Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Virginia; Emission Standards for Existing Municipal Solid Waste Landfills, 57838-57840 [2019-23515]
Download as PDF
57838
Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Proposed Rules
TABLE 2—REVISED CHAPTER 173–400 WAC, REGULATIONS ADOPTED BY REFERENCE IN WAC 463–78–005 2—
Continued
State
effective date
State citation
Title/subject
173–400–710 .....
173–400–720 .....
Definitions .....................................................
Prevention of Significant Deterioration
(PSD).
Prevention of Significant Deterioration Application Processing Procedures.
PSD Permitting Public Involvement Requirements.
Major Stationary Source and Major Modification Definitions.
Permitting Requirements ..............................
Emission Offset Requirements .....................
Actual Emissions Plantwide Applicability
Limitation (PAL).
173–400–730 .....
173–400–740 .....
173–400–810 .....
173–400–830 .....
173–400–840 .....
173–400–850 .....
IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the regulations listed in section III of
this proposal. The EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov.
V. Statutory and Executive Orders
Review
Under the Clean Air Act, 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 Clean Air
Act. Accordingly, this proposed 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 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.);
VerDate Sep<11>2014
20:38 Oct 28, 2019
Jkt 250001
07/01/16
07/01/16
Explanations
Except: 173–400–720(4)(a)(i through iv) and 173–400–
720(4)(b)(iii)(C).
07/01/16
9/16/18
07/01/16
07/01/16
07/01/16
07/01/16
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• 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
this action does not involve technical
standards; 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).
The SIP is not approved to apply on
any Indian reservation land in
Washington except as specifically noted
below and is also not approved to apply
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 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).
Washington’s SIP is approved to apply
on non-trust land within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
provided state and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area. Consistent with EPA policy, the
EPA provided a consultation
opportunity to the Puyallup Tribe in a
letter dated May 16, 2019.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 16, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019–23516 Filed 10–28–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2019–0537; FRL–10001–
55–Region 3]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Virginia; Emission
Standards for Existing Municipal Solid
Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
Clean Air Act (CAA) section 111(d) plan
submitted by the Virginia Department of
Environmental Quality (VADEQ). This
plan was submitted to fulfill the
requirements of the CAA and in
SUMMARY:
E:\FR\FM\29OCP1.SGM
29OCP1
Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Proposed Rules
response to EPA’s promulgation of
Emissions Guidelines and Compliance
Times for municipal solid waste (MSW)
landfills. The Virginia plan establishes
emission limits for existing MSW
landfills, and provides for the
implementation and enforcement of
those limits.
DATES: Written comments must be
received on or before November 29,
2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2019–0537 at https://
www.regulations.gov, or via email to
opila.marycate@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, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, 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:
Cynthia Stahl, Permits Branch (3AD10),
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2180.
Ms. Stahl can also be reached via
electronic mail at stahl.cynthia@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2016, EPA finalized
Standards of Performance for MSW
landfills and Emission Guidelines and
Compliance Times for MSW Landfills in
40 CFR part 60 subpart XXX and Cf,
respectively. 81 FR 59332 and 81 FR
59313. These actions were taken under
section 111 of the CAA.
VerDate Sep<11>2014
20:38 Oct 28, 2019
Jkt 250001
Section 111(d) of the CAA requires
EPA to establish a procedure for a state
to submit a plan to EPA which
establishes standards of performance for
any air pollutant: (1) For which air
quality criteria have not been issued or
which is not included on a list
published under CAA section 108 or
emitted from a source category which is
regulated under CAA section 112 but;
(2) to which a standard of performance
under CAA section 111 would apply if
such existing source were a new source.
EPA established these requirements for
state plan 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 and part 62, subpart A.
On August 29, 2019, the Virginia
Department of Environmental Quality
(VADEQ) submitted to 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 New Source
Performance Standards (NSPS) and
emission guidelines requirements for
MSW landfills, 40 CFR part 60, subparts
XXX and Cf, respectively (76 FR 15372).
