[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Proposed Rules]
[Pages 19176-19184]
[FR Doc No: 2021-07566]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2002-0047; FRL-10012-39-OAR]
RIN 2060-AV01

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) published a
final rule in the Federal Register on March 26, 2020, to complete the
residual risk and technology review (RTR) for the Municipal Solid Waste
(MSW) Landfills source category as regulated under national emission
standards for hazardous air pollutants (NESHAP). The final rule also
made minor changes to the 2016 MSW Landfills New Source Performance
Standards (NSPS) and Emission Guidelines and Compliance Times for MSW
Landfills to improve implementation of the sets of rules affecting MSW
landfills. In this action, the EPA is proposing technical revisions and
clarifications for the NESHAP for MSW Landfills established in the
March 26, 2020, final rule. These changes correct inadvertent errors
and clarify wellhead monitoring requirements for the purpose of
identifying excess air infiltration; delegation of authority to state,
local, or tribal agencies for ``emission standards''; applicability of
the General Provisions to affected MSW landfills; and handling of
monitoring data for combustion devices during periods of monitoring
system breakdowns, repairs, calibration checks, and adjustments. We are
proposing further amendments to the 2016 MSW Landfills NSPS to clarify
and align the timing of compliance for certain requirements of the 2016
MSW Landfills NSPS for existing MSW landfills that have modified but
previously triggered the requirement to install a gas collection and
control system (GCCS) under related MSW landfill rules.

DATES: Comments. Comments must be received on or before May 28, 2021.
Under the Paperwork Reduction Act (PRA), comments on the information
collection provisions are best assured of consideration if the Office
of Management and Budget (OMB) receives a copy of your comments on or
before May 13, 2021.
    Public hearing: If anyone contacts us requesting a public hearing
on or before April 19, 2021, the EPA will hold a virtual public
hearing. See SUPPLEMENTARY INFORMATION for information on requesting
and registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0047, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2002-0047 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2002-0047.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2002-0047, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
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).
    Instructions: All submissions 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. Out of an abundance of caution
for members of the public and our staff, the EPA Docket Center and
Reading Room was closed to the public, with limited exceptions, to
reduce the risk of transmitting COVID-19. Our Docket Center staff will
continue to provide remote customer service via email, phone, and
webform. We encourage the public to submit comments via https://www.regulations.gov/ or email, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Mr. Andrew Sheppard, Natural Resources Group, 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:
    Participation in virtual public hearing. Please note that the EPA
is deviating from its typical approach because the President has
declared a national emergency. Due to the current Centers for Disease
Control and Prevention (CDC) recommendations, as well as state and
local orders for social distancing to limit the spread of COVID-19, the
EPA cannot hold in-person public meetings at this time.
    If requested, the virtual hearing will be held on April 28, 2021.
The hearing will convene at 9 a.m. Eastern Time (ET) and will conclude
at 12:00 p.m. ET unless the number of registrants indicates more time
is needed. The EPA may close a session 15 minutes after the last pre-
registered speaker has testified if there are no additional speakers.
The EPA will announce further details on the virtual public hearing
website at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards.
    The EPA will begin pre-registering speakers for the hearing upon
publication of this document in the Federal Register. To register to
speak at the virtual hearing, please use the online registration form
available at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards or contact
the public hearing team at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>The last day to pre-register to speak at the
hearing will be April 26, 2021. Prior to the hearing, the EPA will post
a general agenda that will list pre-registered speakers in approximate
order at: https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards.
    The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to

run either ahead of schedule or behind schedule.
    Each commenter will have 5 minutes to provide oral testimony. The
EPA encourages commenters to provide the EPA with a copy of their oral
testimony electronically (via email) by emailing it to Mr. Andrew
Sheppard and the public hearing team. The EPA also recommends
submitting the text of your oral testimony as written comments to the
rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral testimony and
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will
be posted online at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards.
While the EPA expects the hearing to go forward as set forth above,
please monitor our website or contact the public hearing team at (888)
372-8699 or by email at<EMAIL_ADDRESS>to determine if there
are any updates. The EPA does not intend to publish a document in the
Federal Register announcing updates.
    If you require the services of a translator or a special
accommodation such as audio description, please pre-register for the
hearing with the public hearing team and describe your needs by April
20, 2021. The EPA may not be able to arrange accommodations without
advanced notice.
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2002-0047. All documents in the docket are
listed in 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 electronically in
Regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0047. 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 electronically any information that you consider
to be CBI or other information whose disclosure is restricted by
statue. 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.
    The EPA is temporarily suspending its Docket Center and Reading
Room for public visitors, with limited exceptions, to reduce the risk
of transmitting COVID-19. Our Docket Center staff will continue to
provide remote customer service via email, phone, and webform. We
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and
faxes. Hand deliveries or couriers will be received by scheduled
appointment only. For further information and updates on EPA Docket
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
    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-2002-0047. Note that
written comments containing CBI and submitted by mail may be delayed
and no hand deliveries will be accepted.
    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
CFR Code of Federal Regulations
EPA Environmental Protection Agency
GCCS gas collection and control system
HAP hazardous air pollutant(s)
m3 cubic meters
Mg megagrams
MSW municipal solid waste
NESHAP national emission standards for hazardous air pollutants
NMOC non-methane organic compounds

NSPS new source performance standards
OMB Office of Management and Budget
RTR risk and technology review
SSM startup, shutdown, and malfunction

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

I. General Information
    A. Does this action apply to me?
    B. What is the background for this proposal?
    C. What is the statutory authority for this action?
II. Summary and Rationale of Proposed Changes
    A. Technical Corrections for 40 CFR Part 63, Subpart AAAA
    B. Clarification of Control System Timing Requirements for
Modified Landfills in 2016 MSW Landfills NSPS
III. 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 Regulations 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)
    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?

