Florida; Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Control of Emissions From Existing Municipal Solid Waste Landfills, 50269-50271 [2022-17242]
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50269
Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart AA—Missouri
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
‘‘10–6.061’’ to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Dated: August 9, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
§ 52.1320
Authority: 42 U.S.C. 7401 et seq.
*
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
Title
State
effective
date
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
*
*
10–6.061 ................................................
*
*
*
*
Construction Permit
Exemptions.
*
*
*
*
BILLING CODE 6560–50–P
40 CFR Part 62
[EPA–R04–OAR–2021–0370; FRL–9092–02–
R4]
Florida; Approval and Promulgation of
State Plans for Designated Facilities
and Pollutants; Control of Emissions
From Existing Municipal Solid Waste
Landfills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a Clean Air
Act (CAA) section 111(d) state plan
submitted by the Florida Department of
Environmental Protection (FDEP) on
December 22, 2020, and supplemented
on May 16, 2022. This state plan was
submitted to fulfill the requirements of
the CAA and is responsive to the EPA’s
promulgation of Emissions Guidelines
(EG) and Compliance Times for
municipal solid waste (MSW) landfills.
The Florida state plan establishes
performance standards and other
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*
This rule is effective on
September 15, 2022. The incorporation
by reference of certain material listed in
the rule is approved by the Director of
the Federal Register as of September 15,
2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2021–0370. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information may not be 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:
Tracy Watson, Communities and Air
Toxics Section, Air Analysis and
Support Branch, Air and Radiation
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*
*
Sections
(3)(A)2.D.
and
(3)(A)2.E.(II)(c) are not SIPapproved.
*
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Sep<11>2014
*
8/16/2022, [Insert Federal
Register citation].
operating requirements for existing
MSW landfills and provides for the
implementation and enforcement of
those standards and requirements.
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[FR Doc. 2022–17570 Filed 8–15–22; 8:45 am]
SUMMARY:
*
9/30/2020
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Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth St. SW,
Atlanta, Georgia 30303. The telephone
number is (404) 562–8998. Mr. Watson
can also be reached via electronic mail
at watson.marion@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The EPA published a notice of
proposed rulemaking (NPRM) for the
State of Florida on October 27, 2021 (86
FR 59336). In the NPRM, the EPA
proposed the approval of a CAA section
111(d) state plan submitted by the FDEP
on December 22, 2020. The EPA’s
analysis of the Florida state plan may be
found in the aforementioned NPRM and
the technical support document (TSD)
associated with this docket. Comments
on the EPA’s proposed approval of the
Florida state plan for existing MSW
landfills were due on or before
November 26, 2021. The EPA received
one comment during the public
comment period. The comment was
unrelated to the NPRM.
II. Final Action
The EPA is finalizing approval of
Florida’s section 111(d) state plan for
MSW landfills. The state plan was
submitted in full compliance with the
requirements of 40 CFR part 60,
subparts B and Cf. Therefore, EPA is
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Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations
amending 40 CFR part 62, subpart K, to
reflect this approval action. This
approval is based on the rationale
provided in the NPRM and discussed in
further detail in the TSD associated with
this rulemaking. The EPA’s approval is
in accordance with the general
provisions of plan approval found in 40
CFR part 60, subpart B, and 40 CFR part
62, subpart A, and is pursuant to the
Agency’s role under 42 U.S.C. 7411(d).
The EPA’s approval of the Florida plan
is limited to those landfills that meet the
criteria established in 40 CFR part 60,
subpart Cf, and grants the state authority
to implement and enforce the
performance standards and source
requirements of the EG, except in those
cases where authorities are specifically
reserved for the EPA Administrator or
his designee. Authorities retained by the
EPA Administrator are those listed in 40
CFR 60.30f(c).
