Approval and Promulgation of State Plans for Designated Facilities and Pollutants; City of Philadelphia and District of Columbia, 74888-74890 [2020-24690]
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74888
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
Dated: November 13, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart II—North Carolina
1. The authority citation for part 52
continues to read as follows:
§ 52.1770
2. In § 52.1770 is amended by adding
paragraph (d) to read as follows:
■
■
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
*
*
*
(d) EPA-Approved North Carolina
Source-Specific Requirements.
EPA-APPROVED NORTH CAROLINA SOURCE-SPECIFIC REQUIREMENTS
Name of source
Permit No.
Blue Ridge Paper
Products, LLC.
*
*
*
*
*
6/2/2020
11/24/2020
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2019–0678; FRL–10016–
45–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: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the negative
declarations submitted to satisfy the
requirements of the Emission
Guidelines and Compliance times for
SUMMARY:
16:05 Nov 23, 2020
Jkt 253001
Federal Register
Citation
Explanation
[Insert citation of
Only the following provisions:
publication in the
(1) Condition 2.2 J.1.b.
Federal Register]. (2) The lb/hr SO2 emission limitations in
Table 2.2 J.1 for the No. 10 and No.
11 Recovery Furnaces (G08020 and
G08021), No. 4 and No. 5 Lime Kilns
(G09028 and G09029) and Riley Bark,
Riley Coal, and No. 4 Power Boilers
(G11042, G11039 and G11040).
(3) No. 10 and No. 11 Recovery Furnaces (G08020 and G08021)—Condition 2.2 J.1.c.i.
(4) No. 4 and No. 5 Lime Kilns (G09028
and G09029)—Condition 2.2 J.1.c.iii;
Condition 2.2 D.1.f.ii: Table 2.2 D–2;
Conditions 2.2 D.1.h, 2.2 D.1.i.ii; 2.2
D.1.j.ii, 2.2 D.1.l.ii, 2.2 D.1.l.iii, 2.2
D.1.1.iv, 2.2 D.1.l.v, 2.2 D.1.l.vii, 2.2
D.1.l.viii, 2.2 D.1.m, 2.2 D.1.n, 2.2
D.1.o, and 2.2 D.1.p.iii.
(5) Riley Bark, Riley Coal, and No. 4
Power Boilers (G11042, G11039 and
G11040)—Condition 2.2 J.1.c.vii and
Table 2.2 J.2.
(6) Testing—Condition 2.2 J.1.d, Table
2.2 J.3, and Condition 2.2 J.1.e.
(7)
Recordkeeping—Conditions
2.2
J.1.g.i, 2.2 J.1.g.ii, and 2.2 J.1.g.iii;
(8) Reporting—Conditions 2.2 J.1.h and
2.2 J.1.i.
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:
Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S.
DATES: This final rule is effective on
Environmental Protection Agency,
December 24, 2020.
Region III, 1650 Arch Street,
ADDRESSES: EPA has established a
Philadelphia, Pennsylvania 19103. The
docket for this action under Docket ID
telephone number is (215) 814–5795.
Number EPA–R03–OAR–2019–0678. All Mr. Willson can also be reached via
documents in the docket are listed on
electronic mail at Willson.Matthew@
the https://www.regulations.gov
epa.gov.
website. Although listed in the index,
SUPPLEMENTARY INFORMATION:
some information is not publicly
available, e.g., confidential business
I. Background
information (CBI) or other information
whose disclosure is restricted by statute.
On July 27, 2020 (85 FR 45154), EPA
Certain other material, such as
published a notice of proposed
copyrighted material, is not placed on
rulemaking (NPRM) for the City of
the internet and will be publicly
Philadelphia, located in the
available only in hard copy form.
Commonwealth of Pennsylvania, and
Municipal Solid Waste Landfills (MSW)
for the City of Philadelphia, located in
the Commonwealth of Pennsylvania,
and the District of Columbia. The
negative declaration certifies that there
are no existing facilities in the City of
Philadelphia or the District of Columbia
that must comply with this rule.
BILLING CODE 6560–50–P
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EPA approval
date
Title V Operating
Permit No.
08961T29.
[FR Doc. 2020–25464 Filed 11–23–20; 8:45 am]
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State effective
date
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Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
the District of Columbia. In the NPRM,
EPA proposed approval of negative
declarations certifying 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. The negative declarations
were submitted by The City of
Philadelphia Air Management Services
(AMS) and the District of Columbia
Department of Energy and Environment
(DOEE) on March 15, 2018 and
November 15, 2019, respectively.
