Approval and Promulgation of State Plans for Designated Facilities and Pollutants; West Virginia; Control of Emissions From Existing Municipal Solid Waste Landfills, 64430-64432 [2019-25168]
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
EPA-APPROVED GEORGIA REGULATIONS—Continued
State citation
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391–3–1–
.03(11).
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Permit by Rule .....
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State effective
date
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7/23/2018
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2019–0187; FRL–9999–80–
Region 3]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; West Virginia; Control of
Emissions From Existing Municipal
Solid Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Jkt 250001
Explanation
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Except sections (a)–(b)(5) and (b)(7)–(b)(10), approved
on 2/9/2010 with a State-effective date of 7/20/2005;
section (b)(6), approved on 3/13/2000 with a State-effective date of 12/25/1997; and the phrase ‘‘or enforceable as a practical matter’’ in section
.03(11)(b)11.(i), which is not in the SIP.
*
*
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 through https://
www.regulations.gov, or please contact
the person identified in the ‘‘For Further
Information Contact’’ section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Mike Gordon, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2039.
Mr. Gordon can also be reached via
electronic mail at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Environmental Protection
Agency (EPA) is approving a Clean Air
Act (CAA) section 111(d) plan
submitted by the West Virginia
Department of Environmental Protection
(WVDEP). This plan was submitted to
fulfill the requirements of the CAA and
in response to EPA’s promulgation of
Emissions Guidelines and Compliance
Times for municipal solid waste (MSW)
landfills. The West Virginia plan
establishes emission limits for existing
MSW landfills, and provides for the
implementation and enforcement of
those limits.
DATES: This final rule is effective on
December 23, 2019. The incorporation
by reference of certain material listed in
the rule is approved by the Director of
the Federal Register as of December 23,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA- EPA–R03–OAR–2019–
0187. 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 (CBI) or other
information whose disclosure is
restricted by statute. Certain other
SUMMARY:
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11/22/2019, [Insert citation
of publication].
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[FR Doc. 2019–25286 Filed 11–21–19; 8:45 am]
VerDate Sep<11>2014
EPA approval date
On July 1, 2019 (84 FR 31278), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
West Virginia. In the NPRM, EPA
proposed approval of a Clean Air Act
(CAA) section 111(d) plan submitted by
the WVDEP. The formal State Plan was
submitted by West Virginia on
September 13, 2018.
II. Summary of State Plan and EPA
Analysis
EPA has reviewed the West 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
determining that the submitted section
111(d) plan meets the above-cited
requirements. Included within the
section 111(d) plan are regulations
under the West Virginia Code,
specifically, West Virginia legislative
rule 45 C.S.R. 23, entitled ‘‘Control of
Air Pollution from Municipal Solid
Waste Landfills.’’ A detailed
explanation of the rationale behind this
proposed approval is available in the
Technical Support Document (TSD).
Other specific requirements of West
Virginia’s State Plan for MSW landfills
and the rationale for EPA’s proposed
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action are explained in the NPRM and
will not be restated here. No public
comments were received on the NPRM.
III. Final Action
EPA is approving the West Virginia
section 111(d) plan for MSW landfills
submitted pursuant to 40 CFR part 60,
subpart Cf. Therefore, EPA is amending
40 CFR part 62, subpart XX to reflect
this action. The scope of the 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 section 4.8.b,
‘‘Implementation of Emission
Guidelines for Existing MSW Landfills,’’
of West Virginia’s 111(d) plan submittal.
IV. Incorporation by Reference
In accordance with the requirements
of 1 CFR 51.5, EPA is finalizing
regulatory text that includes the
incorporation by reference of West
Virginia Code, specifically, West
Virginia legislative rule 45 C.S.R. 23,
effective June 1, 2018, entitled ‘‘Control
of Air Pollution from Municipal Solid
Waste Landfills,’’ which is part of the
CAA section 111(d) plan applicable to
existing MSW landfills in West Virginia
as discussed in section II of this
preamble. The regulatory provisions of
45 C.S.R. 23 establish emission
standards and compliance times for the
control of methane and other organic
compounds from certain existing MSW
landfills located in West Virginia that
commenced construction, modification,
or reconstruction on or before July 17,
2014. These provisions set forth
requirements meeting criteria
promulgated by EPA at 40 CFR part 60,
subpart Cf. EPA has made, and will
continue to make, 45 C.S.R. 23, as well
as the entire West Virginia plan,
generally available through
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
www.regulations.gov, Docket No. EPA–
R03–OAR–2019–0187, 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). 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.
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V. Statutory and Executive Order
Reviews
A. General Requirements
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:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because this action is not
significant under Executive Order
12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (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);
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15:48 Nov 21, 2019
Jkt 250001
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule 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.