    Table 1 of this preamble lists the associated regulated industrial
source categories that are the subject of this proposal. Table 1 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 affected sources. Federal, state, local, and tribal government
entities could be affected by this proposed action because these
entities are often the owners or operators of MSW landfills. As defined
in the Initial List of Categories of Sources Under Section 112(c)(1) of
the Clean Air Act Amendments of 1990 (see 57 FR 31576, July 16, 1992)
and Documentation for Developing the Initial Source Category List,
Final Report (see EPA-450/3-91-030, July 1992), the MSW Landfills
source category is any facility that is an entire disposal facility in
a contiguous geographical space where household waste is placed in or
on land. An MSW landfill may also receive commercial waste, sludges,
and industrial waste. An MSW landfill may also receive other types of
Resource Conservation and Recovery Act (RCRA), subtitle D wastes (see
40 CFR 257.2) such as commercial solid waste, nonhazardous sludge,
conditionally exempt small quantity generator waste, and industrial
solid waste portions of an MSW landfill that may be separated by access
roads. An MSW landfill may be publicly or privately owned.

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

B. What is the background for this proposal?

    The EPA promulgated the MSW Landfills NESHAP (codified at 40 CFR
part 63, subpart AAAA) on January 16, 2003 (68 FR 2227). The NESHAP
regulates hazardous air pollutant (HAP) emissions from MSW landfills
that are either major or area sources, and applies to MSW landfills
that have accepted waste since November 8, 1987, or have additional
capacity for waste deposition and are major sources, are collocated
with major sources, or are area source landfills with a design capacity
equal to or greater than 2.5 megagrams (Mg) and 2.5 million cubic
meters (m\3\) and have estimated uncontrolled emissions equal to or
greater than 50 megagrams per year (Mg/yr) of non-methane organic
compounds (NMOC). The NESHAP also applies to MSW landfills that have
accepted waste since November 8, 1987, or have additional capacity for
waste deposition and include a bioreactor and are major sources, are
collocated with major sources, or are area source landfills with a
design capacity equal to or greater than 2.5 million Mg and 2.5 million
m\3\ that were not permanently closed as of January 16, 2003.
    The EPA recently completed the RTR on the MSW Landfills NESHAP and
promulgated amendments to 40 CFR part 63, subpart AAAA on March 26,
2020 (85 FR 17244). The rule finalized the EPA's determination that
risks from this source category are acceptable and that the standards
provide an ample margin of safety to protect public health and prevent
an adverse environmental effect. There were no revisions to the NESHAP
based on our analyses conducted under Clean Air Act (CAA) section
112(f). However, the final rule clarified regulatory provisions related
to emissions during periods of startup, shutdown, and malfunction
(SSM); revised wellhead operational standards and corrective action to
improve effectiveness and provide compliance flexibility; incorporated
provisions from the 2016 MSW Landfills NSPS; and added requirements for
electronic reporting of performance test results. The EPA further
published a document on October 13, 2020 (85 FR 64398), to correct
inadvertent errors in the cross-referencing and formatting of the final
rule, as well as minor clarifications to the operational and reporting
requirements.
    The EPA promulgated the 2016 MSW Landfills NSPS under CAA section
111 (40 CFR part 60, subpart XXX) (81 FR 59332, August 29, 2016). The
control requirements in the 2016 MSW Landfills NSPS apply to MSW
landfills for which construction, reconstruction, or modification
commenced after July 17, 2014, and with a design capacity equal to or
greater than 2.5 Mg and 2.5 million m\3\ and estimated uncontrolled
emissions equal to or greater than 34 Mg/yr of NMOC. As part of the
final MSW Landfills NESHAP rules, the EPA also finalized minor changes
to the 2016 MSW Landfills NSPS. These minor changes included provisions
that streamlined requirements for affected sources by allowing them to
demonstrate compliance with landfill gas control, operating,
monitoring, recordkeeping, and reporting

requirements by following the corresponding requirements in the MSW
Landfills NESHAP.
    This action proposes technical revisions and clarifications to
correct inadvertent errors and clarify the compliance and authority
requirements for the MSW Landfills NESHAP established in the March 26,
2020, final rule. Additionally, this action proposes clarifying
amendments to the 2016 MSW Landfills NSPS to clarify the timing of
compliance for certain requirements for existing MSW landfills that
have already triggered requirements to install a GCCS.

C. What is the statutory authority for this action?

    The statutory authority for revisions to the MSW Landfills NESHAP
(40 CFR part 63, subpart AAAA) is provided by sections 111, 112, and
301 of the CAA, as amended (42 U.S.C. 7411, 7412, and 7401). The
statutory authority for revisions to the 2016 MSW Landfills NSPS (40
CFR part 60, subpart XXX) is provided by sections 111 and 301 of the
CAA (42 U.S.C. 7411 and 7401).

II. Summary and Rationale of Proposed Changes

    The EPA is proposing to correct inadvertent errors in the MSW
Landfills NESHAP that were the result of extensive changes to the
structure and content of the NESHAP during the development of the final
RTR. The EPA is also proposing to clarify the control system timing
requirements for MSW landfills that modify and become subject to the
2016 MSW Landfills NSPS that have already triggered the requirement to
install emission controls under related MSW landfills regulations.