II. Summary of the Plan and EPA
Analysis
EPA has reviewed the Virginia 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, EPA is proposing to
determine that the submitted section
111(d) plan meets the above-cited
requirements. Included within the
section 111(d) plan are regulations
under the Virginia state rule 9VAC5
Chapter 40 Article 43.1, entitled
‘‘Emission Standards for Municipal
Solid Waste Landfills.’’ In this action,
EPA is proposing to incorporate by
reference (IBR) Virginia state rule
9VAC5 Chapter 40 Article 43.1, which
became effective in the Commonwealth
of Virginia on February 22, 2017. A
detailed explanation of the rationale
behind this proposed approval is
available in the Technical Support
Document (TSD).
III. Proposed Action
EPA is proposing to approve the
Virginia section 111(d) plan for MSW
landfills submitted pursuant to 40 CFR
part 60, subpart Cf. Therefore, EPA is
proposing to amend 40 CFR part 62,
subpart XX to reflect this action. This
approval is based on the rationale
previously discussed and in further
detail in the TSD associated with this
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
57839
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.
The EPA Administrator continues to
retain authority for approval of
alternative methods to determine the
nonmethane organic compound
concentration or a site-specific methane
generation rate constant (k), as
stipulated in 40 CFR 60.30f(c), as well as
in Part 1, ‘‘Discretionary Authority,’’ of
Virginia’s 111(d) plan submittal.
IV. Incorporation by Reference
In this document, 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, EPA is proposing to incorporate by
reference VADEQ rules regarding MSW
landfills discussed in section II of this
preamble. EPA has made, and will
continue to make, these materials
generally available through the docket
for this action, EPA–R03–OAR–2019–
0537, at https://www.regulations.gov
and at the EPA Region III Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
In reviewing state plan submissions,
EPA’s role is to approve state choices,
provided 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
E:\FR\FM\29OCP1.SGM
29OCP1
57840
Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Proposed Rules
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, this proposed approval of
Virginia’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 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, Incorporation by
reference, Intergovernmental relations,
Landfills, Methane, Ozone, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 18, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019–23515 Filed 10–28–19; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
20:38 Oct 28, 2019
Jkt 250001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 191022–0068]
RIN 0648–BJ31
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Regulatory Amendment 30
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Regulatory Amendment 30 to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (Snapper-Grouper
FMP), as prepared and submitted by the
South Atlantic Fishery Management
Council (Council). For red grouper, this
proposed rule would modify the
spawning season closures for the
commercial and recreational sectors in
the exclusive economic zone (EEZ) off
North Carolina and South Carolina and
establish a commercial trip limit.
Additionally, Regulatory Amendment
30 would revise the rebuilding schedule
for red grouper. The purpose of this
proposed rule and Regulatory
Amendment 30 is to modify the
rebuilding schedule and extend
protections for red grouper.
DATES: Written comments on the
proposed rule must be received by
November 29, 2019.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2019–0117,’’ by either
of the following methods:
• Electronic submission: Submit all
electronic comments via the Federal
e-Rulemaking Portal. Go to https://
www.regulations.gov/docket?D=NOAANMFS-2019-0117, click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments.
• Mail: Submit written comments to
Mary Vara, NMFS Southeast Regional
Office, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
SUMMARY:
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in required fields if you wish to
remain anonymous).
Electronic copies of Regulatory
Amendment 30 may be obtained from
www.regulations.gov or the Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/
regulatory-amendment-30-red-grouperrebuilding-plan. Regulatory Amendment
30 includes an environmental
assessment, a regulatory impact review,
and an initial regulatory flexibility
analysis (IRFA).
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery in the South
Atlantic region is managed under the
Snapper-Grouper FMP and includes red
grouper, among other snapper-grouper
species. The Snapper-Grouper FMP was
prepared by the Council and is
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
In 2010, a Southeast Data, Assessment
and Review (SEDAR) benchmark
assessment (SEDAR 19, 2010) was
completed for South Atlantic red
grouper. Based on the results of SEDAR
19, NMFS determined that red grouper
was overfished and undergoing
overfishing. Amendment 24 to the
Snapper-Grouper FMP established a 10year rebuilding plan that began in 2011,
with an end date of 2020 (77 FR 34254;
June 11, 2012). Management measures
implemented through Amendment 24
modified red grouper commercial and
recreational annual catch limits (ACLs),
and sector-specific accountability
measures (AMs). Amendment 24 also
removed the combined gag, black
grouper, and red grouper commercial
quota as well as the commercial and
recreational ACLs and AMs.