B. Submission to Congress and the
Comptroller General
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 21, 2020. 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
approving West Virginia’s State Plan for
existing MSW landfills 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, Air
pollution control, Landfills,
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64431
Incorporation by reference,
Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 27, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 62 as
follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. Section 62.12125 is revised to read
as follows:
■
§ 62.12125
Identification of plan.
(a) West Virginia 111(d) plan for
municipal solid waste landfills,
including delegation of Federal plan
compliance schedule and reporting
requirements, as submitted to the
Environmental Protection Agency on
May 29, 1998, and as amended on May
15, 2000, and December 20, 2000, to
implement 40 CFR part 60, subpart Cc.
(b)(1) Control of landfill gas emissions
from existing municipal solid waste
landfills, submitted by the West Virginia
Department of Environmental Protection
on September 13, 2018, to implement 40
CFR part 60, subpart Cf. The Plan
includes regulatory provisions cited in
paragraph (c) of this section, which the
EPA incorporates by reference.
(2) After December 23, 2019, the
substantive requirements of the
municipal solid waste landfills state
plan are contained in paragraph (b) of
this section and owners and operators of
municipal solid waste landfills in West
Virginia must comply with the
requirements in paragraph (b) of this
section.
(c) Incorporation by reference. (1) The
material incorporated by reference in
this section was approved by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. A copy of the material is
available electronically through
www.regulations.gov, Docket No. EPA–
R03–OAR–2019–0187, or at the EPA
Region III office, 1650 Arch Street,
Philadelphia, PA 19103, 215–814–5000.
Copies may be inspected at the National
Archives and Records Administration
(NARA). For information on the
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
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 West Virginia, Secretary of
State, Code of State Regulations.
(i) 45 CSR 23: West Virginia
legislative rule; Title 45, Department of
Environmental Protection, Air Quality;
Series 23, Control of Air Pollution from
Municipal Solid Waste Landfills,
effective June 1, 2018.
(ii) [Reserved]
■ 3. Section 62.12126 is revised to read
as follows:
§ 62.12126
Identification of sources.
(a) The plan in § 62.12125(a) applies
to all existing West Virginia municipal
solid waste landfills for which
construction, reconstruction, or
modification was commenced before
May 30, 1991 and that accepted waste
at any time since November 8, 1987, or
that have additional capacity available
for future waste deposition, as described
in 40 CFR part 60, subpart Cc.
(b) The plan in § 62.12125(b) applies
to all existing municipal solid waste
landfills under the jurisdiction of the
West Virginia Department of
Environmental Protection for which
construction, reconstruction, or
modification was commenced on or
before July 17, 2014.
■ 4. Section 62.12127 is revised to read
as follows:
§ 62.12127
Effective date.
(a) The effective date of the plan
submitted on May 29, 1998, and as
amended on May 15, 2000 by the West
Virginia Department of Environmental
Protection for municipal solid waste
landfills is July 23, 2001.
(b) The effective date of the plan
submitted on September 13, 2018 by the
West Virginia Department of
Environmental Protection for municipal
solid waste landfills is December 23,
2019.
[FR Doc. 2019–25168 Filed 11–21–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
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45 CFR Part 46
HHS Policy for the Protection of
Human Research Subjects
Office for Human Research
Protections (OHRP), Office of the
Assistant Secretary for Health (OASH),
Department of Health and Human
Services (HHS)
AGENCY:
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15:48 Nov 21, 2019
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Determination of Exception:
required use of single institutional
review board for cooperative research.
ACTION:
The Office for Human
Research Protections (OHRP), Office of
the Assistant Secretary for Health
(OASH), Department of Health and
Human Services (HHS), excepts two
categories of research from the required
use of a single institutional review
board (IRB) to review cooperative
research under the HHS regulations for
the protection of human subjects. This
determination is specific to research
conducted or supported by HHS.
DATES: This exception is applicable as of
November 22, 2019.
FOR FURTHER INFORMATION CONTACT:
Irene Stith-Coleman, Director, Division
of Policy and Assurances, Office for
Human Research Protections (OHRP),
Department of Health and Human
Services, 1101 Wootton Parkway, Suite
200, Rockville, MD 20852; telephone:
240–453–6900 or 1–866–447–4777;
facsimile: 240–453–8409; email:
Irene.stith-coleman@hhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Regulatory History
In a final rule published on January
19, 2017, HHS and other Federal
departments and agencies revised the
Federal Policy for the Protection of
Human Subjects (the ‘‘Common Rule’’),
codified with respect to HHS at subpart
A of 45 CFR part 46. The Common Rule
is followed by 19 other Federal
departments and agencies, either as
Common Rule signatories, or as required
by Executive Order or statute. The
revised Common Rule, including
amendments made by a January 22,
2018 interim final rule (83 FR 2885) and
June 19, 2018 final rule (83 FR 28497)
(also referred to as the ‘‘2018
Requirements’’), became effective on
July 19, 2018.