A. Technical Corrections for 40 CFR Part 63, Subpart AAAA

    First, we are proposing to revise the compliance provisions of 40
CFR 63.1960(a)(4)(i) to reestablish the phrase, ``for the purpose of
identifying whether excess air infiltration exists.'' This phrase was
removed in error between proposal and promulgation of the NESHAP. The
preamble to the final rule indicated that this phrase was removed
because the phrase does not apply to temperature. Except for approved
alternatives, we require wells to be operated at negative pressure.
When wells are operated at negative pressure, excess air can lead to
increased temperatures. Therefore, the phrase should be included to
identify that the requirement to monitor temperature is so that the
operation of the landfill can be monitored to ensure that excess air
infiltration is not occurring. The intent was for this paragraph to be
consistent with 40 CFR 60.765(a)(5) of the 2016 MSW Landfills NSPS,
which contains the phrase, ``for the purpose of identifying whether
excess air infiltration into the landfill is occurring,'' for
demonstrating whether excess air infiltration is occurring when putting
a well under negative pressure. The proposed revision would correct the
requirement and ensure consistency between the NESHAP and NSPS.
    We are proposing to revise 40 CFR 63.1961(a)(5)(vi) to eliminate
redundancy and to add sampling times. The EPA is revising 40 CFR
63.1961(a)(5)(vi)(A) to change ``and'' at the end of paragraph (A) to
an ``or.'' This change eliminates redundancy by requiring either
paragraph (A) or (B) instead of both (A) and (B). Language defining the
sampling time to be used when measuring carbon monoxide (CO) at the
wellheads was inadvertently not included in the final rule. A sampling
time is proposed for both the samples taken directly from the wellhead
and the samples collected in passivated canisters or multi-layer foil
sampling bags for analysis. The proposed sampling times are consistent
for both sampling methodologies and provide five 1-minute samples that
are then averaged to give a CO reading at each monitored wellhead.
Additionally, when analyzing samples collected in a canister or bag, in
order to ensure the uniformity of the collected sample, the five 1-
minute averages resulting from the analysis of the collected sample can
vary from one another by no more than 7 parts per million.
    We are proposing to revise 40 CFR 63.1975 because it erroneously
requires the inclusion of monitoring data that should be excluded from
3-hour compliance averages for combustion temperature. The recent
amendments to the provisions at 40 CFR 63.1975 specify that the
calculation of 3-hour average combustion temperature for enclosed
combustors must include data collected during monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments. In brief, we stated in the Summary of Public
Comments and EPA's Responses for the Proposed Risk and Technology
Review and Amendments for the Municipal Solid Waste Landfills NESHAP,
available in Docket ID No. EPA-HQ-OAR-2002-0047, that because the
standard applies at all times, data collected during these periods must
be included in the averages to demonstrate continuous compliance with
the NESHAP. We further stated in our response that the data in 40 CFR
63.1975(a) are needed to determine if the landfill operator is meeting
the standard and the general duty in 40 CFR 63.1955(c) to operate and
maintain the affected source, including the air pollution control
equipment and monitoring equipment, in a manner consistent with safety
and good air pollution control practices. However, we now recognize
that including data from these periods in the combustion temperature
averages is not appropriate for demonstrating compliance and is not
otherwise necessary. First, the data collected during monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments is not quality-assured and is unlikely to be reliable
because it may not reflect accurate measurements of the target analyte
in the emission matrix (e.g., calibrations and audits using reference
gases would not result in accurate measurements). Therefore, inclusion
of these data in calculations would result in inaccurate or misinformed
estimates. As such, we have consistently excluded data collected during
these periods from data averages or calculations used to report
emission or operating levels in other NESHAP (e.g., Nutritional Yeast
Manufacturing NESHAP (82 FR 48156, October 16, 2017) and Miscellaneous
Organic Chemical Manufacturing NESHAP (85 FR 49084, August 12, 2020)).
Further, 40 CFR 63.1965(b) specifies that a deviation occurs when 1
hour or more of the hours during the 3-hour block averaging period does
not constitute a valid hour of data for all periods during which the
landfill GCCS is required to be operated. In such cases, the
enforcement authority will evaluate all reported information and
determine if the owner or operator has complied with the general duty
in 40 CFR 63.1955(c). The general duty requires the owner or operator
to operate and maintain the affected source, including the air
pollution control equipment and monitoring equipment, in a manner
consistent with safety and good air pollution control practices. In
addition, the General Provisions, 40 CFR 63.10(b)(2)(vi), require
reporting of each period during which a continuous monitoring system is
malfunctioning or inoperative (including out-of-control periods).
Therefore, with these amendments, the reported 3-hour temperature data
will include only quality-assured measurements. In addition, reporting
under 40 CFR 63.10(b)(2)(vi) will provide the enforcement authority
with information on periods of malfunctioning or inoperative
measurement monitoring

