[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
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States and
Region Address territories
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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
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Status States
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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.
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\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]
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