Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Mexico and Albuquerque-Bernalillo County; Municipal Solid Waste Landfills, 47899-47902 [2019-19499]
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47899
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart BB—Montana
2. Section 52.1370(e), under ‘‘(4)
Lewis and Clark County,’’ is amended
by adding the entry ‘‘East Helena 1971
SO2 Maintenance Plan’’ after the entry
‘‘Sulfur Dioxide NAAQS—Plan
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
State
effective
date
Title/subject
*
*
*
Summary, Plan Summary, East Helena
Sulfur Dioxide (SO2) Attainment Plan’’
to read as follows:
§ 52.1370
*
Identification of plan.
*
*
(e) * * *
*
Notice of
final rule
date
*
*
NFR citation
*
*
*
(4) Lewis and Clark County
*
*
*
East Helena 1971 SO2 Maintenance Plan ..................................
*
*
*
3. Section 52.1398 is amended by
adding paragraphs (c) and (d) to read as
follows:
■
§ 52.1398
*
........................
Control strategy: Sulfur dioxide.
*
*
*
*
*
(c) Redesignation to attainment. The
EPA has determined that the East
Helena sulfur dioxide (SO2)
nonattainment area has met the criteria
under CAA section 107(d)(3)(E) for
redesignation from nonattainment to
attainment for the 1971 primary and
secondary SO2 NAAQS. The EPA is
*
9/11/2019
*
*
*
[Insert Federal Register citation].
*
therefore redesignating the East Helena
1971 SO2 nonattainment area to
attainment.
(d) Maintenance plan. The EPA is
approving the maintenance plan for the
East Helena nonattainment area for the
1971 SO2 NAAQS submitted by the
State of Montana on October 26, 2018.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
*
*
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
5. In § 81.327, the table entitled
‘‘Montana—1971 Sulfur Dioxide
NAAQS (Primary and Secondary)’’ is
amended by revising the entry for ‘‘East
Helena Area’’ to read as follows:
■
§ 81.327
Montana.
4. The authority citation for part 81
continues to read as follows:
■
MONTANA—1971 SULFUR DIOXIDE NAAQS
[Primary and Secondary]
Designated area
Does not meet
primary
standards
Does not meet
secondary
standards
Cannot be
classified
Better than
national
standards
*
*
*
East Helena Area .....................................................................
*
..............................
*
..............................
*
..............................
*
X
*
*
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2019–19576 Filed 9–10–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
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[EPA–R06–OAR–2019–0306; FRL–9998–59–
Region 6]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; New Mexico and
Albuquerque-Bernalillo County;
Municipal Solid Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to the section
111(d) Plan submitted by the New
Mexico Environment Department
(NMED) on May 25, 2017, to regulate
landfill gas and its components,
including methane, from existing
municipal solid waste (MSW) landfills.
The Plan provides for the
implementation and enforcement of the
Emissions Guidelines (EG) for existing
landfills in New Mexico, except
Albuquerque-Bernalillo County. We are
also approving revisions to the section
111(d) Plan submitted by the New
SUMMARY:
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Mexico Environment Department
(NMED) on behalf of the AlbuquerqueBernalillo County Air Quality Control
Board on May 24, 2017, to implement
and enforce the EG for existing MSW
landfills in Albuquerque and Bernalillo
County. The EG requires States to
develop plans to reduce air emissions
from all affected MSW landfills within
their jurisdiction.
DATES: This rule is effective on October
11, 2019. The incorporation by reference
of certain material listed in the rule is
approved by the Director of the Federal
Register October 11, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2019–0306. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
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 Region 6 Office, 1201
Elm Street, Dallas, Texas 75270.
FOR FURTHER INFORMATION CONTACT: Mr.
Alan Shar, EPA Region 6 Office, State
Planning Implementation Branch, 1201
Elm Street, Dallas, TX 75270, 214–665–
6691, shar.alan@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Alan Shar at 214–
665–6691.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our June 21, 2019
(84 FR 29138) proposal. In that
document, we proposed to approve
revisions to the section 111(d) Plan
submitted by the NMED on May 25,
2017, to regulate landfill gas and its
components, including methane, from
existing MSW landfills. We also
proposed to approve revisions to the
section 111(d) Plan for the
Albuquerque-Bernalillo County (ABC)
Air Quality Control Board submitted on
May 24, 2017, to implement and enforce
the EG for existing MSW landfills in
Albuquerque and Bernalillo County. For
more information, see the technical
support document 1 prepared in
1 EPA Document ID No. EPA–R06–OAR–2019–
0306–0002 available at www.regulations.gov.