equipment. Taken together, these two periodic reports will provide
adequate information for the enforcement authority to make a compliance
determination; and, if appropriate based on the circumstances of each
case, the enforcement authority could determine that the periods of
missing compliance data constitute a violation of the general duty
standard.
    We also are proposing associated editorial corrections to Table 1
to 40 CFR part 63, subpart AAAA. In Table 1, we intended to specify
that 40 CFR 63.10(b)(2)(vi) applies to 40 CFR part 63, subpart AAAA,
but inadvertently labeled the entry in Table 1 as 40 CFR 63.10(b)(vi).
Similarly, we intended to specify that 40 CFR 63.10(b)(2)(vii) through
(xiv) applies to 40 CFR part 63, subpart AAAA, but inadvertently
labeled the entry in Table 1 as 40 CFR 63.10(b)(vii) through (xiv). The
references to 40 CFR 63.10(b)(vi) and 40 CFR 63.10(b)(vii) through
(xiv) are incorrect because these are not actual paragraphs in the
general provisions. We are proposing to correct these entries to 40 CFR
63.10(b)(2)(vi) and 40 CFR 63.10(b)(2)(vii) through (xiv),
respectively.
    Next, we are proposing to revise the implementation and enforcement
provisions of 40 CFR 63.1985. The proposed revision would amend
paragraph (c) to add the word ``emission'' to read as follows:
``Approval of alternatives to the emission standards in 40 CFR 63.1955
through 63.1962.'' The proposed correction would clarify that the EPA
intended to restrict delegation of authority for approval of
alternatives to the emissions standards but did not intend to preclude
delegation of authority for state or local agencies for approval or
disapproval of higher operating values and other alternative monitoring
or compliance provisions that are needed to reflect a source's site-
specific conditions. We intended to make this clarification in the
March 26, 2020, final rule. As explained in the preamble and response
to comments, ``the EPA intends the use of the phrase ``alternative
emission standards'' to refer to the ``standards'' for MSW landfill
emissions in 40 CFR 63.1955 through 63.1962. The EPA does not intend
``alternative emission standards'' to include alternatives for wellhead
monitoring in 40 CFR 63.1958'' (85 FR 17255). However, we inadvertently
excluded the word ``emissions'' in the final rule text. See section
IV.D.2 of the preamble to the final MSW Landfills NESHAP (85 FR 17254)
and section 14 of the Summary of Public Comments and the EPA's
Responses for the Proposed Risk and Technology Review and Amendments
for the Municipal Solid Waste Landfills NESHAP, available in Docket ID
No. EPA-HQ-OAR-2002-0047 for additional information.
    We are also proposing revisions to Table 1 to Subpart AAAA--
Applicability of NESHAP General Provisions to Subpart AAAA. First, we
are proposing to revise the Table 1 entry for 40 CFR 63.6(f)(1). We
propose to change the ``Yes'' to a ``No'' in the column labeled,
``Applicable to subpart AAAA before September 28, 2021.'' Section
63.6(f)(1) addresses ``Exemption of nonopacity emission standards
during SSM.'' In the final rule published March 26, 2020, the EPA
removed the exemptions for periods of SSM to reflect the vacatur by the
United States Court of Appeals for the District of Columbia Circuit
(the court) of provisions governing the emissions of HAP during periods
of SSM. See Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008). As
explained in the final rule, the court held that under CAA section
302(k), emissions standards or limitations must be continuous in nature
and that the SSM exemptions in 40 CFR 63.6(f)(1) and (h)(1) violate
this CAA requirement.
    In the final rule, we revised Table 1 to subpart AAAA of 40 CFR
part 63, which incorporated the SSM exemption in 40 CFR 63.6(f)(1), to
specify that 40 CFR 63.(f)(1) applies before but not after the
compliance date of September 27, 2021. However, because the SSM
exemption in 40 CFR 63.6(f)(1) has been vacated, it has no legal effect
and the language in Table 1 suggesting that 40 CFR 63.6(f)(1) applies
until September 27, 2021, was incorrect and misleading. The SSM
exemption in 40 CFR 63.6(f)(1) has been without legal effect since the
date of the court order in Sierra Club v. EPA. To correct this error,
we are proposing an amendment to the General Provisions Table 1 entry
for 40 CFR 63.6(f)(1) by changing the entry in the column labeled
``Applicable to subpart AAAA before September 28, 2021'' from ``Yes''
to ``No.'' This amendment only revises the table entry related to 40
CFR 63.6(f)(1) to reflect the court order vacating the General
Provisions exemption language. See the final rule for any other
requirements related to SSM and the requirement to comply at all times.
    We propose to correct the Table 1 entry for 40 CFR 63.10(d)(3). We
are proposing to change the ``Yes'' to a ``No'' in the column labeled,
``Applicable to subpart AAAA no later than September 27, 2021.''
Section 63.10(d)(3) addresses reporting of visible emissions
observations. Because no opacity or visible emission observations are
required by 40 CFR part 63, subpart AAAA, 40 CFR 63.10(d)(3) does not
apply. In the Summary of Public Comments and the EPA's Responses for
the Proposed Risk and Technology Review and Amendments for the
Municipal Solid Waste Landfills NESHAP, available in Docket ID No. EPA-
HQ-OAR-2002-0047, the EPA pointed out that the 40 CFR part 63 General
Provisions contain more than 150 references to opacity and visible
emission standards. The EPA noted that to revise Table 1 to specify
applicability of each subparagraph that addresses opacity or visible
emission standards would render the table dense, tedious, and difficult
to comprehend, so we chose not to follow that approach. However,
because this is one of the three instances where opacity or visible
emissions are directly or uniquely addressed in the table, we believe
that changing the table will be less confusing. Because there are no
opacity or visible emission standards, as listed in the table entry for
40 CFR 63.6(h) and 63.9(f), there would have been nothing to report in
the 40 CFR 63.10(d)(3) entry. Therefore, this correction does not
result in adding or removing any practical requirements for landfills.
Thus, we are proposing to correct the Table 1 entry for 40 CFR
63.10(d)(3) to change the ``Yes'' to a ``No'' in the column labeled,
``Applicable to subpart AAAA no later than September 27, 2021.''

B. Clarification of Control System Timing Requirements for Modified
Landfills in 2016 MSW Landfills NSPS

    The 2016 MSW Landfills NSPS requires that a GCCS must be installed
within 30 months after an MSW landfill that equals or exceeds the
design capacity threshold (2.5 million Mg and 2.5 million m\3\) files a
report indicating that it has reached or exceeded an NMOC emissions
level of 34 Mg/yr. 40 CFR 60.762(b)(2)(ii). This threshold for GCCS
installation is lower than several related federal MSW landfills
regulations, such as the 1996 MSW Landfills NSPS and Emission
Guidelines, in which the emissions threshold for GCCS installation is
50 Mg/yr NMOC. Many landfills that modify and become subject to the
2016 MSW Landfills NSPS previously exceeded the 50 Mg/yr NMOC threshold
set by those other federal regulations and have, therefore, already
installed and begun operating GCCS. However, the 2016 MSW Landfills
NSPS did not explicitly specify a compliance date for landfills with
existing GCCS to transition operations to meet the

