Approval and Promulgation of State Plans (Negative Declarations) for Designated Facilities and Pollutants: Maine and Rhode Island, 9021-9023 [2021-02543]
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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations
purpose other than in performing their
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their work for the digital licensee
coordinator or as otherwise permitted
under paragraph (c)(4) of this section.
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licensing collective may disclose MLC
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mechanical licensing collective’s board
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(3) The digital licensee coordinator
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committees, subject to an appropriate
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(ii) Members of the mechanical
licensing collective’s board of directors
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15:43 Feb 10, 2021
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and committees, including music
publisher representatives, songwriters,
and representatives of the digital
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(f) Safeguarding Confidential
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and any person or entity authorized to
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(h) Confidentiality agreements. The
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Dated: February 8, 2021.
Shira Perlmutter,
Register of Copyrights and Director of the
U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021–02913 Filed 2–9–21; 4:15 pm]
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9021
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2020–0593; FRL–10017–
79–Region 1]
Approval and Promulgation of State
Plans (Negative Declarations) for
Designated Facilities and Pollutants:
Maine and Rhode Island
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking a direct final
action to approve negative declarations
submitted in lieu of State plans to
satisfy the requirements of the Emission
Guidelines and Compliance Times for
Municipal Solid Waste Landfills for the
State of Maine and the State of Rhode
Island. The negative declarations certify
that there are no existing facilities in the
States that must comply with this rule.
DATES: This direct final rule will be
effective April 12, 2021 without further
notice, unless the EPA receives adverse
comments by March 15, 2021. If the
EPA receives adverse comments, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2020–0593 at https://
www.regulations.gov, or via email to
kilpatrick.jessica@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, the EPA may publish any
comments 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, 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
SUMMARY:
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9022
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Jessica Kilpatrick, Air Permits, Toxics, &
Indoor Programs Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, Mail Code: 05–2, Boston,
MA 02109–0287. Telephone: 617–918–
1652. Fax: 617–918–0652 Email:
kilpatrick.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Municipal Solid Waste Landfill
Regulations
III. Final Action
IV. Statutory and Executive Order Reviews
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I. Background
Section 111(d) of the Clean Air Act
(CAA) establishes standards of
performance for existing sources,
specifically pertaining to the remaining
useful life of a source. 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 the
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 60.41(f) as,
‘‘an entire disposal facility in a
contiguous geographical space where
household waste is placed in or on
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land.’’ Other substances may be placed
in the landfill which are regulated
under Subtitle D of the Resource
Conservation and Recovery Act (RCRA),
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. The EPA regulations specifically
delineate measures to control methane
and nonmethane organic compound
(NMOC) emissions, which can adversely
impact public health.
Standards of Performance for new
MSW landfills, as codified at 40 CFR
part 60, subpart XXX (subpart XXX), set
standards for air emissions, operating
standards for collection and control
systems, test methods and procedures,
compliance provisions, monitoring of
operations, reporting requirements,
recordkeeping requirements, and
specifications for active collection
systems. Subpart XXX applies to
facilities that commenced construction,
reconstruction, or modification after
July 17, 2014. 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 the EPA that
implements the Emission Guidelines.
According to 40 CFR 60.33f(d)(1), if the
design capacity increase of a facility
subject to subpart Cf is the result of a
modification, as defined in subpart Cf,
that was commenced after July 17, 2014,
then the landfill becomes subject to
subpart XXX instead of subpart Cf.
The Maine Department of
Environmental Protection (ME DEP)
submitted a negative declaration to the
EPA on March 11, 2020 pursuant to the
requirements at 40 CFR 60.23a(b) and
62.06, certifying that there are no
existing source MSW landfills in the
state subject to the requirements of 40
CFR part 60, subpart Cf. ME DEP stated
that its three landfills potentially subject
to subpart Cf have made operational or
physical changes such that the state is
no longer required to develop a state
plan to regulate these landfills as
existing sources. One landfill closed in
late 2009 and pre-control emissions of
NMOC are less than 34 megagrams per
year, meeting removal criteria via 40
CFR 60.33f(f). The other two landfills
have recently expanded their capacity
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and satisfy the definition of
modification by commencing
construction after July 17, 2014 and are
therefore subject to Federal CAA landfill
regulations pursuant to subpart XXX.
