Approval and Promulgation of State Plans for Designated Facilities and Pollutants: City of Philadelphia and District of Columbia, 45154-45155 [2020-15649]
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45154
Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Proposed Rules
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 the requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed action does
not apply on any Indian reservation
land or in any other area where EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur dioxide, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 10, 2020.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2020–15399 Filed 7–24–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
jbell on DSKJLSW7X2PROD with PROPOSALS
[EPA–R03–OAR–2019–0678; FRL–10011–
93–Region 3]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants: City of Philadelphia and
District of Columbia
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
VerDate Sep<11>2014
18:16 Jul 24, 2020
Jkt 250001
The Environmental Protection
Agency (EPA) is proposing to approve
negative declarations submitted to
satisfy the requirements of the Emission
Guidelines and Compliance Times for
Municipal Solid Waste Landfills for the
City of Philadelphia, located in the
Commonwealth of Pennsylvania, and
the District of Columbia. The negative
declarations certify that there are no
existing municipal solid waste landfills
in the City of Philadelphia or the
District of Columbia that are subject to
the requirements of 40 CFR part 60
subpart Cf.
DATES: Written comments must be
received on or before August 26, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2019–0678 at https://
www.regulations.gov, or via email to
Opila.MaryCate@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–5795.
Mr. Willson can also be reached via
electronic mail at Willson.Matthew@
epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Section 111(d) of the Clean Air Act
(CAA) establishes standards of
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
performance for certain existing sources.
Air pollutants included under this
section are those which have not
already been established as air quality
criteria pollutants via 42 U.S.C. 7408(a)
or hazardous air pollutants via 42 U.S.C.
7412. Section 111(d)(1) requires states to
submit to EPA for approval a plan that
establishes standards of performance.
The plan must provide that the state
will implement and enforce the
standards of performance. A Federal
plan is prescribed if a state does not
submit a state-specific plan or the
submitted plan is disapproved. If a state
has no designated facilities for a
standards of performance source
category, it may submit a negative
declaration in lieu of a state plan for
that source category according to 40
CFR 60.23a(b) and 62.06.
II. Municipal Solid Waste Landfill
Regulations
A municipal solid waste (MSW)
landfill is defined in 40 CFR 60.41f as,
‘‘an entire disposal facility in a
contiguous geographical space where
household waste is placed in or on
land.’’ Other substances may be placed
in the landfill which are regulated
under the Resource Conservation and
Recovery Act (RCRA) subtitle D, 40 CFR
257.2. MSW landfills emit gases
generated by the decomposition of
organic compounds or evolution of new
organic compounds from the deposited
waste. EPA regulations specifically
delineate measures to control methane
and nonmethane organic compound
(NMOC) emissions, which can adversely
impact public health.
The Emission Guidelines and
Compliance Times for Municipal Solid
Waste Landfills, as codified at 40 CFR
part 60 subpart Cf (subpart Cf, or
Emission Guidelines) apply to states
with MSW landfills that accepted waste
after November 8, 1987 and commenced
construction, reconstruction, or
modification before July 17, 2014. Such
landfills are considered to be ‘‘existing’’
landfills. In states with facilities
meeting the applicability criteria of an
existing MSW landfill, the
Administrator of an air quality program
must submit a state plan to EPA that
implements the Emission Guidelines.
The City of Philadelphia Air
Management Services (AMS) and the
District of Columbia Department of
Energy and Environment (DOEE) have
determined that there are no MSW
landfills in their respective jurisdictions
subject to Federal CAA landfill
regulations pursuant to part 40 CFR part
60 subpart Cf. AMS and DOEE have
submitted negative declarations to EPA
on March 15, 2018 and November 15,
E:\FR\FM\27JYP1.SGM
27JYP1
Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Proposed Rules
2019, respectively, pursuant to the
requirements at 40 CFR 60.23a(b) and
62.06, certifying that there are no
existing source MSW landfills in their
respective jurisdictions subject to the
requirements of 40 CFR part 60 subpart
Cf. A typographical error in the letter
from AMS was noted and clarified by
Philadelphia AMS in an email on May
1, 2020
III. Proposed Action
EPA is proposing to approve the City
of Philadelphia’s and the District of
Columbia’s negative declarations. The
negative declarations satisfy the
requirements of 40 CFR 60.23a(b) and
62.06, serving in lieu of a CAA 111(d)
state plan for existing MSW landfills.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
jbell on DSKJLSW7X2PROD with PROPOSALS
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a 111(d) plan
submission that complies with the
provisions of the CAA and applicable
Federal regulations (40 CFR 62.04).