amended requirements upon modification. Therefore, some landfills with
existing GCCS that have become subject to 2016 MSW Landfills NSPS have
followed the compliance requirements and timeline for installation of
GCCS at a new landfill (i.e., 30 months).
    It was not the EPA's intent in promulgating the 2016 MSW Landfills
NSPS to permit a landfill that was already classified as a ``controlled
landfill'' pursuant to either the 1996 MSW Landfills NSPS at 40 CFR
part 60, subpart WWW, or the emission guidelines at subparts Cc or Cf
to be permitted an additional 30-month period before compliance with
the requirements of the 2016 MSW Landfills NSPS would be required. As
the EPA explained in the rulemaking for the 2014 proposal (79 FR
41805), the 30-month period provided in 40 CFR 60.762(b)(2)(ii) is
intended as an initial one-time lag period to allow adequate time for
landfills to install and start up GCCS. New ``greenfield'' landfills
would be starting from scratch with designing, permitting, and building
GCCS infrastructure. In contrast, existing landfills that modified and
become subject to the 2016 MSW Landfills NSPS from another subpart but
have already triggered the design plan requirements from their previous
MSW landfill rule, have already completed the GCCS design. These
landfills have completed permitting and construction of all or
significant portions of GCCS infrastructure. The only new requirements
that a modified source is subject to are the updated monitoring,
recordkeeping, and reporting requirements promulgated in the 2016 MSW
Landfills NSPS, which do not require 30 months of additional time for
compliance. The EPA notes that these landfill owners and operators will
be required to comply with similar monitoring, reporting, and
recordkeeping requirements under the MSW Landfills NESHAP by September
27, 2021, regardless of when they modify. Given the 30-month period was
plainly intended to provide sources sufficient time for the initial
installation of GCCS, it, therefore, clearly was not the EPA's intent
to provide that same period of time for compliance for modified sources
that do not need to install GCCS. The EPA acknowledges, however, that
the regulations promulgated in the 2016 MSW Landfills NSPS did not
clearly provide for the compliance timeframe for modifying sources. To
correct this issue, the EPA is making four regulatory text edits to
clarify the applicable requirements for modifying landfills.
    First, the EPA is proposing to clarify the definition for landfills
that are considered to be a controlled landfill. The 2016 MSW Landfills
NSPS identifies and defines the term ``controlled landfill'' as one
that has triggered the emissions threshold of 34 Mg/yr of NMOC or more
and submitted its collection and control system design plan. The 2016
MSW Landfills NSPS requires the design plan to be submitted within 1
year of the first NMOC annual emission rate report that is equal to or
greater than 34 Mg/yr of NMOC. While this language accurately describes
landfills that reach the 34 Mg/yr NMOC emissions threshold after
promulgation of the 2016 MSW Landfills NSPS, its applicability to
landfills that had exceeded the emissions threshold and submitted a
design plan under previously promulgated landfill regulations was not
specified. The EPA is proposing to revise the definition of the term
``controlled landfill'' in 40 CFR 60.761 to clarify that a landfill is
considered controlled at the time a collection and control system
design plan is submitted in compliance with whichever applicable
regulation first required submission of a collection and control system
design plan for the source in question, whether pursuant to 40 CFR
60.762(b)(2)(i) or 40 CFR part 60, subpart WWW; or pursuant to a
Federal plan or EPA-approved and effective state plan or tribal plan
that implements either 40 CFR part 60, subpart Cc or Cf.
    Second, the EPA is proposing to amend 40 CFR 60.767(d) to clarify
that submittal of an initial design plan includes submittal under not
only the 2016 MSW Landfills NSPS, but also under 40 CFR part 60,
subpart WWW, or a state or Federal plan implementing 40 CFR part 60,
subpart Cc or Cf. As stated in 40 CFR 60.767(d), revised design plans
are required 90 days before expanding operations into an area not
covered by a previously approved design plan, or prior to installing or
expanding a system in a way inconsistent with the initial design plan.
By making this clarification to the introductory paragraph for the
revised GCCS design plan requirements, the EPA is clarifying that the
landfill owner or operator would only need to submit a revised design
plan if the initial design plan submitted under any of these subparts
required changes.
    Third, the EPA is proposing to amend 40 CFR 60.762(b)(2) to clarify
when an initial or revised GCCS design plan is required to be
submitted. The EPA is proposing adding language to 40 CFR
60.762(b)(2)(i) to clarify that the requirement to submit a collection
or control system design plan can be met with either an initial or
revised plan once the NMOC emission rate threshold is exceeded. The
initial design plan is required to be submitted within 1 year of the
first time a landfill exceeded the threshold of 34 Mg/yr of NMOC.
    Finally, to clarify the EPA's intent that the timing be linked to a
landfill's emissions regardless of the specific subpart the report was
submitted under, the EPA is also proposing to add language to 40 CFR
60.762(b)(2)(ii)(A) to add NMOC emission rate reports submitted under
any 40 CFR part 60 or 40 CFR part 62 MSW Landfills regulation, and not
only a report submitted under the 2016 MSW Landfills NSPS.
    With these proposed amendments, the EPA intends to clarify that MSW
landfills that become subject to the 2016 MSW Landfills NSPS due to
modification but have already been required to submit a collection and
control system under another MSW landfills regulation do not restart
the 30-month compliance timeline for installation of an initial GCCS
and do not need to duplicate previously submitted reports. Rather,
these landfills should follow the pathway established for landfills to
submit revised design plans and meet any applicable requirements that
were not previously required by another subpart. Specifically, the
proposed amendments should clarify: (1) Controlled landfills are those
that already met requirements to install a GCCS under any of the
promulgated MSW landfill regulations; (2) controlled landfills that
have previously submitted initial NMOC emission rate reports do not
need to resubmit the initial reports; (3) controlled landfills that
have an operational GCCS do not need to resubmit annual NMOC reports;
(4) controlled landfills do not need to resubmit initial design plans;
(5) controlled landfills do need to submit revised design plans 90 days
before expanding operations into an area not covered by a previously
approved design plan, or prior to installing or expanding a system in a
way inconsistent with the initial design plan; and (6) controlled
landfills would be required to prepare a site-specific treatment system
monitoring plan, as applicable.
    As noted above, some controlled landfills that have become subject
to the requirements of the 2016 MSW Landfills NSPS have been allowed 30
months to comply with the requirements of the rule. If the EPA
finalized the proposed

amendments, 30 months will only be allowed for the initial installation
of a GCCS for landfills newly subject to these rules. Controlled
landfills will be expected to comply with operational, monitoring,
reporting, and recordkeeping requirements immediately upon becoming
subject to the 2016 MSW Landfills NSPS, unless an alternate timeline
has been approved. These operational, monitoring, reporting, and
recordkeeping requirements are substantively similar or the same as the
requirements for these landfills under the MSW Landfills NESHAP.
Landfills subject to the NESHAP must meet these requirements no later
than September 27, 2021.
    The EPA requests comment on whether the proposed modifications to
the 2016 MSW Landfills NSPS regulations adequately clarify the expected
compliance deadlines for controlled landfills that become subject to
the 2016 MSW Landfills NSPS through modification and/or whether other
approaches are needed to align the timing provisions of the 2016 MSW
Landfills NSPS with the timing provisions of the MSW Landfills NESHAP.
The EPA is not otherwise reopening or accepting comments on any other
aspects of the 2016 MSW Landfills NSPS not discussed in this proposal.

