Approval and Promulgation of Delegation of Authority for Designated Facilities and Pollutants; New Hampshire; Delegation of Authority, 66278-66280 [2023-20880]
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66278
Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations
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SMT-iLogic, a.k.a., the following two
aliases:
—SMT-iLogic, LLC; and
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Mineralnaya, Dom 13, Litera A,
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13 Litera A, Ind 15H, St. Petersburg,
19005, Russia; and Nepokorennykh
Avenue, 17, Building 4, B, Room 5–
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and Pao D. 2 Korp. 4 Str. 13 Of. 6,
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Supplement No. 7 to Part 744
[Amended]
ENVIRONMENTAL PROTECTION
AGENCY
3. Supplement no. 7 to part 744 is
amended under CHINA, PEOPLE’S
REPUBLIC OF by removing the entry for
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40 CFR Part 62
■
Thea D. Rozman Kendler,
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Administration.
[FR Doc. 2023–21080 Filed 9–25–23; 8:45 am]
BILLING CODE 3510–JT–P
See § 744.2(d) of the EAR
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[EPA–R01–OAR–52023–0305; FRL–11112–
02–R1]
Approval and Promulgation of
Delegation of Authority for Designated
Facilities and Pollutants; New
Hampshire; Delegation of Authority
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving delegation of
authority to the New Hampshire
Department of Environmental Services
(NHDES) for implementing and
SUMMARY:
VerDate Sep<11>2014
Federal Register citation
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New Era Enterprises FZE, Business
Center RAKEZ, Ras al Khaimah,
UAE.
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License
Requirement
Entity
16:31 Sep 26, 2023
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88 FR [INSERT FR PAGE
NUMBER] 9/27/2023.
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enforcing the Clean Air Act (CAA)
Federal Plan Requirements for
Municipal Solid Waste Landfills That
Commenced Construction on or Before
July 17, 2014, and Have Not Been
Modified or Reconstructed Since July
17, 2014. This action amends regulatory
text to promulgate the delegation of
authority and is taken in accordance
with the CAA.
This rule is effective on October
27, 2023.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2023–0305. 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, i.e., CBI or other
ADDRESSES:
E:\FR\FM\27SER1.SGM
27SER1
Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations
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 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,
and Indoor Programs Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, APTB05–2, Boston, MA
02109–0287. Telephone: 617–918–1652.
Fax: 617–918–0652 Email:
kilpatrick.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
ddrumheller on DSK120RN23PROD with RULES1
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On July 7, 2023, EPA published a
Notice of Proposed Rulemaking
(NPRM), which proposed to approve
delegation of authority to NHDES for
implementing and enforcing the Federal
Plan Requirements for Municipal Solid
Waste Landfills That Commenced
Construction On or Before July 17, 2014,
and Have Not Been Modified or
Reconstructed Since July 17, 2014, at 40
CFR part 62, subpart OOO. NHDES
submitted to EPA a formal request for
delegation of authority on February 6,
2023. The request letter included a
memorandum of agreement (MoA)
developed by NHDES and EPA, which
defines the policies, responsibilities,
and procedures NHDES and EPA will
abide by in administering the Federal
Plan requirements. The MoA was signed
by the NHDES Commissioner on
February 6, 2023 and the EPA Region 1
Deputy Regional Administrator on June
27, 2023. The NPRM informed the
public of the MoA, provided a copy of
the signed document, and proposed
amending associated regulatory text for
the delegation of authority. No
comments were received regarding the
proposed rulemaking.
This action amends regulatory text at
40 CFR part 62, subpart EE—New
VerDate Sep<11>2014
16:31 Sep 26, 2023
Jkt 259001
Hampshire to promulgate the delegation
of authority for existing municipal solid
waste landfills. The rationale for EPA’s
approval of the delegation of authority
is explained in the NPRM and will not
be restated here.
