Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Delaware; Control of Emissions From Existing Municipal Solid Waste Landfills, 9673-9675 [2020-02507]
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9673
Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Rules and Regulations
FLORIDA—2010 SULFUR DIOXIDE NAAQS—Continued
[Primary]
Designation
Designated area
Date 1
Type
That portion of Hillsborough and Polk Counties encompassed by the polygon with the
vertices using Universal Traverse Mercator (UTM) coordinates in UTM zone 17
with datum NAD83 as follows: 390,500 E, 3,073,500 N; 390,500 E, 3,083,500 N;
400,500 E, 3,083,500 N; 400,500 E, 3,073,500 N
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Mulberry, FL Area 3 ........................................................................................................................
Hillsborough County (part)
Polk County (part)
That portion of Hillsborough and Polk Counties encompassed by the polygon with the
vertices using Universal Traverse Mercator (UTM) coordinates in UTM zone 17
with datum NAD83 starting with the Northwest Corner and proceeding to the Northeast as follows: 390,500 E, 3,083,500 N; 410,700 E, 3,091,600 N; 412,900 E,
3,089,800 N; 412,900 E, 3,084,600 N; 400,500 E, 3,073,500 N; 400,500 E,
3,083,500 N
*
*
*
*
3/23/2020
*
*
*
Attainment/Unclassifiable.
*
*
1 This
date is 4/9/2018, unless otherwise noted.
*
*
*
*
*
*
*
3 Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the
designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
*
*
*
*
*
[FR Doc. 2020–02606 Filed 2–19–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2019–0160; FRL–9999–79–
Region 3]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Delaware; Control of
Emissions From Existing Municipal
Solid Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a Clean Air
Act (CAA) section 111(d) plan
submitted by the Delaware Department
of Natural Resources and Environmental
Control (DNREC). 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
Delaware 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
March 23, 2020. The incorporation by
reference of certain material listed in the
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SUMMARY:
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rule is approved by the Director of the
Federal Register as of March 23, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0160. 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 gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 1, 2019 (84 FR 31279), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
Delaware. In the NPRM, EPA proposed
approval of a Clean Air Act (CAA)
section 111(d) plan submitted by the
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Delaware Department of Natural
Resources and Environmental Control
(DNREC). The formal State Plan was
submitted by Delaware on October 10,
2017.
II. Summary of State Plan and EPA
Analysis
EPA has reviewed the Delaware
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 Delaware Administrative
Code, specifically DE Admin. Code 1120
(Section 30), entitled ‘‘Standards of
Performance for Municipal Solid Waste
Landfills After July 11, 2017.’’ Section
30 of DE Admin. Code 1120, which is
included in the Plan, applies to each
municipal solid waste landfill, open or
closed, that commenced construction,
reconstruction, or modification after
July 17, 2014 or that has accepted waste
after November 8, 1987 or that has
additional capacity available to accept
waste. While Delaware has chosen to
regulate new and existing landfills
under the same State regulation, for
purposes of this action, the Plan applies
to any Delaware ‘‘designated facility,’’
which in the context of the Emissions
Guideline means each existing MSW
landfill for which construction,
reconstruction, or modification was
commenced on or before July 17, 2014,
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Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Rules and Regulations
which is consistent with the
requirements of 40 CFR part 60, subpart
Cf. A detailed explanation of the
rationale behind this approval is
available in the Technical Support
Document (TSD).
Other specific requirements of
Delaware’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.
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III. Final Action
EPA is approving the Delaware
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 I, 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 7 DE Admin. Code
1120 Section 30.1.
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 Delaware
Administrative Code 1120 (Section 30),
effective July 11, 2017, entitled
‘‘Standards of Performance for
Municipal Solid Waste Landfills After
July 11, 2017,’’ which is part of the CAA
section 111(d) plan applicable to
existing MSW landfills in Delaware as
discussed in section II of this preamble.
The regulatory provisions of DE Admin.
Code 1120 (Section 30). The regulatory
provisions of DE Admin. Code 1120
(Section 30) incorporate by reference the
Standards of Performance for Municipal
Solid Waste landfills promulgated by
EPA at 40 CFR part 60, subpart XXX,
and establish emission standards and
compliance times for the control of
methane and other organic compounds
from MSW landfills, open or closed,
located in Delaware, that commenced
construction, modification, or
reconstruction after July 17, 2014 or that
have accepted waste after November 8,
1987 or that have additional capacity
available to accept waste. EPA has
made, and will continue to make, the
Delaware plan, including DE Admin.
