Approval and Promulgation of State Plans for Designated Facilities and Pollutants; South Dakota; Control of Emissions From Existing Municipal Solid Waste Landfills, 16538-16540 [2021-06360]
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16538
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Rules and Regulations
(4) Sacramento Metro AQMD (for
sources subject to a FIP, including
cogeneration and resource recovery
projects, projects with stack heights
greater than 65 meters or that use
‘‘dispersion techniques’’ as defined in
51.100 (which are major sources or
major modifications under 52.21), and
sources for which the EPA has issued
permits under 52.21 for which
applications were received by July 31,
1985, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any
other state to prevent significant
deterioration of air quality, only), and
(J).
(5) All areas in California that are
subject to the federal PSD program as
provided in 40 CFR 52.270 for sections
110(a)(2)(C), (D)(i)(II) (interfere with
measures in any other state to prevent
significant deterioration of air quality,
only), and (J), except for South Coast
AQMD where the federal PSD program
applies to all pollutants except
greenhouse gases.
(6) All areas in California that are
subject to the federal PSD program as
provided in 40 CFR 52.270 for sections
110(a)(2)(D)(ii) (with respect to section
126(a), only).
*
*
*
*
*
[FR Doc. 2021–06110 Filed 3–29–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R08–OAR–2020–0516; FRL–10020–
22–Region 8]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; South Dakota; 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 or the ‘‘Act’’) section 111(d)
state plan submitted by the South
Dakota Department of Environment and
Natural Resources (DENR or the
‘‘Department’’) on January 3, 2020. This
plan was submitted to fulfill the
requirements of the CAA and is
responsive to the EPA’s promulgation of
Emission Guidelines and Compliance
Times (EG) for existing municipal solid
waste (MSW) landfills. The South
Dakota state plan establishes
performance standards and operating
requirements for existing MSW landfills
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SUMMARY:
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within the State of South Dakota and
provides for the implementation and
enforcement of those standards and
requirements by the Department. The
EPA is taking this action pursuant to
requirements of the CAA.
DATES: This rule is effective on April 29,
2021. The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of April 29, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2020–0516. 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., 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:
Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–TRM, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129, (303)
312–6396, lohrke.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our October 29,
2020 proposed rule (85 FR 68538). In
that document we proposed to approve
the South Dakota state plan for existing
MSW landfills as it was submitted by
the Secretary of the South Dakota DENR
on January 3, 2020. Analysis of the
South Dakota state plan may be found
in the aforementioned proposed rule
and the technical support document
(TSD) associated with the docket for
today’s action.
We received comments from one
commenter during the public comment
period opened by the proposed rule.
Our response to the comments is
addressed in Section II. below.
II. Response to Comments
The proposed rule published in the
Federal Register at 85 FR 68538
received comments on Sections I and II
of the preamble of that publication. The
comments relevant to today’s action are
summarized here with the
corresponding Agency response.
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Fmt 4700
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Comment: On Section I of the
preamble of the proposed rule, the
commenter broadly questioned the
efficacy of both implementing the
standards and requirements of
‘‘outdated’’ EG finalized in 2016, and
the promulgation of two separate and
distinct emission standards—one for
new and another for existing facilities
within the same source category.
Response: The EPA is not statutorily
obligated to conduct review and
revision of EG for existing sources but
maintains the discretion to do so when
appropriate. Changes in best practices
and cost effectiveness of available
technology within the MSW landfill
industry since the original EG for MSW
landfills were promulgated in 1996
prompted the Agency to review those
standards and requirements. The review
of the 1996 EG allowed EPA to find that
a rule revision was appropriate and
would increase potential for emission
reductions at MSW landfills as well as
streamline implementation of
requirements and standards for landfill
owners and operators. Although the
standards and requirements
promulgated in 2016 are over four years
old at this point, these major revisions
to the EG for MSW landfills are
relatively new and reflect the
accumulation of industry developments
over a timeframe of 20 years. The EPA
is neither statutorily obligated, nor
capable, of revising EG at a pace faster
than the development of new, practical
control technologies or best practices in
emission reductions. Rather, the Agency
is constrained in its revision of EG by
the realities of what best system of
emissions reduction is available to the
regulated population, while taking into
account the cost and other limiting
factors affecting implementation of such
a system of reductions at designated
facilities.
The EPA differentiates regulations for
new and existing facilities of the same
source category under a similar logic.