Thus, in reviewing 111(d) plan
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771
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);
VerDate Sep<11>2014
18:16 Jul 24, 2020
Jkt 250001
• 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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed
rulemaking, certifying that there are no
existing municipal solid waste landfills
that are subject to the requirements of
40 CFR part 60 subpart Cf in the City of
Philadelphia or the District of Columbia,
does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the SIP is not approved to apply in
Indian country located in the State, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: July 13, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020–15649 Filed 7–24–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2000–0006; FRL–10011–
89–Region 4]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Macalloy Corporation
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is proposing to
Delete 134-acres of the 140-acre
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
45155
Macalloy Corporation Superfund Site
(Site) located at 1800 Pittsburgh
Avenue, North Charleston, South
Carolina 29405 from the National
Priorities List (NPL) and requests public
comments on this proposed action. The
NPL, promulgated pursuant to section
105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of South Carolina, through the
South Carolina Department of Health
and Environmental Control (SCDHEC),
have determined that all appropriate
response actions at these identified
parcels under CERCLA, other than
groundwater monitoring and five-year
reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund. This partial deletion
pertains to 134-acres. The remaining 6acres with groundwater concentrations
above the 100 ug/L Maximum
Contaminant Level (MCL) for total
chromium will remain on the NPL and
is not being considered for deletion as
part of this action.
DATES: Comments must be received by
August 26, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2000–0006, by one of the
following methods:
• https://www.regulations.gov.
Follow on-line instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
• Email: Zeller.Craig@epa.gov
(Remedial Project Manager).
E:\FR\FM\27JYP1.SGM
27JYP1
]]>Agencies
[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Proposed Rules]
[Pages 45154-45155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15649]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2019-0678; FRL-10011-93-Region 3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: City of Philadelphia and District of
Columbia
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve negative declarations submitted to satisfy the requirements of
the Emission Guidelines and Compliance Times for Municipal Solid Waste
Landfills for the City of Philadelphia, located in the Commonwealth of
Pennsylvania, and the District of Columbia. The negative declarations
certify that there are no existing municipal solid waste landfills in
the City of Philadelphia or the District of Columbia that are subject
to the requirements of 40 CFR part 60 subpart Cf.
DATES: Written comments must be received on or before August 26, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0678 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-5795. Mr. Willson can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Section 111(d) of the Clean Air Act (CAA) establishes standards of
performance for certain existing sources. Air pollutants included under
this section are those which have not already been established as air
quality criteria pollutants via 42 U.S.C. 7408(a) or hazardous air
pollutants via 42 U.S.C. 7412. Section 111(d)(1) requires states to
submit to EPA for approval a plan that establishes standards of
performance. The plan must provide that the state will implement and
enforce the standards of performance. A Federal plan is prescribed if a
state does not submit a state-specific plan or the submitted plan is
disapproved. If a state has no designated facilities for a standards of
performance source category, it may submit a negative declaration in
lieu of a state plan for that source category according to 40 CFR
60.23a(b) and 62.06.
II. Municipal Solid Waste Landfill Regulations
A municipal solid waste (MSW) landfill is defined in 40 CFR 60.41f
as, ``an entire disposal facility in a contiguous geographical space
where household waste is placed in or on land.'' Other substances may
be placed in the landfill which are regulated under the Resource
Conservation and Recovery Act (RCRA) subtitle D, 40 CFR 257.2. MSW
landfills emit gases generated by the decomposition of organic
compounds or evolution of new organic compounds from the deposited
waste. EPA regulations specifically delineate measures to control
methane and nonmethane organic compound (NMOC) emissions, which can
adversely impact public health.
The Emission Guidelines and Compliance Times for Municipal Solid
Waste Landfills, as codified at 40 CFR part 60 subpart Cf (subpart Cf,
or Emission Guidelines) apply to states with MSW landfills that
accepted waste after November 8, 1987 and commenced construction,
reconstruction, or modification before July 17, 2014. Such landfills
are considered to be ``existing'' landfills. In states with facilities
meeting the applicability criteria of an existing MSW landfill, the
Administrator of an air quality program must submit a state plan to EPA
that implements the Emission Guidelines.
The City of Philadelphia Air Management Services (AMS) and the
District of Columbia Department of Energy and Environment (DOEE) have
determined that there are no MSW landfills in their respective
jurisdictions subject to Federal CAA landfill regulations pursuant to
part 40 CFR part 60 subpart Cf. AMS and DOEE have submitted negative
declarations to EPA on March 15, 2018 and November 15,
[[Page 45155]]
2019, respectively, pursuant to the requirements at 40 CFR 60.23a(b)
and 62.06, certifying that there are no existing source MSW landfills
in their respective jurisdictions subject to the requirements of 40 CFR
part 60 subpart Cf. A typographical error in the letter from AMS was
noted and clarified by Philadelphia AMS in an email on May 1, 2020
III. Proposed Action
EPA is proposing to approve the City of Philadelphia's and the
District of Columbia's negative declarations. The negative declarations
satisfy the requirements of 40 CFR 60.23a(b) and 62.06, serving in lieu
of a CAA 111(d) state plan for existing MSW landfills. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)
plan submission that complies with the provisions of the CAA and
applicable Federal regulations (40 CFR 62.04). Thus, in reviewing
111(d) plan submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rulemaking, certifying that there are no
existing municipal solid waste landfills that are subject to the
requirements of 40 CFR part 60 subpart Cf in the City of Philadelphia
or the District of Columbia, does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: July 13, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-15649 Filed 7-24-20; 8:45 am]
BILLING CODE 6560-50-P
