and Typographical Corrections IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism I. General Information A. Does this action apply to me? Table 1 of this preamble lists the associated regulated industrial source categories that are the subject of this final rule. Table 1 is not intended to be exhaustive, but rather provides a guide for readers regarding the entities that this action is likely to affect. The standards, once promulgated, will be directly applicable to the affected sources. Federal, state, local, and tribal government entities could be affected by this action because these entities are often the owners or operators of MSW landfills. As defined in the Initial List of Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990 (57 FR 31576, July 16, 1992) and Documentation for Developing the Initial Source Category List, Final Report (see EPA–450/3–91– 030; July 1992), the MSW Landfills source category is any facility that is an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive commercial waste, sludges, and industrial waste. An MSW landfill may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes (see 40 CFR 257.2) such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. Questions regarding the applicability of this final action to a particular entity should be directed to the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. TABLE 1—INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS ACTION NAICS code 1 Source category Industry: Air and water resource and solid waste management ................................................................................................... Industry: Refuse systems—solid waste landfills ........................................................................................................................... State, local, and tribal government agencies ................................................................................................................................ 1 North American Industry Classification System. B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this action is available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this final action at https://www.epa.gov/stationarysources-air-pollution/municipal-solidwaste-landfills-national-emissionstandards. Following publication in the Federal Register, the EPA will post the Federal Register version of this final action at this same website. C. What is the statutory authority for this action? jspears on DSK121TN23PROD with RULES1 924110 562212 562212, 924110 The statutory authority for revisions to the MSW Landfills NESHAP (40 CFR part 63, subpart AAAA) is provided by sections 112 and 301 of the Clean Air Act (CAA), as amended (42 U.S.C. 7412 and 7401). The statutory authority for revisions to the MSW Landfills New Source Performance Standards (40 CFR VerDate Sep<11>2014 16:05 Feb 11, 2022 Jkt 256001 part 60, subpart XXX) and the Federal Plan (40 CFR part 62, subpart OOO) is provided by sections 111 and 301 of the CAA (42 U.S.C. 7411 and 7401). The EPA finds that it has good cause to make these revisions immediately effective upon publication under section 553(d) of the Administrative Procedure Act, 5 U.S.C. 553(d). Section 553(d) provides that final rules shall not become effective until 30 days after publication in the Federal Register ‘‘except . . . as otherwise provided by the agency for good cause.’’ The purpose of this provision is to ‘‘give affected parties a reasonable time to adjust their behavior before the final rule takes effect.’’ Omnipoint Corp. v. Fed. Commc’n Comm’n, 78 F.3d 620, 630 (DC Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative history). Thus, in determining whether good cause exists to waive the 30-day delay, an agency should, ‘‘balance the necessity for immediate implementation against principles of fundamental fairness PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling.’’ Gavrilovic, 551 F.2d at 1105. The EPA has determined that there is good cause under section 553(d) for making this final rule effective immediately because this action clarifies the regulatory provisions that already apply to regulatory sources as well as the compliance deadline for controlled landfills that become subject to the 2016 MSW Landfills NSPS through modification is September 27, 2021. Making this rule effective immediately upon publication will minimize confusion and increase compliance certainty. D. Judicial Review Under CAA section 307(b)(1), judicial review of this final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by April 15, 2022. Moreover, under section 307(b)(2) of the CAA, the requirements established by E:\FR\FM\14FER1.SGM 14FER1 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce these requirements. Section 307(d)(7)(B) of the CAA further provides that ‘‘[o]nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review.’’ This section also provides a mechanism for the EPA to convene a proceeding for reconsideration, ‘‘[i]f the person raising an objection can demonstrate to the EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment, (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.’’ Any person seeking to make such a demonstration should submit a Petition for Reconsideration to the Office of the Administrator, U.S. EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both the person listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460. jspears on DSK121TN23PROD with RULES1 II. Background A. What is the regulatory development background and legal authority for this action? The NESHAP regulates HAP emissions from MSW landfills that are either major or area sources, and applies to MSW landfills that have accepted waste since November 8, 1987, or have additional capacity for waste deposition and are major sources, are collocated with major sources, or are area source landfills with a design capacity equal to or greater than 2.5 million megagrams (Mg) and 2.5 million cubic meters (m3) and have estimated uncontrolled emissions equal to or greater than 50 megagrams per year (Mg/yr) of nonmethane organic compounds (NMOC). The NESHAP also applies to MSW landfills that have accepted waste since November 8, 1987, or have additional capacity for waste deposition and include a bioreactor and are major sources, are collocated with major sources, or are area source landfills with a design capacity equal to or greater than 2.5 million Mg and 2.5 million m3 that were not permanently closed as of January 16, 2003. VerDate Sep<11>2014 16:05 Feb 11, 2022 Jkt 256001 The EPA completed the residual risk and technology review (RTR) for the Municipal Solid Waste (MSW) Landfills source category as regulated under the MSW Landfills NESHAP and promulgated amendments to 40 CFR part 63, subpart AAAA on March 26, 2020. (85 FR 17244). The rule finalized the EPA’s determination that risks from this source category are acceptable and that the standards provide an ample margin of safety to protect public health and prevent an adverse environmental effect. There were no revisions to the NESHAP based on our analyses conducted under CAA section 112(f). However, the final rule clarified regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM); revised wellhead operational standards and corrective action to improve effectiveness and provide compliance flexibility; incorporated provisions from the MSW Landfills NSPS; and added requirements for electronic reporting of performance test results. The EPA subsequently corrected inadvertent errors in the cross-referencing and formatting of the final rule and made minor clarifications to the operational and reporting requirements. (85 FR 64398, October 13, 2020). In August 2016, the EPA finalized changes to the NSPS for MSW landfills resulting from the EPA’s under Clean Air Act (CAA) section 111. In order to avoid possible confusion regarding which MSW landfills would actually be subject to these changes, the EPA established a new subpart XXX (40 CFR part 60, subpart XXX) rather than merely updating the existing subpart WWW (40 CFR part 60, subpart WWW). One of the key changes in the new subpart XXX was the lowering of the emissions threshold for installing controls from 50 megagrams per year (Mg/yr) to 34 Mg/yr. (81 FR 59332, August 29, 2016). At the same time, the EPA reviewed the existing emission guideline (EG) (subpart Cc) and determined it was appropriate to revise it consistent with the promulgation of the new NSPS subpart XXX. Rather than merely updating subpart Cc, the EPA determined that the most appropriate way to proceed was to establish a new subpart Cf. (81 FR 59276, August 29, 2016). The promulgation of the MSW landfills EG (subpart Cf) triggered states’ obligation to submit state plans applying the updated EG to existing sources located in their states. The EPA found a number of states failed to submit state plans for the 2016 MSW Landfills EG. (85 FR 14474, March 12, PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 8199 2020). In May of 2021, the EPA promulgated a Federal plan to implement the 2016 MSW Landfills EG for existing MSW landfills located in jurisdications where the EPA had not approved a state or tribal plan. (86 FR 27756, May 21, 2021). B. What is the purpose of this action? On April 13, 2021, the EPA proposed technical revisions and clarifications for the NESHAP for MSW Landfills and the EPA proposed clarifying amendments to the MSW Landfills NSPS. See 86 FR 19176. In this action, the EPA finalizes technical revisions and clarifications for the NESHAP for MSW Landfills established in the March 26, 2020, final rule. These technical revisions correct inadvertent errors in the NESHAP for MSW Landfills. This action clarifies the following: Wellhead monitoring requirements for the purpose of identifying excess air infiltration; delegation of authority to state, local, or tribal agencies for ‘‘emission standards;’’ applicability of the General Provisions to affected MSW landfills; and handling of monitoring data for combustion devices during periods of monitoring system breakdowns, repairs, calibration checks, and adjustments. This action also amends the MSW Landfills NSPS at 40 CFR part 60, subpart XXX, to clarify the timing of compliance for certain requirements of the MSW Landfills NSPS for existing MSW landfills that have been modified but previously triggered the requirement to install a GCCS under related MSW landfill rules. Additionally, the EPA is revising the definition of Administrator in the MSW Landfills Federal Plan that was promulgated on May 21, 2021, to clarify who is the administrator for the Federal plan and the administrator for a state plan. The EPA is also making some minor typographical corrections to NESHAP and the Federal Plan. III. Summary of Changes Since Proposal and Response to Comments The EPA received two comment letters on the proposed revisions to the MSW Landfills NESHAP and NSPS (EPA–HQ–OAR–2002–0047–0111, EPA– HQ–OAR–2002–0047–0112). This section summarizes the EPA’s response to those comments and indicates where the EPA has made additional changes to the proposed revisions to the MSW Landfills NESHAP and NSPS, in part, in response to those public comments. The changes include clarifications to the wellhead monitoring requirements [including test methods], and clarifications to the compliance times for various landfills, especially those modifying and becoming subject to 40 E:\FR\FM\14FER1.SGM 14FER1 8200 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations jspears on DSK121TN23PROD with RULES1 CFR part 60, subpart XXX. For more information, see the response to comments document, titled, Summary of Public Comments and EPA’s Responses for the Proposed Corrections to National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual Risk and Technology Review; Correction, which is available in the docket for this action. A. Wellhead Monitoring Comment: Commenter (0111) suggested that the EPA add language to 40 CFR 63.1981(k) to clarify whether or not a 24-hour high temperature report is required for wells with landfill gas temperatures greater than 170 degrees Fahrenheit but less than an approved higher operating value (HOV). Response: The EPA is amending 40 CFR 63.1981(j)(2) to clarify that the corrective action and corresponding timelines are not required if the landfill has an approved HOV. We added the following phrase to the end of 40 CFR 63.1981 (j)(2): ‘‘unless a higher operating temperature value has been approved by the Administrator for the well under this subpart or under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal plan or EPA approved and effective state plan or tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf.’’ Comment: Commenter (0112) requested that EPA re-evaluate its proposal to require five 1-minute averages to be limited to 7 parts per million (ppm) variance. The commenter (0112) contends that the proposed requirement is unnecessarily prescriptive and says that although this low level of variability may be appropriate for some stationary sources of air emissions, such as controlled manufacturing processes, landfills may experience more variability than this limitation would allow. Commenter (0112) asserted that EPA has neither provided an explanation for why this requirement is necessary, nor shown that it can be achieved by landfills. Moreover, this requirement does not appear to be a necessary clarification or correction but rather an entirely new and unjustified compliance obligation. Therefore, unless and until EPA demonstrates a need for this requirement and that it is achievable by landfills, EPA should not finalize it in this corrections rule. Response: The EPA believes that a limited variability provision would increase the data quality when collecting samples pursuant to 40 CFR 1961(a)(5)(vi)(D). However, the EPA agrees with the commenter that the CO VerDate Sep<11>2014 16:05 Feb 11, 2022 Jkt 256001 concentrations can, under certain conditions (e.g., underground fires), exhibit short term CO variability higher than 7 ppm. Therefore, the EPA has removed the 7 ppm variability requirement and may revisit this when more data is available. Comment: Commenter (0112) requested that the EPA clarify language in 40 CFR 63.1961(a)(5)(vii) directing that enhanced monitoring ‘‘must begin 7 days after the first measurement’’ to provide that monitoring ‘‘must begin within 7 days to account for landfill operating hours, including weekends and holidays.’’ Response: The EPA has revised 40 CFR 63.1961(a)(5)(vii) to clarify that the requirement is to begin enhanced monitoring 7 calendar days after the first measurement of landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit). Decomposition of waste and monitoring a landfill are 24-hour per day/365 day per year operation where conditions change constantly. The EPA determined that it is reasonable and necessary to begin enhanced monitoring within 7 calendar days to keep a check on high temperature conditions in the landfill and minimize the potential for a landfill fire. B. Compliance Timing In the proposed rule, the EPA requested comment on whether the proposed modifications to the 2016 MSW Landfills NSPS regulations adequately clarify the expected compliance deadlines for controlled landfills that become subject to the 2016 MSW Landfills NSPS through modification and/or whether other approaches are needed to align the timing provisions of the 2016 MSW Landfills NSPS with the timing provisions of the MSW Landfills NESHAP. (86 FR 19176, 19182, April 13, 2021) Comment: Commenter (0111) requested that the EPA should specify compliance deadlines for three categories of landfills: (1) Landfills with an NMOC emission rate less than 34 megagrams per year that become subject to subpart XXX through modification; (2) uncontrolled landfills with an NMOC emission rate between 34 and 50 megagrams per year that become subject to subpart XXX through modification; and (3) controlled landfills that become subject to subpart XXX through modification. Response: The EPA recognizes that from July 17, 2014 (the applicability date of the NSPS) to June 21, 2021 (the PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 effective date of the Federal plan at 40 CFR part 62 subpart OOO), landfills that modify could become subject to 40 CFR part 60, subpart XXX after having previously been subject to 40 CFR part 62, subpart GGG; 40 CFR part 60, subpart WWW; or a state plan implementing 40 CFR part 60, subpart Cf or subpart Cc. By virtue of this final action, the EPA is clarifying that landfills that meet the definition of a ‘‘controlled landfill’’ would not receive an additional 30 months to comply when they transition to subpart XXX. The EPA notes that after June 21, 2021, all three groups of landfills that modify as identified in this comment will have been previously subject only to either a state plan implementing 40 CFR part 62, subpart Cf, or 40 CFR part 62, subpart OOO to 40 CFR part 60, subpart XXX. The EPA is clarifying in this rule that compliance timing for landfills that become subject to subpart XXX after previously being subject to the Federal plan subpart OOO depends on whether the facility is a legacy controlled landfill, a controlled landfill or an uncontrolled landfill, and the results and timing of the landfill’s NMOC emission rate report. Landfills with an NMOC emission rate less than 34 megagrams per year that later become subject to subpart XXX through modification and have not installed controls should follow the requirements in subpart XXX, including the 30-month window to install and operate a GCCS. The landfill will submit their first NMOC report within 90 days of the date of construction or modification. The landfill could submit a revised NMOC report based on Tier 2 within 180 days of that first report, if desired. For uncontrolled landfills with an NMOC emission rate equal to or greater than 34 but less than 50 megagrams per year that later become subject to subpart XXX through modification, we are clarifying that the 30-month clock for previously uncontrolled landfills will begin at the first report containing NMOC emissions greater than or equal to 34 Mg/yr NMOC that was submitted under any of the following subparts: 40 CFR part 60, subpart XXX or a state plan implementing subpart Cf; or 40 CFR part 62, subpart OOO. We are starting the 30month clock at the NMOC report submitted under that subpart for these landfills with an NMOC emission rate equal to or greater than 34 but less than 50 megagrams per year because the landfill was not otherwise subject to any requirement to install and operate GCCS until they became subject to these subparts. E:\FR\FM\14FER1.SGM 14FER1 jspears on DSK121TN23PROD with RULES1 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations For controlled landfills that become subject to subpart XXX through modification, we do not intend to restart the 30-month clock for landfills reporting NMOC emissions greater than or equal to 50 Mg/yr NMOC under 40 CFR part 60, subpart WWW or Cc; or 40 CFR part 62, subpart GGG, and that submitted a design plan before the effective date of these 2021 subpart XXX amendments. These landfills already started the ‘‘control’’ process under the previous subparts and must stay on that previously triggered 30-month timeframe to install a GCCS in a timely manner. Comment: Commenter (0112) disagreed with the EPA’s proposal not to allow 30 months to install and operate a GCCS as the landfill transitions to a new subpart. However, the commenter (0112) recognized that landfills with emissions 50 Mg/yr NMOC or greater will be required to begin complying with the same requirements to install and operate GCCS pursuant to NESHAP AAAA as of September 28, 2021. Response: For controlled landfills that become subject to subpart XXX through modification, the EPA does not agree that it would be appropriate to restart the 30-month clock for landfills reporting NMOC emissions greater than or equal to 50 Mg/yr NMOC under 40 CFR part 60, subpart WWW or Cc; or 40 CFR part 62, subpart GGG and that submitted a design plan before the effective date of these 2021 subpart XXX amendments. These landfills already started the ‘‘control’’ process under the previous subparts and it is reasonable to require these landfills to stay on that 30month timeframe to install a GCCS in a timely manner. The commenter has not provided any information that would justify any further delay in the implementation of GCCS. Comment: Commenter (0112) disagreed with using any subpart WWW reports between 34 and 50 Mg/yr NMOC as the trigger for the 30-month timeframe for installation of GCCS since this would not allow the landfill sufficient time to prepare a design plan and install the GCCS. The commenter (0112) suggested alternative regulatory text. Response: The EPA recognizes that previous regulatory requirements are based on an emission rate threshold of 50 Mg/yr NMOC and that newer regulatory requirements are based on an emission rate threshold of 34 Mg/yr NMOC. With these technical revisions, we intend to clarify the application of the 30-month clock for previously uncontrolled landfills reporting NMOC emissions greater than or equal to 34 VerDate Sep<11>2014 16:05 Feb 11, 2022 Jkt 256001 Mg/yr NMOC and less than 50 Mg/yr NMOC under 40 CFR part 60, subpart XXX or Cf; or 40 CFR part 62, subpart OOO. We are starting the 30-month clock at the NMOC report submitted under those subparts for those landfills that exceeded 34 Mg/yr NMOC because the 34–50 Mg/yr NMOC threshold did not apply until they became subject to these subparts. However, we do not intend to restart the 30-month clock for landfills reporting NMOC emissions greater than or equal to 50 Mg/yr NMOC under 40 CFR part 60, subpart WWW or Cc; or 40 CFR part 62, subpart GGG and that submitted a design plan before the effective date of these 2021 subpart XXX amendments. These landfills already started the ‘‘control’’ process under the previous subparts and it is reasonable to require these landfills to stay on that 30month timeframe to install a GCCS in a timely manner. The EPA is revising 40 CFR 60.762(b)(2)(ii)(A) to read as follows: (A) The first annual report submitted under this subpart or part 62 of this subchapter in which the NMOC emission rate equals or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 34 megagrams per year, as specified in § 60.767(c)(4); or This approach points to 40 CFR part 60, subpart XXX or 40 CFR part 62 (the Federal plan subpart OOO or state plans implementing subpart Cf). When these subpart XXX amendments are finalized, all ‘‘existing’’ landfills will be subject to the state and/or Federal plan implementing subpart Cf because the Federal plan became effective on June 21, 2021. Subpart OOO handles the legacy controllers separately and gives a full 30 months for landfills with NMOC emissions greater than 34 Mg/yr and less than 50 Mg/yr. C. Technical and Typographical Corrections In this final action, the EPA is revising the definition of Administrator at 40 CFR 62.16730 in the MSW Landfills Federal Plan that was promulgated on May 21, 2021 (86 FR 27756). The revision makes the definition consistent with other Federal plans such as the Federal Plan Requirements for Sewage Sludge Incineration Units (40 CFR part 62, subpart LLL), which distinguishes between the administrator of the