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

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 62</CFR> <DEPDOC>[EPA-R06-OAR-2024-0232; FRL-12425-01-R6]</DEPDOC> <SUBJECT>Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Oklahoma; Control of Emissions From Existing Municipal Solid Waste Landfills</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve the CAA section 111(d)State plan submitted by the State of Oklahoma for sources subject to the Municipal Solid Waste (MSW) Landfills Emission Guidelines (EG). The Oklahoma MSW landfills plan was submitted to fulfill the State's obligations under CAA section 111(d) to implement and enforce the requirements under the MSW Landfills EG. The EPA is proposing to approve the State plan and amend the agency regulations in accordance with the requirements of the CAA. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Written comments must be received on or before February 18, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket No. EPA-R06-OAR-2024-0232, at <E T="03">https://www.regulations.gov</E> or via email to <E T="03">gesualdo.matthew@epa.gov.</E> Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from <E T="03">Regulations.gov</E> . The 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. The EPA will generally not consider comments or comment contents located outside of the primary submission ( <E T="03">i.e.</E> on the web, cloud, or other file sharing system). For additional submission methods, please contact Matthew Gesualdo, (214) 665-6530, <E T="03">gesualdo.matthew@epa.gov.</E> For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> <E T="03">Docket:</E> The index to the docket for this action is available electronically at <E T="03">www.regulations.gov.</E> While all documents in the docket are listed in the index, some information may not be publicly available due to docket file size restrictions or content ( <E T="03">e.g.,</E> CBI). <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Matthew Gesualdo, EPA Region 6 Office, Air and Radiation Division—State Planning and Implementation Branch, (214) 665-6530, <E T="03">gesualdo.matthew@epa.go</E> v. We encourage the public to submit comments via <E T="03">https://www.regulations.gov.</E> Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document wherever “we,” “us,” or “our” is used, we mean the EPA. <HD SOURCE="HD1">I. Background</HD> Section 111 of the CAA, “Standards of Performance for New Stationary Sources,” directs the EPA to establish emission standards for stationary sources of air pollution that could potentially endanger public health or welfare. These standards are referred to as New Source Performance Standards (NSPS). Section 111(d) addresses the process by which the EPA and States regulate standards of performance for existing sources. When NSPS are promulgated for new sources, section 111(d) and EPA regulations require that the EPA publish an Emission Guideline (EG) to regulate the same pollutants from existing facilities. While NSPS are directly applicable to new sources, EG for existing sources (designated facilities) are intended for States to use to develop a State plan to submit to the EPA. State plan submittal and revisions under CAA section 111(d) must be consistent with the applicable EG and the requirements of 40 CFR part 60, subpart B, and part 62, subpart A. The regulations at 40 CFR part 60, subpart B, contain general provisions applicable to the adoption and submittal of State plans under CAA section 111(d). Additionally, 40 CFR part 62, subpart A, provides the procedural framework by which the EPA will approve or disapprove such plans submitted by a state. Once approved by the EPA, the State plan becomes federally enforceable. If a State does not submit an approvable State plan to the EPA, the EPA is responsible for developing, implementing, and enforcing a federal plan. The MSW landfills NSPS for new landfills and EG for existing landfills were first promulgated by EPA on March 12, 1996, in 40 CFR part 60, subparts WWW and Cc, respectively (61 FR 9905). On August 29, 2016, the EPA finalized revisions to the MSW landfills NSPS and EG in 40 CFR part 60, subparts XXX and Cf, respectively (81 FR 59332; 81 FR 59313). The 2016 EG revision updates the control requirements and monitoring, reporting, and recordkeeping provisions for existing MSW landfill sources. The current MSW landfills EG, found at 40 CFR part 60, subpart