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III. Incorporation by Reference
In accordance with requirements of 1
CFR 51.5, the EPA is finalizing
regulatory text that includes
incorporation by reference of Florida
Administrative Code (F.A.C.) 62–
204.800(9)(h), which became effective in
the State of Florida on October 8, 2021.1
The regulatory provisions of this section
of the F.A.C. incorporate the CAA
111(d) state plan elements required by
the EG for existing MSW landfills
promulgated at 40 CFR part 60, subpart
Cf. This incorporation establishes
emission standards and compliance
times for the control of air pollutants
from certain MSW landfills that
commenced construction, modification,
or reconstruction on or before July 17,
2014. The emissions standards and
compliance times established within the
Florida state plan are at least as
stringent as those required by the EG for
existing MSW landfills subject to
subpart Cf. The EPA has made, and will
continue to make, these materials
generally available through the docket
for this action, EPA–R04–OAR–2021–
0370, at https://www.regulations.gov
and at the EPA Region 4 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
This incorporation by reference has
1 On May 16, 2022, FDEP submitted to EPA a
request to incorporate by reference F.A.C. 62–
204.800(9)(h) with a state-effective date of October
8, 2021, instead of the June 15, 2020, version. The
October 8, 2021, version includes the changes to the
state rules described in the November 26, 2021,
NPRM, specifically those outlined in the July 7,
2021, letter the FDEP sent to EPA modifying its
original plan. Since the October 8, 2021, stateeffective version encompasses those changes
described in the NPRM and no additional changes,
EPA agrees to incorporate by reference this version.
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been approved by the Office of the
Federal Register and the plan is
federally enforceable under the CAA as
of the effective date of this final
rulemaking.
IV. Statutory and Executive Order
Reviews
In reviewing state 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);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this approval of Florida’s
state plan for existing MSW landfills
does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the state plan is not approved to apply
in Indian country located in the state,
and the EPA notes that it will not
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 17, 2022. 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).
List of Subjects in 40 CFR Part 62
Administrative practice and
procedure, Air pollution control,
Environmental protection, Landfills,
Incorporation by reference,
Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 5, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 62 as
follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations
Subpart K—Florida
DEPARTMENT OF TRANSPORTATION
(c)(2) and restoring paragraphs (i) and
(ii).
2. Revising the undesignated heading
preceding § 62.2360 and § 62.2360 to
read as follows:
Pipeline and Hazardous Materials
Safety Administration
II. Regulatory Analyses and Notices
■
Emissions From Existing Municipal
Solid Waste Landfills—Section 111(d)
Plan
§ 62.2360
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50271
Identification of sources.
(a) Identification of plan. Florida’s
State Plan for Existing Municipal Solid
Waste Landfills, as submitted on
December 22, 2020, and supplemented
on May 16, 2022. The plan includes the
regulatory provisions cited in paragraph
(d) of this section, which EPA
incorporates by reference.
(b) Identification of sources. The plan
applies to each existing municipal solid
waste landfill in the State of Florida that
commenced construction on or before
July 17, 2014, as such landfills are
defined in 40 CFR 60.41f and 40 CFR
part 60.
(c) Effective date. The effective date of
the plan is August 16, 2022.
(d) Incorporation by reference. (1) The
material incorporated by reference in
this section was approved by the
Director of the Federal Register Office in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
available for inspection at the EPA and
at the National Archives and Records
Administration (NARA). Contact EPA
at: EPA Region 4 office, 61 Forsyth St.
SW, Atlanta, Georgia 30303, 404–562–
9900. For information on the availability
of this material at NARA, email
fr.inspection@nara.gov or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html. The material may be
obtained from the source in paragraph
(d)(2) of this section.
(2) State of Florida—Department of
State. R.A. Gray Building, 500 South
Bronough Street, Tallahassee, FL
32399–0250; phone: (850) 245–6270;
email: AdministrativeCode@
dos.myflorida.com; website: https://
flrules.org/.
(i) F.A.C. 62–204.800(9)(h), Florida
Administrative Code (F.A.C.)
Department of Environmental
Protection, Air Pollution Controls—
General Provisions, Federal Regulations
Adopted by Reference, effective October
8, 2021.
(ii) [Reserved]
[FR Doc. 2022–17242 Filed 8–15–22; 8:45 am]
49 CFR Part 173
[Docket No. PHMSA–2019–0030 (HM–215P)]
RIN 2137–AF46
Hazardous Materials: Harmonization
With International Standards;
Correction
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule; correction.
AGENCY:
The Pipeline and Hazardous
Materials Safety Administration is
correcting a final rule that was
published in the Federal Register on
July 26, 2022. The final rule was
published to maintain alignment with
international regulations and standards
by adopting various amendments,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements.
SUMMARY:
This correction is effective
August 25, 2022.