Federal plan and the administrator of a state plan. In developing the MSW Landfills Federal Plan, the EPA inadvertently retained the definition of Administrator from the Emission Guidelines (40 CFR part 60, subpart Cf), which was written PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 8201 in the context of states preparing a state plan. As currently written, the definition could be interpreted to allow non-delegated authority to implement and enforce the Federal plan. In the context of the Federal plan, the revised definition of Administrator clarifies that the EPA Administrator or his/her authorized representative have the authority to implement and enforce the Federal plan. To add clarity in the context of developing State plans, the EPA has further revised the definition of Administrator to clearly identify the director of the state air pollution control agency or his/her authorized representative, which will better allow states to incorporate by reference the Federal plan as their state rule applying to landfills in the state. The EPA is also correcting typographical errors in the MSW Landfills NESHAP that were published in the Federal Register on March 26, 2020 (85 FR 17244) and the MSW Landfills Federal Plan that was published in the Federal Register on May 21, 2021 (86 FR 27756). In the MSW Landfills NESHAP, the EPA is correcting 40 CFR 63.1981(n) to change September 2, 2021 to September 27, 2021. In the MSW Landfills Federal Plan, the EPA is correcting a cross reference error in 40 CFR 62.16712(b) and (c). Both paragraphs incorrectly refer to 40 CFR 62.16712(c)(3), which does not exist. The correct reference is to 40 CFR 62.16712(d). Finally, the EPA is correcting the omission of the word ‘‘is’’ in 40 CFR 62.16714(a)(4), so that the correct reading is: The landfill is in the closed landfill subcategory and has an NMOC emission rate greater than or equal to 50 megagrams per year. Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. The EPA has determined that there is good cause for making these technical and typographical changes without prior proposal and opportunity for comment because, as explained here above, the technical correction to the definition of Administrator and the typographical changes are noncontroversial in nature and do not substantively change the requirements of the MSW Landfills regulations. Thus, notice and opportunity for public comment are unnecessary for these changes. The EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B). E:\FR\FM\14FER1.SGM 14FER1 8202 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2060–0505 for the NESHAP and OMB control number 2060–0697 for the NSPS. The revisions include technical corrections to the NESHAP and NSPS and do not pose any changes to the information collection burden for either. jspears on DSK121TN23PROD with RULES1 C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, EPA concludes that the impact of concern for this rule is any significant adverse economic impact on small entities and that the agency is certifying that this rule will not have a significant economic impact on a substantial number of small entities if the rule has no net burden on the small entities subject to the rule. This action includes only technical corrections to provisions from the March 26, 2020, final RTR rulemaking and clarifying amendments to 2016 MSW Landfills NSPS and does not implement new requirements. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. Although state, local, or tribal governments own and operate landfills subject to these final amendments, this action includes only technical corrections to provisions from the March 26, 2020, final RTR rulemaking and clarifying amendments to the 2016 MSW Landfills NSPS and there are no VerDate Sep<11>2014 16:05 Feb 11, 2022 Jkt 256001 impacts resulting from this regulatory action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action has tribal implications as specified in Executive Order 13175. However, it will neither impose substantial direct compliance costs on federally recognized tribal governments nor preempt tribal law. As explained in the March 26, 2020, final rule, the EPA previously identified one tribe that owns three landfills that are potentially subject to the MSW Landfills NESHAP. However, this action includes only technical corrections to provisions from the March 26, 2020, final RTR rulemaking and clarifying amendments to the subpart XXX NSPS and does not impose any new requirements on tribes. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 FR 7629; February 16, 1994) because it does not establish an environmental health or safety standard. This regulatory action is a technical correction to a previously promulgated regulatory action and does not have any impact on human health or the environment. K. Congressional Review Act (CRA) This action is subject to the CRA and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. 40 CFR Part 62 Environmental protection, Administrative practice and procedures, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. 40 CFR Part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Michael S. Regan, Administrator. For the reasons set forth in the preamble, the EPA amends 40 CFR parts 60, 62, and 63 as follows: PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 1. The authority citation for part 60 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart XXX—Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification After July 17, 2014 2. Amend § 60.761 by revising the definition of ‘‘Controlled landfill’’ to read as follows: ■ § 60.761 Definitions. * * * * * Controlled landfill means any landfill at which collection and control systems E:\FR\FM\14FER1.SGM 14FER1 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations are required under this subpart as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled at the time a collection and control system design plan is submitted in compliance with either § 60.762(b)(2)(i), 40 CFR part 60, subpart WWW, or a Federal plan or EPA approved and effective state plan or tribal plan that implements either 40 CFR part 60, subparts Cc or Cf, whichever regulation first required submission of a collection and control system design plan for the landfill. * * * * * 5. The authority citation for part 62 continues to read as follows: * Authority: 42 U.S.C. 7401 et seq. Subpart OOO—Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014 6. Amend § 62.16712 by revising paragraph (b) and paragraph (c) introductory text to read as follows: 3. Amend § 60.762 by revising paragraphs (b)(2)(i) and (b)(2)(ii)(A) to read as follows: ■ § 60.762 Standards for air emissions from municipal solid waste landfills. § 62.16712 Compliance schedule and increments of progress. * * 4. Amend § 60.767 by revising paragraph (d) introductory text to read as follows: ■ § 60.767 Reporting requirements. * jspears on DSK121TN23PROD with RULES1 ■ ■ * * * * (b) * * * (2) * * * (i) Calculated NMOC Emission Rate. Submit an initial or revised collection and control system design plan prepared by a professional engineer to the Administrator as specified in § 60.767(c) or (d); calculate NMOC emissions using the next higher tier in § 60.764; or conduct a surface emission monitoring demonstration using the procedures specified in § 60.764(a)(6). The collection and control system must meet the requirements in paragraphs (b)(2)(ii) and (iii) of this section. (ii) * * * (A) The first annual report submitted under this subpart or part 62 of this subchapter in which the NMOC emission rate equals or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 34 megagrams per year, as specified in § 60.767(c)(4); or * * * * * * * * * (d) Revised design plan. The owner or operator who has already been required to submit a design plan under paragraph (c) of this section, subpart WWW of this part, or a Federal plan or EPA-approved and effective state plan or tribal plan that implements subparts Cc or Cf of this part, must submit a revised design plan to the Administrator for approval as follows: * * * * * VerDate Sep<11>2014 16:05 Feb 11, 2022 Jkt 256001 8. Amend § 62.16730 by revising the definition of ‘‘Administrator’’ to read as follows: PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS ■ * * * * (b) Compliance date. For each designated facility that has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters and a NMOC emission rate greater than or equal to 34 megagrams per year (50 megagrams per year for closed landfill subcategory), planning, awarding of contracts, and installation of municipal solid waste landfill air emission collection and control equipment capable of meeting the standards in § 62.16714(b) and (c) must be accomplished within 30 months after the date the initial emission rate report (or the annual emission rate report) first shows that the NMOC emission rate equals or exceeds 34 megagrams per year (50 megagrams per year for closed landfill subcategory), except as provided in § 62.16712(d). (c) Compliance schedules. The owner or operator of a designated facility that has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters and a NMOC emission rate greater than or equal to 34 megagrams per year (50 megagrams per year for closed landfill subcategory) must achieve the increments of progress specified in paragraphs (a)(1) through (5) of this section according to the schedule specified in paragraph (c)(1), (2), or (d) of this section. * * * * * ■ 7. Amend § 62.16714 by revising paragraph (a)(4) to read as follows: § 62.16714 Standards for municipal solid waste landfill emissions. (a) * * * (4) Closed subcategory. The landfill is in the closed landfill subcategory and has an NMOC emission rate greater than or equal to 50 megagrams per year. * * * * * PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 8203 § 62.16730 Definitions. * * * * Administrator means: (1) For municipal solid waste landfills covered by the federal plan, the Administrator of the EPA or his/her authorized representative (e.g., delegated authority); (2) For municipal solid waste landfills covered by an approved state plan, the director of the state air pollution control agency or his/her authorized representative. * * * * * PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 9. