[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Proposed Rules]
[Pages 43745-43757]
[FR Doc No: 2019-17822]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2019-0338; FRL-9998-62-OAR]
RIN 2060-AU52

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action, the U.S. Environmental Protection Agency (EPA)
proposes a federal plan to implement the Emission Guidelines and
Compliance Times for Municipal Solid Waste Landfills (2016 MSW
Landfills EG) for existing MSW landfills located in states and Indian
country where state plans or tribal plans are not in effect. This
proposed MSW Landfills Federal Plan includes the same elements as
required for a state plan: Identification of legal authority and
mechanisms for implementation; inventory of designated facilities;
emissions inventory; emission limits; compliance schedules; a process
for the EPA or state review of design plans for site-specific gas
collection and control systems (GCCS); testing, monitoring, reporting
and record keeping requirements; public hearing requirements; and
progress reporting requirements. Additionally, this action summarizes
implementation and delegation of authority of the MSW Landfills Federal
Plan.

DATES: Comments. Comments must be received on or before October 7,
2019.
    Public Hearing. We will hold a public hearing on September 6, 2019
from 1:00 p.m. to 5:00 p.m. (Eastern Daylight Time) in Research
Triangle Park, North Carolina as specified in the ADDRESSES section of
this preamble. If no one contacts the EPA requesting to speak at the
public hearing to be held concerning this action by August 27, 2019,
the public hearing will not take place. Information regarding whether
or not a hearing will be held will be posted on the rule's website
located at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards. EPA
does not intend to publish any future documents in the Federal Register
regarding a public hearing on this proposed action and directs all
inquiries regarding a hearing to the website and contact person. See
SUPPLEMENTARY INFORMATION for information on registering and attending
a public hearing.

ADDRESSES: Comments. You may send comments, identified by Docket ID No.
EPA-HQ-OAR-2019-0338, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instrucations for submitting
comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2019-0338 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2019-0338.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2019-0338, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except federal holidays).
     Public Hearing: A public hearing will be held at the U.S.
EPA's North Carolina campus located at 109 T.W. Alexander Drive,
Research Triangle Park, NC 27711.
    Instructions: All submisison received must include the Docket ID
No. for this

rulemaking. Comments received may be posted without change to https://www.regulations.gov/ including any personal information provided. For
detailed instructions on sending comments and additional information on
the rulemaking process, see the SUPPLEMENTARY INFORMATION section of
this document.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Andrew 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:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Public hearing. Please contact Virginia Hunt at<PHONE_NUMBER> or
by email at<EMAIL_ADDRESS>to register to speak at the public
hearing, or to inquire as to whether a public hearing will be held.
    Docket. The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2019-0338. All documents in the docket are
listed on Regulations.gov. 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. Publicly
available docket materials are available either electronically in
Regulations.gov or in hard copy at the EPA Docket Center, Room 3334,
WJC West Building, 1301 Constitution Avenue NW, Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the EPA
Docket Center is<PHONE_NUMBER>.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2019-0338. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI or
otherwise protected through https://www.regulations.gov/ or email. This
type of information should be submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/ or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you submit any digital storage media that does not contain
CBI, mark the outside of the digital storage media clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and the EPA's electronic public docket without prior
notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
(CFR) part 2. Send or deliver information identified as CBI only to the
following address: OAQPS Document Control Officer (C404-02), OAQPS,
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2019-0338.
    Preamble acronyms and abbreviations. We use 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
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
CHIEF Clearinghouse for Inventories and Emissions Factors
EG Emission Guidelines
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
GCCS Gas Collection and Control System
LFG Landfill Gas
LFGCost Landfill Gas Energy Cost Model
m\3\ Cubic Meter
Mg Megagram
MSW Municipal Solid Waste
NAICS North American Industry Classification System
NESHAP National Emission Standards for Hazardous Air Pollutants
NMOC Nonmethane Organic Compounds
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act of 1995
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
ppm Parts Per Million
PRA Paperwork Reduction Act
RFA Regulatory Flexible Act
RIN Regulatory Information Number
SBAR Small Business Advocacy Review
SEM Surface Emissions Monitoring
TTN Technology Transfer Network
UMRA Unfunded Mandate Reform Act
U.S.C. United States Code
VCS Voluntary Consensus Standards

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

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
II. Background

    A. What is the regulatory development background and legal
authority for this action?
    B. What is the purpose of this action?
    C. What is the status of state plan submittals?
III. What are the designated facilities?
    A. What is a designated MSW landfill?
    B. How do I determine if my MSW landfill is covered by an
approved and effective state plan?
IV. Elements of the MSW Landfills Federal Plan
    A. Legal Authority and Enforcement Mechanism
    B. Inventory of Designated MSW Landfills
    C. Inventory of Emissions
    D. Emission Limits and Operating Limits
    E. Compliance Schedule
    F. Process for Review and Approval of Site-Specific Design Plans
    G. Testing, Monitoring, Recordkeeping, and Reporting
Requirements
    H. Requirement for Public Hearing
V. Summary of Proposed MSW Landfills Federal Plan Requirements
    A. What are the proposed applicability requirements?
    B. What are the proposed compliance schedules?
    C. What emissions and operating limits is the EPA proposing to
incorporate into the federal plan?
    D. What are the proposed performance testing and monitoring
requirements?
    E. What are the proposed recordkeeping and reporting
requirements?
VI. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Mechanisms for Transferring Authority
    C. Implementing Authority
    D. Delegation of the Federal Plan and Retained Authorities
VII. Title V Operating Permits
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR part 51
    K. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does this action apply to me?

    This proposed action addresses existing MSW landfills and
associated solid waste management programs. For the purpose of this
regulation, existing MSW landfills are those that accepted waste after
November 8, 1987, and commenced construction on or before July 17,
2014. Table 1 of this preamble lists the associated regulated
industrial source categories that are the subject of this action. Table
1 of this preamble is not intended to be exhaustive, but rather
provides a guide for readers regarding the entities that this proposed
action is likely to affect. The proposed standards, once promulgated,
will be directly applicable to the designated facilities.

                       Table 1--Regulated Entities
------------------------------------------------------------------------
                                         Examples of
          Source category                potentially         NAICS \1\
                                     regulated entities
------------------------------------------------------------------------
Industry: Air and water resource    Solid waste                   924110
 and solid waste management.         landfills.
Industry: Refuse systems--solid     Solid waste                   562212
 waste landfills.                    landfills.
State, local, and tribal            Administration of             924110
 government agencies.                air and water
                                     resource and solid
                                     waste management
                                     programs.
------------------------------------------------------------------------
\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 proposed action at
https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards. Following publication
in the Federal Register, the EPA will post the Federal Register version
of this proposed action and key technical documents at this same
website.
    As provided by the Administrative Procedure Act (5 U.S.C.
553(b)(3)), the EPA has generally described the proposed changes to
part 62 rather than setting out the specific changes. For the
convenience of the reader, the EPA is also providing regulatory text as
it would look with the proposed changes in redline in the docket rather
than in this Federal Register document. See Proposed Regulatory Text
for MSW Landfills Federal Plan (40 CFR part 62, subpart OOO), in Docket
ID No. EPA-HQ-OAR-2019-0338. Submit public comments using the same
mechanisms described in the DATES and ADDRESSES sections of this
preamble.