Code 1120 (Section 30), generally
available through www.regulations.gov,
Docket No. EPA–R03–OAR–2019–0160,
and at the EPA Region III Office (please
VerDate Sep<11>2014
16:08 Feb 19, 2020
Jkt 250001
contact the person identified in the FOR
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.
FURTHER INFORMATION CONTACT
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
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Fmt 4700
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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 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
approving Delaware’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, Incorporation by
reference, Intergovernmental relations,
Landfills, Methane, Ozone, Reporting
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and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: August 27, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
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
§ 62.1951
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. Section 62.1950 is revised to read
as follows:
■
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§ 62.1950
Identification of plan.
(a) Section 111(d) plan for municipal
solid waste landfills and the associated
Delaware Department of Natural
Resources, Division of Air and Waste
Management, Regulation No. 20, Section
28, as submitted on April 23, 1998, to
implement 40 CFR part 60, subpart Cc.
(b) Control of Emissions from Existing
Municipal Solid Waste Landfills,
including Delaware Administrative
Code 1120 (Section 30), submitted by
the Delaware Department of Natural
Resources and Environmental Control
on October 10, 2017, to implement 40
CFR part 60, subpart Cf. The Plan
includes the regulatory provisions cited
in paragraph (d) of this section, which
the EPA incorporates by reference.
(c) After March 23, 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
Delaware must comply with the
requirements in paragraph (b) of this
section.
(d)(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 at the EPA Region III office,
1650 Arch Street, Philadelphia, PA
19103, 215–814–5000. You may inspect
a copy at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, email fedreg.legal@
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16:08 Feb 19, 2020
Jkt 250001
nara.gov or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(2) State of Delaware, Delaware
Department of Natural Resources and
Environmental Control, State of
Delaware Administrative Code.
(i) Title 7 Natural Resources and
Environmental Control, 1120 New
Source Performance Standards, 30.0
Standards of Performance for Municipal
Solid Waste Landfills After July 11,
2017, dated July 11, 2017.
(ii) [Reserved]
■ 3. Section 62.1951 is revised to read
as follows:
Identification of sources.
(a) The plan in § 62.1950(a) applies to
all Delaware existing 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 § 62.1950(b) applies to
all existing municipal solid waste
landfills under the jurisdiction of the
Delaware Department of Natural
Resources and Environmental Control
for which construction, reconstruction,
or modification was commenced on or
before July 17, 2014.
■ 4. Section 62.1952 is revised to read
as follows:
§ 62.1952
Effective date.
(a) The effective date of the plan
submitted on April 23, 1998 by the
Delaware Department of Natural
Resources and Environmental Control
for municipal solid waste landfills is
November 16, 1999.
(b) The effective date of the plan
submitted on October 10, 2017 by the
Delaware Department of Natural
Resources and Environmental Control
for municipal solid waste landfills is
March 23, 2020.
[FR Doc. 2020–02507 Filed 2–19–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2020–0005; Internal
Agency Docket No. FEMA–8617]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
AGENCY:
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ACTION:
9675
Final rule.
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/national-floodinsurance-program-community-statusbook.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Adrienne L.
Sheldon, PE, CFM, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
Street SW, Washington, DC 20472, (202)
212–3966.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Rules and Regulations]
[Pages 9673-9675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02507]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2019-0160; FRL-9999-79-Region 3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Delaware; 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 Delaware Department
of Natural Resources and Environmental Control (DNREC). 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 Delaware 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 March 23, 2020. The
incorporation by reference of certain material listed in the rule is
approved by the Director of the Federal Register as of March 23, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0160. 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 31279), EPA published a notice of proposed
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed
approval of a Clean Air Act (CAA) section 111(d) plan submitted by the
Delaware Department of Natural Resources and Environmental Control
(DNREC). The formal State Plan was submitted by Delaware on October 10,
2017.