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart AAAA—National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills 10. Amend § 63.1960 by revising paragraph (a)(4)(i) introductory text to read as follows: ■ § 63.1960 Compliance provisions. (a) * * * (4) * * * (i) Once an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard for temperature in § 63.1958(c)(1), the owner or operator must monitor each well monthly for temperature for the purpose of identifying whether excess air infiltration exists. If a well exceeds the operating parameter for temperature as provided in § 63.1958(c)(1), action must be initiated to correct the exceedance within 5 days. Any attempted corrective measure must not cause exceedances of other operational or performance standards. * * * * * ■ 11. Amend § 63.1961 by revising paragraphs (a)(5)((vi) introductory text and (a)(5)(vi)(A), adding paragraphs (a)(5)(vi)(C) and (D), and revising paragraph (a)(5)(vii) to read as follows: § 63.1961 Monitoring of operations. * * * * * (a) * * * (5) * * * (vi) Monitor and determine carbon monoxide concentrations, as follows: E:\FR\FM\14FER1.SGM 14FER1 8204 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations (A) Collect the sample from the wellhead sampling port in a passivated canister or multi-layer foil gas sampling bag (such as the Cali-5-Bond Bag) and analyze that sample using EPA Method 10 of appendix A–4 to part 60 of this chapter, or an equivalent method with a detection limit of at least 100 ppmv of carbon monoxide in high concentrations of methane; or * * * * * (C) When sampling directly from the wellhead, you must sample for 5 minutes plus twice the response time of the analyzer. These values must be recorded. The five 1-minute averages are then averaged to give you the carbon monoxide reading at the wellhead. (D) When collecting samples in a passivated canister or multi-layer foil sampling bag, you must sample for the period of time needed to assure that enough sample is collected to provide five (5) consecutive, 1-minute samples during the analysis of the canister or bag contents, but no less than 5 minutes plus twice the response time of the analyzer. The five (5) consecutive, 1minute averages are then averaged together to give you a carbon monoxide value from the wellhead. (vii) The enhanced monitoring described in this paragraph (a)(5) must begin 7 calendar days after the first measurement of landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit); and * * * * * ■ 12. Amend § 63.1975 by revising the introductory text to read as follows: § 63.1975 How do I calculate the 3-hour block average used to demonstrate compliance? Before September 28, 2021, averages are calculated in the same way as they are calculated in § 60.758(b)(2)(i) of this subchapter for average combustion temperature and § 60.758(c) for 3-hour average combustion temperature for enclosed combustors, except that the data collected during the events listed in paragraphs (a) through (d) of this section are not to be included in any average computed under this subpart. Beginning no later than September 27, 2021, averages are calculated according to § 63.1983(b)(2)(i) for average combustion temperature and § 63.1983(c)(1)(i) for 3-hour average combustion temperature for enclosed combustors, except that the data collected during the event listed in paragraph (a) of this section are not to be included in any average computed under this subpart. * * * * * 13. Amend § 63.1981 by revising paragraph (j)(2) and paragraph (n) introductory text to read as follows: ■ § 63.1981 What reports must I submit? * * * * * (j) * * * (2) For corrective action that is required according to § 63.1960(a)(3) or (4) and is expected to take longer than 120 days after the initial exceedance to complete, you must submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Administrator as soon as practicable but no later than 75 days after the first measurement of positive pressure or temperature monitoring value of 62.8 degrees Celsius (145 degrees Fahrenheit) or above unless a higher operating temperature value has been approved by the Administrator for the well under this subpart or under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal plan or EPA approved and effective state plan or tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf. The Administrator must approve the plan for corrective action and the corresponding timeline. * * * * * (n) Claims of force majeure. Beginning no later than September 27, 2021, if you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to comply timely with the reporting requirement. To assert a claim of force majeure, you must meet the following requirements: * * * * * ■ 14. Amend § 63.1985 by revising paragraph (c) to read as follows: § 63.1985 Who enforces this subpart? * * * * * (c) The authorities that will not be delegated to state, local, or tribal agencies are as follows. Approval of alternatives to the emission standards in §§ 63.1955 through 63.1962. Where this subpart references part 60, subpart WWW of this subchapter, the cited provisions will be delegated according to the delegation provisions of part 60, subpart WWW of this subchapter. For this subpart, the EPA also retains the authority to approve methods for determining the NMOC concentration in § 63.1959(a)(3) and the method for determining the site-specific methane generation rate constant k in § 63.1959(a)(4). ■ 15. Amend table 1 to subpart AAAA of part 63 by: ■ a. Revising the entry for ‘‘§ 63.6(f)(1)’’; ■ b. Removing the entries for ‘‘§ 63.10(b)(vi)’’ and ‘‘§ 63.10(b)(vii)– (xiv)’’ and adding in their places entries for ‘‘§ 63.10(b)(2)(vi)’’ and ‘‘§ 63.10(b)(2)(vii)–(xiv)’’, respectively; and ■ c. Revising the entry for ‘‘§ 63.10(d)(3)’’. The revisions and additions read as follows: Table 1 to Subpart AAAA of Part 63— Applicability of NESHAP General Provisions to Subpart AAAA * * * * * jspears on DSK121TN23PROD with RULES1 TABLE 1 TO SUBPART AAAA OF PART 63—APPLICABILITY OF NESHAP GENERAL PROVISIONS TO SUBPART AAAA Applicable to subpart AAAA before September 28, 2021 Applicable to subpart AAAA no later than September 27, 2021 * * * Exemption of nonopacity emission standards during SSM. * No ............................ No. * § 63.10(b)(2)(vi) .............. § 63.10(b)(2)(vii)–(xiv) ..... * * * Recordkeeping for CMS malfunctions ............. Other Recordkeeping of compliance measurements. * No1 .......................... No1 .......................... Yes. Yes. * § 63.10(d)(3) ................... * * * Reporting of visible emission observations ...... * No 1 .......................... No. Part 63 citation Description * § 63.6(f)(1) ...................... VerDate Sep<11>2014 16:05 Feb 11, 2022 Jkt 256001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\14FER1.SGM 14FER1 Explanation * * * * * * 8205 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations TABLE 1 TO SUBPART AAAA OF PART 63—APPLICABILITY OF NESHAP GENERAL PROVISIONS TO SUBPART AAAA— Continued Part 63 citation * Applicable to subpart AAAA before September 28, 2021 Description * * * Applicable to subpart AAAA no later than September 27, 2021 * * Explanation * 1 Before September 28, 2021, this subpart requires affected facilities to follow part 60, subpart WWW of this subchapter, which incorporates the General Provisions of part 60 of this subchapter. the following internet address: https:// www.fcc.gov/document/fcc-connectingtribal-libraries-through-e-rate-program0. [FR Doc. 2022–02654 Filed 2–11–22; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [CC Docket No. 02–6; FCC 22–8; FR ID 70414] Schools and Libraries Universal Service Support Mechanism Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission) takes steps to address one of the barriers to participation and clarify the eligibility of Tribal libraries for E-Rate program support by updating the definition of ‘‘library’’ in its E-Rate program rules to include Tribal libraries. By doing so, the Commission seeks to resolve a longstanding issue for Tribal libraries in the E-Rate program rules, consistent with Congressional action taken in 2018, and to encourage increased Tribal library access to affordable broadband connectivity through the E-Rate program. DATES: Effective March 16, 2022. FOR FURTHER INFORMATION CONTACT: Kate Dumouchel, Wireline Competition Bureau, (202) 418–7400 or by email at Kate.Dumouchel@fcc.gov. The Commission asks that requests for accommodations be made as soon as possible in order to allow the agency to satisfy such requests whenever possible. Send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order in CC Docket No. 02–6; FCC 22–8, adopted January 27, 2022 and released January 28, 2022. Due to the COVID–19 pandemic, the Commission’s headquarters will be closed to the general public until further notice. The full text of this document is available at jspears on DSK121TN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:05 Feb 11, 2022 Jkt 256001 I. Introduction 1. The E-Rate program provides support to schools and libraries across the nation to obtain affordable, highspeed broadband services and internal connections to connect today’s students and library patrons with next-generation learning opportunities and services. Since the beginning of the program, ERate support has helped libraries afford these services and provide free, public internet access to their communities. But for far too long, Tribal libraries have been unable to participate fully in the ERate program. This situation has exacerbated enduring inequities, as Tribal libraries often serve as a critical source of internet access in underserved areas across the nation. 2. The Commission takes steps to address one of the barriers to participation and clarify the eligibility of Tribal libraries for E-Rate program support by updating the definition of ‘‘library’’ in its E-Rate program rules to include Tribal libraries. By doing so, the Commission seeks to resolve a longstanding issue for Tribal libraries in the E-Rate program rules, consistent with Congressional action taken in 2018, and to encourage increased Tribal library access to affordable broadband connectivity through the E-Rate program. II. Discussion 3. To ensure that our nation’s Tribal libraries and their library patrons have access to high-speed broadband and to encourage Tribal libraries’ participation in the E-Rate program, the Commission now amends its E-Rate program rules to clarify that Tribal libraries are eligible for E-Rate support. Specifically, the Commission adds ‘‘Tribal library’’ to the definition of library in section 54.500 of the Commission’s rules and removes the reference to Public Law 104–208, which contains the version of the Library Services and Technology Act (LSTA) enacted in 1996. All stakeholders PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 submitting comments support this rule change, and no commenter opposed it. 4. Interested parties agree that this rule change is the first step in ensuring that Tribal libraries have access to funding to provide affordable internet access to their communities. These changes update the E-Rate program rules and ensure that the E-Rate program can support library services in Tribal communities. The changes align with both Congress’ 2018 amendments to the LSTA and the Commission’s Emergency Connectivity Fund program rules. Moreover, the changes will simplify administration of the E-Rate and Emergency Connectivity Fund programs for the Universal Service Administrative Company (USAC), which administers both programs and checks applicant eligibility. Consistent with the rules adopted for the Emergency Connectivity Fund program, the E-Rate rules clarify that Tribal libraries, which are by statute eligible for support from State library administrative agencies under the LSTA, are eligible for support from the E-Rate program. Receipt of LSTA funds by Tribal libraries is not required for participation in the E-Rate program. 5. These rule changes should also clarify and simplify E-Rate eligibility for Tribal libraries and, in time, will increase Tribal participation in the program. Comments filed by the American Library Association (ALA) and the Association of Tribal Archives, Libraries and Museums (ATALM) include preliminary results of a 2021 ATALM comprehensive digital inclusion survey, which note that only 12 percent of the Tribal libraries responding reported that they had ever applied, even fewer than the 15 percent of Tribal libraries that had previously reported receiving E-Rate support. This data is especially troubling, given that there is reduced broadband access in Tribal areas and libraries are often the ‘‘next best alternative for many Tribal families and households’’ to obtain internet access. Tribal governments and libraries have had issues interacting with and gaining support from State E:\FR\FM\14FER1.SGM 14FER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8197-8205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02654]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 62, and 63

