Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Pinal County Air Quality Control District; Control of Emissions From Existing Municipal Solid Waste Landfills, 9388-9390 [2020-02506]
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Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Rules and Regulations
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[FR Doc. 2020–03268 Filed 2–18–20; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R09–OAR–2019–0345; FRL–10001–
02–Region 9]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Pinal County Air Quality
Control District; Control of Emissions
From Existing Municipal Solid Waste
Landfills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a state plan submitted by the
Pinal County Air Quality Control
District (PCAQCD). For the purposes of
this Section 111(d) plan, the PCAQCD is
considered a ‘‘State’’ as defined in
EPA’s regulations. This state plan
submittal pertains to the regulation of
landfill gas and its components,
including methane, from existing
municipal solid waste (MSW) landfills.
This state plan was submitted in
response to the EPA’s promulgation of
Emissions Guidelines and Compliance
Times for MSW landfills. This action is
being taken under the Clean Air Act
(CAA).
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
This plan will be effective on
March 20, 2020. The incorporation by
reference of certain material listed in the
DATES:
VerDate Sep<11>2014
16:42 Feb 18, 2020
Jkt 250001
rule is approved by the Director of the
Federal Register as of March 20, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0345. 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:
Jeffrey Buss, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4152 or by
email at buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 8, 2019 (84 FR 32365), the
EPA proposed to approve a section
111(d) plan submitted by the PCAQCD
for existing municipal solid waste
landfills. The submitted section 111(d)
plan was in response to the August 29,
2016 promulgation of Federal NSPS and
emission guidelines requirements for
MSW landfills, 40 CFR part 60, subparts
XXX and Cf, respectively (81 FR 59332
and 81 FR 59276). Included within the
section 111(d) plan are regulations
under the PCAQCD Code at Chapter 5,
Article 34 (5–34–2050) entitled
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Fmt 4700
Sfmt 4700
50
50
15
20
725
725
200
‘‘Standards of Performance for Existing
Municipal Solid Waste Landfills’’ and
Chapter 6, Article 1 (6–1–030) entitled
‘‘New Source Performance Standards:
Adopted Documents,’’ effective on
December 19, 2018.
We proposed to approve this plan
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the plan and our
evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving the plan submitted by the
PCAQCD.
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 the
PCAQCD Code 5–34–2050 entitled
‘‘Standards of Performance for Existing
Municipal Solid Waste Landfills’’ and
6–1–030 entitled ‘‘Performance
Standards’’ amended on December 19,
2018, which is part of the CAA section
111(d) plan applicable to existing MSW
landfills in Pinal County Arizona as
discussed in section I of this preamble.
These regulatory provisions in the
section 111(d) plan establish emission
standards and compliance times for the
control of methane and other organic
compounds from certain existing MSW
landfills located in Pinal County 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, the entire Pinal
E:\FR\FM\19FER1.SGM
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Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
County plan, generally available
through www.regulations.gov, Docket
No. EPA–R03–OAR–2019–0345, and at
the EPA Region IX Office (please contact
the person identified in the ‘‘For Further
Information Contact’’ section of this
preamble for more information). This
incorporation by reference has been
approved by the Office of the Federal
Register and the plan is federally
enforceable under the CAA as of the
effective date of this final rulemaking.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve
section 111(d) state plan submissions
that comply with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7411(d); 40 CFR part 60,
subparts B and Cf; and 40 CFR part 62,
subpart A. Thus, in reviewing CAA
section 111(d) state plan submissions,
the EPA’s role is to approve state
choices, provided that they meet the
criteria of the Act and implementing
regulations. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because this action is not
significant under Executive Order
12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
VerDate Sep<11>2014
16:42 Feb 18, 2020
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 EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the CAA section 111(d)
Plans are not approved to apply in
Indian country, as defined at 18 U.S.C.
1151, located in the state. As such, this
rule does not have tribal implications,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), and
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 20, 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 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, Incorporation by
reference, Intergovernmental relations,
Landfills, Methane, Ozone, Reporting
and recordkeeping requirements, Sulfur
Oxides, Volatile organic compounds.
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9389
Dated: August 30, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Editorial note: This document was
received for publication by the Office of the
Federal Register on February 4, 2020.
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 D—Arizona
2. Section 62.600 is revised to read as
follows:
■
§ 62.600
Identification of plan.
(a) The Arizona Department of
Environmental Quality submitted on
June 17, 1997 and June 29, 1999, the
State of Arizona’s Section 111(d) Plan
for Existing Municipal Solid Waste
Landfills.