II. Background

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

    Under authority of the Clean Air Act (CAA), the EPA has promulgated
several regulations that apply to MSW landfills. In 1996, under CAA
section 111, the EPA promulgated the original standards of performance
for new MSW landfills (i.e., new source performance standards or NSPS)
at 40 CFR part 60, subpart WWW, and EG for existing MSW landfills at 40
CFR part 60, subpart Cc (61 FR 9905; March 12, 1996). The NSPS and EG
are based on the Administrator's determination that MSW landfills
cause, or contribute significantly to, air pollution that may
reasonably be anticipated to endanger public health or welfare. In
1999, the EPA promulgated a federal plan under CAA section 111 to
implement the 1996 EG for landfills located in states that did not have
approved and effective state plans (40 CFR part 62, subpart GGG) (64 FR
60689, November 8, 1999). The federal plan was necessary to implement
the 1996 EG for MSW landfills located in states and Indian country
where state plans or tribal plans were not in effect. In 2003, the EPA
promulgated national emission standards for hazardous air pollutants
(NESHAP) under CAA section 112 to regulate hazardous air pollutant
(HAP) emissions from MSW landfills (40 CFR part 63, subpart AAAA) (68
FR 2227, January 16, 2003). The 2003 NESHAP fulfills the requirements
of CAA section 112(d), which requires the EPA to regulate HAP listed in
CAA section 112(b) and helps implement the Urban Air Toxics Strategy
under CAA section 112(k). To control emissions of HAP from area sources
in urban areas, the

EPA developed a strategy identifying 33 HAP that present the greatest
threat to public health in the largest number of urban areas as the
result of emissions from area sources. MSW landfills were listed on
July 19, 1999, as an area source category to be regulated pursuant to
CAA section 112(k) because 13 of the listed HAP are emitted from MSW
landfills.
    In 2016, the EPA reviewed and revised the MSW Landfills NSPS at 40
CFR part 60, subpart XXX, and the EG for existing MSW landfills at 40
CFR part 60, subpart Cf (81 FR 59276 and 59332, August 29, 2016). For
the 2016 rulemaking, the EPA reviewed the NSPS and EG based on changes
in the landfills industry since the rules were first promulgated in
1996, including changes to the size and number of existing landfills,
industry practices, and gas control methods and technologies. Based on
its review, the EPA made several revisions to further reduce emissions
of landfill gas and its components. The major changes included reducing
the emissions threshold at which an MSW landfill must install controls
from 50 megagrams (Mg) per year of nonmethane organic compounds (NMOC)
to 34 Mg per year NMOC. Additionally, the EPA developed a subcategory
for closed landfills because closed landfills do not produce as much
landfill gas (LFG) as an active landfill. Landfills in this subcategory
remain subject to an NMOC emission threshold of 50 Mg per year for
determining when controls must be installed or can be removed. The EPA
is now proposing a federal plan for the 2016 MSW Landfills EG.

B. What is the purpose of this action?

    On August 29, 2016, the EPA promulgated revisions to the 2016 MSW
Landfills EG. The CAA regulations implementing EG require states with
existing MSW landfills subject to the EG to submit to the EPA state
plans to implement and enforce the EG. The state plans to implement the
2016 MSW Landfills EG were due on May 30, 2017. For states that did not
submit an approvable plan by that deadline, CAA section 111 and 40 CFR
60.27(c) and (d) require the EPA to develop, implement, and enforce a
federal plan for existing MSW landfills located in any state (i.e.,
state, territory, or protectorate) or Indian country that does not have
an approved state plan that implements the 2016 MSW Landfills EG. This
action proposes an MSW Landfills Federal Plan to implement the 2016 MSW
Landfills EG for those areas without an approved state plan. For the
purposes of this preamble and the proposed MSW Landfills Federal Plan,
the word ``state'' means any of the 50 United States and the
protectorates of the United States. The word ``protectorate'' means
American Samoa, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, the Northern Mariana Islands, and the Virgin Islands.

C. What is the status of state plan submittals?

    The EPA has received eight plans to implement the 2016 MSW
Landfills EG, which includes submittals form the following: Arizona
(one plan covering Maricopa County, one covering Pinal County, and
another covering the remainder of the state), California, Delaware, New
Mexico (one plan covering Albuquerque-Bernalillo County and another
covering the rest of the state), and West Virginia. The EPA has
proposed action on these state plans, but the actions have not been
finalized. See e.g., 84 FR 32363 (July 8, 2019) (Arizona); 84 FR 32365
(July 8, 2019) (Pinal County, Arizona); 84 FR 31278 (July 1, 2019)
(West Virginia); 84 FR 31279 (July 1, 2019) (Delaware); 84 FR 29138
(June 21, 2019) (New Mexico and Albuquerque-Bernalillo County); and 84
FR 36863 (July 30, 2019) (California). The plan from Maricopa County,
Arizona, was withdrawn on July 3, 2019. The EPA is not aware of any
tribes that have developed plans to implement the 2016 MSW Landfills EG
or submitted negative declaration letters. The EPA is proposing this
MSW Landfills Federal Plan to implement the 2016 MSW Landfills EG in
states, territories, protectorates, and Indian country, that do not
have an approved and effective state or tribal plan.
    The MSW landfills covered by the state plans submitted to date
would not be subject to the MSW Landfills Federal Plan once the state
plan that includes those MSW landfills has been approved and becomes
effective. However, MSW landfills located in those states would be
subject to the federal plan (or portions of the federal plan) in the
event that the state plan is subsequently disapproved, in whole or in
part. Table 2 of this preamble summarizes the status of state plans and
negative declarations as of July 15, 2019.

                     Table 2--Status of State Plans
------------------------------------------------------------------------
              Status                               States
------------------------------------------------------------------------
I. EPA-Approved State Plans.......  None.
II. Negative Declaration Submitted  None.
 to the EPA.
III. Final State Plans Submitted    Arizona (one plan covering Pinal
 to the EPA.                         County, and another covering the
                                     remainder of the state),
                                     California, Delaware, New Mexico
                                     (one plan covering Albuquerque and
                                     Bernalillo County and another
                                     covering the rest of the state),
                                     and West Virginia.
IV. EPA Has Not Received a Final    Alabama, Alaska, Arkansas, Colorado,
 State Plan or Negative              Connecticut, Florida, Georgia,
 Declaration.                        Hawaii, Idaho, Illinois, Indiana,
                                     Iowa, Kansas, Kentucky, Louisiana,
                                     Maine, Maryland, Massachusetts,
                                     Michigan, Minnesota, Mississippi,
                                     Missouri, Montana, Nebraska,
                                     Nevada, New Hampshire, New Jersey,
                                     New York, North Carolina, North
                                     Dakota, Ohio, Oklahoma, Oregon,
                                     Pennsylvania, Puerto Rico, Rhode
                                     Island, South Carolina, South
                                     Dakota, Tennessee, Texas, Utah,
                                     Vermont, Virginia, Virgin Islands,
                                     Washington, Wisconsin, Wyoming.
------------------------------------------------------------------------

    As the EPA Regional offices approve implementation plans, they will
also, in the same action, amend the appropriate subpart of 40 CFR part
62 to codify their approvals. MSW landfill owners or operators can also
contact the EPA Regional office for the state in which their MSW
landfill is located to determine whether there is an approved and
effective state plan in place.
    Table 3 of this preamble lists the addresses for the EPA Regional
offices and the states and Indian countries that they cover.

                      Table 3--EPA Regional Offices
------------------------------------------------------------------------
                                                         States and
           Region                    Address             territories
------------------------------------------------------------------------
Region I....................  5 Post Office         Connecticut,
                               Square--Suite 100,    Massachusetts,
                               Boston, MA 02109-     Maine, New
                               3912.                 Hampshire, Rhode
                                                     Island, Vermont.
Region II...................  290 Broadway, New     New York, New
                               York, NY 10007-1866.  Jersey, Puerto
                                                     Rico, Virgin
                                                     Islands.
Region III..................  Air Protection        Virginia, Delaware,
                               Division, Mail Code   District of
                               3AP00, 1650 Arch      Columbia, Maryland,
                               Street,               Pennsylvania, West
                               Philadelphia, PA      Virginia.
                               19103-1129.
Region IV...................  61 Forsyth Street     Florida, Georgia,
                               SW, Atlanta, GA       North Carolina,
                               30303-3104.           Alabama, Kentucky,
                                                     Mississippi, South
                                                     Carolina,
                                                     Tennessee.
Region V....................  Mail Code A-17J, 77   Minnesota,
                               West Jackson Blvd.,   Wisconsin,
                               Chicago, Il 60604-    Illinois, Indiana,
                               3590.                 Michigan, Ohio.
Region VI...................  1st International     Arkansas, Louisiana,
                               Building, 1201 Elm    New Mexico,
                               St., Dallas, TX       Oklahoma, Texas.
                               75270.
Region VII..................  Air and Waste         Iowa, Kansas,
                               Management            Missouri, Nebraska.
                               Division, 11201
                               Renner Boulevard,
                               Lenexa, Kansas
                               66219.
Region VIII.................  Director, Air         Colorado, Montana,
                               Program, Office of    North Dakota, South
                               Partnerships and      Dakota, Utah,
                               Regulatory            Wyoming.
                               Assistance, Mail
                               Code 8P-AR, 1595
                               Wynkoop Street,
                               Denver, CO 80202-
                               1129.
Region IX...................  75 Hawthorne Street,  Arizona, California,
                               San Francisco, CA     Hawaii, Nevada,
                               94105.                American Samoa,
                                                     Guam, Northern
                                                     Mariana Islands.
Region X....................  1200 6th Avenue,      Washington, Alaska,
                               Suite 155, Seattle,   Idaho, Oregon.
                               WA 98101.
------------------------------------------------------------------------