CAA section 111 authorizes the EPA to
develop new source performance
standards (NSPS) and emission
guidelines for existing sources (EG).
This distinction in performance
standards for different source
populations acknowledges the reality
that the best system of emission
reduction reasonably available to newer
and older facilities may be different
when considering cost and
practicability of implementation.
Comment: The commenter desired a
more in-depth review of the regulated
facilities and the state plan submittal.
Response: The requested information
is available in associated documents
found in the docket for the proposed
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rule and today’s action. The docket,
including these supporting documents,
is reviewable through https://
www.regulations.gov.
This concludes our response to the
comments received. No changes have
been made to the proposed rule as a
result of the comments.
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III. Final Action
The EPA is finalizing approval of the
South Dakota section 111(d) state plan
for existing MSW landfills, submitted by
the South Dakota DENR on January 3,
2020, pursuant to 40 CFR part 60,
subparts B, Ba, and Cf. Therefore, the
EPA is amending 40 CFR part 62,
subpart QQ to reflect this approval
action. This approval is based on the
rationale provided in section II of the
proposed rule for this action (86 FR
68539) and discussed in detail in the
TSD associated with this rulemaking
action.1 The scope of this approval is
limited to the provisions of 40 CFR parts
60 and 62. The EPA’s proposed
approval of the South Dakota plan is
limited to those landfills that meet the
criteria established in 40 CFR part 60,
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).
IV. Incorporation by Reference
In accordance with the requirements
of 1 CFR 51.5, we are finalizing
regulatory text that includes the
incorporation by reference of section
74:36:01:19 and sections 74:36:07:94—
145 of the Administrative Rules of
South Dakota (ARSD) as effective on
November 25, 2019 which are part of
the CAA section 111(d) state plan
applicable to existing MSW landfills in
South Dakota. The regulatory provisions
of these sections of the ARSD
incorporate the required 111(d) state
plan elements required by the EG for
existing MSW landfills promulgated
found at 40 CFR part 60, subpart Cf and
establish emission standards and
compliance times for the control of
methane and other organic compounds
from certain MSW landfills that
commenced construction, modification,
or reconstruction on or before July 17,
2014. The emissions standards and
compliance times established within
these ARSD sections and the South
Dakota state plan are at least as stringent
as those required by the EG for existing
1 EPA Document ID No. EPA–R08–OAR–2020–
0516–0004, available at www.regulations.gov.
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15:52 Mar 29, 2021
Jkt 253001
MSW landfills. The EPA has made, and
will continue to make, ARSD sections
74:36:01:19 and 74:36:07:94—145 (as
well as the South Dakota 111(d) state
plan document for existing MSW
landfills) generally available
electronically through
www.regulations.gov, Docket No. EPA–
R06–OAR–2020–0516 and in hard copy
at the EPA Region 8 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
Under the Clean Air Act, the
Administrator is required to approve
section 111(d) state plan submissions
that comply with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7411(d); 40 CFR part 60,
subparts B and Cf; and 40 CFR part 62,
subpart A. Thus, in reviewing CAA
section 111(d) state plan submissions,
the EPA’s role is to approve state
choices, provided that they meet the
criteria of the Act and implementing
regulations. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because this action is not
significant under Executive Order
12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
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16539
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the CAA section 111(d)
Plans are not approved to apply in
Indian country, as defined at 18 U.S.C.
1151, located in the state. As such, this
rule does not have tribal implications,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), and
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 1, 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)).
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16540
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Rules and Regulations
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Landfills, Methane, Ozone, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: March 23, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 62 is amended 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.
nara.gov or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(b) State of South Dakota, Legislative
Research Council, 5007, 500 E Capitol
Ave. #3, Pierre, SD 57501, (605) 773–
3251, https://rules.sd.gov/;
Administrative Rules of South Dakota
(ARSD). Title 74 South Dakota
Department of Environment and Natural
Resources:
(1) 74:36:01:19 ARSD, Article 74:36—
Air Pollution Control Program, Chapter
01—Definitions, Section 19—Existing
municipal solid waste landfill defined,
effective November 25, 2019.
(2) 74:36:07:94 through 145 ARSD,
Article 74:36—Air Pollution Control
Program, Chapter 07—New Source
Performance Standards, Sections 94
through 145, effective November 25,
2019.
