South Carolina; Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Control of Emissions From Existing Municipal Solid Waste Landfills, 17759-17762 [2024-04942]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Rules and Regulations review by OMB under section 3(f) of Executive Order 12866, as amended by Executive Order 14094. We have also reviewed this regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866, as amended by Executive Order 14094. To the extent permitted by law, Executive Order 13563 requires that an agency— (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify); (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations; (3) In choosing among alternative regulatory approaches, select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and (5) Identify and assess available alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices. Executive Order 13563 also requires an agency ‘‘to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.’’ The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include ‘‘identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.’’ We are issuing these final priorities, requirements, and definitions only on a reasoned determination that their benefits would justify their costs. In choosing among alternative regulatory approaches, we selected those approaches that would maximize net benefits. Based on the analysis that follows, the Department believes that this regulatory action is consistent with the principles in Executive Order 13563. We also have determined that this regulatory action does not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions. VerDate Sep<11>2014 16:07 Mar 11, 2024 Jkt 262001 In accordance with these Executive orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs are those resulting from statutory requirements and those we have determined as necessary for administering the Department’s programs and activities. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Regulatory Flexibility Act Certification The Secretary certifies that these final priorities, requirements, and definitions would not have a significant economic impact on a substantial number of small entities. The small entities that this final regulatory action would affect are IHEs, or public or private entities with relevant experience and capacity, in consortia with LEAs or SEAs applying for and receiving funds under this program. The Secretary believes that the costs imposed on applicants by the final priorities, requirements, and definitions would be limited to paperwork burden related to preparing an application and that the benefits would outweigh any costs incurred by applicants. Participation in this program is voluntary. For this reason, the final priorities, requirements, and definitions would impose no burden on small entities in general. Eligible applicants would determine whether to apply for funds and can weigh the requirements for preparing applications, and any associated costs, against the likelihood of receiving funding and the requirements for implementing projects under the program. Eligible applicants most likely would apply only if they determine that the likely benefits exceed the costs of preparing an application. The likely benefits include the potential receipt of a grant as well as other benefits that may accrue to an entity through its development of an application, such as the use of that application to seek funding from other sources to address a shortage in bilingual or multilingual teachers working in a language instruction education program or serving ELs. PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 17759 Paperwork Reduction Act of 1995 These final priorities, requirements, and definitions do not contain any information collection requirements. Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Montserrat Garibay, Assistant Deputy Secretary and Director for the Office of English Language Acquisition. [FR Doc. 2024–05202 Filed 3–8–24; 8:45 am] BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R04–OAR–2022–0741; FRL–10507– 02–R4] South Carolina; 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) plan submitted by the South Carolina Department of Health and Environmental Control (SCDHEC) on January 19, 2022. This State plan was submitted to fulfill the requirements of SUMMARY: E:\FR\FM\12MRR1.SGM 12MRR1 17760 Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Rules and Regulations the CAA and is responsive to EPA’s promulgation of Emissions Guidelines (EG) and Compliance Times for municipal solid waste (MSW) landfills. The South Carolina 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 April 11, 2024. The incorporation by reference of certain material listed in the rule is approved by the Director of the Federal Register as of April 11, 2024. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R04–OAR–2022–0741. 