[EPA-HQ-OAR-2002-0047; FRL-6838.1-03-OAR]
RIN 2060-AV01


National Emission Standards for Hazardous Air Pollutants: 
Municipal Solid Waste Landfills Residual Risk and Technology Review; 
Correction

AGENCY: Environmental Protection Agency (EPA)

ACTION: Final rule.

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SUMMARY: In this action, the U.S. Environmental Protection Agency (EPA) 
is finalizing technical revisions and clarifications for the national 
emission standards for hazardous air pollutants (NESHAP) for MSW 
Landfills established in the March 26, 2020, final rule. This final 
rule also amends the MSW Landfills NSPS at 40 CFR part 60, subpart XXX, 
to clarify and align the timing of compliance for certain requirements 
involving installation of a gas collection and control system (GCCS) 
under related MSW landfill rules. Additionally, the EPA is revising the 
definition of Administrator in the MSW Landfills Federal Plan that was 
promulgated on May 21, 2021 to clarify who has the authority to 
implement and enforce the applicable requirements. The EPA is also 
making some minor typographical corrections.

DATES: The final rule is effective February 14, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2002-0047. All documents in the docket are 
listed on the https://www.regulations.gov/ website. Although listed, 
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 either 
electronically through https://www.regulations.gov/ or in hard copy at 
the EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC. The EPA has temporarily suspended its Docket 
Center and Reading Room for public visitors to reduce the risk of 
transmitting COVID-19. Our Docket Center staff will continue to provide 
remote customer service via email, phone, and webform. The EPA 
continues to carefully and continuously monitor information from the 
Centers for Disease Control (CDC), local area health departments, and 
our Federal partners so that the EPA can respond rapidly as conditions 
change regarding COVID-19. For further information on EPA Docket Center 
services and the current status, please visit the docket online at 
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Andy Sheppard, Sector Policies and Programs Division (E143-03), 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-4161; fax number: (919) 541-0516; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. The EPA uses multiple acronyms 
and terms in this preamble. While this list may not be exhaustive, to 
ease the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
COVID-19 coronavirus disease of 2019
EPA Environmental Protection Agency
GCCS gas collection and control system
HAP hazardous air pollutants
m3 cubic meter
Mg megagram
MSW municipal solid waste
NMOC nonmethane organic compounds
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RTR risk and technology review
SSM startup, shutdown, and malfunction

[[Page 8198]]

RIN Regulatory Information Number
UMRA Unfunded Mandate Reform Act

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this final action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. What is the statutory authority for this action?
    D. Judicial Review
II. Background
    A. What is the regulatory development background for this final 
action?
    B. What is the purpose of this action?
III. Summary of Changes Since Proposal and Response to Comments
    A. Wellhead Monitoring
    B. Compliance Timing
    C. Technical and Typographical Corrections
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Table 1 of this preamble lists the associated regulated industrial 
source categories that are the subject of this final rule. Table 1 is 
not intended to be exhaustive, but rather provides a guide for readers 
regarding the entities that this action is likely to affect. The 
standards, once promulgated, will be directly applicable to the 
affected sources. Federal, state, local, and tribal government entities 
could be affected by this action because these entities are often the 
owners or operators of MSW landfills. As defined in the Initial List of 
Categories of Sources Under Section 112(c)(1) of the Clean Air Act 
Amendments of 1990 (57 FR 31576, July 16, 1992) and Documentation for 
Developing the Initial Source Category List, Final Report (see EPA-450/
3-91-030; July 1992), the MSW Landfills source category is any facility 
that is an entire disposal facility in a contiguous geographical space 
where household waste is placed in or on land. An MSW landfill may also 
receive commercial waste, sludges, and industrial waste. An MSW 
landfill may also receive other types of Resource Conservation and 
Recovery Act (RCRA) Subtitle D wastes (see 40 CFR 257.2) such as 
commercial solid waste, nonhazardous sludge, conditionally exempt small 
quantity generator waste, and industrial solid waste. Portions of an 
MSW landfill may be separated by access roads. An MSW landfill may be 
publicly or privately owned.
    Questions regarding the applicability of this final action to a 
particular entity should be directed to the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

      Table 1--Industrial Source Categories Affected by This Action
------------------------------------------------------------------------
                   Source category                       NAICS code \1\
------------------------------------------------------------------------
Industry: Air and water resource and solid waste                  924110
 management..........................................
Industry: Refuse systems--solid waste landfills......             562212
State, local, and tribal government agencies.........     562212, 924110
------------------------------------------------------------------------
\1\ North American Industry Classification System.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this final action at 
https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards. Following publication in 
the Federal Register, the EPA will post the Federal Register version of 
this final action at this same website.

C. What is the statutory authority for this action?

    The statutory authority for revisions to the MSW Landfills NESHAP 
(40 CFR part 63, subpart AAAA) is provided by sections 112 and 301 of 
the Clean Air Act (CAA), as amended (42 U.S.C. 7412 and 7401). The 
statutory authority for revisions to the MSW Landfills New Source 
Performance Standards (40 CFR part 60, subpart XXX) and the Federal 
Plan (40 CFR part 62, subpart OOO) is provided by sections 111 and 301 
of the CAA (42 U.S.C. 7411 and 7401).
    The EPA finds that it has good cause to make these revisions 
immediately effective upon publication under section 553(d) of the 
Administrative Procedure Act, 5 U.S.C. 553(d). Section 553(d) provides 
that final rules shall not become effective until 30 days after 
publication in the Federal Register ``except . . . as otherwise 
provided by the agency for good cause.'' The purpose of this provision 
is to ``give affected parties a reasonable time to adjust their 
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed. 
Commc'n Comm'n, 78 F.3d 620, 630 (DC Cir. 1996); see also United States 
v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative 
history). Thus, in determining whether good cause exists to waive the 
30-day delay, an agency should, ``balance the necessity for immediate 
implementation against principles of fundamental fairness which require 
that all affected persons be afforded a reasonable amount of time to 
prepare for the effective date of its ruling.'' Gavrilovic, 551 F.2d at 
1105. The EPA has determined that there is good cause under section 
553(d) for making this final rule effective immediately because this 
action clarifies the regulatory provisions that already apply to 
regulatory sources as well as the compliance deadline for controlled 
landfills that become subject to the 2016 MSW Landfills NSPS through 
modification is September 27, 2021. Making this rule effective 
immediately upon publication will minimize confusion and increase 
compliance certainty.

D. Judicial Review

    Under CAA section 307(b)(1), judicial review of this final rule is 
available only by filing a petition for review in the U.S. Court of 
Appeals for the District of Columbia Circuit by April 15, 2022. 
Moreover, under section 307(b)(2) of the CAA, the requirements 
established by

[[Page 8199]]

this final rule may not be challenged separately in any civil or 
criminal proceedings brought by the EPA to enforce these requirements. 
Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for the EPA to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to the EPA that it was impracticable to raise such objection within 
[the period for public comment] or if the grounds for such objection 
arose after the period for public comment, (but within the time 
specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule.'' Any person seeking to make such 
a demonstration should submit a Petition for Reconsideration to the 
Office of the Administrator, U.S. EPA, Room 3000, WJC South Building, 
1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both 
the person listed in the preceding FOR FURTHER INFORMATION CONTACT 
section, and the Associate General Counsel for the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Ave. NW, Washington, DC 20460.

II. Background

A. What is the regulatory development background and legal authority 
for this action?

    The NESHAP regulates HAP emissions from MSW landfills that are 
either major or area sources, and applies to MSW landfills that have 
accepted waste since November 8, 1987, or have additional capacity for 
waste deposition and are major sources, are collocated with major 
sources, or are area source landfills with a design capacity equal to 
or greater than 2.5 million megagrams (Mg) and 2.5 million cubic meters 
(m\3\) and have estimated uncontrolled emissions equal to or greater 
than 50 megagrams per year (Mg/yr) of non-methane organic compounds 
(NMOC). The NESHAP also applies to MSW landfills that have accepted 
waste since November 8, 1987, or have additional capacity for waste 
deposition and include a bioreactor and are major sources, are 
collocated with major sources, or are area source landfills with a 
design capacity equal to or greater than 2.5 million Mg and 2.5 million 
m\3\ that were not permanently closed as of January 16, 2003.
    The EPA completed the residual risk and technology review (RTR) for 
the Municipal Solid Waste (MSW) Landfills source category as regulated 
under the MSW Landfills NESHAP and promulgated amendments to 40 CFR 
part 63, subpart AAAA on March 26, 2020. (85 FR 17244). The rule 
finalized the EPA's determination that risks from this source category 
are acceptable and that the standards provide an ample margin of safety 
to protect public health and prevent an adverse environmental effect. 
There were no revisions to the NESHAP based on our analyses conducted 
under CAA section 112(f). However, the final rule clarified regulatory 
provisions related to emissions during periods of startup, shutdown, 
and malfunction (SSM); revised wellhead operational standards and 
corrective action to improve effectiveness and provide compliance 
flexibility; incorporated provisions from the MSW Landfills NSPS; and 
added requirements for electronic reporting of performance test 
results. The EPA subsequently corrected inadvertent errors in the 
cross-referencing and formatting of the final rule and made minor 
clarifications to the operational and reporting requirements. (85 FR 
64398, October 13, 2020).
    In August 2016, the EPA finalized changes to the NSPS for MSW 
landfills resulting from the EPA's under Clean Air Act (CAA) section 
111. In order to avoid possible confusion regarding which MSW landfills 
would actually be subject to these changes, the EPA established a new 
subpart XXX (40 CFR part 60, subpart XXX) rather than merely updating 
the existing subpart WWW (40 CFR part 60, subpart WWW). One of the key 
changes in the new subpart XXX was the lowering of the emissions 
threshold for installing controls from 50 megagrams per year (Mg/yr) to 
34 Mg/yr. (81 FR 59332, August 29, 2016).
    At the same time, the EPA reviewed the existing emission guideline 
(EG) (subpart Cc) and determined it was appropriate to revise it 
consistent with the promulgation of the new NSPS subpart XXX. Rather 
than merely updating subpart Cc, the EPA determined that the most 
appropriate way to proceed was to establish a new subpart Cf. (81 FR 
59276, August 29, 2016).
    The promulgation of the MSW landfills EG (subpart Cf) triggered 
states' obligation to submit state plans applying the updated EG to 
existing sources located in their states. The EPA found a number of 
states failed to submit state plans for the 2016 MSW Landfills EG. (85 
FR 14474, March 12, 2020). In May of 2021, the EPA promulgated a 
Federal plan to implement the 2016 MSW Landfills EG for existing MSW 
landfills located in jurisdications where the EPA had not approved a 
state or tribal plan. (86 FR 27756, May 21, 2021).