III. What are the designated facilities?

A. What is a designated MSW landfill?

    The designated facility for this MSW Landfills Federal Plan is each
MSW landfill that (1) commenced construction, reconstruction, or
modification prior to July 17, 2014, and has not been modified or
reconstructed since then, and (2) has accepted waste since November 8,
1987, or has capacity for future waste deposition.
    This MSW Landfills Federal Plan will apply to existing MSW
landfills located in: (1) Any state or portion of Indian country for
which a state or tribal plan that implements the 2016 MSW Landfills EG
has not become effective in whole or in part; (2) any state or portion
of Indian country for which the state or tribe submitted a negative
declaration; (3) any state or portion of Indian country with an
effective state or tribal plan that subsequently is vacated in whole or
in part; or (4) any state or portion of Indian country with an
effective plan that subsequently revises any component of the plan
(e.g., the underlying legal authority or enforceable mechanism) such
that the state or tribal plan no longer meets the requirements of the
2016 MSW Landfill EG. An MSW landfill that meets any of these criteria
is covered by the MSW Landfills Federal Plan until a state or tribal
plan to implement and enforce the 2016 MSW Landfills EG is approved
according to the requirements in 40 CFR part 60, subpart B, and becomes
effective. If a state or tribal plan is approved in part, portions of
the federal plan will apply to the designated MSW landfills in lieu of
the disapproved portions of the plan until the state or tribe addresses
the deficiencies in the plan and the revised plan is approved by the
EPA.
    If an existing MSW landfill subject to the federal plan increases
its permitted volume design capacity through vertical or horizontal
expansion (i.e., is modified) on or after July 17, 2014, it would be
subject to the MSW Landfills NSPS (40 CFR part 60, subpart XXX) (see 81
FR 59332, August 29, 2016) and would no longer be subject to the
federal plan. An existing MSW landfill that makes operational changes
without increasing the horizontal or vertical dimensions of the
landfill would continue to be subject to the federal or state plan that
implements the 2016 MSW Landfills EG, rather than the NSPS.

B. How do I determine if my MSW landfill is covered by an approved and
effective state plan?

    An approved state or tribal plan is a plan that the EPA has
reviewed and approved in whole or in part based on the requirements in
40 CFR part 60, subpart B, to implement and enforce the 2016 MSW
Landfills EG. Throughout this preamble, references to approved state
plans apply to both whole state plans and portions of state plans. The
state plan becomes effective on the date specified in the notice
published in the Federal Register announcing the EPA's approval. The
effective date of this action will be 30 days after the final federal
plan is published in the Federal Register.
    The 2016 MSW Landfills Federal Plan will not apply to landfills
appropriately covered by an approved and effective state or tribal
plan. If a state or tribal plan becomes effective before promulgation
of the federal plan, the promulgated MSW Landfills Federal Plan will
not apply to landfills appropriately covered by that plan. Promulgation
of this MSW Landfills Federal Plan does not preclude a state or tribe
from submitting a plan later. If a state or tribe submits a plan after
promulgation of the MSW Landfills Federal Plan, the EPA will review and
approve or disapprove the plan. Upon the effective date of the approved
state or tribal plan, the federal plan will no longer apply. States and
tribes are, therefore, encouraged to continue their efforts to develop
and submit state and tribal plans to the EPA for approval.
    MSW landfill owners or operators can contact the EPA Regional
office for the state or Indian country in which their MSW landfill is
located to determine whether there is an approved and effective state
plan in place. Table 3 of this preamble lists the addresses of the EPA
Regional offices and the states and Indian countries that they cover.

IV. Elements of the MSW Landfills Federal Plan

    Section 111(d) of the CAA, as amended, 42 U.S.C. 7411(d), requires
states to develop and implement state plans for MSW landfills to
implement and enforce the 2016 MSW Landfills EG. This proposed federal
plan will establish standards in the absence of an approved and
effective state plan. Because this proposed federal plan will establish
standards in the absence of an approved and effective state plan, this
action includes the same elements as a state plan: (1) Identification
of legal authority and mechanisms for implementation; (2) inventory of
designated facilities; (3) inventory of emissions; (4) emission limits;
(5) compliance schedules; (6) process for the EPA or state review of
site-specific

design plans for GCCS; (7) testing, monitoring, reporting, and
recordkeeping requirements; (8) public hearing requirements; and (9)
progress reporting requirements. This section of the preamble explains
the proposed federal plan elements. Additionally, Table 4 of this
preamble identifies each element and indicates where it is located or
codified.

        Table 4--Location of MSW Landfills Federal Plan Elements
------------------------------------------------------------------------
  Element of the MSW landfills federal
                  plan                      Where located or codified
------------------------------------------------------------------------
a. Identification of legal authority     Section 111(d)(2) of the CAA
 and mechanisms for implementation.       and section IV.A of this
                                          preamble.
b. Inventory of designated facilities..  EPA-HQ-OAR-2019-0338.
c. Inventory of emissions..............  EPA-HQ-OAR-2019-0338.
d. Emission limits.....................  40 CFR 62.714 of proposed
                                          subpart OOO.
e. Compliance schedules................  40 CFR 62.712 of proposed
                                          subpart OOO.
f. Process for review and approval of    Section IV.F of this preamble.
 site-specific design plans for GCCS.
g. Testing, monitoring, reporting, and   40 CFR 62.718, 62.722, 62.724,
 recordkeeping requirements.              and 62.726 of proposed subpart
                                          OOO and section IV.G of this
                                          preamble.
h. Public hearing requirements.........  Section IV.H of this preamble.
i. Progress reports....................  Section IV.I of this preamble.
------------------------------------------------------------------------

A. Legal Authority and Enforcement Mechanism

    Section 111(d) of the CAA directs the EPA to develop a federal plan
for states that do not submit approvable state plans. Section 111 of
the CAA provides the EPA with the authority to implement and enforce
the federal plan in cases where the state fails to submit a fully
satisfactory state plan.

B. Inventory of Designated MSW Landfills

    The docket for this action includes an inventory of the MSW
landfills that may potentially be covered by this proposed federal plan
in the absence of approved state or tribal plans. There are an
estimated 1,913 landfills potentially covered by this proposed federal
plan. These landfills exist in all 50 states and the U.S. territories
of Puerto Rico and the Virgin Islands. Additionally, one tribal entity,
the Salt River Pima Maricopa Indian Community, would be covered by this
proposed federal plan. The EPA developed the inventory of landfills by
identifying existing landfills that are expected to be covered by the
federal plan as of July 15, 2019, using the databases developed for the
2016 MSW Landfills EG and NSPS. For a discussion of the sources, their
locations, and information used to develop the source list, see the
memorandum, Developing a Federal Plan Source and Emission Inventory,
which is available in the docket for this action. Any MSW landfill that
meets the applicability criteria in this action will be subject to the
federal plan, regardless of whether it is listed in the inventory in
Docket ID No. EPA-HQ-OAR-2019-0338. The EPA requests that states or
owners or operators identify additional sources for inclusion on the
list during the comment period for this action.