The Rhode Island Department of
Environmental Management (RI DEM)
submitted a negative declaration to the
EPA on July 28, 2020 pursuant to the
requirements at 40 CFR 60.23a(b) and
62.06, certifying that there are no
existing source MSW landfills in the
state subject to the requirements of 40
CFR part 60, subpart Cf. RI DEM stated
it only has one operating landfill, which
expanded its capacity and commenced
construction on the new phase in
September 2014. The landfill satisfies
the definition of modification by
commencing construction after July 17,
2014 and is therefore subject to Federal
CAA landfill regulations pursuant to
subpart XXX.
III. Final Action
The EPA is approving the Maine and
Rhode Island negative declarations.
These 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 source MSW
landfills.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the Proposed
Rules section of this Federal Register
publication, the EPA is publishing a
separate document that will serve as the
proposal to approve the negative
declarations should relevant adverse
comments be filed. This rule will be
effective April 12, 2021 without further
notice unless the Agency receives
relevant adverse comments by March
15, 2021.
If the EPA receives such comments,
we will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on April 12, 2021 and no further action
will be taken on the proposed rule.
Please note that if the EPA receives
adverse comments on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, the EPA may
adopt as final those provisions of the
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rule that are not the subject of adverse
comments.
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, the 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 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 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).
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In addition, this rule is not approved
to apply on any Indian reservation land
or in any other area where the 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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. The 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 12, 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 may
not be challenged later in proceedings to
enforce its requirements (See section
307(b)(2)).
Parties with objections to this direct
final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the Proposed Rules
section of this Federal Register, rather
than file an immediate petition for
judicial review of this direct final rule,
so that the EPA can withdraw this direct
final rule and address comment(s) in the
final rulemaking.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
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9023
Dated: February 3, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region
1.
Part 62 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLAN
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 U—Maine
2. Add an undesignated center
heading and § 62.4995 to read as
follows:
■
Emissions From Existing Solid Waste
Landfills
§ 62.4995 Identification of plan—negative
declaration.
On March 11, 2020, the Maine
Department of Environmental Protection
submitted a letter certifying no existing
source Municipal Solid Waste Landfills
subject to 40 CFR part 60, subpart Cf,
operate within the State’s jurisdiction.
Subpart OO—Rhode Island
■
3. Revise § 62.9985 to read as follows:
§ 62.9985 Identification of plan—negative
declaration.
On July 28, 2020, the Rhode Island
Department of Environmental
Management submitted a letter
certifying no existing source Municipal
Solid Waste Landfills subject to 40 CFR
part 60, subpart Cf, operate within the
State’s jurisdiction.
[FR Doc. 2021–02543 Filed 2–10–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2021–0003; Internal
Agency Docket No. FEMA–8665]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Rules and Regulations]
[Pages 9021-9023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02543]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2020-0593; FRL-10017-79-Region 1]
Approval and Promulgation of State Plans (Negative Declarations)
for Designated Facilities and Pollutants: Maine and Rhode Island
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking a direct
final action to approve negative declarations submitted in lieu of
State plans to satisfy the requirements of the Emission Guidelines and
Compliance Times for Municipal Solid Waste Landfills for the State of
Maine and the State of Rhode Island. The negative declarations certify
that there are no existing facilities in the States that must comply
with this rule.
DATES: This direct final rule will be effective April 12, 2021 without
further notice, unless the EPA receives adverse comments by March 15,
2021. If the EPA receives adverse comments, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0593 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, the EPA may publish any comments 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, 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
[[Page 9022]]
making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are
available at https://www.regulations.gov or at the U.S. Environmental
Protection Agency, EPA Region 1 Regional Office, Air and Radiation
Division, 5 Post Office Square--Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures
due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Jessica Kilpatrick, Air Permits,
Toxics, & Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Mail
Code: 05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-
918-0652 Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Municipal Solid Waste Landfill Regulations
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Section 111(d) of the Clean Air Act (CAA) establishes standards of
performance for existing sources, specifically pertaining to the
remaining useful life of a source. 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 the 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
60.41(f) 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 Subtitle D of
the Resource Conservation and Recovery Act (RCRA), 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. The EPA regulations specifically delineate measures to control
methane and nonmethane organic compound (NMOC) emissions, which can
adversely impact public health.
