82 FR 24878 - Stay of Standards of Performance for Municipal Solid Waste Landfills and Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 103 (May 31, 2017)

Page Range		24878-24879
FR Document		2017-10752

By a letter dated May 5, 2017, the Administrator announced the convening of a proceeding for reconsideration of certain requirements in the final rules, ``Standards of Performance for Municipal Solid Waste Landfills,'' and ``Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills,'' both published on August 29, 2016. In this action, the EPA is staying subparts, which were added or revised by the two rules, for 90 days pending reconsideration.

Federal Register, Volume 82 Issue 103 (Wednesday, May 31, 2017)

[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24878-24879]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10752]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0215 and EPA-HQ-OAR-2014-0451; FRL-9963-19-OAR]
RIN 2060-AT62


Stay of Standards of Performance for Municipal Solid Waste 
Landfills and Emission Guidelines and Compliance Times for Municipal 
Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Stay.

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

SUMMARY: By a letter dated May 5, 2017, the Administrator announced the 
convening of a proceeding for reconsideration of certain requirements 
in the final rules, ``Standards of Performance for Municipal Solid 
Waste Landfills,'' and ``Emission Guidelines and Compliance Times for 
Municipal Solid Waste Landfills,'' both published on August 29, 2016. 
In this action, the EPA is staying subparts, which were added or 
revised by the two rules, for 90 days pending reconsideration.

DATES: Title 40 CFR part 60, subpart Cf, and 40 CFR part 60, subpart 
XXX, are stayed from May 31, 2017 until August 29, 2017.

ADDRESSES: Electronic copies of this document are available on the 
EPA's Web site at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards. 
Copies of this document are also available at https://www.regulations.gov, at Docket ID No. EPA-HQ-OAR-2003-0215 and EPA-HQ-
OAR-2014-0451.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Tsirigotis, Sector Policies 
and Programs Division (D205-01), U.S. Environmental Protection Agency, 
Research Triangle Park, NC 27711; telephone number: (888) 627-7764; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 14, 2016, the U.S. Environmental Protection Agency (EPA) 
Administrator signed a final rule establishing new source performance 
standards (NSPS) intended to reduce emissions of landfill gas from new, 
modified, and reconstructed municipal solid waste (MSW) landfills, 
thereby updating standards that were issued in 1996. In a separate 
action, the Administrator also signed a final rule revising guidelines 
for reducing emissions from existing MSW landfills, thereby updating 
the previous emissions guidelines (EG), which also were issued in 1996. 
The NSPS are codified at 40 CFR part 60, subpart XXX, and the EG are 
codified at 40 CFR part 60, subpart Cf. For further information on 
these 2016 rules, see 81 FR 59332 and 81 FR 59276 (August 29, 2016).
    On October 27, 2016, a number of interested parties submitted 
administrative petitions to the EPA seeking reconsideration of various 
aspects of the 2016 rules pursuant to section 307(d)(7)(B) of the Clean 
Air Act (CAA) (42 U.S.C. 7607(d)(7)(B)).\1\ Under section 307(d)(7)(B) 
of the CAA, the Administrator shall convene a reconsideration 
proceeding if, in the Administrator's judgment, the petitioner raises 
an objection to a rule that was impracticable to raise during the 
comment period or if the grounds for the objection arose after the 
comment period, but within the period for judicial review. In either 
case, the Administrator must also conclude that the objection is of 
central relevance to the outcome of the rule. The Administrator may 
stay the effectiveness of the rule for up to 3 months during such 
reconsideration.
---------------------------------------------------------------------------

    \1\ Copies of these petitions are included in the docket for the 
2016 rules, Docket ID No. EPA-HQ-OAR-2003-0215 and EPA-HQ-OAR-2014-
0451.
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    In a letter dated May 5, 2017, based on the criteria in CAA section 
307(d)(7)(B), the Administrator convened a proceeding for 
reconsideration. The May 5, 2017, letter announced the convening of an 
administrative reconsideration proceeding to reconsider the following 
topics from one petition: (1) Tier 4 surface emission monitoring; (2) 
annual liquids reporting; (3) corrective action