II. Summary of State Plan and EPA Analysis
EPA has reviewed the Delaware 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
Delaware Administrative Code, specifically DE Admin. Code 1120 (Section
30), entitled ``Standards of Performance for Municipal Solid Waste
Landfills After July 11, 2017.'' Section 30 of DE Admin. Code 1120,
which is included in the Plan, applies to each municipal solid waste
landfill, open or closed, that commenced construction, reconstruction,
or modification after July 17, 2014 or that has accepted waste after
November 8, 1987 or that has additional capacity available to accept
waste. While Delaware has chosen to regulate new and existing landfills
under the same State regulation, for purposes of this action, the Plan
applies to any Delaware ``designated facility,'' which in the context
of the Emissions Guideline means each existing MSW landfill for which
construction, reconstruction, or modification was commenced on or
before July 17, 2014,
[[Page 9674]]
which is consistent with the requirements of 40 CFR part 60, subpart
Cf. A detailed explanation of the rationale behind this approval is
available in the Technical Support Document (TSD).
Other specific requirements of Delaware'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 Delaware 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 I, 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 7 DE Admin. Code 1120 Section 30.1.
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 Delaware Administrative Code 1120 (Section 30), effective July 11,
2017, entitled ``Standards of Performance for Municipal Solid Waste
Landfills After July 11, 2017,'' which is part of the CAA section
111(d) plan applicable to existing MSW landfills in Delaware as
discussed in section II of this preamble. The regulatory provisions of
DE Admin. Code 1120 (Section 30). The regulatory provisions of DE
Admin. Code 1120 (Section 30) incorporate by reference the Standards of
Performance for Municipal Solid Waste landfills promulgated by EPA at
40 CFR part 60, subpart XXX, and establish emission standards and
compliance times for the control of methane and other organic compounds
from MSW landfills, open or closed, located in Delaware, that commenced
construction, modification, or reconstruction after July 17, 2014 or
that have accepted waste after November 8, 1987 or that have additional
capacity available to accept waste. EPA has made, and will continue to
make, the Delaware plan, including DE Admin. Code 1120 (Section 30),
generally available through www.regulations.gov, Docket No. EPA-R03-
OAR-2019-0160, 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 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 approving Delaware'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, Incorporation by
reference, Intergovernmental relations, Landfills, Methane, Ozone,
Reporting
[[Page 9675]]
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: August 27, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
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 I--Delaware
0
2. Section 62.1950 is revised to read as follows:
Sec. 62.1950 Identification of plan.
(a) Section 111(d) plan for municipal solid waste landfills and the
associated Delaware Department of Natural Resources, Division of Air
and Waste Management, Regulation No. 20, Section 28, as submitted on
April 23, 1998, to implement 40 CFR part 60, subpart Cc.
(b) Control of Emissions from Existing Municipal Solid Waste
Landfills, including Delaware Administrative Code 1120 (Section 30),
submitted by the Delaware Department of Natural Resources and
Environmental Control on October 10, 2017, to implement 40 CFR part 60,
subpart Cf. The Plan includes the regulatory provisions cited in
paragraph (d) of this section, which the EPA incorporates by reference.
(c) After March 23, 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 Delaware must comply with the requirements in paragraph
(b) of this section.
(d)(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 at
the EPA Region III office, 1650 Arch Street, Philadelphia, PA 19103,
215-814-5000. You may inspect a copy 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 Delaware, Delaware Department of Natural Resources and
Environmental Control, State of Delaware Administrative Code.
(i) Title 7 Natural Resources and Environmental Control, 1120 New
Source Performance Standards, 30.0 Standards of Performance for
Municipal Solid Waste Landfills After July 11, 2017, dated July 11,
2017.
(ii) [Reserved]
0
3. Section 62.1951 is revised to read as follows:
Sec. 62.1951 Identification of sources.
(a) The plan in Sec. 62.1950(a) applies to all Delaware existing
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. 62.1950(b) applies to all existing municipal
solid waste landfills under the jurisdiction of the Delaware Department
of Natural Resources and Environmental Control for which construction,
reconstruction, or modification was commenced on or before July 17,
2014.
0
4. Section 62.1952 is revised to read as follows:
Sec. 62.1952 Effective date.
(a) The effective date of the plan submitted on April 23, 1998 by
the Delaware Department of Natural Resources and Environmental Control
for municipal solid waste landfills is November 16, 1999.
(b) The effective date of the plan submitted on October 10, 2017 by
the Delaware Department of Natural Resources and Environmental Control
for municipal solid waste landfills is March 23, 2020.
[FR Doc. 2020-02507 Filed 2-19-20; 8:45 am]
BILLING CODE 6560-50-P
