Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Alabama; Control of Emissions From Existing Municipal Solid Waste Landfills, 77542-77544 [2023-24959]
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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules
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Issued on October 31, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–24566 Filed 11–9–23; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R04–OAR–2023–0048; FRL–10936–
01–R4]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Alabama; Control of
Emissions From Existing Municipal
Solid Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
Clean Air Act (CAA) section 111(d) plan
submitted by the Alabama Department
of Environmental Management (ADEM)
on October 18, 2021. This state plan was
submitted to fulfill the requirements of
the CAA and is responsive to EPA’s
promulgation of Emissions Guidelines
and Compliance Times for municipal
solid waste (MSW) landfills. The
Alabama state plan establishes emission
limits for existing MSW landfills and
provides for the implementation and
enforcement of those standards and
requirements.
DATES: Written comments must be
received on or before December 13,
2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2023–0048 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
SUMMARY:
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EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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 watson.marion@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2016, EPA finalized
revised Standards of Performance for
new MSW landfills and Emission
Guidelines and Compliance Times for
existing MSW landfills in 40 CFR part
60, subpart XXX and Cf, respectively (81
FR 59332 and 81 FR 59276). These
actions were taken in accordance with
section 111 of the CAA.
Section 111(d) of the CAA requires
EPA to establish a procedure for a state
to submit a plan to EPA which
establishes standards of performance for
any existing source of any air pollutant:
(1) For which air quality criteria have
not been issued or which is not
included on a list published under CAA
section 108 or emitted from a source
category which is regulated under CAA
section 112, but (2) to which a standard
of performance under CAA section 111
would apply if such existing source
were a new source. EPA established
these requirements for state plan
submittals in 40 CFR part 60, subpart B.
State submittals under CAA sections
111(d) must be consistent with the
relevant emission guidelines, in this
instance 40 CFR part 60, subpart Cf, and
the requirements of 40 CFR part 60,
subpart B and 40 CFR part 62, subpart
A. If the state plan is complete and
approvable with reference to these
requirements, EPA notifies the public,
promulgates the plan pursuant to 40
CFR part 62, and delegates
implementation and enforcement of the
standards and requirements of the
emission guidelines to the state under
the terms of the state plan as published
in the CFR.
On October 18, 2021, the ADEM
submitted to EPA a formal section
111(d) plan for existing MSW landfills.
The section 111(d) plan was submitted
in response to the August 29, 2016,
promulgation, and the March 26, 2020,
subsequent amendments, of the
emission guidelines requirements for
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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules
MSW landfills, 40 CFR part 60, Cf (81
FR 59276 and 85 FR 17244,
respectively).
II. Summary and Analysis of the Plan
Submittal
EPA has reviewed the Alabama
section 111(d) plan submittal in the
context of the plan completeness and
approvability requirements of 40 CFR
part 60, subparts B and Cf, and 40 CFR
part 62, subpart A. EPA is proposing to
determine that the submitted section
111(d) plan meets the above cited
requirements. The Alabama state plan
submittal package includes all materials
necessary to be deemed administratively
and technically complete according to
the criteria of 40 CFR 60.27. Included
within the section 111(d) plan are
regulations under the ADEM
Administrative Code specifically,
ADEM Administrative Code Rule 335–
3–19—‘‘Control of Municipal Solid
Waste Landfill Gas Emissions.’’
Alabama houses its implementation and
enforcement authority for the state plan
requirements in this regulation. In this
action, EPA is proposing to incorporate
by reference ADEM Administrative
Code Rule 335–3–19, which became
effective in the State of Alabama on
December 13, 2021. A detailed
explanation of the rationale behind this
proposed approval is available in the
Technical Support Document (TSD)
included in the docket for this action.
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III. Proposed Action
EPA is proposing to approve the
Alabama section 111(d) plan for MSW
landfills pursuant to 40 CFR part 60,
subparts B and Cf. Therefore, EPA is
proposing to amend 40 CFR part 62,
subpart B to reflect this action. This
approval is based on the rationale
previously discussed and discussed in
further detail in the TSD associated with
this action.