[[Page 24879]]

timeline procedures; (4) overlapping applicability with other rules; 
(5) the definition of cover penetration; and (6) design plan approval. 
As part of the proceeding, the EPA will prepare a notice of proposed 
rulemaking that will provide the petitioners and the public an 
opportunity to comment on the issues identified in that letter. As 
explained in the letter, the EPA has not taken action on the remaining 
issues in the petitions for reconsideration. A copy of the letter is 
included in the dockets for this rule, Docket ID No. EPA-HQ-OAR-2003-
0215 and EPA-HQ-OAR-2014-0451.
    The EPA convened a proceeding for reconsideration based on the 
determination that some of the objections raised in the petition for 
reconsideration met the criteria set forth in CAA section 307(d)(7)(B), 
42 U.S.C. 7607(d)(7)(B), which requires the Administrator to convene a 
proceeding for reconsideration of a rule when the person raising an 
objection to a rule can demonstrate: (1) That it was either impractical 
to raise the objection during the period for public comment or that the 
grounds for the objection arose after the period for public comment; 
and (2) that the objection is of central relevance to the outcome of 
the rule. In particular, we determined that the tier 4 surface 
emissions monitoring (SEM) issues raised in the petition for 
reconsideration met those criteria. The proposed rule included tier 4 
SEM as an optional monitoring method; however, the final rule imposed 
restrictions on the use of tier 4 SEM, e.g., limits on wind speed, the 
use of wind barriers, and restricting the use of tier 4 SEM to 
landfills with non-methane organic compounds emission rates between 34 
and 50 mega grams per year, that were not included in the proposal. 
While we believe that the restrictions are appropriate in light of the 
potential impact of the results of tier 4 SEM, we recognize that they 
were added without the benefit of public comment. Thus, we find that 
the petitioners have demonstrated that it was impractical to raise the 
objection during the period for public comment. We also find that the 
objection to the restrictions on the use of tier 4 SEM is of central 
relevance to the outcome of the rule. Tier 4 SEM can be used as a site-
specific methodology for determining whether and when the requirement 
to install a gas collection and control system is triggered. The 
restrictions limit an owner's/operator's ability to use tier 4 SEM for 
those purposes, thereby reducing intended flexibility in the rule. If 
we had the benefit of public comment on the restrictions, we might have 
structured the rule in such a way as to minimize any potential impacts 
on flexibility.

II. Stay of Subparts Cf and XXX

    By this action, the EPA is staying the subparts added or revised by 
two final rules, ``Standards of Performance for Municipal Solid Waste 
Landfills,'' 81 FR 59332 and ``Emission Guidelines and Compliance Times 
for Municipal Solid Waste Landfills,'' 81 FR 59276 for 90 days pursuant 
to its authority under section 307(d)(7)(B) of the CAA. We believe that 
it is necessary to stay the subparts in their entirety because the tier 
4 SEM provisions in the two rules are integral to how the rules 
function as a whole. The ability to use tier 4 SEM is a primary aspect 
of the flexibility we intended to include in the rule. Tier 4 SEM can 
be used to determine on a site-specific basis whether and when the 
requirement to install and operate a gas collection and control system 
is triggered. The tier 4 SEM provision provides flexibility in 
complying with other requirements in the rules that does not otherwise 
exist. As a result, we believe that it is appropriate to stay the 
subparts in their entirety while we address the tier 4 SEM issues and 
the other issues for which the Administrator has granted 
reconsideration. Therefore, pursuant to section 307(d)(7)(B) of the 
CAA, the EPA is staying 40 CFR part 60, subpart XXX, and 40 CFR part 
60, subpart Cf, for 90 days.
    This stay will remain in place until August 29, 2017.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

    Dated: May 22, 2017.
E. Scott Pruitt,
Administrator.
    40 CFR part 60 is amended 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 Cf--[Stayed]

0
2. Subpart Cf is stayed from May 31, 2017 until August 29, 2017.

Subpart XXX--[Stayed]

0
2. Subpart XXX is stayed from May 31, 2017 until August 29, 2017.

[FR Doc. 2017-10752 Filed 5-30-17; 8:45 am]
 BILLING CODE 6560-50-P

24878 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations

Ohio nonattainment area has been and all base control devices and Authority: 42 U.S.C. 7401 et seq.
approved as submitted on June 29, 2016. upgrades for units P001, P071, P100,
P101, and P951 as fulfilling the RACM/ ■ 5. Section 81.336 is amended by
(e) EPA is approving the existing revising the entry for ‘‘Cleveland, OH:’’
controls and maintenance provisions in RACT 172(c)(1) requirement.
in the table entitled ‘‘Ohio—2008 Lead
the permit to install for the Ferro facility PART 81—DESIGNATION OF AREAS NAAQS’’ to read as follows:
including the preventative maintenance FOR AIR QUALITY PLANNING
plan, 0.3 tpy combined emissions limit PURPOSES § 81.336 Ohio.
for units P064 through P069 as well as * * * * *
the base control devices and upgrades, ■ 4. The authority citation for part 81
in addition the 0.009 tpy limit for P071 continues to read as follows:

OHIO—2008 LEAD NAAQS
Designation for the 2008 NAAQS a
Designated area
Date 1 Type

* * * * * * *
Cleveland, OH:
Cuyahoga County (part) ........................................................................................................................ 5/31/2017 Attainment.
The portions of Cuyahoga County that are bounded on the west by Washington Park Blvd./
Crete Ave./East 49th St., on the east by East 71st St., on the north by Fleet Ave., and on
the south by Grant Ave.

* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 December 31, 2011, unless otherwise noted.

[FR Doc. 2017–10968 Filed 5–30–17; 8:45 am] ADDRESSES: Electronic copies of this 2016 rules, see 81 FR 59332 and 81 FR
BILLING CODE 6560–50–P document are available on the EPA’s 59276 (August 29, 2016).
Web site at https://www.epa.gov/ On October 27, 2016, a number of
stationary-sources-air-pollution/ interested parties submitted
ENVIRONMENTAL PROTECTION municipal-solid-waste-landfills-new- administrative petitions to the EPA
AGENCY source-performance-standards. Copies seeking reconsideration of various
of this document are also available at aspects of the 2016 rules pursuant to
40 CFR Part 60 https://www.regulations.gov, at Docket section 307(d)(7)(B) of the Clean Air Act
[EPA–HQ–OAR–2003–0215 and EPA–HQ–
ID No. EPA–HQ–OAR–2003–0215 and (CAA) (42 U.S.C. 7607(d)(7)(B)).1 Under
OAR–2014–0451; FRL–9963–19–OAR] EPA–HQ–OAR–2014–0451. section 307(d)(7)(B) of the CAA, the
FOR FURTHER INFORMATION CONTACT: Mr. Administrator shall convene a
RIN 2060–AT62 Peter Tsirigotis, Sector Policies and reconsideration proceeding if, in the
Programs Division (D205–01), U.S. Administrator’s judgment, the petitioner
Stay of Standards of Performance for raises an objection to a rule that was
Environmental Protection Agency,
Municipal Solid Waste Landfills and impracticable to raise during the
Research Triangle Park, NC 27711;
Emission Guidelines and Compliance comment period or if the grounds for
telephone number: (888) 627–7764;
Times for Municipal Solid Waste the objection arose after the comment
email address: airaction@epa.gov.
Landfills period, but within the period for
SUPPLEMENTARY INFORMATION:
AGENCY: Environmental Protection judicial review. In either case, the
Agency (EPA). I. Background Administrator must also conclude that
the objection is of central relevance to
ACTION: Stay. On July 14, 2016, the U.S.
the outcome of the rule. The
Environmental Protection Agency (EPA)
SUMMARY: By a letter dated May 5, 2017, Administrator may stay the
Administrator signed a final rule
the Administrator announced the effectiveness of the rule for up to 3
establishing new source performance
convening of a proceeding for months during such reconsideration.
standards (NSPS) intended to reduce
reconsideration of certain requirements In a letter dated May 5, 2017, based
emissions of landfill gas from new,
in the final rules, ‘‘Standards of on the criteria in CAA section
modified, and reconstructed municipal
Performance for Municipal Solid Waste 307(d)(7)(B), the Administrator
solid waste (MSW) landfills, thereby
Landfills,’’ and ‘‘Emission Guidelines convened a proceeding for
updating standards that were issued in
and Compliance Times for Municipal reconsideration. The May 5, 2017, letter
1996. In a separate action, the
Solid Waste Landfills,’’ both published announced the convening of an
Administrator also signed a final rule
administrative reconsideration
asabaliauskas on DSKBBXCHB2PROD with RULES

on August 29, 2016. In this action, the revising guidelines for reducing
EPA is staying subparts, which were proceeding to reconsider the following
emissions from existing MSW landfills,
added or revised by the two rules, for 90 topics from one petition: (1) Tier 4
thereby updating the previous emissions
days pending reconsideration. surface emission monitoring; (2) annual
guidelines (EG), which also were issued
liquids reporting; (3) corrective action
DATES: Title 40 CFR part 60, subpart Cf, in 1996. The NSPS are codified at 40
and 40 CFR part 60, subpart XXX, are CFR part 60, subpart XXX, and the EG 1 Copies of these petitions are included in the
stayed from May 31, 2017 until August are codified at 40 CFR part 60, subpart docket for the 2016 rules, Docket ID No. EPA–HQ–
29, 2017. Cf. For further information on these OAR–2003–0215 and EPA–HQ–OAR–2014–0451.

VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1

Document Created: 2017-05-31 05:59:14
Document Modified: 2017-05-31 05:59:14

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Stay.
Dates		Title 40 CFR part 60, subpart Cf, and 40 CFR part 60, subpart XXX, are stayed from May 31, 2017 until August 29, 2017.
Contact		Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (888) 627-7764;
FR Citation		82 FR 24878
RIN Number		2060-AT62
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control and Reporting and Recordkeeping Requirements