The revised Common Rule requires
that U.S. institutions engaged in
cooperative research must rely on a
single institutional review board (IRB)
to review and approve the portion of the
research conducted at domestic sites.
See 45 CFR 46.114(b). The compliance
date for the single IRB requirement is
January 20, 2020.
The revised Common Rule applies to
all research initially approved by an IRB
on or after January 21, 2019. See 45 CFR
46.101(l)(5). As of January 20, 2020, the
compliance date for the single IRB
requirement, all cooperative research
subject to the revised Common Rule will
be required to use a single IRB, whether
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the research was initially approved by a
single IRB or multiple IRBs.
Regulatory Allowance of Exceptions to
Single IRB Review Requirement
The revised Common Rule provides
that the agency conducting or
supporting cooperative research may
except the research from the single IRB
mandate. To do so, the agency must
both determine and document that
using a single IRB is not appropriate in
the particular context. See 45 CFR
46.114(b)(2).
Research Contexts Qualifying for
Exception
With respect to HHS-conducted or
supported research, OHRP has
determined that the following research
is excepted from the single IRB
mandate: (1) Cooperative research
conducted or supported by HHS
agencies other than the National
Institutes of Health (NIH), if an IRB
approved the research before January
20, 2020, or (2) cooperative research
conducted or supported by NIH if either
(a) the NIH single IRB policy 1 does not
apply, and the research was initially
approved by an IRB before January 20,
2020, or (b) NIH excepted the research
from its single IRB policy before January
20, 2020.
Cooperative Research Approved Before
January 20, 2020
In May 2019, the Association of
American Medical Colleges (AAMC),
the Council on Governmental Relations
(COGR), the Association of American
Universities (AAU), and the Association
of Public Land-Grant Universities
(APLGU) wrote to the director of OHRP
expressing concern regarding the
application of the single IRB
requirement to cooperative research
subject to the revised Common Rule
when the research was approved before
January 20, 2020 (available at https://
www.aamc.org/download/497410/data/
finaljointassociationlettertoohr
ponsingleirb.pdf). The organizations
asserted that much of the research
community did not fully understand the
way this requirement would operate,
and informed OHRP that shifting a
multisite study in midstream to a single
IRB review system would be difficult
and expensive. On this basis, the
organizations requested that OHRP issue
an exception to the single IRB
requirement for cooperative research
conducted under the revised Common
1 See ‘‘Guidance on Exceptions to the NIH Single
IRB Policy’’ released October 11, 2017. Available at:
https://grants.nih.gov/grants/guide/notice-files/
NOT-OD-18-003.html.
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]]>Agencies
[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Rules and Regulations]
[Pages 64430-64432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25168]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2019-0187; FRL-9999-80-Region 3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; West Virginia; Control of Emissions From
Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean
Air Act (CAA) section 111(d) plan submitted by the West Virginia
Department of Environmental Protection (WVDEP). This plan was submitted
to fulfill the requirements of the CAA and in response to EPA's
promulgation of Emissions Guidelines and Compliance Times for municipal
solid waste (MSW) landfills. The West Virginia plan establishes
emission limits for existing MSW landfills, and provides for the
implementation and enforcement of those limits.
DATES: This final rule is effective on December 23, 2019. The
incorporation by reference of certain material listed in the rule is
approved by the Director of the Federal Register as of December 23,
2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA- EPA-R03-OAR-2019-0187. 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 (CBI) 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 through https://www.regulations.gov, or please
contact the person identified in the ``For Further Information
Contact'' section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Mike Gordon, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2039. Mr. Gordon can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 1, 2019 (84 FR 31278), EPA published a notice of proposed
rulemaking (NPRM) for the State of West Virginia. In the NPRM, EPA
proposed approval of a Clean Air Act (CAA) section 111(d) plan
submitted by the WVDEP. The formal State Plan was submitted by West
Virginia on September 13, 2018.
II. Summary of State Plan and EPA Analysis
EPA has reviewed the West 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 determining that the
submitted section 111(d) plan meets the above-cited requirements.
Included within the section 111(d) plan are regulations under the West
Virginia Code, specifically, West Virginia legislative rule 45 C.S.R.
23, entitled ``Control of Air Pollution from Municipal Solid Waste
Landfills.'' A detailed explanation of the rationale behind this
proposed approval is available in the Technical Support Document (TSD).
Other specific requirements of West Virginia's State Plan for MSW
landfills and the rationale for EPA's proposed action are explained in
the NPRM and will not be restated here. No public comments were
received on the NPRM.
