Notice of Finding of Failure To Submit State Plans for the Municipal Solid Waste Landfills Emission Guidelines

Published date12 March 2020
Citation85 FR 14474
Record Number2020-05079
SectionNotices
CourtEnvironmental Protection Agency
Federal Register, Volume 85 Issue 49 (Thursday, March 12, 2020)
[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
                [Notices]
                [Pages 14474-14477]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-05079]
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                ENVIRONMENTAL PROTECTION AGENCY
                [EPA-HQ-OAR-2019-0338; FRL-10006-53-OAR]
                Notice of Finding of Failure To Submit State Plans for the
                Municipal Solid Waste Landfills Emission Guidelines
                AGENCY: Environmental Protection Agency (EPA).
                ACTION: Notice.
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                SUMMARY: The U.S. Environmental Protection Agency (EPA) finds that 42
                states and territories have failed to submit state plans for the 2016
                Emission Guidelines and Compliance Times for Municipal Solid Waste
                Landfills (MSW Landfills EG). According to the MSW
                [[Page 14475]]
                Landfills EG, states were required to submit state plans to the EPA for
                review and approval by August 29, 2019. The compliance times in the new
                implementing regulations for the MSW Landfills EG also establish a
                deadline of 2 years for the EPA to promulgate a federal plan for states
                that have failed to submit a state plan. It should be noted that the
                new implementing regulations do not impose sanctions or set deadlines
                for imposing sanctions for these states.
                DATES: The findings are effective on February 29, 2020.
                ADDRESSES: 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 the https://www.regulations.gov/ website. Although listed,
                some information is not publicly available, e.g., Confidential Business
                Information or other information whose disclosure is restricted by
                statute. Certain other material, such as copyrighted material, is not
                placed on the internet and will be publicly available only in hard copy
                form. Publicly available docket materials are available either
                electronically through https://www.regulations.gov/, or in hard copy at
                the EPA Docket Center, WJC West Building, Room Number 3334, 1301
                Constitution Ave. NW, Washington, DC. The Public Reading Room hours of
                operation are 8:30 a.m. to 4:30 p.m., Eastern Standard Time, Monday
                through Friday. The telephone number for the Public Reading Room is
                (202) 566-1744, and the telephone number for the EPA Docket Center is
                (202) 566-1742.
                FOR FURTHER INFORMATION CONTACT: For questions about this document,
                contact 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: (919) 541-4161; fax
                number: (919) 541-0516; and email address: [email protected]. For
                information regarding state plan submissions, contact the appropriate
                EPA Regional office listed in Table 1 of this preamble.
                 Table 1--EPA Regional Offices
                ------------------------------------------------------------------------
                 States and
                 Region Address territories
                ------------------------------------------------------------------------
                Region I.................... 5 Post Office Square- Connecticut,
                 Suite 100, Boston, Massachusetts,
                 MA 02109-3912. Maine, New
                 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................... 1201 Elm Street- Arkansas, Louisiana,
                 Suite 500, Dallas, New Mexico,
                 TX 75270-2102. Oklahoma, Texas.
                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.
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                SUPPLEMENTARY INFORMATION:
                 Organization of This Document. The information in this document is
                organized as follows:
                I. Background
                II. Status of State Plan Submittals
                III. Findings for State Plan Submittals
                I. Background
                 In a Federal Register document dated August 29, 2016, the EPA
                promulgated new EG for MSW Landfills (81 FR 59332). Additionally, on
                August 26, 2019, the EPA revised the MSW Landfills EG to update the
                timing requirements for the submission, review, and approval of state
                plans and promulgation of a federal plan (84 FR 44547). Pursuant to 40
                CFR 60.30f(b), states were required to submit state plans for the MSW
                Landfills EG by August 29, 2019. Furthermore, pursuant to 40 CFR
                60.27a(c), the EPA is required to promulgate a federal plan applicable
                to any states that were found to have failed to submit complete state
                plans implementing the MSW Landfills EG within 2 years of such a
                finding. While such findings would typically be included in the
                preamble to a proposed federal plan, the proposed rule, 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, was published on August 22, 2019 (84
                FR 43748), which preceded the revised state plan due date. Therefore,
                this notice provides supplemental information to update the list of
                submitted state plans as of February 29, 2020.
                 For the purposes of this document, the word ``state'' means any of
                the 50 United States, local agencies that have been delegated
                implementation and enforcement authority within those 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 U.S. Virgin
                Islands.
                 These findings of failure to submit do not impose sanctions or set
                deadlines for imposing sanctions. Notably, Clean Air Act (CAA) section
                111(d), the new implementing regulations for CAA section 111(d) (84 FR
                32564, July 8, 2019), and the MSW Landfills EG adopting the new
                implementing regulations (84 FR 44547, August 26, 2019) do not contain
                sanctions provisions. Particularly, the new implementing regulations
                largely changed the timing of deadlines for submission, review, and
                approval of state plans and promulgation of a federal plan; as well as
                clarified the procedures for state plan submission and review. Relevant
                for this document, the new compliance times established a 2-year
                deadline from findings of failure to submit state plans for the EPA to
                promulgate a federal plan to implement the MSW Landfills EG.
                [[Page 14476]]
                II. Status of State Plan Submittals
                 The EPA previously published a summary of state plan submittals in
                Table 2 of the proposed rule, 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,
                on August 22, 2019 (84 FR 43748). This notice updates that list to
                reflect the amendments to 40 CFR 60.30f(a) and (b) that changed the
                deadline for state plan submittals for the MSW Landfills EG to August
                29, 2019, and 40 CFR 60.27a(c)(1) that updated the procedures for the
                promulgation of the federal plan to include findings of failures to
                submit state plans. As of February 29, 2020, the EPA had received three
                negative declarations and 11 plans to implement the MSW Landfills EG.