III. 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 OMB for review.

C. Paperwork Reduction Act (PRA)

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

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. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. The small entities subject to the
requirements of the NESHAP and NSPS may include private small business
and small governmental jurisdictions that own or operate landfills, but
the cost for complying are owned by a small entity. This action only
proposes technical corrections to provisions from the March 26, 2020,
final RTR rulemaking and clarifying amendments to the 2016 MSW
Landfills NSPS and does not implement new requirements. We have,
therefore, concluded that this action will have no net regulatory
burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

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

F. Executive Order 13132: Federalism

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

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

    This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. As explained in the March
26, 2020, final rule, the EPA previously identified one tribe that owns
three landfills that are potentially subject to the MSW Landfills
NESHAP. However, this action proposes only technical corrections to
provisions from the March 26, 2020, final RTR rulemaking and clarifying
amendments to the 2016 MSW Landfills NSPS and does not impose any new
requirements on tribes.

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 does not concern an environmental
health risk or safety risk.

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)

    This rulemaking does not involve technical standards.

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

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

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations,

Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.
    For the reasons set forth in the preamble, the EPA proposes to
amend 40 CFR parts 60 and 63 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

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

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

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

Sec.  60.761  Definitions.

* * * * *
    Controlled landfill means any landfill at which collection and
control systems are required under this subpart as a result of the
nonmethane organic compounds emission rate. The landfill is considered
controlled at the time a collection and control system design plan is
submitted in compliance with either Sec.  60.762(b)(2)(i), subpart WWW
of this part, or a Federal plan or EPA-approved and effective state
plan or tribal plan that implements either subpart Cc or Cf of this
part, whichever regulation first required submission of a collection
and control system design plan for the landfill.
* * * * *
0
3. Amend section 60.762 by revising paragraphs (b)(2)(i) and
(b)(2)(ii)(A) to read as follows:

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

* * * * *
    (b) * * *
    (2) * * *
    (i) Calculated NMOC Emission Rate. Submit an initial or revised
collection and control system design plan prepared by a professional
engineer to the Administrator as specified in Sec.  60.767(c) or (d);
calculate NMOC emissions using the next higher tier in Sec.  60.764; or
conduct a surface emission monitoring demonstration using the
procedures specified in Sec.  60.764(a)(6). The collection and control
system must meet the requirements in paragraphs (b)(2)(ii) and (iii) of
this section.
    (ii) * * *
    (A) The first annual report submitted under parts 60 or 62 of this
subchapter in which the NMOC emission rate equals or exceeds 34
megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that
the NMOC emission rate is less than 34 megagrams per year, as specified
in Sec.  60.767(c)(4); or
* * * * *
0
4. Amend section 60.767 by revising paragraph (d) introductory text to
read as follows:

Sec.  60.767  Reporting requirements.

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

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

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

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

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

0
6. Amend section 63.1960 by revising paragraph (a)(4)(i) to read as
follows:

Sec.  63.1960  Compliance provisions.

    (a) * * *
    (4) * * *
    (i) Once an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with the operational standard
for temperature in Sec.  63.1958(c)(1), the owner or operator must
monitor each well monthly for temperature for the purpose of
identifying whether excess air infiltration exists. If a well exceeds
the operating parameter for temperature as provided in Sec.
63.1958(c)(1), action must be initiated to correct the exceedance
within 5 days. Any attempted corrective measure must not cause
exceedances of other operational or performance standards.
* * * * *
0
7. Amend section 63.1961 by revising paragraph (a)(5)(vi) to read as
follows:

Sec.  63.1961  Monitoring of operations.

    (a) * * *
    (5) * * *
    (vi) Monitor and determine carbon monoxide concentrations, as
follows:
    (A) Collect the sample from the wellhead sampling port in a
passivated canister or multi-layer foil gas sampling bag (such as the
Cali-5-Bond Bag) and analyze that sample using EPA Method 10 of
appendix A-4 to part 60 of this chapter, or an equivalent method with a
detection limit of at least 100 ppmv of carbon monoxide in high
concentrations of methane; or
    (B) Collect and analyze the sample from the wellhead using EPA
Method 10 of appendix A-4 to part 60 of this chapter to measure carbon
monoxide concentrations.
    (C) When sampling directly from the wellhead, you must sample for 5
minutes plus twice the response time of the analyzer. These values must
be recorded. The five 1-minute averages are then average to give you
the carbon monoxide reading at the wellhead.
    (D) When collecting samples in a passivated canister or multi-layer
foil sampling bag, you must sample for the period of time needed to
assure that enough sample is collected to provide five (5) consecutive,
1-minute samples during the analysis of the canister or bag contents,
but no less than 5 minutes plus twice the response time of the
analyzer. When analyzing canister or bag samples, the analysis will
continue until a minimum of five (5) consecutive, 1-minute averages
recorded by the data acquisition system differ by no more than 7 ppm.
The five (5) consecutive, 1-minute averages are then averaged together
to give you a carbon monoxide value from the wellhead.
* * * * *
0
8. Amend section 63.1975 by revising the introductory paragraph to read
as follows:

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

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

paragraph (a) of this section are not to be included in any average
computed under this subpart.
* * * * *
0
9. Amend section 63.1985 by revising paragraph (c) to read as follows:

Sec.  63.1985  Who enforces this subpart?

