Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Arizona; Control of Emissions From Existing Municipal Solid Waste Landfills, 32363-32365 [2019-14245]
Download as PDF
Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
the United States court of appeals.5
Similarly, 75–2–213, MCA provides
permit applicants with the election to
have the matter proceed to hearing
before the state board or to have the
matter submitted directly to the district
court for judicial review. We therefore
conclude that the revisions do not
conflict with CAA requirements for
judicial review of air permitting actions
and propose to approve the revisions to
17.8.749.
32363
III. The EPA’s Proposed Action
In this action, the EPA is proposing to
approve SIP amendments to
Administrative Rules of Montana,
shown in Table 1, submitted by the
State of Montana on February 23, 2017.
TABLE 1—LIST OF MONTANA AMENDMENTS THAT THE EPA IS PROPOSING TO APPROVE
Amended Sections in the February 23, 2017 Submittal Proposed for Approval
17.8.610(3), 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) and (9), 17.8.615(6) and (7), 17.8.749(7).
IV. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
a final EPA rule that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the
amendments described in section III.
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at the EPA Region 8 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
jbell on DSK3GLQ082PROD with PROPOSALS
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
5 CAA
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 28, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019–14243 Filed 7–5–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R09–OAR–2019–0344; FRL–9995–98–
Region 9]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Arizona; Control of
Emissions From Existing Municipal
Solid Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state plan submitted by the State of
Arizona. This state plan submittal
pertains to the regulation of landfill gas
and its components, including methane,
from existing municipal solid waste
(MSW) landfills. Arizona’s state plan
was submitted in response to the EPA’s
promulgation of Emissions Guidelines
and Compliance Times for MSW
landfills. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before August 7, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2019–03440344 at https://
www.regulations.gov, or via email to
buss.jeffrey@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
SUMMARY:
307(d)(7)(B).
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32364
Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
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 (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, U.S. EPA Region IX, (415)
947–4152, buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
jbell on DSK3GLQ082PROD with PROPOSALS
I. Background
On August 29, 2016, the EPA
finalized Standards of Performance for
Municipal Solid Waste Landfills and
Emission Guidelines and Compliance
Times for Municipal Solid Waste
Landfills in 40 CFR part 60 subpart XXX
and Cf, respectively. 81 FR 59332 and
81 FR 59276. These actions were taken
under section 111 of the CAA.
Section 111(d) of the CAA requires
the EPA to establish a procedure for a
state to submit a plan to the EPA which
establishes standards of performance for
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.
The EPA established the 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.
On July 24, 2018, the Arizona
Department of Environmental Quality
(ADEQ) submitted to the EPA a formal
section 111(d) plan for existing
municipal solid waste landfills. The
submitted section 111(d) plan was in
response to the August 29, 2016
promulgation of federal NSPS and
emission guidelines requirements for
MSW landfills, 40 CFR part 60, subparts
VerDate Sep<11>2014
18:54 Jul 05, 2019
Jkt 247001
XXX and Cf, respectively (81 FR 59332
and 81 FR 59276) 76 FR 15372).
V. Statutory and Executive Order
Reviews
II. Summary of the Plan and EPA
Analysis
In reviewing state plan submissions,
the EPA’s role is to approve state
choices, provided that 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 proposed action:
• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because this action is not
significant under Executive Order
12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed approval of
Arizona’s state plan submittal 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
The EPA has reviewed the Arizona
section 111(d) plan submittal in the
context of the requirements of 40 CFR
part 60, subparts B and Cf, and part 62,
subpart A. In this action, the EPA is
proposing to determine that the
submitted section 111(d) plan meets the
above-cited requirements. The primary
mechanism selected by ADEQ to
implement the emission guidelines for
MSW landfills under state jurisdiction
is through incorporation by reference of
40 CFR part 60, subpart Cf and 40 CFR
part 60, subpart XXX into the Arizona
Administrative Code (A.A.C.), at A.A.C.
R18–2–731, entitled ‘‘Standards of
Performance for Existing Municipal
Solid Waste Landfills,’’ and A.A.C. R18–
2–901(79), entitled ‘‘New Source
Performance Standards,’’ on July 6,
2018. These subparts will be applicable
to MSW landfills under the plan upon
the EPA’s approval of the plan by final
rulemaking. A detailed explanation of
the rationale behind this proposed
approval is available in the Technical
Support Document (TSD).
