Air Plan Approval; Indiana; Municipal Solid Waste Landfill State Plan Approval for Designated Facilities and Pollutants, 85124-85126 [2023-26490]
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85124
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Rules and Regulations
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because this SIP disapproval does not
in-and-of itself create any new
regulations, but simply disapproves
certain pre-existing State requirements
for inclusion in the SIP.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
ddrumheller on DSK120RN23PROD with RULES1
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA performed an
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environmental justice analysis,
described in the section titled,
‘‘Environmental Justice Considerations’’
of the June 13, 2023 (88 FR 38448)
proposal. The analysis was done for the
purpose of providing additional context
and information about this rulemaking
to the public, not as a basis of the
action. Due to the nature of the action
being taken here, this final action is
expected to have a neutral to positive
impact on the air quality of the
previously designated Baton Rouge
ozone nonattainment area and its
Region of Influence. In addition, there is
no information in the record upon
which this final action is based
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This final action simply disapproves a
SIP submission as not meeting CAA
requirements for SIPs.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
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 February 5, 2024. 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
pertaining to the disapproval of
Louisiana’s November 20, 2016, and
June 9, 2017 SIP submittals may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 30, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023–26753 Filed 12–6–23; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2023–0283; FRL–11127–
02–R5]
Air Plan Approval; Indiana; Municipal
Solid Waste Landfill State Plan
Approval for Designated Facilities and
Pollutants
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Indiana’s
state plan to control air pollutants from
Municipal Solid Waste (MSW)
Landfills. The Indiana Department of
Environmental Management (IDEM)
submitted the state plan on March 20,
2023. The Indiana MSW landfill state
plan was submitted to fulfill the state’s
obligations under section 111(d) of the
Clean Air Act (CAA) to implement and
enforce the requirements under the
MSW Landfills Emission Guidelines
(EG). EPA is approving the state plan.
DATES: This final rule is effective on
January 8, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2023–0283. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., 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 either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Melissa
Hulting, Clean Air Strategies Section
Supervisor, at (312) 886–2265 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Margaret Sieffert, Clean Air Strategies
Section, Air Toxics Branch (AT–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–1151,
sieffert.margaret@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
SUMMARY:
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‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
ddrumheller on DSK120RN23PROD with RULES1
I. Background
IDEM initially submitted a MSW
landfill state plan on September 30,
1999. EPA approved the state plan, and
it became effective on May 30, 2000 (65
FR 1632). In order to fulfill obligations
under CAA section 111(d) to submit a
revised state plan to reflect amendments
to the MSW landfill EG at 40 CFR part
60, subpart Cf. IDEM submitted a
revised MSW landfill state plan on
March 20, 2023, 326 Indiana
Administrative Code (IAC) 8–8.2. In this
regulation, IDEM incorporated by
reference the Federal plan located at 40
CFR part 62, subpart OOO to use as the
underlying rule which implements and
enforces the applicable provisions
under the MSW landfill EG.
On July 19, 2023, EPA published a
proposed approval of Indiana’s MSW
landfill state plan (88 FR 46123). The
specific details of Indiana’s 111(d) state
plan submittal and the rationale for
EPA’s proposed approval are discussed
in the proposal and technical support
document and will not be restated here.
II. Response to Public Comments
EPA provided a 30-day review and
comment period for the July 19, 2023,
proposed rule. The comment period
ended on August 18, 2023. We received
one adverse comment. The comment is
summarized and addressed below.
Comment: The commenter states that
it is hard to determine what steps the
state is planning to take. The
commentor also asserts that the
specifics of the plan need to be
discussed in more detail explaining the
potential environmental impacts or
benefits of the implementation, and that
the proposal does not explain what will
be expected with this approval.
Response: After EGs are promulgated,
EPA or the state and local regulatory
agencies need a Federal plan
promulgated under 40 CFR part 62, or
a state plan approved under 40 CFR part
62 to implement and enforce the
requirements. Under CAA section 111,
EPA is authorized to transfer primary
implementation and enforcement
authority for most of the Federal
standards to state or local regulatory
agencies upon submittal of a state plan.