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 this document, EPA is proposing to
include regulatory text that incorporates
by reference the state plan. In
accordance with requirements of 1 CFR
51.5, EPA is proposing to incorporate by
reference ADEM Administrative Code
Rule 335–3–19, which became effective
in the State of Alabama on December 13,
2021. ADEM Administrative Code Rule
335–3–19 provides details regarding
Alabama’s adoption of the applicability
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provisions, compliance times, emission
guidelines, operational standards, test
methods, compliance provisions,
monitoring requirements, reporting
guidelines, recordkeeping guidelines,
specifications for active landfill gas
collection systems and definitions
contained in EPA’s emission guidelines
for existing municipal solid waste
landfills (40 CFR part 60, subpart Cf).
EPA has made, and will continue to
make, these materials generally
available through the docket for this
action, EPA–R04–OAR–2023–0048, at
https://www.regulations.gov and at EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
In reviewing state plan submissions,
EPA’s role is to approve state choices,
provided 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
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77543
Executive Order 12898 (59 FR 7629),
February 16, 1994) directs Federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color and/or
Indigenous peoples) and low-income
populations.
The EPA believes that the human
health and environmental conditions
that exist prior to this action result in,
or have the potential to result in,
disproportionate and adverse human
health or environmental effects on
people of color, low-income
populations, and/or Indigenous peoples.
Certain areas of the State include
communities that are pollutionburdened and underserved according to
demographic data. EPA performed a
screening-level analysis using EPA’s
EJSCREEN to identify environmental
burdens and susceptible populations in
communities surrounding MSW landfill
facilities in the State. The results of the
demographic analysis are presented in
the EJ Screening Report for Municipal
Solid Waste Landfills, a copy of which
is available in the docket for this action,
Docket ID No. EPA–R04–EPA–2023–
0048.
The EPA believes that this action is
not likely to result in disproportionate
and adverse effects on people of color,
low-income populations, and/or
Indigenous peoples because the State
plan would reduce emissions of landfill
gas, which contains both nonmethane
organic compounds and methane.
Nonmethane organic compounds can
contain various organic hazardous air
pollutants (HAPs) and volatile organic
compounds (VOCs). Nearly 30 organic
HAPs have been identified in
uncontrolled landfill gas, with at least
one identified as a known human
carcinogen. VOC emissions are
precursors to particulate matter and
ozone formation, both of which are
associated with health effects such as
premature mortality for adults and
infants, cardiovascular morbidity such
as heart attacks, and respiratory
morbidity such as asthma attacks, acute
bronchitis, and other respiratory
symptoms. Additionally, the State plan
is expected to result in a reduction of
carbon dioxide due to reduced demand
by landfills for electricity from the grid,
as landfills will generate electricity from
landfill gas. These abated emissions will
improve air quality and reduce the
effects associated with exposure to
landfill gas emissions, protecting public
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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules
health and welfare. The EPA has
determined that this action increases the
level of environmental protection for all
affected populations without having any
disproportionately high and adverse
human health or income or
environmental effects on any
population, including any minority,
low-income, or Indigenous populations.
To the extent that any minority, lowincome, or Indigenous subpopulation is
disproportionately impacted by landfill
gas emissions due to the proximity of
their homes to sources of these
emissions, that subpopulation also
stands to see increased environmental
and health benefit from the emission
reductions called for by this action.
In addition, this proposed approval of
Alabama’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.
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: November 2, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023–24959 Filed 11–9–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2023–0455; FRL–11520–01–
OCSPP]
RIN 2070–ZA16
L-Lactic Acid; Proposed Tolerance
Actions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
VerDate Sep<11>2014
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Comments must be received on
or before January 12, 2024.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2023–0455, by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/where-sendcomments-epa-dockets.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Anita Pease, Antimicrobials Division
7510M, Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: 202–
566–0736; email address: pease.anita@
epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
EPA is proposing to remove a
duplicative exemption from the
requirement of a tolerance for residues
of L-lactic acid, herein referred to as
lactic acid, when applied to dairyprocessing equipment and foodprocessing equipment and utensils. In
SUMMARY:
addition, the Agency is proposing to
establish exemptions from the
requirement of a tolerance for residues
of lactic acid when used as a fruit and
vegetable wash in or on all raw
agricultural commodities, and for
indirect or inadvertent residues of lactic
acid in or on all livestock commodities,
when residues are present therein as a
result of animal drinking water coming
into contact with hard non-porous
surfaces treated with lactic acid (i.e.,
troughs). This rulemaking is proposed
on the Agency’s own initiative under
the Federal Food, Drug, and Cosmetic
Act (FFDCA), in order to implement the
tolerance actions EPA identified during
its review of this chemical as part of the
Agency’s registration review program
under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA).