Standards of Performance for new MSW landfills, as codified at 40
CFR part 60, subpart XXX (subpart XXX), set standards for air
emissions, operating standards for collection and control systems, test
methods and procedures, compliance provisions, monitoring of
operations, reporting requirements, recordkeeping requirements, and
specifications for active collection systems. Subpart XXX applies to
facilities that commenced construction, reconstruction, or modification
after July 17, 2014. 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 the EPA that implements the Emission Guidelines.
According to 40 CFR 60.33f(d)(1), if the design capacity increase of a
facility subject to subpart Cf is the result of a modification, as
defined in subpart Cf, that was commenced after July 17, 2014, then the
landfill becomes subject to subpart XXX instead of subpart Cf.
The Maine Department of Environmental Protection (ME DEP) submitted
a negative declaration to the EPA on March 11, 2020 pursuant to the
requirements at 40 CFR 60.23a(b) and 62.06, certifying that there are
no existing source MSW landfills in the state subject to the
requirements of 40 CFR part 60, subpart Cf. ME DEP stated that its
three landfills potentially subject to subpart Cf have made operational
or physical changes such that the state is no longer required to
develop a state plan to regulate these landfills as existing sources.
One landfill closed in late 2009 and pre-control emissions of NMOC are
less than 34 megagrams per year, meeting removal criteria via 40 CFR
60.33f(f). The other two landfills have recently expanded their
capacity and satisfy the definition of modification by commencing
construction after July 17, 2014 and are therefore subject to Federal
CAA landfill regulations pursuant to subpart XXX.
The Rhode Island Department of Environmental Management (RI DEM)
submitted a negative declaration to the EPA on July 28, 2020 pursuant
to the requirements at 40 CFR 60.23a(b) and 62.06, certifying that
there are no existing source MSW landfills in the state subject to the
requirements of 40 CFR part 60, subpart Cf. RI DEM stated it only has
one operating landfill, which expanded its capacity and commenced
construction on the new phase in September 2014. The landfill satisfies
the definition of modification by commencing construction after July
17, 2014 and is therefore subject to Federal CAA landfill regulations
pursuant to subpart XXX.
III. Final Action
The EPA is approving the Maine and Rhode Island negative
declarations. These 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 source MSW landfills.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the Proposed Rules section of this
Federal Register publication, the EPA is publishing a separate document
that will serve as the proposal to approve the negative declarations
should relevant adverse comments be filed. This rule will be effective
April 12, 2021 without further notice unless the Agency receives
relevant adverse comments by March 15, 2021.
If the EPA receives such comments, we will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on April 12, 2021 and no further action will be
taken on the proposed rule. Please note that if the EPA receives
adverse comments on an amendment, paragraph, or section of this rule
and if that provision may be severed from the remainder of the rule,
the EPA may adopt as final those provisions of the
[[Page 9023]]
rule that are not the subject of adverse comments.
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, the 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 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 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 is not approved to apply on any Indian
reservation land or in any other area where the 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 and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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. The 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 12, 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 may not be challenged later in
proceedings to enforce its requirements (See section 307(b)(2)).
Parties with objections to this direct final rule are encouraged to
file a comment in response to the parallel notice of proposed
rulemaking for this action published in the Proposed Rules section of
this Federal Register, rather than file an immediate petition for
judicial review of this direct final rule, so that the EPA can withdraw
this direct final rule and address comment(s) in the final rulemaking.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: February 3, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
Part 62 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLAN 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 U--Maine
0
2. Add an undesignated center heading and Sec. 62.4995 to read as
follows:
Emissions From Existing Solid Waste Landfills
Sec. 62.4995 Identification of plan--negative declaration.
On March 11, 2020, the Maine Department of Environmental Protection
submitted a letter certifying no existing source Municipal Solid Waste
Landfills subject to 40 CFR part 60, subpart Cf, operate within the
State's jurisdiction.
Subpart OO--Rhode Island
0
3. Revise Sec. 62.9985 to read as follows:
Sec. 62.9985 Identification of plan--negative declaration.
On July 28, 2020, the Rhode Island Department of Environmental
Management submitted a letter certifying no existing source Municipal
Solid Waste Landfills subject to 40 CFR part 60, subpart Cf, operate
within the State's jurisdiction.
[FR Doc. 2021-02543 Filed 2-10-21; 8:45 am]
BILLING CODE 6560-50-P