(b) Control of landfill gas emissions
from existing municipal solid waste
landfills, submitted by the Arizona
Department of Environmental Quality
on July 24, 2018, to implement 40 CFR
par 60, subpart Cf. The Plan includes
the regulatory provisions cited in
paragraph (f) of this section, which the
EPA incorporates by reference.
(c) After March 20, 2020, 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
Arizona must comply with the
requirements in paragraph (b) of this
section.
(d) Control of landfill gas emissions
from existing municipal solid waste
landfills, submitted by the Pinal County
Air Quality Control District on March 4,
2019, to implement 40 CFR part 60,
subpart Cf. The Plan includes the
regulatory provisions cited in paragraph
(f) of this section, which the EPA
incorporates by reference.
(e) After March 20, 2020, the
substantive requirements of the
municipal solid waste landfills state
plan are contained in paragraph (d) of
this section and owners and operators of
municipal solid waste landfills in
Arizona must comply with the
requirements in paragraph (d) of this
section.
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Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Rules and Regulations
(f)(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. You may obtain copies
at the EPA Region 9 office, 75
Hawthorne Street, San Francisco,
California 94105, 415–947–8000 or from
the source(s) listed in this paragraph (f).
Copies may be inspected at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
email fedreg.legal@nara.gov or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(2) State of Arizona, Pinal County Air
Quality Control District. Clerk of the
Board, Pinal County, PO Box 827,
Florence, AZ 85232.
(i) Pinal County Air Quality Control
District Code of Regulations. Article 34:
Standards of Performance for Existing
Municipal Solid Waste Landfills—5–
34–2050 Applicability, amended
December 19, 2018.
(ii) Pinal County Air Quality Control
District Code of Regulations. 6–1–030
Performance standards, Nos. 1, 2, and
75, amended December 19, 2018.
■ 3. Section 62.601 is revised to read as
follows:
§ 62.601
Identification of sources.
(a) The plan applies to all existing
municipal solid waste landfills for
which construction, reconstruction, or
modification was commenced before
May 30, 1991, as described in 40 CFR
part 60, subpart Cc.
(b) The plan in § 62.600(b) applies to
all existing municipal solid waste
landfills under the jurisdiction of the
Arizona Department of Environmental
Quality for which construction,
reconstruction, or modification was
commenced on or before July 17, 2014.
(c) The plan in § 62.600(c) applies to
all existing municipal solid waste
landfills under the jurisdiction of the
Pinal County Air Quality Control
District for which construction,
reconstruction, or modification was
commenced on or before July 17, 2014.
■ 4. Section 62.602 is revised to read as
follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 62.602
(a) The effective date of EPA approval
of the plan is November 19, 1999.
(b) The effective date of the plan
submitted on July 24, 2018 by the
Arizona Department of Environmental
Quality for municipal solid waste
landfills is March 20, 2020.
(c) The effective date of the plan
submitted on March 4, 2019 by the Pinal
County Air Quality Control District for
16:42 Feb 18, 2020
[FR Doc. 2020–02506 Filed 2–18–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[PS Docket Nos. 18–261, 17–239; GN Docket
No. 11–117; FCC 19–76; FRS 16425]
Implementing Kari’s Law and RAY
BAUM’S Act; Inquiry Concerning 911
Access, Routing, and Location in
Enterprise Communications Systems;
Amending the Definition of
Interconnected VoIP Service;
Corrections
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
This document corrects the
final rules portion of a Federal Register
document published on December 5,
2019. That Federal Register document
inadvertently removed definitions from
the Commission’s rules for
telecommunications relay services.
DATES: Effective on February 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Michael Scott, Consumer and
Governmental Affairs Bureau, (202)
418–1264, or email Michael.Scott@
fcc.gov.
SUPPLEMENTARY INFORMATION: This
document corrects the final rules
document published at 84 FR 66716,
December 5, 2019.
SUMMARY:
List of Subjects in 47 CFR Part 64
Individuals with disabilities,
Telecommunications,
Telecommunications relay services.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
Accordingly, 47 CFR part 64 is
corrected by making the following
correcting amendments:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
Effective date.
VerDate Sep<11>2014
municipal solid waste landfills is March
20, 2020.
Jkt 250001
1. The authority citation for part 64
continues to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 217,
218, 220, 222, 225, 226, 227, 228, 251(a),
251(e), 254(k), 262, 403(b)(2)(B), (c), 616, 620,
and 1401–1473, unless otherwise noted.