C. Inventory of Emissions

    The EPA estimated the emissions from the inventory of existing MSW
landfills that are expected to be covered by the federal plan as of
July 15, 2019. Pollutant emissions are expressed in Mg NMOC per year in
calendar year 2019. Table 5 of this preamble summarizes the results of
the inventory. Although the EPA has proposed to approve some state
plans in whole or in part, to date none of the actions on the proposed
state plans have been finalized. Therefore, the inventory includes all
existing MSW landfills in the U.S. that meet the applicable criteria.
The inventory will be updated before promulgation of the federal plan
to exclude sources and emissions that are located in states for which
an approved state plan is subsequently promulgated.
    The EPA estimated emissions from MSW landfills by first estimating
the LFG generation rates of landfills identified in the source
inventory, using a first-order decay equation. The decay equation uses
default values from Compilation of Air Pollutant Emission Factors (AP-
42) for the methane generation potential (L0), the methane
generation rate (k), and the NMOC concentration.\1\ Next, the EPA
estimated when the MSW landfills in the source inventory would control
emissions under the previous regulatory level (NMOC emissions of 50 Mg
per year). To determine the timing of these controls, the EPA modeled
emissions using Tier 1 default values from 40 CFR part 60, subpart WWW
for the L0 and k, but applied the NMOC concentration in AP-
42 for determining when MSW landfills would meet the regulatory NMOC
emissions threshold. The Tier 1 default values in subpart WWW for
L0 and k are conservatively high for the purpose of
estimating actual emissions; therefore, they are used only for
estimating uncontrolled emissions to determine when MSW landfills could
exceed the threshold and be required to install a GCCS. The EPA also
factored in lag times to account for the initial 30-month time period
between when the MSW landfill exceeds the emission rate threshold until
the MSW landfill must install and operate controls, and the periodic
expansion of the GCCS into new areas of waste placement (5 years for
active areas and 2 years for areas that are closed or at final grade).
After determining the timing of controls required by the regulation,
the actual amount of collected gas was estimated using AP-42 defaults
for L0, k, and NMOC, and an assumed collection efficiency of
85 percent and an assumed destruction efficiency of 98 percent. The
remaining emissions, after considering controls, represent the modeled
NMOC emissions based on LFG generation and AP-42 default parameters
minus the emission reductions. See the memorandum, Developing a Federal
Plan Source and Emission Inventory, which is available in the docket
for this action, for the complete emissions inventory, including
detailed emissions from MSW landfills in each state, and details on the
calculations used to determine those emissions. These estimates are
based solely on the modeled emissions remaining after considering
controls required by 40 CFR part 60, subparts WWW and Cc, and do not
include any additional emissions reductions from voluntary actions,
such as early installation of the GCCS.
---------------------------------------------------------------------------

    \1\ U.S. EPA, AP-42, Fifth Edition, Compilation of Air Pollutant
Emission Factors, Volume 1: Stationary Point and Area Sources. 1995.
http://www.epa.gov/ttnchie1/ap42/.

Table 5--Summary of Estimated NMOC Emissions From Existing MSW Landfills
               Expected To Be Covered by the Federal Plan
------------------------------------------------------------------------
                                                             2019 NMOC
                      Region/state                         emissions (Mg
                                                             per year)
------------------------------------------------------------------------
                                Region 1
------------------------------------------------------------------------
Connecticut.............................................             118
Maine...................................................              85
Massachusetts...........................................             429
New Hampshire...........................................              77
Rhode Island............................................              47
Vermont.................................................              47
------------------------------------------------------------------------
                                Region 2
------------------------------------------------------------------------
New Jersey..............................................             387
New York................................................             970
Puerto Rico.............................................             230
Virgin Islands..........................................              14
------------------------------------------------------------------------
                                Region 3
------------------------------------------------------------------------
Delaware................................................              44
Maryland................................................             462
Pennsylvania............................................           1,313
Virginia................................................             916
West Virginia...........................................             199
------------------------------------------------------------------------
                                Region 4
------------------------------------------------------------------------
Alabama.................................................             437
Florida.................................................           1,157
Georgia.................................................           1,035
Kentucky................................................             574
Mississippi.............................................             213
North Carolina..........................................             993
South Carolina..........................................             430
Tennessee...............................................             860
------------------------------------------------------------------------
                                Region 5
------------------------------------------------------------------------
Illinois................................................           1,361
Indiana.................................................             837
Michigan................................................           1,219
Minnesota...............................................             263
Ohio....................................................           1,251
Wisconsin...............................................             547
------------------------------------------------------------------------
                                Region 6
------------------------------------------------------------------------
Arkansas................................................             346
Louisiana...............................................             563
New Mexico..............................................             201
Oklahoma................................................             324
Texas...................................................           2,045
------------------------------------------------------------------------
                                Region 7
------------------------------------------------------------------------
Iowa....................................................             380
Kansas..................................................             354
Missouri................................................             485
Nebraska................................................             265
------------------------------------------------------------------------
                                Region 8
------------------------------------------------------------------------
Colorado................................................             742
Montana.................................................              86
North Dakota............................................              51
South Dakota............................................              78
Utah....................................................             287
Wyoming.................................................              48
------------------------------------------------------------------------
                                Region 9
------------------------------------------------------------------------
Arizona.................................................             597
California..............................................           3,018
Hawaii..................................................             111
Nevada..................................................              38
------------------------------------------------------------------------
                                Region 10
------------------------------------------------------------------------
Alaska..................................................              94
Idaho...................................................             138
Oregon..................................................             376
Washington..............................................             404
------------------------------------------------------------------------

D. Emission Limits and Operating Limits

    This proposed federal plan contains emission limits that correspond
to the 2016 MSW Landfills EG, which are summarized in section V.C of
this preamble. In accordance with 40 CFR 60.27(e), this action does not
propose to revise the final limits. Instead, it proposes to implement
the emission limits as promulgated in the 2016 MSW Landfills EG for
existing sources in states that do not have an approved state plan.

E. Compliance Schedule

    According to 40 CFR 60.24(e)(1), increments of progress are
required for any compliance schedule that is longer than 12 months. The
proposed federal plan would require owners or operators of existing MSW
landfills with design capacities equal to or greater than 2.5 million
Mg and 2.5 million cubic meters (m\3\) to install GCCS within 30 months
of reaching or exceeding 34 Mg per year NMOC. This proposed federal
plan would require owners or operators of existing closed MSW
landfills--those that have submitted a closure report as specified in
40 CFR 62.724(f) with design capacities equal to or greater than 2.5
million Mg and 2.5 million m\3\--to install GCCS within 30 months of
reaching or exceeding 50 Mg per year NMOC. This proposed federal plan
includes increments of progress, which are the primary mechanisms for
ensuring progress toward final compliance with the emission guidelines.
Each increment of progress has a specified date for achievement
described in section V.B of this preamble.

F. Process for Review and Approval of Site-Specific Design Plans

    The 2016 MSW Landfills EG requires plans to include a process for
review and approval of site-specific design plans for required GCCS
(see 40 CFR 60.38f(d)). As previously discussed, if the existing MSW
landfill has (1) a design capacity equal to or greater than 2.5 million
Mg and 2.5 million m\3\ and (2) NMOC emissions equal to or exceeding 34
Mg per year (50 Mg per year for the closed landfill subcategory), the
landfill owner or operator must submit the cover page containing the
engineer's seal of the site-specific design plan. The EPA Regional
office will make a decision within 90 days about whether the entire
plan should be submitted for review. In cases where the state or tribe
has been delegated authority to implement this aspect of the federal
plan, the state or tribe would review the design plans. See section VI
of this preamble for a discussion of federal plan delegation.
    When the EPA opts to review the entire plan, the EPA intends to
review design plans as expeditiously as possible to allow sufficient
time after approval of the plans for the landfills to install controls
prior to the compliance date. The EPA will initially review the design
plans for completeness and the source will be notified if any items are
missing. The EPA will then review the plans for acceptability, and,
once that review is completed, the EPA will notify the source and the
state or tribe in writing of the acceptability of the plan. If the plan
is not acceptable, the source will be given an appropriate amount of
time to make the necessary changes. However, the date by which a GCCS
must be completed and in compliance remains unchanged, i.e., 30 months
after the emission rate report first shows NMOC emissions greater than
or equal to 34 Mg per year (50 Mg per year for the closed landfill
subcategory).

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

    The proposed federal plan includes testing, monitoring,
recordkeeping, and reporting requirements, as described in sections V.D
and E of this preamble. These proposed requirements correspond with the
2016 MSW Landfills EG. Testing, monitoring, recordkeeping, and
reporting requirements will assure initial and ongoing compliance.