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conjunction with the June 21, 2019
proposal.
We received one comment 2 on the
proposal during the public comment
period that closed on July 22, 2019.
II. Response to Comments
Comment: The commenter supports
our proposed approval action. The
commenter also urges the EPA to fully
comply with the remainder of the terms
of the court’s order in California et al.
v. EPA, 2019 WL 19995769 (N.D. Cal.
2019), with respect to other
jurisdictions.
Response: The EPA appreciates the
commenter’s support. The June 21, 2019
proposal concerned revisions to section
111(d) Plans for the State of New
Mexico and Albuquerque-Bernalillo
County only. The EPA Region 6 is
responsible for rulemaking actions
within its jurisdictional area. With this
final action, the EPA Region 6 has met
its obligations in the court’s order
referenced by the commenter. Actions
on Plans outside of the EPA Region 6’s
geographical jurisdiction are beyond the
scope of this particular rulemaking
action.
This concludes our response to the
comment received. No changes have
been made to the proposal (84 FR
29138, June 21, 2019) as a result of this
comment.
III. Final Action
The EPA is finalizing revisions to the
CAA section 111(d) Plan submitted by
the NMED on May 25, 2017, to regulate
landfill gas and its components,
including methane, from existing MSW
landfills in New Mexico, except for
Albuquerque and Bernalillo County. We
are also finalizing revisions to the CAA
section 111(d) Plan submitted by the
NMED on behalf of the AlbuquerqueBernalillo County Air Quality Control
Board on May 24, 2017, for existing
MSW landfills in Albuquerque and
Bernalillo County. Both Plans
implement and enforce the EG for
existing MSW landfills. See 40 CFR part
60, subpart Cf. The scope of the
approval of the section 111(d) Plans is
limited to the provisions of 40 CFR parts
60 and 62 for existing MSW landfills, as
referenced in the emission guidelines,
40 CFR part 60, subpart Cf.
IV. Incorporation by Reference
In accordance with the requirements
of 1 CFR 51.5, we are finalizing
regulatory text that includes the
incorporation by reference of 20.2.64
NMAC (effective May 31, 2017) and
2 EPA Document ID No. EPA–R06–OAR–2019–
0306–0005 available at www.regulations.gov.
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20.11.71 NMAC (effective May 13, 2017)
which are part of the CAA section
111(d) Plans applicable to existing MSW
landfills in New Mexico and
Albuquerque-Bernalillo County,
respectively. The regulatory provisions
of 20.2.64 NMAC and 20.11.71 NMAC
incorporate by reference the Emissions
Guidelines (EG) for existing MSW
landfills promulgated by the EPA at 40
CFR part 60, subpart Cf, and establish
emission standards and compliance
times for the control of methane and
other organic compounds from certain
MSW landfills that commenced
construction, modification, or
reconstruction on or before July 17,
2014. The emissions standards and
compliance times of the two standards
contain the same substantive
requirements but apply to MSW
landfills in different jurisdictions. The
regulatory provisions of 20.2.64 NMAC
apply to MSW landfills located in the
State of New Mexico, except for MSW
landfills located in Albuquerque and
Bernalillo County, which are subject to
the regulatory provisions of 20.11.71
NMAC. The EPA has made, and will
continue to make, 20.2.64 NMAC and
20.11.71 NMAC (as well as the entire
New Mexico and AlbuquerqueBernalillo County 111(d) Plans for MSW
landfills) generally available
electronically through
www.regulations.gov, Docket No. EPA–
R06–OAR–2019–0306 and in hard copy
at the EPA Region 6 office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
This incorporation by reference has
been approved by the Office of the
Federal Register and the Plans are
federally enforceable under the CAA as
of the effective date of this final
rulemaking.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve
section 111(d) state plan submissions
that comply with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7411(d); 40 CFR part 60,
subparts B and Cf; and 40 CFR part 62,
subpart A. Thus, in reviewing CAA
section 111(d) state plan submissions,
the EPA’s role is to approve state
choices, provided that they meet the
criteria of the Act and implementing
regulations. 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:
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Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
• 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, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 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 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 CAA section 111(d)
Plans are not approved to apply in
Indian country, as defined at 18 U.S.C.
1151, located in the state. As such, this
rule does not have tribal implications,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), and
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
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report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 12,
2019. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Methane, Municipal solid waste
landfill, Reporting and recordkeeping
requirements.
Dated: September 3, 2019.