III. Proposed Action
The EPA is proposing to approve the
Arizona section 111(d) plan for MSW
landfills submitted pursuant to 40 CFR
part 60, subpart Cf. Therefore, the EPA
is proposing to amend 40 CFR part 62,
subpart D, to reflect this action. This
approval is based on the rationale
previously discussed and in further
detail in the TSD associated with this
action. The scope of the proposed
approval of the section 111(d) plan is
limited to the provisions of 40 CFR parts
60 and 62 for existing MSW landfills, as
referenced in the emission guidelines,
subpart Cf.
IV. Incorporation by Reference
In this document, the EPA is
proposing to include in a final EPA rule
regulatory text that includes
incorporation by reference of the state
plan. In accordance with requirements
of 1 CFR 51.5, the EPA is proposing to
incorporate by reference ADEQ rules
regarding MSW landfills discussed in
section II of this preamble. The EPA has
made, and will continue to make, these
materials generally available through
https://www.regulations.gov, Docket ID
No. EPA–R09–OAR–2019–0344, and at
the EPA Region IX Office (please contact
the person identified in the ‘‘For Further
Information Contact’’ section of this
preamble for more information).
PO 00000
Frm 00038
Fmt 4702
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E:\FR\FM\08JYP1.SGM
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
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
Environmental protection, Air
pollution control, Landfills,
Incorporation by reference,
Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 20, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019–14245 Filed 7–5–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R09–OAR–2019–0345; FRL–9995–96–
Region 9]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Pinal County Air Quality
Control District; Control of Emissions
From Existing Municipal Solid Waste
Landfills
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state plan submitted by the Pinal
County Air Quality Control District
(PCAQCD). For the purposes of this
plan, the PCAQCD is considered a
‘‘State’’ as defined in the ‘‘Standards of
Performance for New Stationary
Sources’’. This state plan submittal
pertains to the regulation of landfill gas
and its components, including methane,
from existing municipal solid waste
(MSW) landfills. This state plan was
submitted in response to the EPA’s
promulgation of Emissions Guidelines
and Compliance Times for MSW
landfills. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before August 7, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2019–0345 at https://
www.regulations.gov, or via email to
buss.jeffrey@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
jbell on DSK3GLQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:54 Jul 05, 2019
Jkt 247001
submission, 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 (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the ‘‘For
Further Information Contact’’ section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, U.S. EPA Region IX, (415)
947–4152, buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2016, the EPA
finalized Standards of Performance for
Municipal Solid Waste Landfills and
Emission Guidelines and Compliance
Times for Municipal Solid Waste
Landfills in 40 CFR part 60 subpart XXX
and Cf,. 81 FR 59332 and 81 FR 59276
respectively. These actions were taken
under section 111 of the CAA.
Section 111(d) of the CAA requires
the EPA to establish a procedure for a
state to submit a plan to the EPA which
establishes standards of performance for
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.
The EPA established these requirements
for state plan submittal 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.
On March 4, 2019, the Arizona
Department of Environmental Quality
(ADEQ), on behalf of the PCAQCD,
submitted to the EPA a formal section
111(d) plan for existing municipal solid
waste landfills. The submitted section
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
32365
111(d) plan was in response to the
August 29, 2016 promulgation of federal
NSPS and emission guidelines
requirements for MSW landfills, 40 CFR
part 60, subparts XXX and Cf,
respectively (81 FR 59332 and 81 FR
59276).
II. Summary of the Plan and EPA
Analysis
The EPA has reviewed the PCAQCD
section 111(d) plan submittal in the
context of the requirements of 40 CFR
part 60, subparts B and Cf, and part 62,
subpart A. In this action, the EPA is
proposing to determine that the
submitted section 111(d) plan meets the
above-cited requirements. The primary
mechanism selected by PCAQCD to
implement the emission guidelines for
MSW landfills under state jurisdiction
is through incorporation by reference of
40 CFR part 60, subpart Cf and 40 CFR
part 60, subpart XXX into the PCAQCD
Code at Chapter 5, Article 34 (5–34–
2050), entitled ‘‘Standards of
Performance for Existing Municipal
Solid Waste Landfills’’, and Chapter 6,
Article 1 (6–1–030), entitled ‘‘New
Source Performance Standards,’’, on
December 19, 2018. These subparts will
be applicable to MSW landfills under
the plan upon the EPA’s approval of the
plan by final rulemaking. A detailed
explanation of the rationale behind this
proposed approval is available in the
Technical Support Document (TSD).