B. What is the purpose of this action?

    On April 13, 2021, the EPA proposed technical revisions and 
clarifications for the NESHAP for MSW Landfills and the EPA proposed 
clarifying amendments to the MSW Landfills NSPS. See 86 FR 19176. In 
this action, the EPA finalizes technical revisions and clarifications 
for the NESHAP for MSW Landfills established in the March 26, 2020, 
final rule. These technical revisions correct inadvertent errors in the 
NESHAP for MSW Landfills. This action clarifies the following: Wellhead 
monitoring requirements for the purpose of identifying excess air 
infiltration; delegation of authority to state, local, or tribal 
agencies for ``emission standards;'' applicability of the General 
Provisions to affected MSW landfills; and handling of monitoring data 
for combustion devices during periods of monitoring system breakdowns, 
repairs, calibration checks, and adjustments. This action also amends 
the MSW Landfills NSPS at 40 CFR part 60, subpart XXX, to clarify the 
timing of compliance for certain requirements of the MSW Landfills NSPS 
for existing MSW landfills that have been modified but previously 
triggered the requirement to install a GCCS under related MSW landfill 
rules. Additionally, the EPA is revising the definition of 
Administrator in the MSW Landfills Federal Plan that was promulgated on 
May 21, 2021, to clarify who is the administrator for the Federal plan 
and the administrator for a state plan. The EPA is also making some 
minor typographical corrections to NESHAP and the Federal Plan.

III. Summary of Changes Since Proposal and Response to Comments

    The EPA received two comment letters on the proposed revisions to 
the MSW Landfills NESHAP and NSPS (EPA-HQ-OAR-2002-0047-0111, EPA-HQ-
OAR-2002-0047-0112). This section summarizes the EPA's response to 
those comments and indicates where the EPA has made additional changes 
to the proposed revisions to the MSW Landfills NESHAP and NSPS, in 
part, in response to those public comments. The changes include 
clarifications to the wellhead monitoring requirements [including test 
methods], and clarifications to the compliance times for various 
landfills, especially those modifying and becoming subject to 40

[[Page 8200]]

CFR part 60, subpart XXX. For more information, see the response to 
comments document, titled, Summary of Public Comments and EPA's 
Responses for the Proposed Corrections to National Emission Standards 
for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual 
Risk and Technology Review; Correction, which is available in the 
docket for this action.

A. Wellhead Monitoring

    Comment: Commenter (0111) suggested that the EPA add language to 40 
CFR 63.1981(k) to clarify whether or not a 24-hour high temperature 
report is required for wells with landfill gas temperatures greater 
than 170 degrees Fahrenheit but less than an approved higher operating 
value (HOV).
    Response: The EPA is amending 40 CFR 63.1981(j)(2) to clarify that 
the corrective action and corresponding timelines are not required if 
the landfill has an approved HOV. We added the following phrase to the 
end of 40 CFR 63.1981 (j)(2): ``unless a higher operating temperature 
value has been approved by the Administrator for the well under this 
subpart or under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart 
XXX; or a Federal plan or EPA approved and effective state plan or 
tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR 
part 60, subpart Cf.''
    Comment: Commenter (0112) requested that EPA re-evaluate its 
proposal to require five 1-minute averages to be limited to 7 parts per 
million (ppm) variance. The commenter (0112) contends that the proposed 
requirement is unnecessarily prescriptive and says that although this 
low level of variability may be appropriate for some stationary sources 
of air emissions, such as controlled manufacturing processes, landfills 
may experience more variability than this limitation would allow. 
Commenter (0112) asserted that EPA has neither provided an explanation 
for why this requirement is necessary, nor shown that it can be 
achieved by landfills. Moreover, this requirement does not appear to be 
a necessary clarification or correction but rather an entirely new and 
unjustified compliance obligation. Therefore, unless and until EPA 
demonstrates a need for this requirement and that it is achievable by 
landfills, EPA should not finalize it in this corrections rule.
    Response: The EPA believes that a limited variability provision 
would increase the data quality when collecting samples pursuant to 40 
CFR 1961(a)(5)(vi)(D). However, the EPA agrees with the commenter that 
the CO concentrations can, under certain conditions (e.g., underground 
fires), exhibit short term CO variability higher than 7 ppm. Therefore, 
the EPA has removed the 7 ppm variability requirement and may revisit 
this when more data is available.
    Comment: Commenter (0112) requested that the EPA clarify language 
in 40 CFR 63.1961(a)(5)(vii) directing that enhanced monitoring ``must 
begin 7 days after the first measurement'' to provide that monitoring 
``must begin within 7 days to account for landfill operating hours, 
including weekends and holidays.''
    Response: The EPA has revised 40 CFR 63.1961(a)(5)(vii) to clarify 
that the requirement is to begin enhanced monitoring 7 calendar days 
after the first measurement of landfill gas temperature greater than 
62.8 degrees Celsius (145 degrees Fahrenheit). Decomposition of waste 
and monitoring a landfill are 24-hour per day/365 day per year 
operation where conditions change constantly. The EPA determined that 
it is reasonable and necessary to begin enhanced monitoring within 7 
calendar days to keep a check on high temperature conditions in the 
landfill and minimize the potential for a landfill fire.

B. Compliance Timing

    In the proposed rule, the EPA requested comment on whether the 
proposed modifications to the 2016 MSW Landfills NSPS regulations 
adequately clarify the expected compliance deadlines for controlled 
landfills that become subject to the 2016 MSW Landfills NSPS through 
modification and/or whether other approaches are needed to align the 
timing provisions of the 2016 MSW Landfills NSPS with the timing 
provisions of the MSW Landfills NESHAP. (86 FR 19176, 19182, April 13, 
2021)
    Comment: Commenter (0111) requested that the EPA should specify 
compliance deadlines for three categories of landfills:
    (1) Landfills with an NMOC emission rate less than 34 megagrams per 
year that become subject to subpart XXX through modification;
    (2) uncontrolled landfills with an NMOC emission rate between 34 
and 50 megagrams per year that become subject to subpart XXX through 
modification; and
    (3) controlled landfills that become subject to subpart XXX through 
modification.
    Response: The EPA recognizes that from July 17, 2014 (the 
applicability date of the NSPS) to June 21, 2021 (the effective date of 
the Federal plan at 40 CFR part 62 subpart OOO), landfills that modify 
could become subject to 40 CFR part 60, subpart XXX after having 
previously been subject to 40 CFR part 62, subpart GGG; 40 CFR part 60, 
subpart WWW; or a state plan implementing 40 CFR part 60, subpart Cf or 
subpart Cc. By virtue of this final action, the EPA is clarifying that 
landfills that meet the definition of a ``controlled landfill'' would 
not receive an additional 30 months to comply when they transition to 
subpart XXX.
    The EPA notes that after June 21, 2021, all three groups of 
landfills that modify as identified in this comment will have been 
previously subject only to either a state plan implementing 40 CFR part 
62, subpart Cf, or 40 CFR part 62, subpart OOO to 40 CFR part 60, 
subpart XXX. The EPA is clarifying in this rule that compliance timing 
for landfills that become subject to subpart XXX after previously being 
subject to the Federal plan subpart OOO depends on whether the facility 
is a legacy controlled landfill, a controlled landfill or an 
uncontrolled landfill, and the results and timing of the landfill's 
NMOC emission rate report.
    Landfills with an NMOC emission rate less than 34 megagrams per 
year that later become subject to subpart XXX through modification and 
have not installed controls should follow the requirements in subpart 
XXX, including the 30-month window to install and operate a GCCS. The 
landfill will submit their first NMOC report within 90 days of the date 
of construction or modification. The landfill could submit a revised 
NMOC report based on Tier 2 within 180 days of that first report, if 
desired.
    For uncontrolled landfills with an NMOC emission rate equal to or 
greater than 34 but less than 50 megagrams per year that later become 
subject to subpart XXX through modification, we are clarifying that the 
30-month clock for previously uncontrolled landfills will begin at the 
first report containing NMOC emissions greater than or equal to 34 Mg/
yr NMOC that was submitted under any of the following subparts: 40 CFR 
part 60, subpart XXX or a state plan implementing subpart Cf; or 40 CFR 
part 62, subpart OOO. We are starting the 30-month clock at the NMOC 
report submitted under that subpart for these landfills with an NMOC 
emission rate equal to or greater than 34 but less than 50 megagrams 
per year because the landfill was not otherwise subject to any 
requirement to install and operate GCCS until they became subject to 
these subparts.