Kenley McQueen,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 62 as
follows:
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
2. Section 62.7855 is revised to read
as follows:
■
§ 62.7855 New Mexico Environment
Department.
(a) Identification of plan. Section
111(d) plan for municipal solid waste
landfills and the associated 20.2.64
NMAC, as submitted on May 25, 2017.
The plan includes the regulatory
provisions cited in paragraph (d) of this
section, which EPA incorporates by
reference.
(b) Identification of sources. The plan
applies to all existing municipal solid
waste landfills under the jurisdiction of
the New Mexico Environment
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47901
Department for which construction,
reconstruction, or modification was
commenced on or before July 17, 2014,
and are subject to the requirements of 40
CFR part 60, subpart Cf.
(c) Effective date. The effective date of
the plan for municipal solid waste
landfills is October 11, 2019.
(d) Incorporation by reference. (1) The
material incorporated by reference in
this section was approved by the
Director of the Federal Register Office in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies of the material may
be inspected or obtained from the EPA
Region 6 office, 1201 Elm Street, Suite
500, Dallas, Texas 75270, 214–665–2200
or electronically through
www.regulations.gov, Docket No. EPA–
R6–OAR–2019–0306. Copies may be
inspected at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, email fedreg.legal@
nara.gov or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(2) State of New Mexico, New Mexico
Environment Department, New Mexico
Administrative Code, https://
164.64.110.134/nmac/.
(i) 20.2.64 NMAC, Chapter 20—
Environmental Protection, Chapter 2—
Air Quality (Statewide), Part 64—
Municipal Solid Waste Landfills, New
Mexico Administrative Code, effective
May 31, 2017.
(ii) [Reserved]
■ 3. Section 62.7856 is revised to read
as follows:
§ 62.7856 Albuquerque-Bernalillo County
Air Quality Control Board.
(a) Identification of plan. Section
111(d) plan for municipal solid waste
landfills and the associated 20.11.71
NMAC, as submitted on May 24, 2017.
The plan includes the regulatory
provisions referenced in paragraph (d)
of this section, which EPA incorporates
by reference.
(b) Identification of sources. The plan
applies to all existing municipal solid
waste landfills under the jurisdiction of
the Albuquerque-Bernalillo County Air
Quality Control Board for which
construction, reconstruction, or
modification was commenced on or
before July 17, 2014, and are subject to
the requirements of 40 CFR part 60,
subpart Cf.
(c) Effective date. The effective date of
the plan for municipal solid waste
landfills is October 11, 2019.
(d) Incorporation by reference. (1) The
material incorporated by reference in
this section was approved by the
Director of the Federal Register Office in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies of the material may
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Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
be inspected or obtained from the EPA
Region 6 office, 1201 Elm Street, Suite
500, Dallas, Texas 75270, 214–665–2200
or electronically through
www.regulations.gov, Docket No. EPA–
R06–OAR–2019–0306. Copies may be
inspected at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, email fedreg.legal@
nara.gov or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(2) State of New Mexico,
Albuquerque-Bernalillo County Air
Quality Control Board, New Mexico
Administrative Code, https://
164.64.110.134/nmac/.
(i) 20.11.71 NMAC, Title 20—
Environmental Protection, Chapter 11—
Albuquerque-Bernalillo-County Air
Quality Control Board, Part 71—
Municipal Solid Waste Landfills, New
Mexico Administrative Code, effective
May 13, 2017.
(ii) [Reserved]
[FR Doc. 2019–19499 Filed 9–10–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 190905–0022]
RIN 0648–BI68
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagics Resources in the
Gulf of Mexico and Atlantic Region;
Framework Amendment 6
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement management measures
described in Framework Amendment 6
to the Fishery Management Plan (FMP)
for Coastal Migratory Pelagics (CMP) of
the Gulf of Mexico (Gulf) and Atlantic
Region (FMP), as prepared by the South
Atlantic Fishery Management Council
(Council). This final rule revises the
Atlantic migratory group king mackerel
commercial trip limits in the Atlantic
southern zone during the March through
September fishing season. The purpose
of this final rule is to support increased
fishing activity and economic
opportunity while continuing to
constrain harvest to the annual catch
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SUMMARY:
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limit and providing for year-round
access for the commercial sector.
DATES: This final rule is effective
September 11, 2019.