H. Requirement for Public Hearing

    According to 40 CFR 60.27(f), the EPA must provide the opportunity
for a public hearing prior to promulgation of

a federal plan. For this MSW Landfills Federal Plan, the EPA will offer
the opportunity for a public hearing in Research Triangle Park, North
Carolina, as specified in the ADDRESSES and DATES sections of this
preamble.

V. Summary of Proposed MSW Landfills Federal Plan Requirements

A. What are the proposed applicability requirements?

    The proposed federal plan applicability criteria (40 CFR 62.711)
reflect the 2016 MSW Landfills EG (40 CFR 60.31f). The designated
facility for this MSW Landfills Federal Plan is described in section
III.A of this preamble.

B. What are the proposed compliance schedules?

    Owners or operators of MSW landfills subject to the federal plan
will be required to submit a design capacity report within 90 days
after the effective date of the federal plan (40 CFR 62.724(a)). If the
design capacity indicates a capacity equal to or greater than 2.5
million Mg and 2.5 million m\3\ of solid waste a landfill can accept,
an annual NMOC emission rate report must also be submitted within 90
days after the effective date of the federal plan and then every 12
months until the landfill installs a GCCS (40 CFR 62.724(c)).
    If the first NMOC emission rate report shows emissions less than 34
Mg per year NMOC (50 Mg per year for the closed landfill subcategory),
then the owner or operator must recalculate NMOC emissions annually and
submit annual NMOC emission rate reports unless the MSW landfill is
closed. (See 40 CFR 62.718 for conditions under which 5-year reports
rather than annual reports may be submitted.) If an emission rate
report shows that NMOC emissions equal or exceed 34 Mg per year, the
owner or operator must begin following enforceable increments of
progress to install a GCCS within 30 months of reaching or exceeding 34
Mg per year NMOC (40 CFR 62.712). Therefore, the generic schedule for
the increments of progress starts with the date of the first annual
emission rate report that shows NMOC emissions equal or exceed 34 Mg
per year (50 Mg per year for the closed landfill subcategory) (40 CFR
62.712(c)). Alternatively, a landfill may follow Tier 4 as discussed
later in this section (40 CFR 62.718(a)(6)). For the closed landfill
subcategory, if an emission rate report shows that NMOC emissions equal
or exceed 50 Mg per year, the owner or operator must begin following
enforceable increments of progress to install a GCCS within 30 months
of reaching or exceeding 50 Mg per year NMOC.
    This proposed MSW Landfills Federal Plan includes the five
increments of progress and provides flexibility to establish the
increment dates (40 CFR 62.712). The proposed MSW Landfills Federal
Plan contains a generic compliance schedule (Table 1 to 40 CFR part 62,
subpart OOO) that applies to designated MSW landfills unless the EPA
approves an alternative schedule according to the criteria in 40 CFR
60.27(e)(2).
    The five mandatory increments of progress are as follows:
    1. Submit final control plan (design plan)--1 year after the first
annual emission rate report showing NMOC emissions >=34 Mg per year
(>=50 Mg per year for the closed landfill subcategory).
    2. Award contracts for control systems or orders for purchase of
components--20 months after the first annual emission rate report
showing NMOC emissions >=34 Mg per year (>=50 Mg per year for the
closed landfill subcategory).
    3. Begin on-site construction or installation of the GCCS--24
months after the first annual emission rate report showing NMOC
emissions >=34 Mg per year (>=50 Mg per year for the closed landfill
subcategory).
    4. Complete on-site construction or installation of the GCCS--30
months after the first annual emission rate report showing NMOC
emissions >=34 Mg per year (>=50 Mg per year for the closed landfill
subcategory).
    5. Achieve final compliance--30 months after the first annual
emission rate report showing NMOC emissions >=34 Mg per year (>=50 Mg
per year for the closed landfill subcategory). Note that the initial
performance test to demonstrate compliance must be conducted within 180
days after the date the landfill is required to achieve final
compliance.
    The date for the first, fourth, and fifth increments is established
in the 2016 MSW Landfill EG. According to 40 CFR 60.27(e)(1), federal
plan compliance times may be no less stringent than those established
in the EG.
    The EPA selected the proposed dates for the middle two increments
(awarding contract and initiating on-site construction) to allow a
reasonable period of time for MSW landfills to complete these
activities. These increments of progress are required by 40 CFR 60.24,
but dates are not specified in the 2016 MSW Landfills EG. The EPA
established these dates to match the dates included in the previous
federal plan for MSW landfills (40 CFR part 62, subpart GGG) because
the two plans require the same increments of progress to achieve
compliance. The proposed date for awarding contracts is 20 months after
the first annual NMOC emission rate report showing NMOC emissions
greater than or equal to 34 Mg per year (50 Mg per year for the closed
landfill subcategory), which is 8 months after the proposed date that
the design plan is due. This 8-month time frame would allow adequate
time for the regulatory agency to review and approve the design plan
and for the MSW landfill owner or operator to solicit bids based on the
design plan and award the contract(s).
    The proposed date for initiating on-site construction is 24 months
after the first annual emission report showing NMOC emissions greater
than or equal to 34 Mg per year (50 Mg per year for the closed landfill
subcategory) is due (4 months after contract award). This 4-month
period would allow time for the contractor to mobilize and obtain
materials necessary to begin construction. A later date would not be
practical because the date for completing on-site construction and
final compliance is 30 months after the first annual emission rate
report showing NMOC emissions greater than or equal to 34 Mg per year
(50 Mg per year for the closed landfill subcategory). If construction
is not initiated by 24 months after the first annual emission rate
report showing NMOC emissions greater than or equal to 34 Mg per year
(50 Mg per year for the closed landfill subcategory), it is unlikely
that the construction could be completed by the final compliance date.
Some MSW landfills may want to initiate on-site construction earlier to
assure that they can meet the final compliance date. The fourth
increment, completion of on-site construction, would need to be
completed by the final compliance date (increment 5) in order for the
landfill to achieve compliance.
    Owners and operators employing Tier 4 would follow the generic
compliance schedule for Tier 4 landfills in Table 1 to 40 CFR part 62,
subpart OOO. Increment 1 is triggered by the first measured
concentration of methane of 500 parts per million (ppm) or greater,
rather than the initial NMOC emission rate report showing NMOC
emissions 34 Mg per year or greater. Landfills employing Tier 4 would
continue to submit an annual NMOC emission rate report (40 CFR
62.724(c)). Timing of increments 2 through 5 for Tier 4 landfills are
based on the most recent NMOC emission rate report showing NMOC
emissions 34 Mg per year or greater.

    For all landfills, the EPA recognizes that flexibility may be
needed for increment 2 (award contract) and increment 3 (begin
construction) given facility-specific GCCS considerations and
constraints. Therefore, the EPA will accept facility-specific
compliance schedules from MSW landfill owners or operators, as allowed
under 40 CFR 60.27(e)(2).
    The MSW landfill owner or operator would submit alternative dates
for increments 2 and 3 and a justification to the EPA at the time the
final control plan is due (40 CFR 62.724(p)). If the MSW landfill owner
or operator is submitting the alternative dates for these increments,
the owner or operator should also send a copy to the appropriate state
or tribe. The EPA is allowing alternative dates for increments 2 and 3
to provide flexibility to MSW landfill owners or operators. However,
owners or operators using alternate dates for increments 2 and 3 must
continue to meet the required dates for increments 1, 4, and 5. The EPA
would review the schedule and coordinate with the owner or operator.