II. Final Action
EPA approves amending regulatory
text at § 62.7405 to promulgate the
delegation of authority to NHDES for
implementing and enforcing the Federal
Plan Requirements for Municipal Solid
Waste Landfills That Commenced
Construction On or Before July 17, 2014,
and Have Not Been Modified or
Reconstructed Since July 17, 2014, at 40
CFR part 62, subpart OOO.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator
has the authority to delegate the
authority to implement a 111(d)/129
Federal Plan that complies with the
provisions of the CAA and applicable
Federal regulations. See 40 CFR 60.27.
In reviewing 111(d)/129 Federal Plan
delegation requests, EPA’s role is to
approve state choices, provided that
they meet the criteria of the CAA and of
EPA’s implementing regulations.
Accordingly, this action merely codifies
in the Code of Federal Regulations
EPA’s delegation of authority to
implement the Federal Plan and does
not impose additional requirements
beyond those imposed by the alreadyapplicable Federal Plan. 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 (Public Law 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);
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66279
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this action does not apply
on any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. As such, it does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Industrial
facilities, Intergovernmental relations,
Methane, Reporting and recordkeeping
requirements, Waste treatment and
disposal.
Dated: September 18, 2023.
David Cash,
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 PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
■
2. Revise § 62.7405 to read as follows:
§ 62.7405 Identification of plan—
delegation of authority.
(a) Letter from the New Hampshire
Department of Environmental Services
(NHDES), submitted February 6, 2023,
requested delegation of authority from
EPA to implement and enforce the
Federal Plan Requirements for
Municipal Solid Waste Landfills That
Commenced Construction On or Before
July 17, 2014, and Have Not Been
Modified or Reconstructed Since July
17, 2014 (Existing MSW Landfills
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66280
Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations
Federal Plan) at Subpart OOO of this
part.
(b) Identification of sources. The
Existing MSW Landfills Federal Plan
applies to each municipal solid waste
landfill that meets the following criteria:
(1) Commenced construction,
reconstruction, or modification on or
before July 17, 2014.
(2) Accepted waste at any time since
November 8, 1987, or has additional
capacity for future waste deposition.
(c) On February 6, 2023, NHDES
Commissioner Robert R. Scott signed
the Memorandum of Agreement
Concerning the Delegation of Authority
of the Federal Plan for Existing
Municipal Solid Waste Landfills to the
New Hampshire Department of
Environmental Services by the United
States Environmental Protection
Agency. On June 27, 2023, Region 1
Deputy Regional Administrator Karen
McGuire signed the MoA.
(d) The delegation became fully
effective as of October 27, 2023.
[FR Doc. 2023–20880 Filed 9–26–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2021–0093;
FF09E22000 FXES1113090FEDR 234]
RIN 1018–BF56
Endangered and Threatened Wildlife
and Plants; Reclassification of the
Relict Darter From Endangered to
Threatened With a Section 4(d) Rule
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), reclassify the
relict darter (Etheostoma chienense)
from endangered to threatened under
the Endangered Species Act of 1973
(Act), as amended. The relict darter is a
fish species that occupies the Bayou de
Chien stream system in western
Kentucky. This action is based on a
thorough review of the best available
scientific and commercial information,
which indicates that relict darter is not
currently in danger of extinction
throughout all or a significant portion of
its range, but it is still likely to become
so in the foreseeable future. We are also
finalizing a rule under section 4(d) of
the Act that provides for the
conservation of the relict darter.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:31 Sep 26, 2023
Jkt 259001
DATES:
This rule is effective October 27,
2023.
Public comments and
materials we received, as well as
supporting documentation we used in
preparing this rule, are available for
public inspection at https://
www.regulations.gov at Docket No.
FWS–R4–ES–2021–0093.