[FR Doc. 2021–06360 Filed 3–29–21; 8:45 am]
Subpart QQ—South Dakota
BILLING CODE 6560–50–P
2. Revise §§ 62.10350, 62.10351, and
62.10352 to read as follows:
■
§ 62.10350
Section 111(d) State Plan for Existing
Municipal Solid Waste Landfills and the
associated State regulations contained
in the Administrative Rules of South
Dakota (ARSD) at 74:36:01:19 and
74:36:07:94—145 ARSD (incorporated
by reference, see § 62.10353), submitted
by the State on January 3, 2020.
§ 62.10351
Identification of sources.
The plan applies to all existing
municipal solid waste landfills under
the jurisdiction of the South Dakota
Department of Environment and Natural
Resources for which construction,
reconstruction, or modification was
commenced on or before July 17, 2014,
and are subject to the requirements of 40
CFR part 60, subpart Cf.
§ 62.10352
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Incorporation by reference.
(a) The material incorporated by
reference in this subpart was approved
by the Director of the Federal Register
Office in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. The material
may be inspected or obtained from the
EPA Region 8 office, 1595 Wynkoop
Street, Denver, CO 80202–1129, 303–
312–6312 or from the other sources
listed in this section. It may also be
inspected 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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15:52 Mar 29, 2021
National Oceanic and Atmospheric
Administration
Management Areas
50 CFR Part 660
[Docket No. 200505–0127; RTID 0648–
XA944]
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial and Recreational Salmon
Fisheries; Inseason Actions #1
through #9
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2021
management measures.
AGENCY:
NMFS announces nine
inseason actions in the 2021 ocean
salmon fisheries. These inseason actions
modified the commercial and
recreational salmon fisheries in the area
from Cape Falcon, OR to Pigeon Point,
CA.
DATES: The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions.
SUMMARY:
Effective date.
The effective date of the plan for
existing municipal solid waste landfills
is April 29, 2021.
■ 3. Add § 62.10353 to read as follows:
§ 62.10353
DEPARTMENT OF COMMERCE
Identification of plan.
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FOR FURTHER INFORMATION CONTACT:
Christina Iverson at 360–742–2506,
Email: Christina.iverson@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
In the 2020 annual management
measures for ocean salmon fisheries (85
FR 27317, May 8, 2020), NMFS
announced management measures for
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Frm 00034
Fmt 4700
the commercial and recreational
fisheries in the area from U.S./Canada
border to the U.S./Mexico border,
effective from 0001 hours Pacific
Daylight Time (PDT), May 6, 2020, until
the effective date of the 2021
management measures, as published in
the Federal Register. NMFS is
authorized to implement inseason
management actions to modify fishing
seasons and quotas as necessary to
provide fishing opportunity while
meeting management objectives for the
affected species (50 CFR 660.409).
Inseason actions in the salmon fishery
may be taken directly by NMFS (50 CFR
660.409(a)—Fixed inseason
management provisions) or upon
consultation with the Chairman of the
Pacific Fishery Management Council
(Council) and the appropriate State
Directors (50 CFR 660.409(b)—Flexible
inseason management provisions). The
state management agencies that
participated in the consultations
described in this document were: The
Oregon Department of Fish and Wildlife
(ODFW) and the California Department
of Fish and Wildlife (CDFW).
Sfmt 4700
Management of the salmon fisheries is
generally divided into two geographic
areas: North of Cape Falcon (NOF)
(U.S./Canada border to Cape Falcon,
OR) and south of Cape Falcon (SOF)
(Cape Falcon, OR, to the U.S./Mexico
border). The actions described in this
document affected SOF fisheries as set
out under the heading Inseason Actions.
Reason and Authorization for Inseason
Actions #1–#9
The fisheries affected by the inseason
actions described below were
authorized in the final rule for 2020
annual management measures for ocean
salmon fisheries (85 FR 27317, May 8,
2020). At its March 2–11, 2021 meeting,
the Council’s Salmon Technical Team
(STT) presented updated stock
abundance forecasts for salmon stocks
managed under the Pacific Coast
Salmon Fishery Management Plan
(FMP). Based on the STT’s report, SOF
ocean salmon fisheries will be
constrained in 2021 by the low
abundance forecast for Klamath River
fall-run Chinook salmon (KRFC), which
was determined to be overfished under
the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) in 2018. The forecast of potential
spawner abundance for KRFC in 2021 is
42,098 natural area spawners; this is 31
percent of the average forecast of
potential KRFC spawners over the
previous 9 years (2012–2020).
