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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations
making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets. Publicly available docket materials are available at https www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office SquareSuite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Offices official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures due to COVID19.
FOR FURTHER INFORMATION CONTACT:
Jessica Kilpatrick, Air Permits, Toxics, &
Indoor Programs Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Mail Code: 052, Boston, MA 021090287. Telephone: 617918
1652. Fax: 6179180652 Email:
kilpatrick.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Background II. Municipal Solid Waste Landfill Regulations III. Final Action IV. Statutory and Executive Order Reviews
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I. Background Section 111d of the Clean Air Act CAA establishes standards of performance for existing sources, specifically pertaining to the remaining useful life of a source. Air pollutants included under this section are those which have not already been established as air quality criteria pollutants via 42
U.S.C. 7408a or hazardous air pollutants via 42 U.S.C. 7412. Section 111d1 requires states to submit to the EPA for approval a plan that establishes standards of performance. The plan must provide that the state will implement and enforce the standards of performance. A Federal plan is prescribed if a state does not submit a state-specific plan or the submitted plan is disapproved. If a state has no designated facilities for a standards of performance source category, it may submit a negative declaration in lieu of a state plan for that source category according to 40 CFR 60.23ab and 62.06.
II. Municipal Solid Waste Landfill Regulations A municipal solid waste MSW
landfill is defined in 40 CFR 60.41f as, an entire disposal facility in a contiguous geographical space where household waste is placed in or on
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land. Other substances may be placed in the landfill which are regulated under Subtitle D of the Resource Conservation and Recovery Act RCRA, 40 CFR 257.2. MSW landfills emit gases generated by the decomposition of organic compounds or evolution of new organic compounds from the deposited waste. The EPA regulations specifically delineate measures to control methane and nonmethane organic compound NMOC emissions, which can adversely impact public health.
Standards of Performance for new MSW landfills, as codified at 40 CFR
part 60, subpart XXX subpart XXX, set standards for air emissions, operating standards for collection and control systems, test methods and procedures, compliance provisions, monitoring of operations, reporting requirements, recordkeeping requirements, and specifications for active collection systems. Subpart XXX applies to facilities that commenced construction, reconstruction, or modification after July 17, 2014. The Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, as codified at 40
CFR part 60, subpart Cf subpart Cf, or Emission Guidelines, apply to states with MSW landfills that accepted waste after November 8, 1987 and commenced construction, reconstruction, or modification before July 17, 2014. Such landfills are considered to be existing landfills. In states with facilities meeting the applicability criteria of an existing MSW landfill, the Administrator of an air quality program must submit a state plan to the EPA that implements the Emission Guidelines.
According to 40 CFR 60.33fd1, if the design capacity increase of a facility subject to subpart Cf is the result of a modification, as defined in subpart Cf, that was commenced after July 17, 2014, then the landfill becomes subject to subpart XXX instead of subpart Cf.
The Maine Department of Environmental Protection ME DEP
submitted a negative declaration to the EPA on March 11, 2020 pursuant to the requirements at 40 CFR 60.23ab and 62.06, certifying that there are no existing source MSW landfills in the state subject to the requirements of 40
CFR part 60, subpart Cf. ME DEP stated that its three landfills potentially subject to subpart Cf have made operational or physical changes such that the state is no longer required to develop a state plan to regulate these landfills as existing sources. One landfill closed in late 2009 and pre-control emissions of NMOC are less than 34 megagrams per year, meeting removal criteria via 40
CFR 60.33ff. The other two landfills have recently expanded their capacity
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and satisfy the definition of modification by commencing construction after July 17, 2014 and are therefore subject to Federal CAA landfill regulations pursuant to subpart XXX.
The Rhode Island Department of Environmental Management RI DEM
submitted a negative declaration to the EPA on July 28, 2020 pursuant to the requirements at 40 CFR 60.23ab and 62.06, certifying that there are no existing source MSW landfills in the state subject to the requirements of 40
CFR part 60, subpart Cf. RI DEM stated it only has one operating landfill, which expanded its capacity and commenced construction on the new phase in September 2014. The landfill satisfies the definition of modification by commencing construction after July 17, 2014 and is therefore subject to Federal CAA landfill regulations pursuant to subpart XXX.
III. Final Action The EPA is approving the Maine and Rhode Island negative declarations.
These negative declarations satisfy the requirements of 40 CFR 60.23ab and 62.06, serving in lieu of a CAA 111d state plan for existing source MSW
landfills.
The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the Proposed Rules section of this Federal Register publication, the EPA is publishing a separate document that will serve as the proposal to approve the negative declarations should relevant adverse comments be filed. This rule will be effective April 12, 2021 without further notice unless the Agency receives relevant adverse comments by March 15, 2021.
If the EPA receives such comments, we will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on April 12, 2021 and no further action will be taken on the proposed rule.
Please note that if the EPA receives adverse comments on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, the EPA may adopt as final those provisions of the
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