                These totals include plans submitted under both the old subpart B and
                the new subpart Ba implementing regulations in 40 CFR part 60. The EPA
                reviewed and approved eight of the state plans that were submitted,
                which are listed in section I of Table 2 of this document, and
                documented the plans in the memorandum, Approved State Plans
                Implementing the 2016 MSW Landfills Emission Guidelines, which is
                available in the docket for this document. The EPA is currently
                reviewing the other negative declarations and state plans that were
                submitted (listed in sections II and III of Table 2 of this document).
                A summary of the status of all state plans is also provided in Table 2
                of this document.
                 Table 2--Status of State Plan Submittals
                ------------------------------------------------------------------------
                 Status States
                ------------------------------------------------------------------------
                I. EPA-Approved State Plans............ Arizona (one plan covering
                 Pinal County and another
                 covering the state),\1\
                 California (partial approval,
                 partial disapproval),
                 Delaware, New Mexico (one plan
                 covering Albuquerque -
                 Bernalillo County and another
                 covering the state), Virginia,
                 West Virginia.
                II. Negative Declarations Submitted to Philadelphia, Vermont,
                 the EPA \2\. Washington DC.
                III. Final State Plans Submitted to the New York, Oregon, South Dakota.
                 EPA \3\.
                IV. EPA Has Not Received a Final State Alabama,\4\ Alaska, Arkansas,
                 Plan or Negative Declaration. Colorado, Connecticut,
                 Florida, Georgia, Hawaii,
                 Idaho, Illinois, Indiana,
                 Iowa, Kansas, Kentucky,
                 Louisiana, Maine, Maryland,
                 Massachusetts, Michigan,
                 Minnesota, Mississippi,
                 Missouri, Montana, Nebraska,
                 Nevada, New Hampshire, New
                 Jersey, North Carolina, North
                 Dakota, Ohio, Oklahoma,
                 Pennsylvania,\5\ Puerto Rico,
                 Rhode Island, South Carolina,
                 Tennessee, Texas, Utah, Virgin
                 Islands, Washington,
                 Wisconsin, Wyoming.
                V. Indicated Intent to Submit Negative Maine, Rhode Island.
                 Declarations to the EPA.
                VI. Indicated Intent to Submit State Arkansas, Minnesota, Michigan,
                 Plans to the EPA. North Dakota, Ohio, Oklahoma,
                 Texas.
                VII. Indicated Intent to Accept Connecticut, Idaho, Maryland,
                 Delegation of Federal Plan. Massachusetts, New Hampshire,
                 Pennsylvania, Washington.
                ------------------------------------------------------------------------
                \1\ The Arizona State Plan does not cover Maricopa, Pinal, or Pima
                 counties. A plan for Maricopa County was submitted but subsequently
                 withdrawn.
                \2\ The negative declarations were submitted on the following dates:
                 Philadelphia--March 15, 2018; Vermont--September 10, 2019; Washington,
                 DC--November 15, 2019.
                \3\ The state plans were submitted on the following dates: New York--
                 December 11, 2019; Oregon--August 2, 2019; South Dakota--January 7,
                 2020.
                \4\ A plan for Alabama was submitted but subsequently withdrawn.
                \5\ The Pennsylvania State Plan does not cover the City of Philadelphia.
                 The EPA is not making any finding in this document regarding plans
                from the eight states that have already been approved. These plans are
                Arizona; Pinal County, Arizona; California (partial approval, partial
                disapproval); Delaware; New Mexico; Albuquerque--Bernalillo County, New
                Mexico; Virginia, and West Virginia. Similarly, the EPA is not making
                any finding in this action for the six states that have submitted
                negative declarations or state plans that are currently under review:
                New York, Oregon, Philadelphia, South Dakota, Vermont, and Washington,
                DC. The EPA intends to publish any applicable findings for the states
                that submitted state plans after August 29, 2019, in conjunction with
                future Federal Register documents proposing or promulgating a state
                plan for the applicable states or the federal plan to implement the MSW
                Landfills EG. The EPA is making findings that certain states, as
                identified in section III of this document, have failed to submit a
                state plan by February 29, 2020, that implements the MSW Landfills EG.
                The EPA is committed to working with these states to expedite the
                needed submissions and to working with all the states to review and act
                on their MSW Landfills EG state plan submissions.
                III. Findings for State Plan Submittals
                 The EPA is finding that the 42 states and territories listed in
                section IV of Table 2 of this document have not met the requirements of
                40 CFR 60.23a(a)(1) and 60.30f(b) for the MSW Landfills EG because they
                have not submitted a negative declaration or a final state plan. The
                following states and territories failed to make a complete submittal to
                satisfy the requirements of the MSW Landfills EG: Alabama, Alaska,
                Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho,
                Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland,
                Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana,
                Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North
                Dakota, Ohio, Oklahoma, Pennsylvania (except for Philadelphia), Puerto
                Rico, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virgin
                Islands, Washington, Wisconsin, and Wyoming.
                 By this action, the EPA is starting a 2-year deadline by which time
                the EPA must promulgate a federal plan implementing the MSW Landfills
                EG for these states, unless a state submits, and the EPA approves a
                state plan prior to promulgation of a federal plan for the MSW
                Landfills EG. As noted earlier, this finding does not impose sanctions
                and the EPA is committed to working with these states to expedite the
                needed submissions and to review and act on their state plan
                submissions.
                [[Page 14477]]
                 Dated: March 6, 2020.
                Anne L. Idsal,
                Principal Deputy Assistant Administrator, Office of Air and Radiation.
                [FR Doc. 2020-05079 Filed 3-11-20; 8:45 am]
                 BILLING CODE 6560-50-P
                

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