There are two methods for transferring
implementation and enforcement
authorities to state or local agencies: (1)
EPA approval of a state plan; and (2) a
Memorandum of Agreement between
EPA and the state which delegates the
authority to implement and enforce
certain portions of the Federal plan.
Both actions are approved in the
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Federal Register and codified into 40
CFR part 62.
Currently, the Federal plan located at
40 CFR part 62, subpart OOO applies to
all MSW landfills in Indiana that meet
the applicability requirements. Indiana
is seeking implementation and
enforcement authority through this CAA
section 111(d) state plan submittal. No
additional environmental impacts or
benefits will be expected beyond those
previously described in the Regulatory
Impact Analysis for the EG which can
be found in Docket ID EPA–HQ–OAR–
2014–0451. The docket can be found on
the www.regulations.gov web site. Upon
approval of this delegation, Indiana
becomes the primary implementation
and enforcement authority for the rule,
excluding those authorities specifically
retained by EPA.
III. Final Action
EPA is approving Indiana’s MSW
landfill state plan and amending 40 CFR
part 62 to reflect this approval. EPA
received Indiana’s MSW landfill state
plan on March 20, 2023. In this action,
EPA is finalizing its approval. EPA is
also revising 40 CFR part 63.3630,
62.3631, and 62.3632 to reflect these
changes.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a CAA section
111(d) submission that complies with
the provisions of the CAA and
applicable Federal regulations. 42
U.S.C. 7411(d); 42 U.S.C. 7429; 40 CFR
part 60, subparts B and Cf; and 40 CFR
part 62, subparts A and OOO. Thus, in
reviewing CAA section 111(d) state plan
submissions, 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) 14094 (88 FR 21879,
April 11, 2023);
• 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
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85125
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); 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.
In addition, the CAA 111(d) state plan
is not approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
EPA believes that this action is not
likely to change existing
disproportionate and adverse effects on
people of color, low-income populations
and/or Indigenous peoples. This action
approves IDEM’s rule to implement and
enforce EPA’s MSW landfill Federal
plan that has been in effect for MSW
landfills since June 21, 2021. EPA
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Rules and Regulations
previously conducted an EJ analysis as
part of the revised MSW landfill
regulations, and determined that the
MSW Federal plan increased the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health 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
under the Federal plan. The results of
the demographic analysis are presented
in the EJ Screening Report for Municipal
Solid Waste Landfills, July 2016, a copy
of which is available in the 2016 MSW
Landfills EG Docket (Docket ID Item No.
EPA–HQ–OAR–2014–0451–0223).
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 February 5, 2024. 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
ddrumheller on DSK120RN23PROD with RULES1
Environmental protection, Air
pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements, Waste treatment and
disposal.
Dated: November 21, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 40 CFR part 62 is
amended as follows:
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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 P—Indiana
2. Amend §§ 63.3630, 62.3631, and
62.3632 to read as follows:
*
*
*
*
*
■
§ 62.3630
Identification of plan.
On March 20, 2023, Indiana
submitted a revised CAA section 111(d)
state plan for implementing the revised
emission guidelines for Municipal Solid
Waste (MSW) Landfills. The enforceable
mechanism for this state plan is a state
rule codified in 326 Indiana
Administrative Code (IAC) 8–8.2. The
rule was adopted on September 14,
2022, and became effective on March
10, 2023.
§ 62.3631
Identification of sources.
The Indiana CAA section 111(d) state
plan for existing MSW landfills applies
to all MSW landfills for which
commenced construction on or before
July 17, 2014, and have not been
modified or reconstructed since July 17,
2014.
§ 62.3632
Effective Date.
The Federal effective date of the
Indiana CAA Section 111(d) state plan
for existing MSW landfills is January 8,
2024.
[FR Doc. 2023–26490 Filed 12–6–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 97
[WT Docket No. 16–239; FCC 23–93; FR ID
188673]
Amateur Radio Service Rules To
Permit Greater Flexibility in Data
Communications
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) amends its amateur radio
rules to eliminate the limitations on the
symbol rate (also known as baud rate)—
the rate at which the carrier waveform
amplitude, frequency, and/or phase is
varied to transmit information—
SUMMARY:
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applicable to data emissions in certain
amateur bands. In place of the baud rate,
the Commission sets a bandwidth
limitation of 2.8 kilohertz in the
respective amateur bands, consistent
with the Commission’s treatment of
other wireless radio services, which also
have service-specific bandwidth
limitations. This bandwidth limitation
will promote continued sharing in these
amateur bands.
