[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Proposed Rules]
[Pages 77542-77544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24959]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2023-0048; FRL-10936-01-R4]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Alabama; Control of Emissions From Existing 
Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a Clean Air Act (CAA) section 111(d) plan submitted by the 
Alabama Department of Environmental Management (ADEM) on October 18, 
2021. This state plan was submitted to fulfill the requirements of the 
CAA and is responsive to EPA's promulgation of Emissions Guidelines and 
Compliance Times for municipal solid waste (MSW) landfills. The Alabama 
state plan establishes emission limits for existing MSW landfills and 
provides for the implementation and enforcement of those standards and 
requirements.

DATES: Written comments must be received on or before December 13, 
2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0048 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be confidential business information (CBI) 
or other information whose disclosure is restricted by statute. 
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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tracy Watson, Communities and Air 
Toxics Section, Air Analysis and Support Branch, Air and Radiation 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
St. SW, Atlanta, Georgia 30303. The telephone number is (404) 562-8998. 
Mr. Watson can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#6a1d0b1e19050444070b180305042a0f1a0b440d051c"><span class="__cf_email__" data-cfemail="aaddcbded9c5c484c7cbd8c3c5c4eacfdacb84cdc5dc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 29, 2016, EPA finalized revised Standards of Performance 
for new MSW landfills and Emission Guidelines and Compliance Times for 
existing MSW landfills in 40 CFR part 60, subpart XXX and Cf, 
respectively (81 FR 59332 and 81 FR 59276). These actions were taken in 
accordance with section 111 of the CAA.
    Section 111(d) of the CAA requires EPA to establish a procedure for 
a state to submit a plan to EPA which establishes standards of 
performance for any existing source of any air pollutant: (1) For which 
air quality criteria have not been issued or which is not included on a 
list published under CAA section 108 or emitted from a source category 
which is regulated under CAA section 112, but (2) to which a standard 
of performance under CAA section 111 would apply if such existing 
source were a new source. EPA established these requirements for state 
plan submittals in 40 CFR part 60, subpart B. State submittals under 
CAA sections 111(d) must be consistent with the relevant emission 
guidelines, in this instance 40 CFR part 60, subpart Cf, and the 
requirements of 40 CFR part 60, subpart B and 40 CFR part 62, subpart 
A. If the state plan is complete and approvable with reference to these 
requirements, EPA notifies the public, promulgates the plan pursuant to 
40 CFR part 62, and delegates implementation and enforcement of the 
standards and requirements of the emission guidelines to the state 
under the terms of the state plan as published in the CFR.
    On October 18, 2021, the ADEM submitted to EPA a formal section 
111(d) plan for existing MSW landfills. The section 111(d) plan was 
submitted in response to the August 29, 2016, promulgation, and the 
March 26, 2020, subsequent amendments, of the emission guidelines 
requirements for

[[Page 77543]]

MSW landfills, 40 CFR part 60, Cf (81 FR 59276 and 85 FR 17244, 
respectively).

II. Summary and Analysis of the Plan Submittal

    EPA has reviewed the Alabama section 111(d) plan submittal in the 
context of the plan completeness and approvability requirements of 40 
CFR part 60, subparts B and Cf, and 40 CFR part 62, subpart A. EPA is 
proposing to determine that the submitted section 111(d) plan meets the 
above cited requirements. The Alabama state plan submittal package 
includes all materials necessary to be deemed administratively and 
technically complete according to the criteria of 40 CFR 60.27. 
Included within the section 111(d) plan are regulations under the ADEM 
Administrative Code specifically, ADEM Administrative Code Rule 335-3-
19--``Control of Municipal Solid Waste Landfill Gas Emissions.'' 
Alabama houses its implementation and enforcement authority for the 
state plan requirements in this regulation. In this action, EPA is 
proposing to incorporate by reference ADEM Administrative Code Rule 
335-3-19, which became effective in the State of Alabama on December 
13, 2021. A detailed explanation of the rationale behind this proposed 
approval is available in the Technical Support Document (TSD) included 
in the docket for this action.