E:\FR\FM\30MRR1.SGM
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Agencies
[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Rules and Regulations]
[Pages 16538-16540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06360]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R08-OAR-2020-0516; FRL-10020-22-Region 8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; South Dakota; 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 or the ``Act'') section 111(d) state plan submitted by the
South Dakota Department of Environment and Natural Resources (DENR or
the ``Department'') on January 3, 2020. This plan was submitted to
fulfill the requirements of the CAA and is responsive to the EPA's
promulgation of Emission Guidelines and Compliance Times (EG) for
existing municipal solid waste (MSW) landfills. The South Dakota state
plan establishes performance standards and operating requirements for
existing MSW landfills within the State of South Dakota and provides
for the implementation and enforcement of those standards and
requirements by the Department. The EPA is taking this action pursuant
to requirements of the CAA.
DATES: This rule is effective on April 29, 2021. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of April 29, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0516. 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., 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: Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-TRM, 1595 Wynkoop Street,
Denver, Colorado, 80202-1129, (303) 312-6396, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
October 29, 2020 proposed rule (85 FR 68538). In that document we
proposed to approve the South Dakota state plan for existing MSW
landfills as it was submitted by the Secretary of the South Dakota DENR
on January 3, 2020. Analysis of the South Dakota state plan may be
found in the aforementioned proposed rule and the technical support
document (TSD) associated with the docket for today's action.
We received comments from one commenter during the public comment
period opened by the proposed rule. Our response to the comments is
addressed in Section II. below.
II. Response to Comments
The proposed rule published in the Federal Register at 85 FR 68538
received comments on Sections I and II of the preamble of that
publication. The comments relevant to today's action are summarized
here with the corresponding Agency response.
Comment: On Section I of the preamble of the proposed rule, the
commenter broadly questioned the efficacy of both implementing the
standards and requirements of ``outdated'' EG finalized in 2016, and
the promulgation of two separate and distinct emission standards--one
for new and another for existing facilities within the same source
category.
Response: The EPA is not statutorily obligated to conduct review
and revision of EG for existing sources but maintains the discretion to
do so when appropriate. Changes in best practices and cost
effectiveness of available technology within the MSW landfill industry
since the original EG for MSW landfills were promulgated in 1996
prompted the Agency to review those standards and requirements. The
review of the 1996 EG allowed EPA to find that a rule revision was
appropriate and would increase potential for emission reductions at MSW
landfills as well as streamline implementation of requirements and
standards for landfill owners and operators. Although the standards and
requirements promulgated in 2016 are over four years old at this point,
these major revisions to the EG for MSW landfills are relatively new
and reflect the accumulation of industry developments over a timeframe
of 20 years. The EPA is neither statutorily obligated, nor capable, of
revising EG at a pace faster than the development of new, practical
control technologies or best practices in emission reductions. Rather,
the Agency is constrained in its revision of EG by the realities of
what best system of emissions reduction is available to the regulated
population, while taking into account the cost and other limiting
factors affecting implementation of such a system of reductions at
designated facilities.
The EPA differentiates regulations for new and existing facilities
of the same source category under a similar logic. CAA section 111
authorizes the EPA to develop new source performance standards (NSPS)
and emission guidelines for existing sources (EG). This distinction in
performance standards for different source populations acknowledges the
reality that the best system of emission reduction reasonably available
to newer and older facilities may be different when considering cost
and practicability of implementation.
Comment: The commenter desired a more in-depth review of the
regulated facilities and the state plan submittal.
Response: The requested information is available in associated
documents found in the docket for the proposed
[[Page 16539]]
rule and today's action. The docket, including these supporting
documents, is reviewable through https://www.regulations.gov.
This concludes our response to the comments received. No changes
have been made to the proposed rule as a result of the comments.
III. Final Action
The EPA is finalizing approval of the South Dakota section 111(d)
state plan for existing MSW landfills, submitted by the South Dakota
DENR on January 3, 2020, pursuant to 40 CFR part 60, subparts B, Ba,
and Cf. Therefore, the EPA is amending 40 CFR part 62, subpart QQ to
reflect this approval action. This approval is based on the rationale
provided in section II of the proposed rule for this action (86 FR
68539) and discussed in detail in the TSD associated with this
rulemaking action.\1\ The scope of this approval is limited to the
provisions of 40 CFR parts 60 and 62. The EPA's proposed approval of
the South Dakota plan is limited to those landfills that meet the
criteria established in 40 CFR part 60, subpart Cf.