FOR FURTHER INFORMATION CONTACT: Lee
Andrews, Field Supervisor, U.S. Fish
and Wildlife Service, Kentucky
Ecological Services Field Office, 330
West Broadway, Suite 265, Frankfort,
KY 40601; telephone 502–695–0468.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Executive Summary
Why we need to publish a rule. Under
the Act, a species warrants
reclassification from endangered to
threatened if it no longer meets the
definition of endangered (in danger of
extinction throughout all or a significant
portion of its range). We are
reclassifying the relict darter as a
threatened species (i.e., ‘‘downlisting’’
the species) because we have
determined it is not currently in danger
of extinction. Reclassifying a species
under the Act can only be accomplished
by issuing a rule through the
Administrative Procedure Act
rulemaking process (5 U.S.C. 551 et
seq.).
What this document does. This rule
reclassifies relict darter from an
endangered species to a threatened
species on the Federal List of
Endangered and Threatened Wildlife
(List), with a rule issued under section
4(d) of the Act, based on the species’
current status, which has been
improved through implementation of
conservation actions.
The basis for our action. Under the
Act, we may determine that a species is
an endangered or threatened species
because of any of five factors: (A) The
present or threatened destruction,
modification, or curtailment of its
habitat or range; (B) overutilization for
commercial, recreational, scientific, or
educational purposes; (C) disease or
predation; (D) the inadequacy of
existing regulatory mechanisms; or (E)
other natural or manmade factors
affecting its continued existence. Based
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on the status review, the current threats
analysis, and evaluation of conservation
measures, we conclude that the relict
darter no longer meets the Act’s
definition of an endangered species and
should be reclassified to a threatened
species. The species is no longer in
danger of extinction throughout all or a
significant portion of its range but is
likely to become so within the
foreseeable future.
We have determined that the relict
darter is a threatened species due to the
following threats:
• Habitat destruction and
modification caused by sedimentation,
stream channelization, removal of
riparian vegetation, drainage of riparian
wetlands, and point and nonpoint
source discharges (Factor A).
• Drought, accidental spills, and
other potential catastrophic events
(Factor E).
• Low genetic diversity resulting in
reduced adaptive capacity and the
inability to withstand stochastic
disturbances (Factor E).
• Effects from climate change that are
likely to exacerbate the impacts of
drought, hurricanes, and flooding
associated with storms and hurricanes
in the future (Factor E).
Section 4(d) rule. We are issuing a
rule under the authority of section 4(d)
of the Act (a ‘‘4(d) rule’’) for the relict
darter. The 4(d) rule specifically tailors
the incidental take exceptions for the
relict darter to provide protective
mechanisms to State and Federal
partners so that they may continue
certain activities that are not anticipated
to cause direct injury or mortality to the
relict darter. These activities will
facilitate the conservation and recovery
of the species through routine
enforcement, assisting sick or injured
fish, and the active habitat management
this species uniquely requires.
Previous Federal Actions
Please refer to the proposed
downlisting rule (87 FR 12056; March 3,
2022) for a detailed description of
previous Federal actions concerning the
relict darter.
Summary of Changes From the
Proposed Rule
In preparing this final rule, we
reviewed and fully considered all
comments we received during the
comment period from the peer
reviewers and the public on the
proposed rule to reclassify the relict
darter. Minor, nonsubstantive changes
and clarifications were made to the
species status assessment (SSA) report
and this document in response to
comments. In preparing this final rule,
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Agencies
[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Rules and Regulations]
[Pages 66278-66280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20880]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-52023-0305; FRL-11112-02-R1]
Approval and Promulgation of Delegation of Authority for
Designated Facilities and Pollutants; New Hampshire; Delegation of
Authority
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
delegation of authority to the New Hampshire Department of
Environmental Services (NHDES) for implementing and enforcing the Clean
Air Act (CAA) Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction on or Before July 17, 2014, and
Have Not Been Modified or Reconstructed Since July 17, 2014. This
action amends regulatory text to promulgate the delegation of authority
and is taken in accordance with the CAA.