C. What emissions and operating limits is the EPA proposing to
incorporate into the federal plan?

    The EPA is proposing that an MSW landfill subject to the federal
plan must install and operate a GCCS that meets specified emissions and
operating limits (40 CFR 62.714 and 40 CFR 62.716), if the NMOC
emissions rate is 34 Mg per year or more (50 Mg per year or more for
the closed landfill subcategory). The standards would require owners or
operators to operate the GCCS at a negative pressure at each wellhead
(except during certain specified conditions), operate the interior
wellhead at a temperature less than 55 degrees Celsius (131 degrees
Fahrenheit), and operate the collection system so that the methane
concentration is less than 500 ppm above background at the surface of
the landfill (40 CFR 62.716(b-(d)). The owner or operator of a landfill
must control the collected gas by routing it to either: (1) A non-
enclosed flare designed and operated according to the requirements of
40 CFR 60.18, (2) an enclosed control device achieving 98-percent NMOC
reduction or an outlet concentration of 20 ppm NMOC by volume or less,
or (3) a gas treatment system that processes the collected gas for
subsequent sale or beneficial use (40 CFR 62.714(c)).
    The proposed requirements of the federal plan are the same as the
requirements of the 2016 MSW Landfills EG as published on August 29,
2016 (81 FR 59276). However, this proposed federal plan applies a
technical correction to the compliance provisions section and the
corresponding reporting requirement in the reporting section. Those
corrections appear in this proposed federal plan at 40 CFR
62.720(a)(3)(ii) and 40 CFR 62.724(h)(7) and would ensure that the
owner or operator conducts a corrective action analysis, develops an
implementation schedule, and reports corrective action(s) to address
not only positive pressure, but also elevated temperature.

D. What are the proposed performance testing and monitoring
requirements?

1. NMOC Emissions Rate
    The EPA proposes that, to determine if a GCCS is required, the
owner or operator must determine NMOC emissions using one or both of
the two emission rate equations in the rule and one of four optional
methods to determine the model inputs (referred to as tier methods in
the rule) (40 CFR 62.718(a)). Tier 1 uses default assumptions for
methane generation rate and NMOC concentration in the emissions model
(40 CFR 62.718(a)(2)). Tier 2 requires testing to determine a site-
specific NMOC concentration. Tier 3 requires testing to determine a
site-specific NMOC concentration and methane generation rate (40 CFR
62.718(a)(4)). Any MSW landfill that exceeds the NMOC emissions
threshold using Tier 2 or 3 would install a GCCS, unless the owner or
operator chooses to use Tier 4 (40 CFR 62.718(a)(6)).
    Tier 4 is based on surface emissions monitoring (SEM) to
demonstrate that surface emissions are low (40 CFR 62.718(a)(6)). An
owner or operator can use Tier 4 only if the MSW landfill owner or
operator can demonstrate that NMOC emissions are greater than or equal
to 34 Mg per year but less than 50 Mg per year using Tier 1 or Tier 2.
An MSW landfill employing Tier 4 that can demonstrate that surface
emissions are below 500 ppm for four consecutive quarters would not
trigger the requirement to install a GCCS even if Tier 1, 2, or 3
calculations indicate that the 34 Mg per year threshold has been
exceeded. However, once SEM demonstrates emissions exceeding 500 ppm
(40 CFR 62.718(a)(6)(v)), the MSW landfill would be required to install
a GCCS according to the schedule in section V.B. of this preamble and
Table 1 to subpart OOO of part 62.
2. Gas Collection System Monitoring
    The EPA proposes that the landfill gas collection system must be
equipped with a sampling or access port and the owner or operator must
periodically monitor gauge pressure in the gas collection header,
monitor nitrogen or oxygen content in the landfill gas, and monitor
temperature of the landfill gas (40 CFR 62.722(a)).
3. Flare Monitoring
    The EPA proposes that, if a flare is used, the owner or operator
must monitor the flare using a heat sensing device that indicates
presence of a flame and a device that records flow to the flare and any
bypass lines (40 CFR 62.722(c)).
4. Control Device Testing and Monitoring
    The EPA proposes that, if an enclosed control device is used, the
owner or operator must conduct an initial performance test (40 CFR
62.714(c)). The owner or operator must then operate the device as
required by the manufacturer's specifications, install a temperature
monitoring device, and install a device that records flow to the
control device and any bypass lines (40 CFR 62.722(b)). A temperature
monitoring device is not required for boilers or process heaters with a
design heat capacity of 44 megawatts or greater (40 CFR 62.722(b)(1)).

E. What are the proposed recordkeeping and reporting requirements?

    The EPA proposes that owners and operators must retain records of
all required monitor readings (40 CFR 62.726). Owners or operators must
submit certain required performance test reports, NMOC emission rate
reports, and annual reports documenting compliance and any deviations
from the operating standards in the federal plan (40 CFR 62.724). All
required reports must be submitted through the EPA's Central Data
Exchange (CDX) using the Compliance and Emissions Data Reporting
Interface (CEDRI) (40 CFR 62.724(j)). Owners or operators are allowed
to maintain electronic copies of the records in lieu of hardcopies to
satisfy federal recordkeeping requirements.
    The requirement to submit performance test data electronically to
the EPA would apply only to those performance tests conducted using
test methods that are supported by the Electronic Reporting Tool (ERT).
A listing of the pollutants and test methods supported by the ERT is
available at: https://www3.epa.gov/ttn/chief/ert/ert_info.html. When
the EPA adds new methods to the ERT, a notice will be sent out through
the Clearinghouse for Inventories and Emissions Factors (CHIEF)
Listserv

(https://www.epa.gov/airemissions-inventories/emissionsinventory-listservs) and a notice of availability will be added to the ERT
website. You are encouraged to check the ERT website regularly for up-
to-date information on methods supported by the ERT.

VI. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under section 111(d) of the CAA, the EPA is required to adopt EG
that are applicable to existing MSW landfills. These EG are implemented
when the EPA approves a state or tribal plan or adopts a federal plan
that implements and enforces the EG. As discussed above, this action
would regulate existing MSW landfills in states or Indian country that
do not have approved plans in effect to implement the EG.
    Congress has determined that the primary responsibility for air
pollution prevention and control rests with state, tribal and local
agencies. See CAA section 101(a)(3). Consistent with that overall
determination, Congress established CAA section 111(d) with the intent
that state, tribal and local agencies take the primary responsibility
for ensuring that the standards of performance and other requirements
in the EG are achieved. Also, Congress explicitly required that the EPA
establish procedures that are like those under CAA section 110 for
state implementation plans. Although Congress required the EPA to
propose and promulgate a federal plan for states and tribes that fail
to submit approvable state plans on time, states may submit plans after
promulgation of this federal plan. The EPA strongly encourages states
and tribes that are unable to submit approvable plans to request
delegation of the federal plan so that they can have primary
responsibility for implementing the 2016 MSW Landfills EG, consistent
with the intent of Congress.
    The preferred outcome under the statute and the regulations results
when the state, tribal, and local agencies implement an EPA-approved
state or tribal plan because state, tribal, and local agencies not only
have the responsibility to implement the 2016 MSW Landfills EG, but
also have the practical knowledge and enforcement resources critical to
achieving the highest rate of compliance. In cases where states are
unable to develop and submit approvable state or tribal plans, it is
still preferable for the state, tribal and local agencies to be the
implementing agency. For these reasons, the EPA will do all that it can
to expedite delegation of the federal plan to state, tribal, and local
agencies, whenever possible, in cases where states or tribes are unable
to develop and submit approvable state or tribal plans. The EPA will
also continue to review and approve state or tribal plans after
promulgation of this federal plan.

B. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority
to state, tribal, and local agencies: (1) The EPA's approval of a state
plan after the federal plan is in effect; and (2) if a state does not
submit or obtain approval of its own plan, the EPA's delegation to a
state, tribe, or local agency is transferred with the authority to
implement certain portions of this federal plan to the extent
appropriate and if allowed by state law. Both options are described in
more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State Plan
    After MSW landfills in a state become subject to the federal plan,
the state or tribal agency may still adopt and submit a state or tribal
plan to the EPA. If the EPA determines that the state or tribal plan
meets the requirements of the 2016 MSW Landfills EG, the EPA will
approve the state or tribal plan. If the EPA determines that the plan
does not meet the requirements of the 2016 MSW Landfills EG, the EPA
will approve the portions of the plan that are consistent with the 2016
MSW Landfills EG. If a state or tribal plan is approved in part,
portions of the federal plan will apply to the designated MSW landfills
in lieu of the disapproved portions of the state or tribal plan until
the state or tribe addresses the deficiencies in the state or tribal
plan and the revised plan is approved by the EPA. Prior to any
disapproval, the EPA will work with states and tribes in an attempt to
reconcile areas of the plan that remain inconsistent with the EG.
    Upon the effective date of a state or tribal plan, the federal plan
will no longer apply to MSW landfills covered by such a plan. The
state, tribe, territory, or local agency would implement and enforce
the state plan in lieu of the federal plan. When an EPA Regional office
approves a state or tribal plan, it will amend the appropriate subpart
of 40 CFR part 62 to indicate such approval.
2. State, Tribe, Territory, or Local Agency Taking Delegation of the
Federal Plan
    The EPA, in its discretion, may delegate to state, tribe,
territorial, or local agencies the authority to implement this proposed
federal plan. As discussed above, the EPA has concluded that it is
advantageous and the best use of resources for states, tribes,
territories, or local agencies to agree to undertake, on the EPA's
behalf, administrative and substantive roles in implementing the
federal plan to the extent appropriate and where authorized by federal,
state, tribal, territorial, or local law. If a state, tribe, territory,
or local agency requests delegation, the EPA will generally delegate
the entire federal plan to the state, tribe, territory, or local
agency. These functions include administration and oversight of
compliance, reporting and recordkeeping requirements, MSW landfill
inspections, and preparation of draft notices of violation, but will
not include any authorities retained by the EPA. Agencies that have
taken delegation, as well as the EPA, will have responsibility for
bringing enforcement actions against sources violating federal plan
provisions.

C. Implementing Authority

    The EPA Regional Administrators have been delegated the authority
for implementing the MSW Landfills Federal Plan. All reports required
by the federal plan should be submitted to the appropriate Regional
Administrator. Table 3 of this preamble lists the addresses for the EPA
Regional offices and the states they cover.

D. Delegation of the Federal Plan and Retained Authorities

    If a state, tribe, territory, or local agency intends to take
delegation of the federal plan, the state, tribe, territory, or local
agency should submit a written request for delegation of authority to
the appropriate EPA regional office. The state, tribe, territory, or
local agency should explain how it meets the criteria for delegation.
See Good Practices Manual for Delegation of NSPS and NESHAP (U.S. EPA,
February 1983). The letter requesting delegation of authority to
implement the federal plan should: (1) Demonstrate that the state,
tribe, territory, or local agency has adequate resources, as well as
the legal authority to administer and enforce the program; (2) include
an inventory of designated MSW landfills, which includes those that
have ceased operation, but have not been dismantled or rendered
inoperable, and an

inventory of the designated units' air emissions and a provision for
progress reports to the EPA; (3) certify that a public hearing was held
on the state, tribe, territory, or local agency delegation request; and
(4) include a memorandum of agreement between the state, tribe,
territory, or local agency and the EPA that sets forth the terms and
conditions of the delegation, the effective date of the agreement, and
the mechanism to transfer authority. Upon signature of the agreement,
the appropriate EPA regional office would publish an approval notice in
the Federal Register, thereby incorporating the delegation of authority
into the appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a state, tribe, territory, or
local agency, the EPA will implement the federal plan. Also, if a
state, tribe, territory, or local agency fails to properly implement a
delegated portion of the federal plan, the EPA will assume direct
implementation and enforcement of that portion. The EPA will continue
to hold enforcement authority along with the state, tribe, territory,
or local agency even when the agency has received delegation of the
federal plan. In all cases where the federal plan is delegated, the EPA
will retain and will not transfer authority to a state, tribe, or local
agency to approve the following items promulgated in 40 CFR 62.710(b)):
(1) Approval of alternative methods to determine the site-specific NMOC
concentration or a site-specific methane generation rate constant (k);
(2) alternative emission standards; (3) major alternatives to test
methods (Major alternatives to test methods or to monitoring are
modifications made to a federally enforceable test method or to a
federal monitoring requirement. These changes would involve the use of
unproven technology or procedures or an entirely new method, which is
sometimes necessary when the required test method or monitoring
requirement is unsuitable.); and (4) waivers of recordkeeping.
    Any MSW landfill owners or operators who wish to petition the
agency for an alternative requirement to those in 40 CFR 62.710(b)
should submit a request to the appropriate Regional Administrator with
a copy sent to the appropriate state.

VII. Title V Operating Permits

    Existing landfills with design capacities less than 2.5 million Mg
or 2.5 million m\3\ are not required to have a title V operating
permit, unless they are a major source or are subject to title V (part
70 or part 71) for some other reason (e.g., subject to a CAA section
112 NESHAP or to another CAA section 111 NSPS). All existing MSW
landfills with design capacities equal to or greater than 2.5 million
Mg and 2.5 million m\3\ must have a title V operating permit. Existing
MSW landfills that are not currently subject to title V permitting
because their design capacity is less than 2.5 million Mg or 2.5
million m\3\ may trigger the requirement to apply for a title V permit
in the future if the landfill's design capacity increases to equal or
exceed 2.5 million Mg and 2.5 million m\3\. Such sources, newly subject
to the requirement to obtain a title V permit for operating the MSW
landfill at or above the 2.5 million Mg or 2.5 million m\3\ capacity,
become subject to the title V program 90 days after the effective date
of this federal plan, even if the design capacity report is submitted
prior to that date. This date that triggers title V applicability is
consistent with the published EG. The requirements of a federal plan
are applicable requirements for title V sources covered by a federal
plan. Additional information for filing a timely title V application
should be obtained at the permitting authority. See 40 CFR
70.5(a)(1)(i) or 71.5(a)(1)(i).
    An MSW landfill that is closed and is no longer subject to title V
as a result of this federal plan, once finalized, may remain subject to
title V permitting requirements for another reason or reasons. See 40
CFR 62.711(e) and 40 CFR 70.3 or 71.3. In such circumstances, the
landfill would be required to continue operating in compliance with a
title V permit.

VIII. 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. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. This action simply proposes the MSW Landfills Federal
Plan to implement the 2016 MSW Landfills EG for those states that do
not have a state plan implementing the EG. OMB has previously reviewed
the information collection activities contained in the 2016 MSW
Landfills EG and has assigned OMB control number 2060-0720.

D. 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. The
small entities subject to the requirements of this action are small MSW
landfills. The Agency has determined that up to 15 small entities,
representing approximately 13 percent of the total number of small
entities subject to the proposal, may experience an impact of greater
than 3 percent of sales or revenues. A summary of this analysis is
available in the memorandum, Small Entity Screening Assessment for
Proposed Federal Plan for Emission Guidelines and Compliance Times for
Municipal Solid Waste Landfills, which is available in the docket for
this action. More details of the general economic analysis of the EG,
which this action implements, are available in the docket for the 2016
MSW Landfills EG (Docket ID Item No. EPA-HQ-OAR-2014-0451-0225).
    Although not required by the RFA to convene a Small Business
Advocacy Review (SBAR) Panel because the EPA has now determined that
this proposal would not have a significant economic impact on a
substantial number of small entities, there was substantial interest in
the revision of the EG among small entities. Thus, during development
of the 2016 MSW Landfills EG, the EPA conducted stakeholder outreach as
detailed in sections XI.C and XI.E of the preamble to the proposed
Standards of Performance for MSW Landfills (79 FR 41828-41829; July 17,
2014) and in sections VIII.C and VIII.E of the preamble to the 2016 MSW
Landfills EG (81 FR 59309-59310; August 29, 2016). The EPA convened an
SBAR Panel in 2013 for the MSW Landfills NSPS and EG rulemakings. The
EPA originally planned a review of the EG and NSPS in one action, but
the actions were subsequently divided into separate rulemakings. The
SBAR Panel evaluated the assembled materials and small entity comments
on issues related to the rule's potential effects and significant
alternative regulatory approaches. A copy of the Summary of Small
Entity Outreach is available in the docket for the 2016 MSW Landfills
EG (Docket ID

Item No. EPA-HQ-OAR-2014-0451-0012). While formulating the provisions
of the EG, the EPA considered the input provided over the course of the
stakeholder outreach as well as the input provided in the many public
comments and incorporated many of the suggestions in the 2016 MSW
Landfills EG.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538. This action implements mandates specifically
and explicitly set forth in 40 CFR 60.27 without the exercise of any
policy discretion by the EPA.
    We note, however, that the EG may affect small governments because
small governments operate landfills (80 FR 52146, August 27, 2015).
This action implements the promulgated EG. In developing the final 2016
MSW Landfills EG, the EPA consulted with small governments pursuant to
a plan established under section 203 of the UMRA to address impacts of
regulatory requirements in the rule that might significantly or
uniquely affect small governments. The EPA also held meetings as
discussed in section VIII.F of this preamble.