ADDRESSES: Electronic copies
Framework Amendment 6 may be
obtained from the Southeast Regional
Office website at https://
www.fisheries.noaa.gov/action/
framework-amendment-6-atlantic-kingmackerel-commercial-trip-limits.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, NMFS Southeast Regional
Office, telephone: 727–551–5753, or
email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The CMP
fishery in the Atlantic region is
managed under the FMP and includes
king mackerel, Spanish mackerel, and
the Gulf cobia stock, which ranges from
Texas through the east coast of Florida.
The Council and the Gulf of Mexico
Fishery Management Council (Gulf
Council) jointly manage the FMP. The
FMP was prepared by both Councils and
is implemented by NMFS through
regulations at 50 CFR part 622 under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). The
Council and Gulf Council can develop
and approve individual framework
amendments to the FMP for certain
actions that are specific to each region;
however, plan amendments must be
approved by both Councils.
On March 26, 2019, NMFS published
a proposed rule for Framework
Amendment 6 and requested public
comment (84 FR 11275). The proposed
rule and Framework Amendment 6
outline the rationale for the action
contained in this final rule. A summary
of the management measure described
in Framework Amendment 6 and
implemented by this final rule is
described below.
The Atlantic migratory group of king
mackerel (Atlantic king mackerel) is
divided into a northern zone and a
southern zone. The fishing year for the
commercial sector for Atlantic king
mackerel in both the northern and
southern zones is March 1 through the
end of February. The current trip limit
system for the Atlantic southern zone
(the EEZ from the North Carolina/South
Carolina boundary to the Miami-Dade/
Monroe County, FL, boundary
(25ß20’24’’ N)) was implemented on
May 11, 2017, through Amendment 26
to the FMP (68 FR 17387, April 11,
2017). The Atlantic southern zone has
two commercial seasons, March 1
through September 30 (Season 1), and
October 1 through the end of February
(Season 2), each with its own seasonal
quota allocations: 60 percent of the
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zone’s commercial quota is allocated for
Season 1 and 40 percent is allocated for
Season 2. Any unused quota from
Season 1 transfers during the fishing
year to Season 2. There is no provision
to allow the carryover of any unused
quota at the end of Season 2. When the
quota for a season is reached or
expected to be reached, commercial
harvest of king mackerel in the Atlantic
southern zone is prohibited for the
remainder of the season.
In addition, the southern zone is
further divided into two areas with
different trip limits. This rule does not
revise the current 3,500 lb (1,588 kg)
year-round trip limit for Atlantic
migratory group king mackerel north of
the Flagler/Volusia County, FL,
boundary in the southern zone. In the
area between the Flagler/Volusia
County, FL, boundary (29°25′ N. lat.),
and the Miami-Dade/Monroe County,
FL, boundary (25°20′24″ N. lat.), the trip
limit is 50 fish during March in Season
1. From April 1 through September 30
during Season 1, the trip limit is 75 fish,
unless NMFS determines that 75
percent or more of the Atlantic southern
zone quota for the first season has been
landed, then the trip limit is 50 fish.
Commercial fishermen from Florida’s
east coast, primarily those from south of
Flagler/Volusia County, FL, expressed
concern to the Council about the current
commercial trip limits for king mackerel
in some of the areas in the Atlantic
southern zone, especially the Season 1
(March through September) trip limits
in the EEZ off Volusia County, FL.
Comments from stakeholders indicated
that commercial fishermen operating
out of Volusia County, FL, travel farther
offshore than elsewhere off the east
coast of Florida to target king mackerel
and often complete multi-day
commercial trips. Commercial
fishermen who target king mackerel off
Volusia County, FL, indicate that the 50fish commercial trip limit during the
month of March makes it challenging to
earn enough money to pay for the cost
of a trip, potentially causing undue
hardship. At their April 2017 meeting,
the Council’s Mackerel Cobia Advisory
Panel recommended that the Council
review the commercial trip limits in
place for the Atlantic southern zone and
consider a different trip limit that would
support the concerns of the commercial
fishermen operating out of Volusia
County, FL, while still allowing yearround access to king mackerel by the
commercial sector. The Council then
developed, and subsequently approved,
Framework Amendment 6 to the FMP.
Framework Amendment 6 would revise
some of the commercial trip limits for
Season 1 (March 1 through September
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]]>Agencies
[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47899-47902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19499]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2019-0306; FRL-9998-59-Region 6]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; New Mexico and Albuquerque-Bernalillo
County; Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the
section 111(d) Plan submitted by the New Mexico Environment Department
(NMED) on May 25, 2017, to regulate landfill gas and its components,
including methane, from existing municipal solid waste (MSW) landfills.