* * * * *
    (c) The authorities that will not be delegated to state, local, or
tribal agencies are as follows. Approval of alternatives to the
emission standards in Sec. Sec.  63.1955 through 63.1962. Where this
subpart references part 60, subpart WWW of this subchapter, the cited
provisions will be delegated according to the delegation provisions of
part 60, subpart WWW of this subchapter. For this subpart, the EPA also
retains the authority to approve methods for determining the NMOC
concentration in Sec.  63.1959(a)(3) and the method for determining the
site-specific methane generation rate constant k in Sec.
63.1959(a)(4).
0
10. Amend Table 1 to subpart AAAA of part 63 by:
0
a. Revising the entry ``Sec.  63.6(f)(1)'';
0
b. Removing the entries for ``Sec.  63.10(b)(vi)'' and ``Sec.
63.10(b)(vii)-(xiv)'' and adding in their places ``Sec.
63.10(b)(2)(vi)'' and``Sec.  63.10(b)(2)(vii)-(xiv)'', respectively;
and
0
c. Revising the entry for ``Sec.  63.10(d)(3).''
    The revisions and additions read as follows:
* * * * *

         Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General Provisions to Subpart AAAA
----------------------------------------------------------------------------------------------------------------
                                                                              Applicable to
                                                           Applicable to     subpart AAAA  no
        Part 63 citation               Description          subpart AAAA        later than        Explanation
                                                         before  September    September 27,
                                                              28, 2021             2021
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.6(f)(1)..............  Exemption of            No...............  No...............
                                  nonopacity emission
                                  standards during SSM.

                                                  * * * * * * *
Sec.   63.10(b)(2)(vi).........  Recordkeeping for CMS   No \1\...........  Yes..............
                                  malfunctions.
Sec.   63.10(b)(2)(vii)-(xiv)..  Other Recordkeeping of  No \1\...........  Yes..............
                                  compliance
                                  measurements.

                                                  * * * * * * *
Sec.   63.10(d)(3).............  Reporting of visible    No \1\...........  No...............
                                  emission observations.

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

* * * * *

[FR Doc. 2021-07566 Filed 4-12-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72716-72720]
[FR Doc No: 2016-25302]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0145; FRL-9954-15-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
North Dakota; Revisions to Air Pollution Control Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of North
Dakota on January 28, 2013 and April 22, 2014. The revisions are to
Article 33-15 Air Pollution Control rules of the North Dakota
Administrative Code. The revisions include amendments to update the
Prevention of Significant Deterioration (PSD) rules and the definition
of ``volatile organic compounds''; to add particulate matter less than
2.5 microns in diameter (PM2.5) methods of measurement; to
modify the PM2.5 state ambient air quality standard,
permissible open burning rule, and permit fee processes; and, to remove
permitting fees for sources that operate an air monitoring site. The
revisions also make clarifying changes. This action is being taken
under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on November 21, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2013-0145. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In our notice of proposed rulemaking published on August 25, 2016
(81 FR 53438), EPA proposed to approve revisions to Article 33-15 Air
Pollution Control rules of the North Dakota Administrative Code
submitted by the State of North Dakota on January 28, 2013 and April
22, 2014. In this rulemaking, we are taking final action on revisions
submitted in the January 28, 2013 submittal to update the PSD rules;
add PM2.5 methods of measurement; revise permit fee
processing; remove permitting fees for sources that operate an air
monitoring site; and make clarifying changes. The North Dakota State
Health Council adopted those amendments on August 14, 2012 (effective
January 1, 2013). In addition, we are also taking final action on
revisions submitted in the April 22, 2014 submittal to update the PSD
rules and the definition of ``volatile organic compounds''; revise the
PM2.5 state ambient air quality standard and permissible
open burning rule; and clarify excess emissions reporting requirements.
The North Dakota State Health Council adopted those amendments on
February 11, 2014 (effective April 1, 2014). The reasons for our
approval are provided in detail in the proposed rule.

II. Response to Comments

    We received no comments on our proposed rule.

III. Final Action

    For the reasons expressed in the proposed rule, EPA is approving
revisions to sections of the State's Air Pollution Control rules from
the January 28, 2013 and April 22, 214 submittals. A comprehensive
summary of the revisions in North Dakota's Air Pollution Control rules
organized by the EPA's action, reason for ``no action'' and submittal
date are provided in Table 1 and Table 2 below.

    Table 1--List of North Dakota Revisions That the EPA Is Approving
------------------------------------------------------------------------

-------------------------------------------------------------------------
 Revisions in January 28, 2013 and April 22, 2014 Submittals That EPA Is
                                Approving
------------------------------------------------------------------------
January 28, 2013 submittal: 33-15-01-05; 33-15-01-13.3; 33-15-03-04.5;
 33-15-05-04.3; 33-15-14-02.13.c(4); 33-15-15-01.2 [dagger]; 33-15-17-
 02.4; 33-15-17-02.6; 33-15-23-02.2.c; 33-15-23-03.1
April 22, 2014 submittal: 33-15-01-04; 33-15-02, Table 1.; 33-15-04-
 02.2.a; 33-15-06-05.1; 33-15-15-01.2; 33-15-23-03
------------------------------------------------------------------------
[dagger] Except for the incorporation by reference date in the first
  paragraph and the revision associated with 40 CFR 52.21(l)(1).

                   Table 2--List of North Dakota Revisions That the EPA Is Taking No Action on
----------------------------------------------------------------------------------------------------------------
                                                                            Reason for ``No Action''
                                                              --------------------------------------------------
                                                                   Revision                       Revision will
                       Revised section                          superseded by    Revision acted   be acted on in
                                                                April 22, 2014    on in 79 FR        a future
                                                                  submittal          63045          submittal
----------------------------------------------------------------------------------------------------------------
           Revisions in January 28, 2013 and April 22, 2014 Submittals That EPA Is Taking No Action on
----------------------------------------------------------------------------------------------------------------
January 28, 2013 Submittal:
    33-15-01-04..............................................               x
33-15-03-04.4................................................                                x
33-15-05-01.2a(1)............................................                                x
33-15-14-02.1................................................                                                 x
33-15-14-02.5.a..............................................                                                 x
33-15-15-01.2 [Dagger].......................................               x
33-15-15-01.2  .............................................                                                 x
April 22, 2014 Submittal:
    33-15-03-05..............................................                                                 x
----------------------------------------------------------------------------------------------------------------
[Dagger] Only the revision to the incorporation by reference date in the first paragraph.
  Only the revision associated with 40 CFR 52.21(l)(1).

