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


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