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.
existing MSW landfill, the
Administrator of an air quality program
must submit a state plan to EPA that
implements the Emission Guidelines.
II. Municipal Solid Waste Landfill
Regulations
A 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
In this final action, EPA is approving
the City of Philadelphia and the District
of Columbia’s negative declarations
submitted to EPA on March 15, 2018
and November 15, 2019 respectively.
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.
VerDate Sep<11>2014
16:05 Nov 23, 2020
Jkt 253001
III. Summary of State Submittal and
EPA Analysis
AMS and DOEE have determined that
there are no MSW landfills in their
respective jurisdictions subject to
Federal CAA landfill regulations
pursuant to 40 CFR part 60, subpart Cf.
The aforementioned negative
declarations were made 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. A notice of proposed
rulemaking was published in the
Federal Register on July 27, 2020 (85 FR
45154). Due to a clerical error, the email
clarification sent by AMS was not
included in the docket for this action at
the time of NPRM publication; however,
this email has now been included in the
docket. This error was not substantive,
did not affect the public’s ability to
provide comments and has no impact
on the final disposition. One comment
was received in support of this action.
IV. Final Action
V. Statutory and Executive Order
Reviews
A. General Requirements
EPA’s role with regard to negative
declarations for designated facilities
received by EPA from states is to notify
the public of the receipt of such
negative declarations and revise 40 CFR
part 62 accordingly. This action merely
proposes to approve the state’s negative
declaration 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);
PO 00000
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Fmt 4700
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74889
• 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).
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).
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Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
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 25, 2021. 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 the negative
declarations submitted by the City of
Philadelphia and the District of
Columbia, certifying 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, 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, Intergovernmental
relations, Reporting andrecordkeeping
requirements.
Dated: November 2, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA 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 J—District of Columbia
■
2. Revise § 62.2140 to read as follows:
§ 62.2140 Identification of plan—negative
declaration.
Letter from the District of Columbia,
Department of Energy and Environment,
submitted November 15, 2019,
certifying that there are no existing
municipal solid waste landfills in the
District of Columbia that are subject to
40 CFR part 60, subpart Cf.
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Subpart NN—Pennsylvania
■
3. Revise § 62.9633 to read as follows:
§ 62.9633 Identification of plan—negative
declaration.
Letter from the City of Philadelphia,
Department of Public Health, submitted
VerDate Sep<11>2014
16:05 Nov 23, 2020
Jkt 253001
March 15, 2018 and amended by email
on May 1, 2020, certifying that there are
no existing municipal solid waste
landfills in the City of Philadelphia that
are subject to 40 CFR part 60, subpart
Cf.
[FR Doc. 2020–24690 Filed 11–23–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51 and 52
[EPA–HQ–OAR–2018–0048; FRL–10016–21–
OAR]
RIN 2060–AT89
Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NNSR): Project Emissions
Accounting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is promulgating revisions
to its major New Source Review (NSR)
applicability regulations to clarify when
the requirement to obtain a major NSR
permit applies to a source proposing to
undertake a physical change or a change
in the method of operation (i.e., a
project) under the major NSR
preconstruction permitting programs.
Under these programs, an existing major
stationary source proposing to
undertake a project must determine
whether that project will constitute a
major modification subject to the major
NSR preconstruction permitting
requirements by following a two-step
applicability test. The first step is to
determine if the proposed project would
result in a ‘‘significant emissions
increase’’ of a regulated NSR pollutant
(Step 1). If the proposed project is
determined to result in such an
increase, the second step is to determine
if the project would also result in a
‘‘significant net emissions increase’’ of
that pollutant from the source (Step 2).
In this action, we are promulgating
revisions to our major NSR applicability
regulations to clarify that both increases
and decreases in emissions resulting
from a proposed project can be
considered in Step 1 of the major NSR
major modification applicability test.
We refer to the consideration of
emissions increases and decreases in
Step 1 as project emissions accounting.
DATES: This final rule is effective on
December 24, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
SUMMARY:
PO 00000
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No. EPA–HQ–OAR–2018–0048. All
documents in the docket are listed in
the https://www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, e.g., Confidential Business
Information 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. Publicly
available docket materials are available
electronically through https://
www.regulations.gov.
In addition, the EPA has a website for
NSR rulemakings at: https://
www.epa.gov/nsr. The website includes
the EPA’s proposed and final NSR
regulations, as well as guidance
documents and technical information
related to preconstruction permitting.