DATES: Effective January 8, 2024.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Nellie Foosaner of
the Wireless Telecommunications
Bureau, Mobility Division, at (202) 418–
2925 or nellie.foosaner@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order, in
WT Docket No. 16–239; FCC 23–93,
adopted and released on November 13,
2023. The full text of this document is
available online at https://docs.fcc.gov/
public/attachments/FCC-23-93A1.pdf.
The Commission will send a copy of
this Order in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Synopsis
1. In this Report and Order, the
Commission removes limitations on the
symbol rate (also known as baud rate)—
the rate at which the carrier waveform
amplitude, frequency, and/or phase is
varied to transmit information—
applicable to data emissions in certain
amateur bands. The Commission
removes this outdated restriction to
allow the amateur radio community to
operate more efficiently, including in
support of emergency situations when
appropriate. Bands with a 300 baud rate
limitation that the Commission
eliminates in this Report and Order are:
160 meter band; 80 meter band; 40
meter band segments 7.000–7.100 MHz
and 7.100–7.125 MHz; 30 meter band;
20 meter band segment 14.00–14.15
MHz; 17 meter band segment 18.068–
18.110 MHz; 15 meter band segment
21.0–21.2 MHz; 12 meter band segment
24.89–24.93 MHz. The 10 meter band
segment 28.0–28.3 MHz has a 1200 baud
rate limitation that the Commission
eliminates in this Report and Order. The
Commission adopts a 2.8 kilohertz
bandwidth limitation in place of the
baud rate limitation applicable to the
following amateur radio bands: 160
meter band; 80 meter band; 40 meter
band, segments 7.000–7.100 MHz and
7.100–7.125 MHz; 30 meter band; 20
meter band, segment 14.00–14.15 MHz;
17 meter band, segment 18.068–18.110
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]]>Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Rules and Regulations]
[Pages 85124-85126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26490]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2023-0283; FRL-11127-02-R5]
Air Plan Approval; Indiana; Municipal Solid Waste Landfill State
Plan Approval for Designated Facilities and Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Indiana's state plan to control air pollutants from Municipal Solid
Waste (MSW) Landfills. The Indiana Department of Environmental
Management (IDEM) submitted the state plan on March 20, 2023. The
Indiana MSW landfill state plan was submitted to fulfill the state's
obligations under section 111(d) of the Clean Air Act (CAA) to
implement and enforce the requirements under the MSW Landfills Emission
Guidelines (EG). EPA is approving the state plan.
DATES: This final rule is effective on January 8, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2023-0283. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., 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 either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Melissa
Hulting, Clean Air Strategies Section Supervisor, at (312) 886-2265
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Clean Air
Strategies Section, Air Toxics Branch (AT-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-1151, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever
[[Page 85125]]
``we,'' ``us,'' or ``our'' is used, we mean EPA.
I. Background
IDEM initially submitted a MSW landfill state plan on September 30,
1999. EPA approved the state plan, and it became effective on May 30,
2000 (65 FR 1632). In order to fulfill obligations under CAA section
111(d) to submit a revised state plan to reflect amendments to the MSW
landfill EG at 40 CFR part 60, subpart Cf. IDEM submitted a revised MSW
landfill state plan on March 20, 2023, 326 Indiana Administrative Code
(IAC) 8-8.2. In this regulation, IDEM incorporated by reference the
Federal plan located at 40 CFR part 62, subpart OOO to use as the
underlying rule which implements and enforces the applicable provisions
under the MSW landfill EG.
On July 19, 2023, EPA published a proposed approval of Indiana's
MSW landfill state plan (88 FR 46123). The specific details of
Indiana's 111(d) state plan submittal and the rationale for EPA's
proposed approval are discussed in the proposal and technical support
document and will not be restated here.
II. Response to Public Comments
EPA provided a 30-day review and comment period for the July 19,
2023, proposed rule. The comment period ended on August 18, 2023. We
received one adverse comment. The comment is summarized and addressed
below.