DATES: This rule is effective on October 27, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2023-0305. 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, i.e., CBI or
other
[[Page 66279]]
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 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, and Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square,
APTB05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-918-
0652 Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On July 7, 2023, EPA published a Notice of Proposed Rulemaking
(NPRM), which proposed to approve delegation of authority to NHDES for
implementing and enforcing the Federal Plan Requirements for Municipal
Solid Waste Landfills That Commenced Construction On or Before July 17,
2014, and Have Not Been Modified or Reconstructed Since July 17, 2014,
at 40 CFR part 62, subpart OOO. NHDES submitted to EPA a formal request
for delegation of authority on February 6, 2023. The request letter
included a memorandum of agreement (MoA) developed by NHDES and EPA,
which defines the policies, responsibilities, and procedures NHDES and
EPA will abide by in administering the Federal Plan requirements. The
MoA was signed by the NHDES Commissioner on February 6, 2023 and the
EPA Region 1 Deputy Regional Administrator on June 27, 2023. The NPRM
informed the public of the MoA, provided a copy of the signed document,
and proposed amending associated regulatory text for the delegation of
authority. No comments were received regarding the proposed rulemaking.
This action amends regulatory text at 40 CFR part 62, subpart EE--
New Hampshire to promulgate the delegation of authority for existing
municipal solid waste landfills. The rationale for EPA's approval of
the delegation of authority is explained in the NPRM and will not be
restated here.
II. Final Action
EPA approves amending regulatory text at Sec. 62.7405 to
promulgate the delegation of authority to NHDES for implementing and
enforcing the Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction On or Before July 17, 2014, and
Have Not Been Modified or Reconstructed Since July 17, 2014, at 40 CFR
part 62, subpart OOO.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator has the authority to delegate the
authority to implement a 111(d)/129 Federal Plan that complies with the
provisions of the CAA and applicable Federal regulations. See 40 CFR
60.27. In reviewing 111(d)/129 Federal Plan delegation requests, EPA's
role is to approve state choices, provided that they meet the criteria
of the CAA and of EPA's implementing regulations. Accordingly, this
action merely codifies in the Code of Federal Regulations EPA's
delegation of authority to implement the Federal Plan and does not
impose additional requirements beyond those imposed by the already-
applicable Federal Plan. 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 (Public Law 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); and
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.
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this action does not apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. As such, it does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Industrial facilities, Intergovernmental
relations, Methane, Reporting and recordkeeping requirements, Waste
treatment and disposal.
Dated: September 18, 2023.
David Cash,
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 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 EE--New Hampshire
0
2. Revise Sec. 62.7405 to read as follows:
Sec. 62.7405 Identification of plan--delegation of authority.
(a) Letter from the New Hampshire Department of Environmental
Services (NHDES), submitted February 6, 2023, requested delegation of
authority from EPA to implement and enforce the Federal Plan
Requirements for Municipal Solid Waste Landfills That Commenced
Construction On or Before July 17, 2014, and Have Not Been Modified or
Reconstructed Since July 17, 2014 (Existing MSW Landfills
[[Page 66280]]
Federal Plan) at Subpart OOO of this part.
(b) Identification of sources. The Existing MSW Landfills Federal
Plan applies to each municipal solid waste landfill that meets the
following criteria:
(1) Commenced construction, reconstruction, or modification on or
before July 17, 2014.
(2) Accepted waste at any time since November 8, 1987, or has
additional capacity for future waste deposition.
(c) On February 6, 2023, NHDES Commissioner Robert R. Scott signed
the Memorandum of Agreement Concerning the Delegation of Authority of
the Federal Plan for Existing Municipal Solid Waste Landfills to the
New Hampshire Department of Environmental Services by the United States
Environmental Protection Agency. On June 27, 2023, Region 1 Deputy
Regional Administrator Karen McGuire signed the MoA.
(d) The delegation became fully effective as of October 27, 2023.
[FR Doc. 2023-20880 Filed 9-26-23; 8:45 am]
BILLING CODE 6560-50-P