The Plan provides for the implementation and enforcement of the
Emissions Guidelines (EG) for existing landfills in New Mexico, except
Albuquerque-Bernalillo County. We are also approving revisions to the
section 111(d) Plan submitted by the New
[[Page 47900]]
Mexico Environment Department (NMED) on behalf of the Albuquerque-
Bernalillo County Air Quality Control Board on May 24, 2017, to
implement and enforce the EG for existing MSW landfills in Albuquerque
and Bernalillo County. The EG requires States to develop plans to
reduce air emissions from all affected MSW landfills within their
jurisdiction.
DATES: This rule is effective on October 11, 2019. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register October 11, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2019-0306. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, 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 Region 6 Office, 1201 Elm Street, Dallas, Texas
75270.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, EPA Region 6 Office,
State Planning Implementation Branch, 1201 Elm Street, Dallas, TX
75270, 214-665-6691, [email protected]. To inspect the hard copy
materials, please schedule an appointment with Alan Shar at 214-665-
6691.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our June
21, 2019 (84 FR 29138) proposal. In that document, we proposed to
approve revisions to the section 111(d) Plan submitted by the NMED on
May 25, 2017, to regulate landfill gas and its components, including
methane, from existing MSW landfills. We also proposed to approve
revisions to the section 111(d) Plan for the Albuquerque-Bernalillo
County (ABC) Air Quality Control Board submitted on May 24, 2017, to
implement and enforce the EG for existing MSW landfills in Albuquerque
and Bernalillo County. For more information, see the technical support
document \1\ prepared in conjunction with the June 21, 2019 proposal.
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\1\ EPA Document ID No. EPA-R06-OAR-2019-0306-0002 available at
www.regulations.gov.
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We received one comment \2\ on the proposal during the public
comment period that closed on July 22, 2019.
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\2\ EPA Document ID No. EPA-R06-OAR-2019-0306-0005 available at
www.regulations.gov.
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II. Response to Comments
Comment: The commenter supports our proposed approval action. The
commenter also urges the EPA to fully comply with the remainder of the
terms of the court's order in California et al. v. EPA, 2019 WL
19995769 (N.D. Cal. 2019), with respect to other jurisdictions.
Response: The EPA appreciates the commenter's support. The June 21,
2019 proposal concerned revisions to section 111(d) Plans for the State
of New Mexico and Albuquerque-Bernalillo County only. The EPA Region 6
is responsible for rulemaking actions within its jurisdictional area.
With this final action, the EPA Region 6 has met its obligations in the
court's order referenced by the commenter. Actions on Plans outside of
the EPA Region 6's geographical jurisdiction are beyond the scope of
this particular rulemaking action.
This concludes our response to the comment received. No changes
have been made to the proposal (84 FR 29138, June 21, 2019) as a result
of this comment.
III. Final Action
The EPA is finalizing revisions to the CAA section 111(d) Plan
submitted by the NMED on May 25, 2017, to regulate landfill gas and its
components, including methane, from existing MSW landfills in New
Mexico, except for Albuquerque and Bernalillo County. We are also
finalizing revisions to the CAA section 111(d) Plan submitted by the
NMED on behalf of the Albuquerque-Bernalillo County Air Quality Control
Board on May 24, 2017, for existing MSW landfills in Albuquerque and
Bernalillo County. Both Plans implement and enforce the EG for existing
MSW landfills. See 40 CFR part 60, subpart Cf. The scope of the
approval of the section 111(d) Plans is limited to the provisions of 40
CFR parts 60 and 62 for existing MSW landfills, as referenced in the
emission guidelines, 40 CFR part 60, subpart Cf.