Comment: The commenter states that it is hard to determine what
steps the state is planning to take. The commentor also asserts that
the specifics of the plan need to be discussed in more detail
explaining the potential environmental impacts or benefits of the
implementation, and that the proposal does not explain what will be
expected with this approval.
Response: After EGs are promulgated, EPA or the state and local
regulatory agencies need a Federal plan promulgated under 40 CFR part
62, or a state plan approved under 40 CFR part 62 to implement and
enforce the requirements. Under CAA section 111, EPA is authorized to
transfer primary implementation and enforcement authority for most of
the Federal standards to state or local regulatory agencies upon
submittal of a state plan. There are two methods for transferring
implementation and enforcement authorities to state or local agencies:
(1) EPA approval of a state plan; and (2) a Memorandum of Agreement
between EPA and the state which delegates the authority to implement
and enforce certain portions of the Federal plan. Both actions are
approved in the Federal Register and codified into 40 CFR part 62.
Currently, the Federal plan located at 40 CFR part 62, subpart OOO
applies to all MSW landfills in Indiana that meet the applicability
requirements. Indiana is seeking implementation and enforcement
authority through this CAA section 111(d) state plan submittal. No
additional environmental impacts or benefits will be expected beyond
those previously described in the Regulatory Impact Analysis for the EG
which can be found in Docket ID EPA-HQ-OAR-2014-0451. The docket can be
found on the www.regulations.gov web site. Upon approval of this
delegation, Indiana becomes the primary implementation and enforcement
authority for the rule, excluding those authorities specifically
retained by EPA.
III. Final Action
EPA is approving Indiana's MSW landfill state plan and amending 40
CFR part 62 to reflect this approval. EPA received Indiana's MSW
landfill state plan on March 20, 2023. In this action, EPA is
finalizing its approval. EPA is also revising 40 CFR part 63.3630,
62.3631, and 62.3632 to reflect these changes.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a CAA
section 111(d) submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 7429;
40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subparts A and
OOO. Thus, in reviewing CAA section 111(d) state plan submissions,
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) 14094 (88 FR 21879, April 11, 2023);
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); 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.
In addition, the CAA 111(d) state plan is not approved to apply on
any Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
EPA believes that this action is not likely to change existing
disproportionate and adverse effects on people of color, low-income
populations and/or Indigenous peoples. This action approves IDEM's rule
to implement and enforce EPA's MSW landfill Federal plan that has been
in effect for MSW landfills since June 21, 2021. EPA
[[Page 85126]]
previously conducted an EJ analysis as part of the revised MSW landfill
regulations, and determined that the MSW Federal plan increased the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health 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 under the
Federal plan. The results of the demographic analysis are presented in
the EJ Screening Report for Municipal Solid Waste Landfills, July 2016,
a copy of which is available in the 2016 MSW Landfills EG Docket
(Docket ID Item No. EPA-HQ-OAR-2014-0451-0223).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 February 5, 2024. 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
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, Waste treatment
and disposal.
Dated: November 21, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 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 P--Indiana
0
2. Amend Sec. Sec. 63.3630, 62.3631, and 62.3632 to read as follows:
* * * * *
Sec. 62.3630 Identification of plan.
On March 20, 2023, Indiana submitted a revised CAA section 111(d)
state plan for implementing the revised emission guidelines for
Municipal Solid Waste (MSW) Landfills. The enforceable mechanism for
this state plan is a state rule codified in 326 Indiana Administrative
Code (IAC) 8-8.2. The rule was adopted on September 14, 2022, and
became effective on March 10, 2023.
Sec. 62.3631 Identification of sources.
The Indiana CAA section 111(d) state plan for existing MSW
landfills applies to all MSW landfills for which commenced construction
on or before July 17, 2014, and have not been modified or reconstructed
since July 17, 2014.
Sec. 62.3632 Effective Date.
The Federal effective date of the Indiana CAA Section 111(d) state
plan for existing MSW landfills is January 8, 2024.
[FR Doc. 2023-26490 Filed 12-6-23; 8:45 am]
BILLING CODE 6560-50-P