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
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list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Animal production (NAICS code 112)
• Food manufacturing (NAICS code
311)
• Pesticide manufacturing (NAICS code
32532)
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
II. Background
A. What action is the Agency taking?
EPA is proposing the following
tolerance actions related to lactic acid:
• To remove the duplicative
exemption from the requirement of a
tolerance under 40 CFR 180.940(b) for
residues of lactic acid when applied to
dairy-processing equipment and foodprocessing equipment and utensils, as
these use sites are covered by the
exemption under 40 CFR 180.940(a)
(i.e., food-contact surfaces in public
eating places, dairy-processing
equipment, and food-processing
equipment and utensils).
• To establish exemptions from the
requirement of a tolerance under 40 CFR
180.1090 for residues of lactic acid
when used as a fruit and vegetable wash
in or on all raw agricultural
commodities, and for indirect or
inadvertent residues of lactic acid in or
on all livestock commodities, when
residues are present therein as a result
of animal drinking water coming into
contact with hard non-porous surfaces
treated with lactic acid (i.e., troughs).
EPA is proposing these exemptions to
cover residues of lactic acid that may be
found in food as a result of these uses.
EPA is proposing these tolerance
actions to implement the changes
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]]>Agencies
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Proposed Rules]
[Pages 77542-77544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24959]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2023-0048; FRL-10936-01-R4]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Alabama; Control of Emissions From Existing
Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Clean Air Act (CAA) section 111(d) plan submitted by the
Alabama Department of Environmental Management (ADEM) on October 18,
2021. This state plan was submitted to fulfill the requirements of the
CAA and is responsive to EPA's promulgation of Emissions Guidelines and
Compliance Times for municipal solid waste (MSW) landfills. The Alabama
state plan establishes emission limits for existing MSW landfills and
provides for the implementation and enforcement of those standards and
requirements.
DATES: Written comments must be received on or before December 13,
2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0048 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be confidential business information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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
On August 29, 2016, EPA finalized revised Standards of Performance
for new MSW landfills and Emission Guidelines and Compliance Times for
existing MSW landfills in 40 CFR part 60, subpart XXX and Cf,
respectively (81 FR 59332 and 81 FR 59276). These actions were taken in
accordance with section 111 of the CAA.
Section 111(d) of the CAA requires EPA to establish a procedure for
a state to submit a plan to EPA which establishes standards of
performance for any existing source of any air pollutant: (1) For which
air quality criteria have not been issued or which is not included on a
list published under CAA section 108 or emitted from a source category
which is regulated under CAA section 112, but (2) to which a standard
of performance under CAA section 111 would apply if such existing
source were a new source. EPA established these requirements for state
plan submittals in 40 CFR part 60, subpart B. State submittals under
CAA sections 111(d) must be consistent with the relevant emission
guidelines, in this instance 40 CFR part 60, subpart Cf, and the
requirements of 40 CFR part 60, subpart B and 40 CFR part 62, subpart
A. If the state plan is complete and approvable with reference to these
requirements, EPA notifies the public, promulgates the plan pursuant to
40 CFR part 62, and delegates implementation and enforcement of the
standards and requirements of the emission guidelines to the state
under the terms of the state plan as published in the CFR.
On October 18, 2021, the ADEM submitted to EPA a formal section
111(d) plan for existing MSW landfills. The section 111(d) plan was
submitted in response to the August 29, 2016, promulgation, and the
March 26, 2020, subsequent amendments, of the emission guidelines
requirements for
[[Page 77543]]
MSW landfills, 40 CFR part 60, Cf (81 FR 59276 and 85 FR 17244,
respectively).
II. Summary and Analysis of the Plan Submittal
EPA has reviewed the Alabama section 111(d) plan submittal in the
context of the plan completeness and approvability requirements of 40
CFR part 60, subparts B and Cf, and 40 CFR part 62, subpart A. EPA is
proposing to determine that the submitted section 111(d) plan meets the
above cited requirements. The Alabama state plan submittal package
includes all materials necessary to be deemed administratively and
technically complete according to the criteria of 40 CFR 60.27.