Cf, concerns the regulation of landfill gas and its components, including methane, from MSW landfills for which construction, reconstruction, or modification was commenced on or before July 17, 2014. The deadline to submit a State plan to the EPA was May 30, 2017. On May 21, 2021, EPA finalized the MSW landfills Federal plan in 40 CFR part 62, subpart OOO (86 FR 27756). The MSW landfills Federal plan at 40 CFR part 62, subpart OOO, applies to States that do not have an EPA-approved State plan. The MSW landfills Federal plan is currently in effect in Oklahoma. In order to fulfill obligations under CAA section 111(d), the Oklahoma Department of Environmental Quality (ODEQ) submitted a revised State plan for the control of emissions from existing MSW landfills for the State of Oklahoma on April 30, 2024. <SU>1</SU> <FTREF/> The Oklahoma MSW landfills plan implements and enforces the applicable provisions under the MSW landfills EG at 40 CFR part 60, subpart Cf, and additionally meets the relevant requirements of the CAA section 111(d) implementing regulations at 40 CFR part 60, subpart B. The Oklahoma submittal and the supplements are included in the public docket for this rulemaking (Docket No. EPA-R06-OAR-2024-0232). <FTNT> <SU>1</SU>  The Oklahoma plan submitted by ODEQ does cover sources located in Indian country with some exclusions. </FTNT> <HD SOURCE="HD1">II. Evaluation</HD> The EPA has evaluated the Oklahoma MSW landfills plan to determine whether the plan meets applicable requirements from the MSW landfills EG at 40 CFR part 60, subpart Cf, and the CAA section 111(d) implementing regulations at 40 CFR part 60, subpart B. The EPA's detailed rationale and discussion on the Oklahoma MSW landfills plan can be found in the EPA Technical Support Document (TSD), located in the docket for this rulemaking. The State plan submittal package includes all materials necessary to be deemed administratively and technically complete according to the criteria of 40 CFR part 60, subpart B. The State plan document (the “Oklahoma MSW Landfill State Plan”) includes all the necessary authority for the implementation and enforcement of the MSW landfill Emission Guidelines in the State. Specifically, the State appropriately incorporated all applicable EG requirements from 40 CFR part 60, subpart Cf, into the Oklahoma Administrative Code (OAC) 252:100-47, Control of Emissions from Existing Municipal Solid Waste Landfills. Both the adopted State plan document and the relevant OAC regulations, as well as all other relevant plan submittal materials may be found in the docket for this action. Necessary State legal and enforcement authorities required for plan approval are located elsewhere in Oklahoma's statute, rules and regulations and have been reviewed and approved of by the EPA in the course of prior State implementation plan as well as section 111(d) and/or 129 State plan approvals. See 40 CFR part 52, subpart E, and 40 CFR part 62, subpart E. The Oklahoma MSW landfills plan has been evaluated in detail in the TSD. Our evaluation demonstrates that the Oklahoma MSW landfills plan meets the requirements in 40 CFR part 60, subpart Cf and subpart B, and is consistent with the requirements for an approvable section 111(d) State plans for MSW landfills. <HD SOURCE="HD1">III. Impact on Areas of Indian Country</HD> Following the U.S. Supreme Court decision in <E T="03">McGirt</E> v. <E T="03">Oklahoma</E> , 140 S. Ct. 2452 (2020), the Governor of the State of Oklahoma requested approval under Section 10211(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users, Public Law 109-59, 119 Stat. 1144, 1937 (August 10, 2005) (“SAFETEA”), to administer in certain areas of Indian country (as defined at 18 U.S.C. 1151) the State's environmental regulatory programs that were previously approved by the EPA for areas outside of Indian country. The State's request excluded certain areas of Indian country further described below. In addition, the State only sought approval to the extent that such approval is necessary for the State to administer a program in light of <E T="03"> Oklahoma Dept. of Environmental Quality </E> v. <E T="03">EPA,</E> 740 F.3d 185 (D.C. Cir. 2014). v. <E T="03">EPA,</E> the D.C. Circuit held that under the CAA, a state has the authority to implement a SIP in non-reservation a ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 32k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━