A stock assessment update (SEDAR
53) for red grouper was completed in
February 2017 using data through 2015.
SEDAR 53 indicated the stock was still
overfished and undergoing overfishing,
and that stock rebuilding would not be
possible by 2020, which is the terminal
E:\FR\FM\29OCP1.SGM
29OCP1
Agencies
[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Proposed Rules]
[Pages 57838-57840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23515]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2019-0537; FRL-10001-55-Region 3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Virginia; Emission Standards for Existing
Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Clean Air Act (CAA) section 111(d) plan submitted by the
Virginia Department of Environmental Quality (VADEQ). This plan was
submitted to fulfill the requirements of the CAA and in
[[Page 57839]]
response to EPA's promulgation of Emissions Guidelines and Compliance
Times for municipal solid waste (MSW) landfills. The Virginia plan
establishes emission limits for existing MSW landfills, and provides
for the implementation and enforcement of those limits.
DATES: Written comments must be received on or before November 29,
2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0537 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, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, 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: Cynthia Stahl, Permits Branch (3AD10),
Air and Radiation Division, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814-2180. Ms. Stahl can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2016, EPA finalized Standards of Performance for MSW
landfills and Emission Guidelines and Compliance Times for MSW
Landfills in 40 CFR part 60 subpart XXX and Cf, respectively. 81 FR
59332 and 81 FR 59313. These actions were taken under section 111 of
the CAA.
Section 111(d) of the CAA requires EPA to establish a procedure for
a state to submit a plan to EPA which establishes standards of
performance for any air pollutant: (1) For which air quality criteria
have not been issued or which is not included on a list published under
CAA section 108 or emitted from a source category which is regulated
under CAA section 112 but; (2) to which a standard of performance under
CAA section 111 would apply if such existing source were a new source.
EPA established these requirements for state plan 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 and part 62, subpart A.
On August 29, 2019, the Virginia Department of Environmental
Quality (VADEQ) submitted to 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 New
Source Performance Standards (NSPS) and emission guidelines
requirements for MSW landfills, 40 CFR part 60, subparts XXX and Cf,
respectively (76 FR 15372).
II. Summary of the Plan and EPA Analysis
EPA has reviewed the Virginia 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, EPA is proposing to determine that
the submitted section 111(d) plan meets the above-cited requirements.
Included within the section 111(d) plan are regulations under the
Virginia state rule 9VAC5 Chapter 40 Article 43.1, entitled ``Emission
Standards for Municipal Solid Waste Landfills.'' In this action, EPA is
proposing to incorporate by reference (IBR) Virginia state rule 9VAC5
Chapter 40 Article 43.1, which became effective in the Commonwealth of
Virginia on February 22, 2017. A detailed explanation of the rationale
behind this proposed approval is available in the Technical Support
Document (TSD).
III. Proposed Action
EPA is proposing to approve the Virginia section 111(d) plan for
MSW landfills submitted pursuant to 40 CFR part 60, subpart Cf.
Therefore, EPA is proposing to amend 40 CFR part 62, subpart XX 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.
The EPA Administrator continues to retain authority for approval of
alternative methods to determine the nonmethane organic compound
concentration or a site-specific methane generation rate constant (k),
as stipulated in 40 CFR 60.30f(c), as well as in Part 1,
``Discretionary Authority,'' of Virginia's 111(d) plan submittal.
IV. Incorporation by Reference
In this document, 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, EPA is proposing
to incorporate by reference VADEQ rules regarding MSW landfills
discussed in section II of this preamble. EPA has made, and will
continue to make, these materials generally available through the
docket for this action, EPA-R03-OAR-2019-0537, at https://www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
In reviewing state plan submissions, EPA's role is to approve state
choices, provided 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
[[Page 57840]]
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, this proposed approval of Virginia'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 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, Incorporation by
reference, Intergovernmental relations, Landfills, Methane, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 18, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-23515 Filed 10-28-19; 8:45 am]
BILLING CODE 6560-50-P