Included within the section 111(d) plan are regulations under the ADEM
Administrative Code specifically, ADEM Administrative Code Rule 335-3-
19--``Control of Municipal Solid Waste Landfill Gas Emissions.''
Alabama houses its implementation and enforcement authority for the
state plan requirements in this regulation. In this action, EPA is
proposing to incorporate by reference ADEM Administrative Code Rule
335-3-19, which became effective in the State of Alabama on December
13, 2021. A detailed explanation of the rationale behind this proposed
approval is available in the Technical Support Document (TSD) included
in the docket for this action.
III. Proposed Action
EPA is proposing to approve the Alabama section 111(d) plan for MSW
landfills pursuant to 40 CFR part 60, subparts B and Cf. Therefore, EPA
is proposing to amend 40 CFR part 62, subpart B to reflect this action.
This approval is based on the rationale previously discussed and
discussed in further detail in the TSD associated with this action.
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 this document, EPA is proposing to include regulatory text that
incorporates by reference the state plan. In accordance with
requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference ADEM Administrative Code Rule 335-3-19, which became
effective in the State of Alabama on December 13, 2021. ADEM
Administrative Code Rule 335-3-19 provides details regarding Alabama's
adoption of the applicability provisions, compliance times, emission
guidelines, operational standards, test methods, compliance provisions,
monitoring requirements, reporting guidelines, recordkeeping
guidelines, specifications for active landfill gas collection systems
and definitions contained in EPA's emission guidelines for existing
municipal solid waste landfills (40 CFR part 60, subpart Cf). EPA has
made, and will continue to make, these materials generally available
through the docket for this action, EPA-R04-OAR-2023-0048, at https://www.regulations.gov and at EPA Region 4 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information).
V. Statutory and Executive Order Reviews
In reviewing state plan submissions, EPA's role is to approve state
choices, provided 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
Executive Order 12898 (59 FR 7629), February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
The EPA believes that the human health and environmental conditions
that exist prior to this action result in, or have the potential to
result in, disproportionate and adverse human health or environmental
effects on people of color, low-income populations, and/or Indigenous
peoples. Certain areas of the State include communities that are
pollution-burdened and underserved according to demographic data. EPA
performed a screening-level analysis using EPA's EJSCREEN to identify
environmental burdens and susceptible populations in communities
surrounding MSW landfill facilities in the State. The results of the
demographic analysis are presented in the EJ Screening Report for
Municipal Solid Waste Landfills, a copy of which is available in the
docket for this action, Docket ID No. EPA-R04-EPA-2023-0048.
The EPA believes that this action is not likely to result in
disproportionate and adverse effects on people of color, low-income
populations, and/or Indigenous peoples because the State plan would
reduce emissions of landfill gas, which contains both nonmethane
organic compounds and methane. Nonmethane organic compounds can contain
various organic hazardous air pollutants (HAPs) and volatile organic
compounds (VOCs). Nearly 30 organic HAPs have been identified in
uncontrolled landfill gas, with at least one identified as a known
human carcinogen. VOC emissions are precursors to particulate matter
and ozone formation, both of which are associated with health effects
such as premature mortality for adults and infants, cardiovascular
morbidity such as heart attacks, and respiratory morbidity such as
asthma attacks, acute bronchitis, and other respiratory symptoms.
Additionally, the State plan is expected to result in a reduction of
carbon dioxide due to reduced demand by landfills for electricity from
the grid, as landfills will generate electricity from landfill gas.
These abated emissions will improve air quality and reduce the effects
associated with exposure to landfill gas emissions, protecting public
[[Page 77544]]
health and welfare. The EPA has determined that this action increases
the level of environmental protection for all affected populations
without having any disproportionately high and adverse human health or
income or environmental effects on any population, including any
minority, low-income, or Indigenous populations. To the extent that any
minority, low-income, or Indigenous subpopulation is disproportionately
impacted by landfill gas emissions due to the proximity of their homes
to sources of these emissions, that subpopulation also stands to see
increased environmental and health benefit from the emission reductions
called for by this action.
In addition, this proposed approval of Alabama'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.
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: November 2, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-24959 Filed 11-9-23; 8:45 am]
BILLING CODE 6560-50-P