2. Amend § 64.601 by adding
paragraphs (a)(1) through (51) to read as
follows:
■
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Fmt 4700
Sfmt 4700
§ 64.601 Definitions and provisions of
general applicability.
(a) * * *
(1) 711. The abbreviated dialing code
for accessing relay services anywhere in
the United States.
(2) ACD platform. The hardware and/
or software that comprise the essential
call center function of call distribution,
and that are a necessary core component
of internet-based TRS.
(3) American Sign Language (ASL). A
visual language based on hand shape,
position, movement, and orientation of
the hands in relation to each other and
the body.
(4) ANI. For 911 systems, the
Automatic Number Identification (ANI)
identifies the calling party and may be
used as the callback number.
(5) ASCII. An acronym for American
Standard Code for Information
Interexchange which employs an eight
bit code and can operate at any standard
transmission baud rate including 300,
1200, 2400, and higher.
(6) Authorized provider. An iTRS
provider that becomes the iTRS user’s
new default provider, having obtained
the user’s authorization verified in
accordance with the procedures
specified in this part.
(7) Baudot. A seven bit code, only five
of which are information bits. Baudot is
used by some text telephones to
communicate with each other at a 45.5
baud rate.
(8) Call release. A TRS feature that
allows the CA to sign-off or be
‘‘released’’ from the telephone line after
the CA has set up a telephone call
between the originating TTY caller and
a called TTY party, such as when a TTY
user must go through a TRS facility to
contact another TTY user because the
called TTY party can only be reached
through a voice-only interface, such as
a switchboard.
(9) Common carrier or carrier. Any
common carrier engaged in interstate
Communication by wire or radio as
defined in section 3(h) of the
Communications Act of 1934, as
amended (the Act), and any common
carrier engaged in intrastate
communication by wire or radio,
notwithstanding sections 2(b) and
221(b) of the Act.
(10) Communications assistant (CA).
A person who transliterates or interprets
conversation between two or more end
users of TRS. CA supersedes the term
‘‘TDD operator.’’
(11) Default provider. The iTRS
provider that registers and assigns a tendigit telephone number to an iTRS user
pursuant to § 64.611.
(12) Default provider change order. A
request by an iTRS user to an iTRS
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Agencies
[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Rules and Regulations]
[Pages 9388-9390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02506]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R09-OAR-2019-0345; FRL-10001-02-Region 9]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Pinal County Air Quality Control District;
Control of Emissions From Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a state plan submitted by the Pinal County Air
Quality Control District (PCAQCD). For the purposes of this Section
111(d) plan, the PCAQCD is considered a ``State'' as defined in EPA's
regulations. This state plan submittal pertains to the regulation of
landfill gas and its components, including methane, from existing
municipal solid waste (MSW) landfills. This state plan was submitted in
response to the EPA's promulgation of Emissions Guidelines and
Compliance Times for MSW landfills. This action is being taken under
the Clean Air Act (CAA).
DATES: This plan will be effective on March 20, 2020. The incorporation
by reference of certain material listed in the rule is approved by the
Director of the Federal Register as of March 20, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0345. 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: Jeffrey Buss, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4152 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 8, 2019 (84 FR 32365), the EPA proposed to approve a
section 111(d) plan submitted by the PCAQCD for existing municipal
solid waste landfills. The submitted section 111(d) plan was in
response to the August 29, 2016 promulgation of Federal NSPS and
emission guidelines requirements for MSW landfills, 40 CFR part 60,
subparts XXX and Cf, respectively (81 FR 59332 and 81 FR 59276).
Included within the section 111(d) plan are regulations under the
PCAQCD Code at Chapter 5, Article 34 (5-34-2050) entitled ``Standards
of Performance for Existing Municipal Solid Waste Landfills'' and
Chapter 6, Article 1 (6-1-030) entitled ``New Source Performance
Standards: Adopted Documents,'' effective on December 19, 2018.
We proposed to approve this plan because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the plan and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving the plan submitted by
the PCAQCD.