III. Proposed Action
The EPA is proposing to approve the
PCAQCD section 111(d) plan for MSW
landfills submitted pursuant to 40 CFR
part 60, subpart Cf. Therefore, the EPA
is proposing to amend 40 CFR part 62,
subpart D, to reflect this action. This
approval is based on the rationale
previously discussed and in further
detail in the TSD associated with this
action. The scope of the proposed
approval of the section 111(d) plan is
limited to the provisions of 40 CFR parts
60 and 62 for existing MSW landfills, as
referenced in the emission guidelines,
subpart Cf.
IV. Incorporation by Reference
In this document, the EPA is
proposing to include in a final EPA rule
regulatory text that includes
incorporation by reference of the state
plan. In accordance with requirements
of 1 CFR 51.5, the EPA is proposing to
incorporate by reference PCAQCD rules
regarding MSW landfills discussed in
section II of this preamble. The EPA has
made, and will continue to make, these
materials generally available through
https://www.regulations.gov, Docket ID
No. EPA–R09–OAR–2019–0345, and at
E:\FR\FM\08JYP1.SGM
08JYP1
Agencies
[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32363-32365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14245]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R09-OAR-2019-0344; FRL-9995-98-Region 9]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Arizona; Control of Emissions From Existing
Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state plan submitted by the State of Arizona. This state plan
submittal pertains to the regulation of landfill gas and its
components, including methane, from existing municipal solid waste
(MSW) landfills. Arizona's state plan was submitted in response to the
EPA's promulgation of Emissions Guidelines and Compliance Times for MSW
landfills. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before August 7, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-03440344 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be
[[Page 32364]]
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 (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, U.S. EPA Region IX,
(415) 947-4152, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2016, the EPA finalized Standards of Performance for
Municipal Solid Waste Landfills and Emission Guidelines and Compliance
Times for Municipal Solid Waste Landfills in 40 CFR part 60 subpart XXX
and Cf, respectively. 81 FR 59332 and 81 FR 59276. These actions were
taken under section 111 of the CAA.
Section 111(d) of the CAA requires the EPA to establish a procedure
for a state to submit a plan to the EPA which establishes standards of
performance for 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.
The EPA established the 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.
On July 24, 2018, the Arizona Department of Environmental Quality
(ADEQ) submitted to the EPA a formal section 111(d) plan for existing
municipal solid waste landfills. The submitted section 111(d) plan was
in response to the August 29, 2016 promulgation of federal NSPS and
emission guidelines requirements for MSW landfills, 40 CFR part 60,
subparts XXX and Cf, respectively (81 FR 59332 and 81 FR 59276) 76 FR
15372).
II. Summary of the Plan and EPA Analysis
The EPA has reviewed the Arizona section 111(d) plan submittal in
the context of the requirements of 40 CFR part 60, subparts B and Cf,
and part 62, subpart A. In this action, the EPA is proposing to
determine that the submitted section 111(d) plan meets the above-cited
requirements. The primary mechanism selected by ADEQ to implement the
emission guidelines for MSW landfills under state jurisdiction is
through incorporation by reference of 40 CFR part 60, subpart Cf and 40
CFR part 60, subpart XXX into the Arizona Administrative Code (A.A.C.),
at A.A.C. R18-2-731, entitled ``Standards of Performance for Existing
Municipal Solid Waste Landfills,'' and A.A.C. R18-2-901(79), entitled
``New Source Performance Standards,'' on July 6, 2018. These subparts
will be applicable to MSW landfills under the plan upon the EPA's
approval of the plan by final rulemaking. A detailed explanation of the
rationale behind this proposed approval is available in the Technical
Support Document (TSD).
III. Proposed Action
The EPA is proposing to approve the Arizona section 111(d) plan for
MSW landfills submitted pursuant to 40 CFR part 60, subpart Cf.
Therefore, the EPA is proposing to amend 40 CFR part 62, subpart D, to
reflect this action. This approval is based on the rationale previously
discussed and in further detail in the TSD associated with this action.
The scope of the proposed approval of the section 111(d) plan is
limited to the provisions of 40 CFR parts 60 and 62 for existing MSW
landfills, as referenced in the emission guidelines, subpart Cf.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference of the
state plan. In accordance with requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference ADEQ rules regarding MSW
landfills discussed in section II of this preamble. The EPA has made,
and will continue to make, these materials generally available through
https://www.regulations.gov, Docket ID No. EPA-R09-OAR-2019-0344, and at
the EPA Region IX 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, the EPA's role is to approve
state choices, provided that 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 proposed action:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed approval of Arizona's state plan
submittal 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
[[Page 32365]]
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
Environmental protection, Air pollution control, Landfills,
Incorporation by reference, Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 20, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-14245 Filed 7-5-19; 8:45 am]
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