[[Page 8201]]

    For controlled landfills that become subject to subpart XXX through 
modification, we do not intend to restart the 30-month clock for 
landfills reporting NMOC emissions greater than or equal to 50 Mg/yr 
NMOC under 40 CFR part 60, subpart WWW or Cc; or 40 CFR part 62, 
subpart GGG, and that submitted a design plan before the effective date 
of these 2021 subpart XXX amendments. These landfills already started 
the ``control'' process under the previous subparts and must stay on 
that previously triggered 30-month timeframe to install a GCCS in a 
timely manner.
    Comment: Commenter (0112) disagreed with the EPA's proposal not to 
allow 30 months to install and operate a GCCS as the landfill 
transitions to a new subpart. However, the commenter (0112) recognized 
that landfills with emissions 50 Mg/yr NMOC or greater will be required 
to begin complying with the same requirements to install and operate 
GCCS pursuant to NESHAP AAAA as of September 28, 2021.
    Response: For controlled landfills that become subject to subpart 
XXX through modification, the EPA does not agree that it would be 
appropriate to restart the 30-month clock for landfills reporting NMOC 
emissions greater than or equal to 50 Mg/yr NMOC under 40 CFR part 60, 
subpart WWW or Cc; or 40 CFR part 62, subpart GGG and that submitted a 
design plan before the effective date of these 2021 subpart XXX 
amendments. These landfills already started the ``control'' process 
under the previous subparts and it is reasonable to require these 
landfills to stay on that 30-month timeframe to install a GCCS in a 
timely manner. The commenter has not provided any information that 
would justify any further delay in the implementation of GCCS.
    Comment: Commenter (0112) disagreed with using any subpart WWW 
reports between 34 and 50 Mg/yr NMOC as the trigger for the 30-month 
timeframe for installation of GCCS since this would not allow the 
landfill sufficient time to prepare a design plan and install the GCCS. 
The commenter (0112) suggested alternative regulatory text.
    Response: The EPA recognizes that previous regulatory requirements 
are based on an emission rate threshold of 50 Mg/yr NMOC and that newer 
regulatory requirements are based on an emission rate threshold of 34 
Mg/yr NMOC. With these technical revisions, we intend to clarify the 
application of the 30-month clock for previously uncontrolled landfills 
reporting NMOC emissions greater than or equal to 34 Mg/yr NMOC and 
less than 50 Mg/yr NMOC under 40 CFR part 60, subpart XXX or Cf; or 40 
CFR part 62, subpart OOO. We are starting the 30-month clock at the 
NMOC report submitted under those subparts for those landfills that 
exceeded 34 Mg/yr NMOC because the 34-50 Mg/yr NMOC threshold did not 
apply until they became subject to these subparts.
    However, we do not intend to restart the 30-month clock for 
landfills reporting NMOC emissions greater than or equal to 50 Mg/yr 
NMOC under 40 CFR part 60, subpart WWW or Cc; or 40 CFR part 62, 
subpart GGG and that submitted a design plan before the effective date 
of these 2021 subpart XXX amendments. These landfills already started 
the ``control'' process under the previous subparts and it is 
reasonable to require these landfills to stay on that 30-month 
timeframe to install a GCCS in a timely manner.
    The EPA is revising 40 CFR 60.762(b)(2)(ii)(A) to read as follows:

    (A) The first annual report submitted under this subpart or part 
62 of this subchapter in which the NMOC emission rate equals or 
exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling 
demonstrates that the NMOC emission rate is less than 34 megagrams 
per year, as specified in Sec.  60.767(c)(4); or

    This approach points to 40 CFR part 60, subpart XXX or 40 CFR part 
62 (the Federal plan subpart OOO or state plans implementing subpart 
Cf). When these subpart XXX amendments are finalized, all ``existing'' 
landfills will be subject to the state and/or Federal plan implementing 
subpart Cf because the Federal plan became effective on June 21, 2021. 
Subpart OOO handles the legacy controllers separately and gives a full 
30 months for landfills with NMOC emissions greater than 34 Mg/yr and 
less than 50 Mg/yr.

C. Technical and Typographical Corrections

    In this final action, the EPA is revising the definition of 
Administrator at 40 CFR 62.16730 in the MSW Landfills Federal Plan that 
was promulgated on May 21, 2021 (86 FR 27756). The revision makes the 
definition consistent with other Federal plans such as the Federal Plan 
Requirements for Sewage Sludge Incineration Units (40 CFR part 62, 
subpart LLL), which distinguishes between the administrator of the 
Federal plan and the administrator of a state plan. In developing the 
MSW Landfills Federal Plan, the EPA inadvertently retained the 
definition of Administrator from the Emission Guidelines (40 CFR part 
60, subpart Cf), which was written in the context of states preparing a 
state plan. As currently written, the definition could be interpreted 
to allow non-delegated authority to implement and enforce the Federal 
plan. In the context of the Federal plan, the revised definition of 
Administrator clarifies that the EPA Administrator or his/her 
authorized representative have the authority to implement and enforce 
the Federal plan. To add clarity in the context of developing State 
plans, the EPA has further revised the definition of Administrator to 
clearly identify the director of the state air pollution control agency 
or his/her authorized representative, which will better allow states to 
incorporate by reference the Federal plan as their state rule applying 
to landfills in the state.
    The EPA is also correcting typographical errors in the MSW 
Landfills NESHAP that were published in the Federal Register on March 
26, 2020 (85 FR 17244) and the MSW Landfills Federal Plan that was 
published in the Federal Register on May 21, 2021 (86 FR 27756). In the 
MSW Landfills NESHAP, the EPA is correcting 40 CFR 63.1981(n) to change 
September 2, 2021 to September 27, 2021. In the MSW Landfills Federal 
Plan, the EPA is correcting a cross reference error in 40 CFR 
62.16712(b) and (c). Both paragraphs incorrectly refer to 40 CFR 
62.16712(c)(3), which does not exist. The correct reference is to 40 
CFR 62.16712(d). Finally, the EPA is correcting the omission of the 
word ``is'' in 40 CFR 62.16714(a)(4), so that the correct reading is: 
The landfill is in the closed landfill subcategory and has an NMOC 
emission rate greater than or equal to 50 megagrams per year.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. The EPA has determined 
that there is good cause for making these technical and typographical 
changes without prior proposal and opportunity for comment because, as 
explained here above, the technical correction to the definition of 
Administrator and the typographical changes are noncontroversial in 
nature and do not substantively change the requirements of the MSW 
Landfills regulations. Thus, notice and opportunity for public comment 
are unnecessary for these changes. The EPA finds that this constitutes 
good cause under 5 U.S.C. 553(b)(B).

[[Page 8202]]

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0505 for the NESHAP and OMB control number 2060-
0697 for the NSPS. The revisions include technical corrections to the 
NESHAP and NSPS and do not pose any changes to the information 
collection burden for either.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, EPA concludes that the impact of concern for 
this rule is any significant adverse economic impact on small entities 
and that the agency is certifying that this rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule has no net burden on the small entities subject to the 
rule. This action includes only technical corrections to provisions 
from the March 26, 2020, final RTR rulemaking and clarifying amendments 
to 2016 MSW Landfills NSPS and does not implement new requirements. We 
have therefore concluded that this action will have no net regulatory 
burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. Although state, 
local, or tribal governments own and operate landfills subject to these 
final amendments, this action includes only technical corrections to 
provisions from the March 26, 2020, final RTR rulemaking and clarifying 
amendments to the 2016 MSW Landfills NSPS and there are no impacts 
resulting from this regulatory action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications as specified in Executive Order 
13175. However, it will neither impose substantial direct compliance 
costs on federally recognized tribal governments nor preempt tribal 
law. As explained in the March 26, 2020, final rule, the EPA previously 
identified one tribe that owns three landfills that are potentially 
subject to the MSW Landfills NESHAP. However, this action includes only 
technical corrections to provisions from the March 26, 2020, final RTR 
rulemaking and clarifying amendments to the subpart XXX NSPS and does 
not impose any new requirements on tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629; February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is a 
technical correction to a previously promulgated regulatory action and 
does not have any impact on human health or the environment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 62

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
parts 60, 62, and 63 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart XXX--Standards of Performance for Municipal Solid Waste 
Landfills That Commenced Construction, Reconstruction, or 
Modification After July 17, 2014

0
2. Amend Sec.  60.761 by revising the definition of ``Controlled 
landfill'' to read as follows:


Sec.  60.761  Definitions.

* * * * *
    Controlled landfill means any landfill at which collection and 
control systems

[[Page 8203]]

are required under this subpart as a result of the nonmethane organic 
compounds emission rate. The landfill is considered controlled at the 
time a collection and control system design plan is submitted in 
compliance with either Sec.  60.762(b)(2)(i), 40 CFR part 60, subpart 
WWW, or a Federal plan or EPA approved and effective state plan or 
tribal plan that implements either 40 CFR part 60, subparts Cc or Cf, 
whichever regulation first required submission of a collection and 
control system design plan for the landfill.
* * * * *

0
3. Amend Sec.  60.762 by revising paragraphs (b)(2)(i) and 
(b)(2)(ii)(A) to read as follows:


Sec.  60.762  Standards for air emissions from municipal solid waste 
landfills.

* * * * *
    (b) * * *
    (2) * * *
    (i) Calculated NMOC Emission Rate. Submit an initial or revised 
collection and control system design plan prepared by a professional 
engineer to the Administrator as specified in Sec.  60.767(c) or (d); 
calculate NMOC emissions using the next higher tier in Sec.  60.764; or 
conduct a surface emission monitoring demonstration using the 
procedures specified in Sec.  60.764(a)(6). The collection and control 
system must meet the requirements in paragraphs (b)(2)(ii) and (iii) of 
this section.
    (ii) * * *
    (A) The first annual report submitted under this subpart or part 62 
of this subchapter in which the NMOC emission rate equals or exceeds 34 
megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that 
the NMOC emission rate is less than 34 megagrams per year, as specified 
in Sec.  60.767(c)(4); or
* * * * *

0
4. Amend Sec.  60.767 by revising paragraph (d) introductory text to 
read as follows:


Sec.  60.767  Reporting requirements.