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 the PCAQCD Code 5-34-2050 entitled ``Standards of Performance for
Existing Municipal Solid Waste Landfills'' and 6-1-030 entitled
``Performance Standards'' amended on December 19, 2018, which is part
of the CAA section 111(d) plan applicable to existing MSW landfills in
Pinal County Arizona as discussed in section I of this preamble. These
regulatory provisions in the section 111(d) plan establish emission
standards and compliance times for the control of methane and other
organic compounds from certain existing MSW landfills located in Pinal
County 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, the entire Pinal
[[Page 9389]]
County plan, generally available through www.regulations.gov, Docket
No. EPA-R03-OAR-2019-0345, and at the EPA Region IX Office (please
contact the person identified in the ``For Further Information
Contact'' section of this preamble for more information). This
incorporation by reference has been approved by the Office of the
Federal Register and the plan is federally enforceable under the CAA as
of the effective date of this final rulemaking.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve
section 111(d) state plan submissions that comply with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40
CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in
reviewing CAA section 111(d) state plan submissions, the EPA's role is
to approve state choices, provided that they meet the criteria of the
Act and implementing regulations. Accordingly, this action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the CAA section 111(d) Plans are not approved to apply
in Indian country, as defined at 18 U.S.C. 1151, located in the state.
As such, this rule does not have tribal implications, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), and it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 20, 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 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, Incorporation by
reference, Intergovernmental relations, Landfills, Methane, Ozone,
Reporting and recordkeeping requirements, Sulfur Oxides, Volatile
organic compounds.
Dated: August 30, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Editorial note: This document was received for publication by
the Office of the Federal Register on February 4, 2020.
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 D--Arizona
0
2. Section 62.600 is revised to read as follows:
Sec. 62.600 Identification of plan.
(a) The Arizona Department of Environmental Quality submitted on
June 17, 1997 and June 29, 1999, the State of Arizona's Section 111(d)
Plan for Existing Municipal Solid Waste Landfills.
(b) Control of landfill gas emissions from existing municipal solid
waste landfills, submitted by the Arizona Department of Environmental
Quality on July 24, 2018, to implement 40 CFR par 60, subpart Cf. The
Plan includes the regulatory provisions cited in paragraph (f) of this
section, which the EPA incorporates by reference.
(c) After March 20, 2020, 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 Arizona must comply with the requirements in paragraph (b)
of this section.
(d) Control of landfill gas emissions from existing municipal solid
waste landfills, submitted by the Pinal County Air Quality Control
District on March 4, 2019, to implement 40 CFR part 60, subpart Cf. The
Plan includes the regulatory provisions cited in paragraph (f) of this
section, which the EPA incorporates by reference.
(e) After March 20, 2020, the substantive requirements of the
municipal solid waste landfills state plan are contained in paragraph
(d) of this section and owners and operators of municipal solid waste
landfills in Arizona must comply with the requirements in paragraph (d)
of this section.
[[Page 9390]]
(f)(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. You may obtain copies at the EPA
Region 9 office, 75 Hawthorne Street, San Francisco, California 94105,
415-947-8000 or from the source(s) listed in this paragraph (f). Copies
may be inspected at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
email [email protected] or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
(2) State of Arizona, Pinal County Air Quality Control District.
Clerk of the Board, Pinal County, PO Box 827, Florence, AZ 85232.
(i) Pinal County Air Quality Control District Code of Regulations.
Article 34: Standards of Performance for Existing Municipal Solid Waste
Landfills--5-34-2050 Applicability, amended December 19, 2018.
(ii) Pinal County Air Quality Control District Code of Regulations.
6-1-030 Performance standards, Nos. 1, 2, and 75, amended December 19,
2018.
0
3. Section 62.601 is revised to read as follows:
Sec. 62.601 Identification of sources.
(a) The plan applies to all existing municipal solid waste
landfills for which construction, reconstruction, or modification was
commenced before May 30, 1991, as described in 40 CFR part 60, subpart
Cc.
(b) The plan in Sec. 62.600(b) applies to all existing municipal
solid waste landfills under the jurisdiction of the Arizona Department
of Environmental Quality for which construction, reconstruction, or
modification was commenced on or before July 17, 2014.
(c) The plan in Sec. 62.600(c) applies to all existing municipal
solid waste landfills under the jurisdiction of the Pinal County Air
Quality Control District for which construction, reconstruction, or
modification was commenced on or before July 17, 2014.
0
4. Section 62.602 is revised to read as follows:
Sec. 62.602 Effective date.
(a) The effective date of EPA approval of the plan is November 19,
1999.
(b) The effective date of the plan submitted on July 24, 2018 by
the Arizona Department of Environmental Quality for municipal solid
waste landfills is March 20, 2020.
(c) The effective date of the plan submitted on March 4, 2019 by
the Pinal County Air Quality Control District for municipal solid waste
landfills is March 20, 2020.
[FR Doc. 2020-02506 Filed 2-18-20; 8:45 am]
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