III. Proposed Action

    EPA is proposing to approve the Alabama section 111(d) plan for MSW 
landfills pursuant to 40 CFR part 60, subparts B and Cf. Therefore, EPA 
is proposing to amend 40 CFR part 62, subpart B to reflect this action. 
This approval is based on the rationale previously discussed and 
discussed in further detail in the TSD associated with this action.
    The EPA Administrator continues to retain authority for approval of 
alternative methods to determine the nonmethane organic compound 
concentration or a site-specific methane generation rate constant (k), 
as stipulated in 40 CFR 60.30f(c).

IV. Incorporation by Reference

    In this document, EPA is proposing to include regulatory text that 
incorporates by reference the state plan. In accordance with 
requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference ADEM Administrative Code Rule 335-3-19, which became 
effective in the State of Alabama on December 13, 2021. ADEM 
Administrative Code Rule 335-3-19 provides details regarding Alabama's 
adoption of the applicability provisions, compliance times, emission 
guidelines, operational standards, test methods, compliance provisions, 
monitoring requirements, reporting guidelines, recordkeeping 
guidelines, specifications for active landfill gas collection systems 
and definitions contained in EPA's emission guidelines for existing 
municipal solid waste landfills (40 CFR part 60, subpart Cf). EPA has 
made, and will continue to make, these materials generally available 
through the docket for this action, EPA-R04-OAR-2023-0048, at https://www.regulations.gov and at EPA Region 4 Office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    In reviewing state plan submissions, EPA's role is to approve state 
choices, provided they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    Executive Order 12898 (59 FR 7629), February 16, 1994) directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or Indigenous 
peoples) and low-income populations.
    The EPA believes that the human health and environmental conditions 
that exist prior to this action result in, or have the potential to 
result in, disproportionate and adverse human health or environmental 
effects on people of color, low-income populations, and/or Indigenous 
peoples. Certain areas of the State include communities that are 
pollution-burdened and underserved according to demographic data. EPA 
performed a screening-level analysis using EPA's EJSCREEN to identify 
environmental burdens and susceptible populations in communities 
surrounding MSW landfill facilities in the State. The results of the 
demographic analysis are presented in the EJ Screening Report for 
Municipal Solid Waste Landfills, a copy of which is available in the 
docket for this action, Docket ID No. EPA-R04-EPA-2023-0048.
    The EPA believes that this action is not likely to result in 
disproportionate and adverse effects on people of color, low-income 
populations, and/or Indigenous peoples because the State plan would 
reduce emissions of landfill gas, which contains both nonmethane 
organic compounds and methane. Nonmethane organic compounds can contain 
various organic hazardous air pollutants (HAPs) and volatile organic 
compounds (VOCs). Nearly 30 organic HAPs have been identified in 
uncontrolled landfill gas, with at least one identified as a known 
human carcinogen. VOC emissions are precursors to particulate matter 
and ozone formation, both of which are associated with health effects 
such as premature mortality for adults and infants, cardiovascular 
morbidity such as heart attacks, and respiratory morbidity such as 
asthma attacks, acute bronchitis, and other respiratory symptoms. 
Additionally, the State plan is expected to result in a reduction of 
carbon dioxide due to reduced demand by landfills for electricity from 
the grid, as landfills will generate electricity from landfill gas. 
These abated emissions will improve air quality and reduce the effects 
associated with exposure to landfill gas emissions, protecting public

[[Page 77544]]

health and welfare. The EPA has determined that this action increases 
the level of environmental protection for all affected populations 
without having any disproportionately high and adverse human health or 
income or environmental effects on any population, including any 
minority, low-income, or Indigenous populations. To the extent that any 
minority, low-income, or Indigenous subpopulation is disproportionately 
impacted by landfill gas emissions due to the proximity of their homes 
to sources of these emissions, that subpopulation also stands to see 
increased environmental and health benefit from the emission reductions 
called for by this action.
    In addition, this proposed approval of Alabama's State plan for 
existing MSW landfills does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
State plan is not approved to apply in Indian country located in the 
State, and the EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 62

    Administrative practice and procedure, Air pollution control, 
Environmental protection, Landfills, Incorporation by reference, 
Intergovernmental relations, Methane, Ozone, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 2, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-24959 Filed 11-9-23; 8:45 am]
BILLING CODE 6560-50-P


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