* * * * *
    (d) Revised design plan. The owner or operator who has already been 
required to submit a design plan under paragraph (c) of this section, 
subpart WWW of this part, or a Federal plan or EPA-approved and 
effective state plan or tribal plan that implements subparts Cc or Cf 
of this part, must submit a revised design plan to the Administrator 
for approval as follows:
* * * * *

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

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

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

Subpart OOO--Federal Plan Requirements for Municipal Solid Waste 
Landfills That Commenced Construction On or Before July 17, 2014 
and Have Not Been Modified or Reconstructed Since July 17, 2014

0
6. Amend Sec.  62.16712 by revising paragraph (b) and paragraph (c) 
introductory text to read as follows:


Sec.  62.16712  Compliance schedule and increments of progress.

* * * * *
    (b) Compliance date. For each designated facility that has a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters and a NMOC emission rate greater than or equal to 34 
megagrams per year (50 megagrams per year for closed landfill 
subcategory), planning, awarding of contracts, and installation of 
municipal solid waste landfill air emission collection and control 
equipment capable of meeting the standards in Sec.  62.16714(b) and (c) 
must be accomplished within 30 months after the date the initial 
emission rate report (or the annual emission rate report) first shows 
that the NMOC emission rate equals or exceeds 34 megagrams per year (50 
megagrams per year for closed landfill subcategory), except as provided 
in Sec.  62.16712(d).
    (c) Compliance schedules. The owner or operator of a designated 
facility that has a design capacity equal to or greater than 2.5 
million megagrams and 2.5 million cubic meters and a NMOC emission rate 
greater than or equal to 34 megagrams per year (50 megagrams per year 
for closed landfill subcategory) must achieve the increments of 
progress specified in paragraphs (a)(1) through (5) of this section 
according to the schedule specified in paragraph (c)(1), (2), or (d) of 
this section.
* * * * *

0
7. Amend Sec.  62.16714 by revising paragraph (a)(4) to read as 
follows:


Sec.  62.16714  Standards for municipal solid waste landfill emissions.

    (a) * * *
    (4) Closed subcategory. The landfill is in the closed landfill 
subcategory and has an NMOC emission rate greater than or equal to 50 
megagrams per year.
* * * * *

0
8. Amend Sec.  62.16730 by revising the definition of ``Administrator'' 
to read as follows:


Sec.  62.16730  Definitions.

* * * * *
    Administrator means:
    (1) For municipal solid waste landfills covered by the federal 
plan, the Administrator of the EPA or his/her authorized representative 
(e.g., delegated authority);
    (2) For municipal solid waste landfills covered by an approved 
state plan, the director of the state air pollution control agency or 
his/her authorized representative.
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
9. The authority citation for part 63 continues to read as follows:

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

Subpart AAAA--National Emission Standards for Hazardous Air 
Pollutants: Municipal Solid Waste Landfills

0
10. Amend Sec.  63.1960 by revising paragraph (a)(4)(i) introductory 
text to read as follows:


Sec.  63.1960  Compliance provisions.

    (a) * * *
    (4) * * *
    (i) Once an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec.  63.1958(c)(1), the owner or operator must 
monitor each well monthly for temperature for the purpose of 
identifying whether excess air infiltration exists. If a well exceeds 
the operating parameter for temperature as provided in Sec.  
63.1958(c)(1), action must be initiated to correct the exceedance 
within 5 days. Any attempted corrective measure must not cause 
exceedances of other operational or performance standards.
* * * * *

0
11. Amend Sec.  63.1961 by revising paragraphs (a)(5)((vi) introductory 
text and (a)(5)(vi)(A), adding paragraphs (a)(5)(vi)(C) and (D), and 
revising paragraph (a)(5)(vii) to read as follows:


Sec.  63.1961  Monitoring of operations.

* * * * *
    (a) * * *
    (5) * * *
    (vi) Monitor and determine carbon monoxide concentrations, as 
follows:

[[Page 8204]]

    (A) Collect the sample from the wellhead sampling port in a 
passivated canister or multi-layer foil gas sampling bag (such as the 
Cali-5-Bond Bag) and analyze that sample using EPA Method 10 of 
appendix A-4 to part 60 of this chapter, or an equivalent method with a 
detection limit of at least 100 ppmv of carbon monoxide in high 
concentrations of methane; or
* * * * *
    (C) When sampling directly from the wellhead, you must sample for 5 
minutes plus twice the response time of the analyzer. These values must 
be recorded. The five 1-minute averages are then averaged to give you 
the carbon monoxide reading at the wellhead.
    (D) When collecting samples in a passivated canister or multi-layer 
foil sampling bag, you must sample for the period of time needed to 
assure that enough sample is collected to provide five (5) consecutive, 
1-minute samples during the analysis of the canister or bag contents, 
but no less than 5 minutes plus twice the response time of the 
analyzer. The five (5) consecutive, 1-minute averages are then averaged 
together to give you a carbon monoxide value from the wellhead.
    (vii) The enhanced monitoring described in this paragraph (a)(5) 
must begin 7 calendar days after the first measurement of landfill gas 
temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit); 
and
* * * * *

0
12. Amend Sec.  63.1975 by revising the introductory text to read as 
follows:


Sec.  63.1975  How do I calculate the 3-hour block average used to 
demonstrate compliance?

    Before September 28, 2021, averages are calculated in the same way 
as they are calculated in Sec.  60.758(b)(2)(i) of this subchapter for 
average combustion temperature and Sec.  60.758(c) for 3-hour average 
combustion temperature for enclosed combustors, except that the data 
collected during the events listed in paragraphs (a) through (d) of 
this section are not to be included in any average computed under this 
subpart. Beginning no later than September 27, 2021, averages are 
calculated according to Sec.  63.1983(b)(2)(i) for average combustion 
temperature and Sec.  63.1983(c)(1)(i) for 3-hour average combustion 
temperature for enclosed combustors, except that the data collected 
during the event listed in paragraph (a) of this section are not to be 
included in any average computed under this subpart.
* * * * *

0
13. Amend Sec.  63.1981 by revising paragraph (j)(2) and paragraph (n) 
introductory text to read as follows:


Sec.  63.1981  What reports must I submit?

* * * * *
    (j) * * *
    (2) For corrective action that is required according to Sec.  
63.1960(a)(3) or (4) and is expected to take longer than 120 days after 
the initial exceedance to complete, you must submit the root cause 
analysis, corrective action analysis, and corresponding implementation 
timeline to the Administrator as soon as practicable but no later than 
75 days after the first measurement of positive pressure or temperature 
monitoring value of 62.8 degrees Celsius (145 degrees Fahrenheit) or 
above unless a higher operating temperature value has been approved by 
the Administrator for the well under this subpart or under 40 CFR part 
60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal plan or EPA 
approved and effective state plan or tribal plan that implements either 
40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf. The 
Administrator must approve the plan for corrective action and the 
corresponding timeline.
* * * * *
    (n) Claims of force majeure. Beginning no later than September 27, 
2021, if you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of force majeure for 
failure to comply timely with the reporting requirement. To assert a 
claim of force majeure, you must meet the following requirements:
* * * * *

0
14. Amend Sec.  63.1985 by revising paragraph (c) to read as follows:


Sec.  63.1985  Who enforces this subpart?

* * * * *
    (c) The authorities that will not be delegated to state, local, or 
tribal agencies are as follows. Approval of alternatives to the 
emission standards in Sec. Sec.  63.1955 through 63.1962. Where this 
subpart references part 60, subpart WWW of this subchapter, the cited 
provisions will be delegated according to the delegation provisions of 
part 60, subpart WWW of this subchapter. For this subpart, the EPA also 
retains the authority to approve methods for determining the NMOC 
concentration in Sec.  63.1959(a)(3) and the method for determining the 
site-specific methane generation rate constant k in Sec.  
63.1959(a)(4).

0
15. Amend table 1 to subpart AAAA of part 63 by:
0
a. Revising the entry for ``Sec.  63.6(f)(1)'';
0
b. Removing the entries for ``Sec.  63.10(b)(vi)'' and ``Sec.  
63.10(b)(vii)-(xiv)'' and adding in their places entries for ``Sec.  
63.10(b)(2)(vi)'' and ``Sec.  63.10(b)(2)(vii)-(xiv)'', respectively; 
and
0
c. Revising the entry for ``Sec.  63.10(d)(3)''.
    The revisions and additions read as follows:

Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General 
Provisions to Subpart AAAA

* * * * *

         Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General Provisions to Subpart AAAA
----------------------------------------------------------------------------------------------------------------
                                                                               Applicable to
                                                            Applicable to     subpart AAAA  no
       Part 63 citation                Description           subpart AAAA        later than        Explanation
                                                          before  September    September 27,
                                                               28, 2021             2021
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.6(f)(1).............  Exemption of nonopacity   No...............  No...............
                                 emission standards
                                 during SSM.
 
                                                  * * * * * * *
Sec.   63.10(b)(2)(vi)........  Recordkeeping for CMS     No\1\............  Yes..............
                                 malfunctions.
Sec.   63.10(b)(2)(vii)-(xiv).  Other Recordkeeping of    No\1\............  Yes..............
                                 compliance measurements.
 
                                                  * * * * * * *
Sec.   63.10(d)(3)............  Reporting of visible      No \1\...........  No...............
                                 emission observations.

[[Page 8205]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Before September 28, 2021, this subpart requires affected facilities to follow part 60, subpart WWW of this
  subchapter, which incorporates the General Provisions of part 60 of this subchapter.

[FR Doc. 2022-02654 Filed 2-11-22; 8:45 am]
BILLING CODE 6560-50-P

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