DATES:
FOR FURTHER INFORMATION CONTACT:
Candace Casey, Standards and
Rulemaking, Steven Andrews,
Standards and Rulemaking, or Aaron
Wiener, International Program, at (202)
366–8553, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, East Building,
2nd Floor, Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:
I. Background and Need for Technical
Correction
On July 26, 2022, PHMSA published
a final rule in the Federal Register
entitled ‘‘Hazardous Materials:
Harmonization with International
Standards.’’ 1 In the final rule, the
instructions for the revision of
§ 173.27(c) did not include the words
‘‘introductory text’’ and thus as written
the amendatory instruction 18 to
§ 173.27 inadvertently removed
paragraphs (i) and (ii) to paragraph
(c)(2). The publication of this final rule
correction is needed to ensure that
§ 173.27—which is effective August 25,
2022—continues to read as intended by
revising introductory text to paragraph
BILLING CODE 6560–50–P
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FR 44944 (July 26, 2022).
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A. Statutory/Legal Authority
Statutory authority for this notice’s
technical corrections to the final rule, as
with the final rule itself, is provided by
the Federal hazardous materials
transportation law (49 U.S.C. 5101 et
seq.). The Secretary delegated the
authority granted in the Federal
hazardous materials transportation law
to the PHMSA Administrator at 49 CFR
197(b).
PHMSA finds it has good cause to
make those clarification and technical
corrections without notice and comment
pursuant to Section 553(b) of the
Administrative Procedure Act (APA, 5
U.S.C. 551, et seq.). Section 553(b)(B) of
the APA provides that, when an agency
for good cause finds that notice and
public procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. As
explained above, the textual alterations
herein consist of a technical correction
to the amendatory instruction 18 to
§ 173.27 which inadvertently removed
paragraphs (i) and (ii) to paragraph
(c)(2). The publication of this final rule
correction is needed to ensure that
§ 173.27 continues to read as intended
by revising introductory text to
paragraph (c)(2) and restoring
paragraphs (i) and (ii); this technical
correction makes no substantive
changes to the final rule but merely
facilitate its implementation by
restoring the regulatory text. Because
the final rule is the product of an
extensive administrative record with
numerous opportunities—including
through written comments—for public
comment, PHMSA finds that additional
comment on the technical corrections
herein is unnecessary.
The August 25, 2022, effective date of
the revisions contained in this notice is
authorized under both Section 553(d)(1)
and (3) of the APA. Section 553(d)(1)
provides that a rule should take effect
‘‘not less than 30 days’’ after publication
in the Federal Register except for ‘‘a
substantive rule which grants or
recognizes an exemption or relieves a
restriction,’’ while Section 553(d)(3)
allows for earlier effectiveness for good
cause found by the agency and
published within the rule. 5 U.S.C.
553(d)(1), (3). ‘‘The purpose of the
thirty-day waiting period is to give
affected parties a reasonable time to
adjust their behavior before the final
rule takes effect.’’ Omnipoint Corp. v.
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]]>Agencies
[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50269-50271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17242]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2021-0370; FRL-9092-02-R4]
Florida; Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Control of Emissions From Existing Municipal
Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean
Air Act (CAA) section 111(d) state plan submitted by the Florida
Department of Environmental Protection (FDEP) on December 22, 2020, and
supplemented on May 16, 2022. This state plan was submitted to fulfill
the requirements of the CAA and is responsive to the EPA's promulgation
of Emissions Guidelines (EG) and Compliance Times for municipal solid
waste (MSW) landfills. The Florida state plan establishes performance
standards and other operating requirements for existing MSW landfills
and provides for the implementation and enforcement of those standards
and requirements.
DATES: This rule is effective on September 15, 2022. The incorporation
by reference of certain material listed in the rule is approved by the
Director of the Federal Register as of September 15, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2021-0370. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information may not be 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: Tracy Watson, Communities and Air
Toxics Section, Air Analysis and Support Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
St. SW, Atlanta, Georgia 30303. The telephone number is (404) 562-8998.
Mr. Watson can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The EPA published a notice of proposed rulemaking (NPRM) for the
State of Florida on October 27, 2021 (86 FR 59336). In the NPRM, the
EPA proposed the approval of a CAA section 111(d) state plan submitted
by the FDEP on December 22, 2020. The EPA's analysis of the Florida
state plan may be found in the aforementioned NPRM and the technical
support document (TSD) associated with this docket. Comments on the
EPA's proposed approval of the Florida state plan for existing MSW
landfills were due on or before November 26, 2021. The EPA received one
comment during the public comment period. The comment was unrelated to
the NPRM.
II. Final Action
The EPA is finalizing approval of Florida's section 111(d) state
plan for MSW landfills. The state plan was submitted in full compliance
with the requirements of 40 CFR part 60, subparts B and Cf. Therefore,
EPA is
[[Page 50270]]
amending 40 CFR part 62, subpart K, to reflect this approval action.
