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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules
time since November 8, 1987, and commenced construction, reconstruction, or modification on or before July 17, 2014.
In accordance with the CAA, New York previously submitted a state plan on October 8, 1998, which was approved by the EPA on July 19, 1999.
See 64 FR 38582. New York submitted a revised State Plan dated December 11, 2019 to fulfill the requirements of section 111d of the Act. The EPA is proposing to approve New Yorks State Plan revision since it applies to major sources of NMOC and methane emissions. This proposed approval, once finalized and effective, will render New Yorks revised MSW rule federally enforceable.
B. Who is affected by New Yorks revised State Plan?
New Yorks revised State Plan applies to existing MSW landfills with a design capacity threshold of 2.5 million megagrams Mg and 2.5 million cubic meters of waste. Existing MSW landfills are landfills that have accepted waste after November 8, 1987, and began construction, reconstruction, or modification on or prior to July 17, 2014.
II. Background A. What is a state plan?
Section 111 of the CAA, Standards of Performance for New Stationary Sources, directs the EPA to establish emission standards for stationary sources of air pollution that could potentially endanger the public health or welfare. These standards are referred to as New Source Performance Standards NSPS. Section 111d addresses the process by which the EPA
and states regulate standards of performance for existing sources. When NSPS are promulgated for new sources, section 111d and EPA regulations require that the EPA publish an Emission Guideline EG to regulate the same pollutants from existing facilities.
States in which existing facilities are found must develop a state plan to adopt the requirements of the EG into the states body of regulations. States must also include in their state plans other requirements, such as inventories, legal authority, reporting and recordkeeping, and public participation documentation, to demonstrate their ability to enforce the state plans. State plan submittal and revisions under CAA
section 111d must be consistent with the applicable EG, in this case 40 CFR
part 60 subpart Cf, and the requirements of 40 CFR part 60 subpart B, and part 62 subpart A. Under CAA section
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111d, states are required to submit state plan revisions within three years after promulgation of the EPAs emission guidelines in order to incorporate the federal provisions, unless otherwise specified within the emission guidelines. The original deadline specified within 40 CFR part 60 subpart Cf for a state plan to be submitted to the EPA was May 30, 2017;
as amended on August 26, 2019, the new deadline to submit a state plan became August 29, 2019. See 40 CFR
60.30fb; 84 FR 44547, 44556 Aug. 26, 2019.
B. Why is the EPA requiring New York to submit a revised MSW landfill state plan?
On March 12, 1996, the EPA
promulgated federal Emission Guidelines EG, codified at 40 CFR part 60 subpart Cc, Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills. 61 FR 9905 Mar. 12, 1996.
Under this EG, a state plan must include the installation of a gas collection and control system at each MSW landfill that accepted waste after November 8, 1987, has a design capacity greater than or equal to 2.5 million Mg and 2.5
million cubic meters, and that emits NMOC at a rate of 50 Mg per year or more. See 40 CFR 60.33cb. In accordance with section 111 of the CAA, on September 24, 2001, the NYSDEC promulgated 6 NYCRR Part 208, Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills, in compliance with the EPAs federal EG for MSW
landfills 40 CFR part 60 subpart Cc.
Due to the significant changes within the landfill industry, such as increased scientific understanding of landfill gas emissions, and changes in operation practices, as well as increase in landfill size and age, the EPA determined that it was appropriate to update the 1996
EG. As a result, on August 29, 2016, the EPA promulgated a revised EG, codified at 40 CFR part 60 subpart Cf, entitled, Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. See 81 FR 59275 Aug. 29, 2016. The revised EG updated the control requirements, monitoring, reporting, and recordkeeping provisions for existing MSW landfill sources. The revised EG is designed to significantly reduce emissions of landfill gas containing NMOC and methane by further reducing the emissions threshold at which a landfill must install and operate a GCCS. In order to continue complying with the Act and the newly adopted EG, on August 5,
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2019, New York adopted its revised 6
NYCRR Part 208, Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills, and amended Part 200, General Provisions, with an effective date of September 4, 2019. The purpose of the revisions was to incorporate by reference the revised EG for MSW
landfills promulgated at 40 CFR part 60
subpart Cf.
On August 26, 2019, the EPA
finalized a rule referred to as the Ba Rule that amended the revised EG
codified at 40 CFR part 60 subpart Cf.
See 84 FR 44547 Aug. 26, 2019. In a separate regulatory action, entitled, Revisions to Emission Guidelines Implementing Regulations, the EPA
finalized revisions to the old implementing regulations for EG. See 84
FR 32520 Jul. 8, 2019. Specifically, the new implementing regulations at 40
CFR part 60 subpart Ba amended the timing requirements in 40 CFR 60.23
and 60.27 for the submission of state plans, the EPAs review of state plans, and the issuance of federal plans. See 40
CFR 60.23a and 60.27a. Since New Yorks revised State Plan was submitted after the final Ba rule amendments, the plan was evaluated in accordance with the new implementing regulations. The EPA is proposing to approve New Yorks State Plan since it is at least as protective as the standards set forth in the EG, as amended on August 29, 2016, and is in accordance with the new Ba implementing regulations.
C. What are the requirements for a revised MSW landfill state plan?
Under the new Ba implementing regulations, a section 111d state plan submittal must meet the completeness requirements of 40 CFR part 60 subpart Ba, sections 60.23a and 60.27ag.
Section 60.27ag states in relevant part, Any plan or plan revision that a State submits to the EPA, and that has not been determined by the EPA by the date 6 months after receipt of the submission to have failed to meet the minimum criteria, shall on that date be deemed by operation of law to meet such minimum criteria. See 40 CFR 60.27ag1. New York submitted its plan to the EPA on December 11, 2019. Since more than six months have passed since the date of the plan submission, the plan is deemed to have met the completeness criteria contained in 40 CFR 60.27ag.
The EPA has reviewed the substance of New Yorks revised State Plan in accordance with the EG at 40 CFR part 60 subpart Cf, as amended on August 29, 2016. Subpart Cf establishes EG and compliance times for the control of designated pollutants from certain
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