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of North
Dakota Air Pollution Control rules described in the amendments set
forth to 40 CFR part 52 below. Therefore, these materials have been
approved by the EPA for inclusion in the State implementation plan,
have been incorporated by reference by the EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's approval, and
will be incorporated by reference by the Director of the Federal
Register in the next update to the SIP compilation.\1\ The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 8 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
final action merely approves some state law as meeting federal
requirements; this final action does not impose additional requirements
beyond those imposed by state law. For that reason, this final action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, Oct. 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, Aug. 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, Feb. 16, 1994).

The SIP is not approved to apply on any Indian reservation land or in
any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must

submit a rule report, which includes a copy of the rule, to each House
of the Congress and to the Comptroller General of the United States.
The EPA will submit a report containing this action and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 20, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: September 29, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart JJ--North Dakota

0
2. Section 52.1820 (c) is amended as follows:
0
a. Under ``33-15-01. General Provisions'' by revising entries ``33-15-
01-04'', ``33-15-01-05'', and ``33-15-01-13'';
0
b. Under ``33-15-02. Ambient Air Quality Standards'' by revising entry
``Table 1'';
0
c. Under ``33-15-03. Restriction of Emission of Visible Air
Contaminants'' by revising entry ``33-15-03-04'';
0
d. Under ``33-15-04. Open Burning Restrictions'' by revising entry
``33-15-04-02'';
0
e. Under ``33-15-05. Emissions of Particulate Matter Restricted'' by
revising entry ``33-15-05-04'';
0
f. Under ``33-15-06. Emissions of Sulfur Compounds Restricted'' by
revising entry ``33-15-06-05'';
0
g. Under ``33-15-14. Designated Air Contaminant Sources Permit to
Construct Minor Source Permit to Operate Title V Permit to Operate'' by
revising entry ``33-15-14-02'';
0
h. Under ``33-15-15. Prevention of Significant Deterioration of Air
Quality'' by revising entry ``33-15-15-01.2'';
0
i. Under ``33-15-17. Restriction of Fugitive Emissions'' by revising
entry ``33-15-17-02''; and
0
j. Under ``33-15-23. Fees'' by revising entries ``33-15-23-02'' and
``33-15-23-03.''
    The revisions read as follows:

Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                 State       EPA effective      Final rule
        Rule No.             Rule title     effective date       date         citation/date         Comments
----------------------------------------------------------------------------------------------------------------
                                          33-15-01. General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-01-04............  Definitions......        4/1/2014        11/21/16  [Insert Federal    .................
                                                                             Register
                                                                             citation], 10/21/
                                                                             16.
33-15-01-05............  Abbreviations....        1/1/2013        11/21/16  [Insert Federal    .................
                                                                             Register
                                                                             citation], 10/21/
                                                                             16.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-01-13............  Shutdown and             1/1/2013        11/21/16  [Insert Federal    .................
                          malfunction of                                     Register
                          an installation--                                  citation], 10/21/
                          Requirement for                                    16.
                          notification.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     33-15-02. Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Table 1................  Ambient Air              4/1/2014        11/21/16  [Insert Federal    .................
                          Quality                                            Register
                          Standards.                                         citation], 10/21/
                                                                             16.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          33-15-03. Restriction of Emission of Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-03-04............  Exceptions.......        1/1/2013        11/21/16  [Insert Federal    .................
                                                                             Register
                                                                             citation], 10/21/
                                                                             16.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       33-15-04. Open Burning Restrictions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-04-02............  Permissible open         4/1/2014        11/21/16  [Insert Federal    .................
                          burning.                                           Register
                                                                             citation], 10/21/
                                                                             16.
----------------------------------------------------------------------------------------------------------------
                              33-15-05. Emissions of Particulate Matter Restricted
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-05-04............  Methods of               1/1/2013        11/21/16  [Insert Federal    .................
                          measurement.                                       Register
                                                                             citation], 10/21/
                                                                             16.
----------------------------------------------------------------------------------------------------------------
                               33-15-06. Emissions of Sulfur Compounds Restricted
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-06-05............  Reporting and            4/1/2014        11/21/16  [Insert Federal    .................
                          recordkeeping                                      Register
                          requirements.                                      citation], 10/21/
                                                                             16.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 33-15-14. Designated Air Contaminant Sources Permit to Construct Minor Source Permit to Operate Title V Permit
                                                   to Operate
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-14-02............  Permit to                1/1/2013        11/21/16  [Insert Federal    Excluding
                          construct.                                         Register           subsections 1,
                                                                             citation], 10/21/  12, 13, 3.c.,
                                                                             16.                13.b.1., 5,
                                                                                13.c., 13.i(5),
                                                                                13.o., and 19
                                                                                (one sentence)
                                                                                which were
                                                                                subsequently
                                                                                revised and
                                                                                approved. See 57
                                                                                FR 28619 (6/26/
                                                                                92), regarding
                                                                                State's
                                                                                commitment to
                                                                                meet
                                                                                requirements of
                                                                                EPA's
                                                                                ``Guideline on
                                                                                Air Quality
                                                                                Models
                                                                                (revised).''

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        33-15-15. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-15-01.2..........  Scope............        1/1/2013        11/21/16  [Insert Federal    Except for the
                                                  4/1/2014                   Register           revision
                                                                             citation], 10/21/  associated with
                                                                             16.                40 CFR
                                                                                52.21(l)(1).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   33-15-17. Restriction of Fugitive Emissions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-17-02............  Restriction of           1/1/2013        11/21/16  [Insert Federal    .................
                          fugitive                                           Register
                          particulate                                        citation], 10/21/
                          emissions.                                         16.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 33-15-23. Fees
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-23-02............  Permit to                1/1/2013        11/21/16  [Insert Federal    .................
                          construct fees.                                    Register
                                                                             citation], 10/21/
                                                                             16.
33-15-23-03............  Minor source             1/1/2013        11/21/16  [Insert Federal    .................
                          permit to               4/1/2014                   Register
                          operate fees.                                      citation], 10/21/
                                                                             16.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Sec.  52.1829  [Amended]

0
3. Section 52.1829 is amended by removing paragraphs (c) and (d).

[FR Doc. 2016-25302 Filed 10-20-16; 8:45 am]
 BILLING CODE 6560-50-P