F. Executive Order 13132: Federalism

    The EPA has concluded that this action may have federalism
implications, because the rule imposes substantial direct compliance
costs on state or local governments, and the federal government will
not provide the funds necessary to pay those costs. The EPA provided
the following federalism summary impact statement for the 2016 MSW
Landfills EG. The EPA consulted with state and local officials early in
the process of developing the 2016 MSW Landfills EG to permit them to
have meaningful and timely input into its development. In developing
the regulatory options reflected in the proposed and final 2016 MSW
Landfills EG, the EPA consulted with eight national organizations
representing state and local elected officials. Additionally, the
Environmental Council of the States, the National Association of Clean
Air Agencies, and the Association of State and Territorial Solid Waste
Management Officials participated in preproposal briefings. Finally, in
addition to these associations, over 140 officials representing state
and local governments across the nation participated in at least one of
three preproposal briefings in the fall of 2013 (September 10, 2013,
November 7, 2013, and November 14, 2013), which is summarized in the
docket for the 2016 MSW Landfills EG (Docket ID Item No. EPA-HQ-OAR-
2014-0451-0013). The EPA received comments from over 40 entities
representing state and local governments. The EPA conducted an
additional Federalism outreach meeting on April 15, 2015.
    The principal intergovernmental concerns raised during the
preproposal consultations, as well as during the proposed rule's public
comment period, include: (1) Implementation concerns associated with
shortening of GCCS installation and/or expansion timeframes; (2)
concerns regarding significant lowering of the design capacity or
emission thresholds; (3) the need for clarifications associated with
wellhead operating parameters; and (4) the need for consistent, clear,
and rigorous surface monitoring requirements. In response to these
comments and based upon the available data, the EPA decided not to
adjust the design capacity or significantly lower the emission
threshold. The EPA also decided not to adjust the time allotted for
installation of the GCCS or expansion of the wellfield. In the proposed
MSW Landfills EG (80 FR 52121, August 27, 2015), the EPA highlighted
specific concerns raised by commenters, which included state agencies
as well as landfill owners and operators, about the interaction between
shortened lag times and design plan approvals, costs, and safety
concerns associated with reduced lag times, and the need for
flexibility for lag time adjustments. The EPA adjusted wellhead
operating parameters to limit corrective action requirements to
negative pressure and temperature. The EPA also acknowledged concerns
about wellhead operating parameters in 80 FR 52121 (August 27, 2015)
and considered public comments in favor of and against retention of the
parameters.
    A complete list of the comments from state and local governments
was provided to OMB and was placed in the docket for the 2016 MSW
Landfills EG (Final Report of the Small Business Advocacy Review Panel
on EPA's Planned Proposed Rules Standards of Performance for Municipal
Solid Waste Landfills and Review of Emissions Guidelines for Municipal
Solid Waste Landfills, Docket ID Item No. EPA-HQ-OAR-2014-0451-0139).
In addition, the detailed response to comments from these entities is
contained in the EPA's Response to Comments document for the 2016 MSW
Landfills EG (Docket ID Item No. EPA-HQ-OAR-2014-0451-0229). As
required by section 8(a) of Executive Order 13132, the EPA included a
certification from its Federalism official stating that the EPA had met
the Executive Order's requirements in a meaningful and timely manner
when it sent the draft of the 2016 MSW Landfills EG to OMB for review
pursuant to Executive Order 12866. A copy of the certification is
included in the record for the 2016 MSW Landfills EG (Outreach under
Executive Order 13132 for MSW Landfills, Docket ID Item Nos. EPA-HQ-
OAR-2014-0451-0013 and EPA-HQ-OAR-2014-0451-0100).

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

    This action has tribal implications as specified in Executive Order
13175. This action will neither impose substantial direct compliance
costs on federally recognized tribal governments nor preempt tribal
law. The database used to estimate impacts of the 2016 MSW Landfills
EG, identified one tribe, the Salt River Pima-Maricopa Indian
Community, which owns three landfills potentially subject to this
federal plan. One of these landfills is open, the Salt River Landfill,
and is already controlling emissions under the current NSPS/EG
framework, so while subject to this subpart, the costs of this proposal
are not substantial. The two other landfills are closed and anticipated
to meet the definition of the closed landfill subcategory. One of the
closed landfills, the Tri Cities Landfill, is already controlling
emissions under the current NSPS/EG framework and will not incur
substantial additional compliance costs under the federal plan. The
other landfill, North Center Street Landfill, is not estimated to
install controls under the federal plan. The EPA will consult with
tribal officials under the EPA Policy on Consultation and Coordination
with Indian Tribes in the process of developing this action to permit
them to have meaningful and timely input into its development. A
summary of that consultation will be provided in the docket for this
action once completed.

H. 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 implements a previously promulgated federal standard.

I. 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.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves technical standards. The EPA proposes to use
EPA Methods 2, 2E, 3, 3A, 3C, 18, 21, 25, 25A, and 25C of 40 CFR part
60, appendix A. The EPA identified 15 voluntary consensus standards
(VCS) as being potentially applicable (ASTM D3154-00 (2006), ASTM
D3464-96 (2007), ASTM D3796-90 (2001), ANSI/ASME PTC 19-10-1981 Part
10, ASME B133.9-1994 (2001), ISO 10396:1993 (2007), ISO 12039:2001, ISO
10780:1994, ASTM D5835-95 (2013), ASTM D6522-11, ASTM D6420-99 (2010),
CAN/CSA Z223.2-M86 (1999), ASTM D6060-96 (2009), ISO 14965:2000(E), EN
12619(1999)). The EPA determined that 14 of the 15 candidate VCS
identified for measuring emissions of pollutants or their surrogates
subject to emission standards in the rule would not be practical due to
lack of equivalency, documentation, validation data, and other
important technical and policy considerations. The agency identified no
equivalent standards for EPA Methods 2E, 21, and 25C. However, one VCS
was identified as an acceptable alternative to EPA Method 3A.
    The VCS ASTM D6522-11, ``Standard Test Method for the Determination
of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in
Emissions from Natural Gas-Fired Reciprocating Engines, Combustion
Turbines, Boilers, and Process Heaters Using Portable Analyzers,'' is
an acceptable alternative to EPA Method 3A when used at the wellhead
before combustion. It is advisable to know the flammability and check
the lower explosive limit of the flue gas constituents, prior to
sampling, in order to avoid undesired ignition of the gas. The results
of ASTM D6522-11 may be used to determine nitrogen oxides and carbon
monoxide emission concentrations from natural gas combustion at
stationary sources. This test method may also be used to monitor
emissions during short-term emission tests or periodically in order to
optimize process operation for nitrogen oxides and carbon monoxide
control. The EPA's review, including review of comments for these 15
methods, is documented in the memorandum, Voluntary Consensus Standard
Results for Emission Guidelines and Compliance Times for Municipal
Solid Waste Landfills, 2016, which is available in the docket for the
2016 MSW Landfills EG (Docket ID Item No. EPA-HQ-OAR-2014-0451-0206).

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
EPA has determined that because this action increases the level of
environmental protection for all affected populations without having
any disproportionately high and adverse human health or environmental
effects on any population, including any minority, low-income, or
indigenous populations. To the extent that any minority, low-income, or
indigenous subpopulation is disproportionately impacted by landfill gas
emissions due to the proximity of their homes to sources of these
emissions, that subpopulation also stands to see increased
environmental and health benefit from the emission reductions called
for by this action. The results of the demographic analysis are
presented in the EJ Screening Report for Municipal Solid Waste
Landfills, July 2016, a copy of which is available in the 2016 MSW
Landfills EG docket (Docket ID Item No. EPA-HQ-OAR-2014-0451-0223).

    Dated: August 14, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019-17822 Filed 8-21-19; 8:45 am]
 BILLING CODE 6560-50-P