IV. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, we are
finalizing regulatory text that includes the incorporation by reference
of 20.2.64 NMAC (effective May 31, 2017) and 20.11.71 NMAC (effective
May 13, 2017) which are part of the CAA section 111(d) Plans applicable
to existing MSW landfills in New Mexico and Albuquerque-Bernalillo
County, respectively. The regulatory provisions of 20.2.64 NMAC and
20.11.71 NMAC incorporate by reference the Emissions Guidelines (EG)
for existing MSW landfills promulgated by the EPA at 40 CFR part 60,
subpart Cf, and establish emission standards and compliance times for
the control of methane and other organic compounds from certain MSW
landfills that commenced construction, modification, or reconstruction
on or before July 17, 2014. The emissions standards and compliance
times of the two standards contain the same substantive requirements
but apply to MSW landfills in different jurisdictions. The regulatory
provisions of 20.2.64 NMAC apply to MSW landfills located in the State
of New Mexico, except for MSW landfills located in Albuquerque and
Bernalillo County, which are subject to the regulatory provisions of
20.11.71 NMAC. The EPA has made, and will continue to make, 20.2.64
NMAC and 20.11.71 NMAC (as well as the entire New Mexico and
Albuquerque-Bernalillo County 111(d) Plans for MSW landfills) generally
available electronically through www.regulations.gov, Docket No. EPA-
R06-OAR-2019-0306 and in hard copy at the EPA Region 6 office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). This incorporation by
reference has been approved by the Office of the Federal Register and
the Plans are federally enforceable under the CAA as of the effective
date of this final rulemaking.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve
section 111(d) state plan submissions that comply with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40
CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in
reviewing CAA section 111(d) state plan submissions, the EPA's role is
to approve state choices, provided that they meet the criteria of the
Act and implementing regulations. 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:
[[Page 47901]]
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, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 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 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 CAA section 111(d) Plans are not approved to apply
in Indian country, as defined at 18 U.S.C. 1151, located in the state.
As such, this rule does not have tribal implications, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), and it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 12, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Methane, Municipal solid waste landfill, Reporting and
recordkeeping requirements.
Dated: September 3, 2019.
Kenley McQueen,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:
PART 62--[AMENDED]
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
0
2. Section 62.7855 is revised to read as follows:
Sec. 62.7855 New Mexico Environment Department.
(a) Identification of plan. Section 111(d) plan for municipal solid
waste landfills and the associated 20.2.64 NMAC, as submitted on May
25, 2017. The plan includes the regulatory provisions cited in
paragraph (d) of this section, which EPA incorporates by reference.
(b) Identification of sources. The plan applies to all existing
municipal solid waste landfills under the jurisdiction of the New
Mexico Environment Department for which construction, reconstruction,
or modification was commenced on or before July 17, 2014, and are
subject to the requirements of 40 CFR part 60, subpart Cf.
(c) Effective date. The effective date of the plan for municipal
solid waste landfills is October 11, 2019.
(d) Incorporation by reference. (1) The material incorporated by
reference in this section was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the material may be inspected or obtained from the EPA Region
6 office, 1201 Elm Street, Suite 500, Dallas, Texas 75270, 214-665-2200
or electronically through www.regulations.gov, Docket No. EPA-R6-OAR-
2019-0306. Copies may be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email [email protected] or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
(2) State of New Mexico, New Mexico Environment Department, New
Mexico Administrative Code, https://164.64.110.134/nmac/.
(i) 20.2.64 NMAC, Chapter 20--Environmental Protection, Chapter 2--
Air Quality (Statewide), Part 64--Municipal Solid Waste Landfills, New
Mexico Administrative Code, effective May 31, 2017.
(ii) [Reserved]
0
3. Section 62.7856 is revised to read as follows:
Sec. 62.7856 Albuquerque-Bernalillo County Air Quality Control Board.
(a) Identification of plan. Section 111(d) plan for municipal solid
waste landfills and the associated 20.11.71 NMAC, as submitted on May
24, 2017. The plan includes the regulatory provisions referenced in
paragraph (d) of this section, which EPA incorporates by reference.
(b) Identification of sources. The plan applies to all existing
municipal solid waste landfills under the jurisdiction of the
Albuquerque-Bernalillo County Air Quality Control Board for which
construction, reconstruction, or modification was commenced on or
before July 17, 2014, and are subject to the requirements of 40 CFR
part 60, subpart Cf.
(c) Effective date. The effective date of the plan for municipal
solid waste landfills is October 11, 2019.
(d) Incorporation by reference. (1) The material incorporated by
reference in this section was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the material may
[[Page 47902]]
be inspected or obtained from the EPA Region 6 office, 1201 Elm Street,
Suite 500, Dallas, Texas 75270, 214-665-2200 or electronically through
www.regulations.gov, Docket No. EPA-R06-OAR-2019-0306. Copies may be
inspected at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, email
[email protected] or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
(2) State of New Mexico, Albuquerque-Bernalillo County Air Quality
Control Board, New Mexico Administrative Code, https://164.64.110.134/nmac/.
(i) 20.11.71 NMAC, Title 20--Environmental Protection, Chapter 11--
Albuquerque-Bernalillo-County Air Quality Control Board, Part 71--
Municipal Solid Waste Landfills, New Mexico Administrative Code,
effective May 13, 2017.
(ii) [Reserved]
[FR Doc. 2019-19499 Filed 9-10-19; 8:45 am]
BILLING CODE 6560-50-P