---------------------------------------------------------------------------
\1\ EPA Document ID No. EPA-R08-OAR-2020-0516-0004, available at
www.regulations.gov.
---------------------------------------------------------------------------
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).
IV. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, we are
finalizing regulatory text that includes the incorporation by reference
of section 74:36:01:19 and sections 74:36:07:94--145 of the
Administrative Rules of South Dakota (ARSD) as effective on November
25, 2019 which are part of the CAA section 111(d) state plan applicable
to existing MSW landfills in South Dakota. The regulatory provisions of
these sections of the ARSD incorporate the required 111(d) state plan
elements required by the EG for existing MSW landfills promulgated
found at 40 CFR part 60, subpart Cf and establish emission standards
and compliance times for the control of methane and other organic
compounds from certain MSW landfills that commenced construction,
modification, or reconstruction on or before July 17, 2014. The
emissions standards and compliance times established within these ARSD
sections and the South Dakota state plan are at least as stringent as
those required by the EG for existing MSW landfills. The EPA has made,
and will continue to make, ARSD sections 74:36:01:19 and 74:36:07:94--
145 (as well as the South Dakota 111(d) state plan document for
existing MSW landfills) generally available electronically through
www.regulations.gov, Docket No. EPA-R06-OAR-2020-0516 and in hard copy
at the EPA Region 8 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
Under the Clean Air Act, the Administrator is required to approve
section 111(d) state plan submissions that comply with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40
CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in
reviewing CAA section 111(d) state plan submissions, the EPA's role is
to approve state choices, provided that they meet the criteria of the
Act and implementing regulations. Accordingly, this action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the CAA section 111(d) Plans are not approved to apply
in Indian country, as defined at 18 U.S.C. 1151, located in the state.
As such, this rule does not have tribal implications, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), and it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 1, 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)).
[[Page 16540]]
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Landfills, Methane, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 23, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 62 is amended 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 QQ--South Dakota
0
2. Revise Sec. Sec. 62.10350, 62.10351, and 62.10352 to read as
follows:
Sec. 62.10350 Identification of plan.
Section 111(d) State Plan for Existing Municipal Solid Waste
Landfills and the associated State regulations contained in the
Administrative Rules of South Dakota (ARSD) at 74:36:01:19 and
74:36:07:94--145 ARSD (incorporated by reference, see Sec. 62.10353),
submitted by the State on January 3, 2020.
Sec. 62.10351 Identification of sources.
The plan applies to all existing municipal solid waste landfills
under the jurisdiction of the South Dakota Department of Environment
and Natural Resources for which construction, reconstruction, or
modification was commenced on or before July 17, 2014, and are subject
to the requirements of 40 CFR part 60, subpart Cf.
Sec. 62.10352 Effective date.
The effective date of the plan for existing municipal solid waste
landfills is April 29, 2021.
0
3. Add Sec. 62.10353 to read as follows:
Sec. 62.10353 Incorporation by reference.
(a) The material incorporated by reference in this subpart was
approved by the Director of the Federal Register Office in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. The material may be inspected
or obtained from the EPA Region 8 office, 1595 Wynkoop Street, Denver,
CO 80202-1129, 303-312-6312 or from the other sources listed in this
section. It may also be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email [email protected] or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) State of South Dakota, Legislative Research Council, 5007, 500
E Capitol Ave. #3, Pierre, SD 57501, (605) 773-3251, https://rules.sd.gov/; Administrative Rules of South Dakota (ARSD). Title 74
South Dakota Department of Environment and Natural Resources:
(1) 74:36:01:19 ARSD, Article 74:36--Air Pollution Control Program,
Chapter 01--Definitions, Section 19--Existing municipal solid waste
landfill defined, effective November 25, 2019.
(2) 74:36:07:94 through 145 ARSD, Article 74:36--Air Pollution
Control Program, Chapter 07--New Source Performance Standards, Sections
94 through 145, effective November 25, 2019.
[FR Doc. 2021-06360 Filed 3-29-21; 8:45 am]
BILLING CODE 6560-50-P