III. Final Action
EPA is approving the West Virginia section 111(d) plan for MSW
landfills submitted pursuant to 40 CFR part 60, subpart Cf. Therefore,
EPA is amending 40 CFR part 62, subpart XX to reflect this action. The
scope of the 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[thinsp]60.30f(c), as well as section 4.8.b, ``Implementation of
Emission Guidelines for Existing MSW Landfills,'' of West Virginia's
111(d) plan submittal.
IV. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, EPA is
finalizing regulatory text that includes the incorporation by reference
of West Virginia Code, specifically, West Virginia legislative rule 45
C.S.R. 23, effective June 1, 2018, entitled ``Control of Air Pollution
from Municipal Solid Waste Landfills,'' which is part of the CAA
section 111(d) plan applicable to existing MSW landfills in West
Virginia as discussed in section II of this preamble. The regulatory
provisions of 45 C.S.R. 23 establish emission standards and compliance
times for the control of methane and other organic compounds from
certain existing MSW landfills located in West Virginia that commenced
construction, modification, or reconstruction on or before July 17,
2014. These provisions set forth requirements meeting criteria
promulgated by EPA at 40 CFR part 60, subpart Cf. EPA has made, and
will continue to make, 45 C.S.R. 23, as well as the entire West
Virginia plan, generally available through
[[Page 64431]]
www.regulations.gov, Docket No. EPA-R03-OAR-2019-0187, 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). 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
A. General Requirements
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:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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 the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule 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.
B. Submission to Congress and the Comptroller General
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 21, 2020. 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 approving West Virginia's State Plan for existing
MSW landfills 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, Air pollution control, Landfills,
Incorporation by reference, Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: August 27, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. Section 62.12125 is revised to read as follows:
Sec. 62.12125 Identification of plan.
(a) West Virginia 111(d) plan for municipal solid waste landfills,
including delegation of Federal plan compliance schedule and reporting
requirements, as submitted to the Environmental Protection Agency on
May 29, 1998, and as amended on May 15, 2000, and December 20, 2000, to
implement 40 CFR part 60, subpart Cc.
(b)(1) Control of landfill gas emissions from existing municipal
solid waste landfills, submitted by the West Virginia Department of
Environmental Protection on September 13, 2018, to implement 40 CFR
part 60, subpart Cf. The Plan includes regulatory provisions cited in
paragraph (c) of this section, which the EPA incorporates by reference.
(2) After December 23, 2019, the substantive requirements of the
municipal solid waste landfills state plan are contained in paragraph
(b) of this section and owners and operators of municipal solid waste
landfills in West Virginia must comply with the requirements in
paragraph (b) of this section.
(c) Incorporation by reference. (1) The material incorporated by
reference in this section was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy
of the material is available electronically through
www.regulations.gov, Docket No. EPA-R03-OAR-2019-0187, or at the EPA
Region III office, 1650 Arch Street, Philadelphia, PA 19103, 215-814-
5000. Copies may be inspected at the National Archives and Records
Administration (NARA). For information on the
[[Page 64432]]
availability of this material at NARA, email [email protected] or
go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
(2) State of West Virginia, Secretary of State, Code of State
Regulations.
(i) 45 CSR 23: West Virginia legislative rule; Title 45, Department
of Environmental Protection, Air Quality; Series 23, Control of Air
Pollution from Municipal Solid Waste Landfills, effective June 1, 2018.
(ii) [Reserved]
0
3. Section 62.12126 is revised to read as follows:
Sec. 62.12126 Identification of sources.
(a) The plan in Sec. 62.12125(a) applies to all existing West
Virginia municipal solid waste landfills for which construction,
reconstruction, or modification was commenced before May 30, 1991 and
that accepted waste at any time since November 8, 1987, or that have
additional capacity available for future waste deposition, as described
in 40 CFR part 60, subpart Cc.
(b) The plan in Sec. 62.12125(b) applies to all existing municipal
solid waste landfills under the jurisdiction of the West Virginia
Department of Environmental Protection for which construction,
reconstruction, or modification was commenced on or before July 17,
2014.
0
4. Section 62.12127 is revised to read as follows:
Sec. 62.12127 Effective date.
(a) The effective date of the plan submitted on May 29, 1998, and
as amended on May 15, 2000 by the West Virginia Department of
Environmental Protection for municipal solid waste landfills is July
23, 2001.
(b) The effective date of the plan submitted on September 13, 2018
by the West Virginia Department of Environmental Protection for
municipal solid waste landfills is December 23, 2019.
[FR Doc. 2019-25168 Filed 11-21-19; 8:45 am]
BILLING CODE 6560-50-P