FOR FURTHER INFORMATION CONTACT: For
further information concerning this
action, please contact Jessica Montan˜ez,
U.S. EPA, Office of Air Quality Planning
and Standards, Air Quality Policy
Division, Mail Code C504–03, 109 T.W.
Alexander Drive, Research Triangle
Park, NC 27709; by telephone at (919)
541–3407 or by email at
montanez.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA and wherever ‘‘reviewing
authorities,’’ or ‘‘air agencies’’ is used,
we mean air pollution control agencies.
I. General Information
A. Does this action apply to me?
Entities potentially affected directly
by this action include sources in all
industry categories. Entities potentially
affected directly by this action also
include state, local and tribal air
pollution control agencies responsible
for permitting sources pursuant to the
major NSR programs requirements.
B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this
Federal Register document will be
posted at https://www.epa.gov/nsr.
C. How is this document organized?
The information presented in this
document is organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
C. How is this document organized?
II. Background
A. The New Source Review Program
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]]>Agencies
[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Rules and Regulations]
[Pages 74888-74890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24690]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2019-0678; FRL-10016-45-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
negative declarations submitted to satisfy the requirements of the
Emission Guidelines and Compliance times for Municipal Solid Waste
Landfills (MSW) for the City of Philadelphia, located in the
Commonwealth of Pennsylvania, and the District of Columbia. The
negative declaration certifies that there are no existing facilities in
the City of Philadelphia or the District of Columbia that must comply
with this rule.
DATES: This final rule is effective on December 24, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0678. 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: 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
On July 27, 2020 (85 FR 45154), EPA published a notice of proposed
rulemaking (NPRM) for the City of Philadelphia, located in the
Commonwealth of Pennsylvania, and
[[Page 74889]]
the District of Columbia. In the NPRM, EPA proposed approval of
negative declarations certifying 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. The negative declarations were submitted by The City of
Philadelphia Air Management Services (AMS) and the District of Columbia
Department of Energy and Environment (DOEE) on March 15, 2018 and
November 15, 2019, respectively.
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 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.
III. Summary of State Submittal and EPA Analysis
AMS and DOEE have determined that there are no MSW landfills in
their respective jurisdictions subject to Federal CAA landfill
regulations pursuant to 40 CFR part 60, subpart Cf. The aforementioned
negative declarations were made 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. A notice of proposed rulemaking was published in the Federal
Register on July 27, 2020 (85 FR 45154). Due to a clerical error, the
email clarification sent by AMS was not included in the docket for this
action at the time of NPRM publication; however, this email has now
been included in the docket. This error was not substantive, did not
affect the public's ability to provide comments and has no impact on
the final disposition. One comment was received in support of this
action.
IV. Final Action
In this final action, EPA is approving the City of Philadelphia and
the District of Columbia's negative declarations submitted to EPA on
March 15, 2018 and November 15, 2019 respectively. 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.
V. Statutory and Executive Order Reviews
A. General Requirements
EPA's role with regard to negative declarations for designated
facilities received by EPA from states is to notify the public of the
receipt of such negative declarations and revise 40 CFR part 62
accordingly. This action merely proposes to approve the state's
negative declaration 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 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).
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).
[[Page 74890]]
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 25, 2021. 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 the negative declarations submitted by the
City of Philadelphia and the District of Columbia, certifying 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, 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, Intergovernmental
relations, Reporting andrecordkeeping requirements.
Dated: November 2, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA 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 J--District of Columbia
0
2. Revise Sec. 62.2140 to read as follows:
Sec. 62.2140 Identification of plan--negative declaration.
Letter from the District of Columbia, Department of Energy and
Environment, submitted November 15, 2019, certifying that there are no
existing municipal solid waste landfills in the District of Columbia
that are subject to 40 CFR part 60, subpart Cf.
Subpart NN--Pennsylvania
0
3. Revise Sec. 62.9633 to read as follows:
Sec. 62.9633 Identification of plan--negative declaration.
Letter from the City of Philadelphia, Department of Public Health,
submitted March 15, 2018 and amended by email on May 1, 2020,
certifying that there are no existing municipal solid waste landfills
in the City of Philadelphia that are subject to 40 CFR part 60, subpart
Cf.
[FR Doc. 2020-24690 Filed 11-23-20; 8:45 am]
BILLING CODE 6560-50-P