This approval is based on the rationale provided in the NPRM and
discussed in further detail in the TSD associated with this rulemaking.
The EPA's approval is in accordance with the general provisions of plan
approval found in 40 CFR part 60, subpart B, and 40 CFR part 62,
subpart A, and is pursuant to the Agency's role under 42 U.S.C.
7411(d). The EPA's approval of the Florida plan is limited to those
landfills that meet the criteria established in 40 CFR part 60, subpart
Cf, and grants the state authority to implement and enforce the
performance standards and source requirements of the EG, except in
those cases where authorities are specifically reserved for the EPA
Administrator or his designee. Authorities retained by the EPA
Administrator are those listed in 40 CFR 60.30f(c).
III. Incorporation by Reference
In accordance with requirements of 1 CFR 51.5, the EPA is
finalizing regulatory text that includes incorporation by reference of
Florida Administrative Code (F.A.C.) 62-204.800(9)(h), which became
effective in the State of Florida on October 8, 2021.\1\ The regulatory
provisions of this section of the F.A.C. incorporate the CAA 111(d)
state plan elements required by the EG for existing MSW landfills
promulgated at 40 CFR part 60, subpart Cf. This incorporation
establishes emission standards and compliance times for the control of
air pollutants from certain MSW landfills that commenced construction,
modification, or reconstruction on or before July 17, 2014. The
emissions standards and compliance times established within the Florida
state plan are at least as stringent as those required by the EG for
existing MSW landfills subject to subpart Cf. The EPA has made, and
will continue to make, these materials generally available through the
docket for this action, EPA-R04-OAR-2021-0370, at https://www.regulations.gov and at the EPA Region 4 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 plan is
federally enforceable under the CAA as of the effective date of this
final rulemaking.
---------------------------------------------------------------------------
\1\ On May 16, 2022, FDEP submitted to EPA a request to
incorporate by reference F.A.C. 62-204.800(9)(h) with a state-
effective date of October 8, 2021, instead of the June 15, 2020,
version. The October 8, 2021, version includes the changes to the
state rules described in the November 26, 2021, NPRM, specifically
those outlined in the July 7, 2021, letter the FDEP sent to EPA
modifying its original plan. Since the October 8, 2021, state-
effective version encompasses those changes described in the NPRM
and no additional changes, EPA agrees to incorporate by reference
this version.
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
In reviewing state 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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this approval of Florida's state plan for existing MSW
landfills does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the state plan is
not approved to apply in Indian country located in the state, and the
EPA notes that 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 17, 2022. 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).
List of Subjects in 40 CFR Part 62
Administrative practice and procedure, Air pollution control,
Environmental protection, Landfills, Incorporation by reference,
Intergovernmental relations, Methane, Ozone, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 5, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 50271]]
Subpart K--Florida
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2. Revising the undesignated heading preceding Sec. 62.2360 and Sec.
62.2360 to read as follows:
Emissions From Existing Municipal Solid Waste Landfills--Section 111(d)
Plan
Sec. 62.2360 Identification of sources.
(a) Identification of plan. Florida's State Plan for Existing
Municipal Solid Waste Landfills, as submitted on December 22, 2020, and
supplemented on May 16, 2022. The plan includes the regulatory
provisions cited in paragraph (d) of this section, which EPA
incorporates by reference.
(b) Identification of sources. The plan applies to each existing
municipal solid waste landfill in the State of Florida that commenced
construction on or before July 17, 2014, as such landfills are defined
in 40 CFR 60.41f and 40 CFR part 60.
(c) Effective date. The effective date of the plan is August 16,
2022.
(d) Incorporation by reference. (1) The material incorporated by
reference in this section was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
All approved material is available for inspection at the EPA and at the
National Archives and Records Administration (NARA). Contact EPA at:
EPA Region 4 office, 61 Forsyth St. SW, Atlanta, Georgia 30303, 404-
562-9900. 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. The material may be obtained from the
source in paragraph (d)(2) of this section.
(2) State of Florida--Department of State. R.A. Gray Building, 500
South Bronough Street, Tallahassee, FL 32399-0250; phone: (850) 245-
6270; email: [email protected]; website: https://flrules.org/.
(i) F.A.C. 62-204.800(9)(h), Florida Administrative Code (F.A.C.)
Department of Environmental Protection, Air Pollution Controls--General
Provisions, Federal Regulations Adopted by Reference, effective October
8, 2021.
(ii) [Reserved]
[FR Doc. 2022-17242 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P