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, Regulatory and Community 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: khammond on DSKJM1Z7X2PROD with RULES I. Background The EPA published a notice of proposed rulemaking (NPRM) for the State of South Carolina on February 14, 2023 (88 FR 9409). In the NPRM, the EPA proposed the approval of a CAA section 111(d) State plan submitted by the SCDHEC on January 19, 2022. The EPA’s analysis of the South Carolina 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 South Carolina State plan for existing MSW landfills were due on or before March 16, 2023. The EPA received no comments during the public comment period. VerDate Sep<11>2014 16:07 Mar 11, 2024 Jkt 262001 II. Final Action The EPA is finalizing approval of South Carolina’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 amending 40 CFR part 62, subpart PP 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 South Carolina 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 South Carolina Code Annotated Regulations (S.C. Code Ann. Regs.) 61–62.60, Subpart Cf, which became effective in the State of South Carolina on November 26, 2021. 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. S.C. Code Ann. Regs. 61–62.20, Subpart Cf provides details regarding South Carolina’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). The emissions standards and compliance times established within the South Carolina 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 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 available through the docket for this action, EPA–R04–OAR–2022–0741, 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 as of April 11, 2024, 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, 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 E:\FR\FM\12MRR1.SGM 12MRR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Rules and Regulations 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 do not result in disproportionate and adverse effects on people of color, low-income populations, and/or Indigenous peoples. 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 EJSCREEN did not identify any such communities surrounding the 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–2022– 0741. The EPA believes that this action is not likely to result in new 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 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. VerDate Sep<11>2014 16:07 Mar 11, 2024 Jkt 262001 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 South Carolina’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 May 13, 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, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Landfills, Methane, Ozone, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 17761 Date: March 1, 2024. Jeaneanne Gettle, Acting 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. 2. Revise § 62.10160 and the undesignated center heading above it to read as follows: ■ Emissions From Existing Municipal Solid Waste Landfills—Section 111(d) Plan § 62.10160 Identification of sources. (a) Identification of plan. South Carolina’s State Plan for Existing Municipal Solid Waste Landfills, as submitted on January 19, 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 South Carolina 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 April 11, 2024. (d) Incorporation by reference. Material listed in this paragraph (d) is incorporated by reference into this section with the approval of the Director of the Federal Register under 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, visit www.archives.gov/federal-register/ cfr/ibr-locations or email fr.inspection@ nara.gov. The material may be obtained from the State of South Carolina—The Legislative Council of the General Assembly, Office of the State Register, Fourth Floor, Rembert C. Dennis Building, 1000 Assembly Street, Columbia, SC 29201; phone: (803) 212– 4500; email: REG@scstatehouse.gov; website: https://www.scstatehouse.gov. (1) S.C. Code Ann. Regs. 61–62.60, Subpart Cf. South Carolina Code Annotated Regulations, Chapter 61— Department of Health and E:\FR\FM\12MRR1.SGM 12MRR1 17762 Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Rules and Regulations Environmental Control, 61–62—Air Pollution Control Regulations and Standards, 61–62.60—South Carolina Designated Facility Plan and New Source Performance Standards, subpart Cf—Performance Standards and Compliance Times for Existing Solid Waste Landfills, effective November 26, 2021. (2) [Reserved] [FR Doc. 2024–04942 Filed 3–11–24; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket Nos. 21–402, 02–278, 17–59; FCC 23–107; FR ID 207543] Targeting and Eliminating Unlawful Text Messages, Implementation of the Telephone Consumer Protection Act of 1991, Advanced Methods To Target and Eliminate Unlawful Robocalls; Correction Federal Communications Commission. ACTION: Final rule; correction. khammond on DSKJM1Z7X2PROD with RULES AGENCY: VerDate Sep<11>2014 16:07 Mar 11, 2024 Jkt 262001 On January 2, 2024, the Federal Communications Commission (Commission) published a final rule requiring terminating mobile wireless providers to block text messages from a particular number following notification from the Commission. The Commission also codified that the National Do-NotCall (DNC) Registry’s protections extend to text messages. An amendment in the final rule with a delayed effective date provided an incomplete revision of a certain paragraph. This document corrects that amendatory instruction. DATES: This correction is effective January 27, 2025. FOR FURTHER INFORMATION CONTACT: Jerusha Burnett of the Consumer Policy Division, Consumer and Governmental Affairs Bureau, at jerusha.burnett@ fcc.gov, 202 418–0526, or Mika Savir of the Consumer Policy Division, Consumer and Governmental Affairs Bureau, at mika.savir@fcc.gov or (202) 418–0384. SUPPLEMENTARY INFORMATION: In the final rule published January 26, 2024, the Commission amended 47 CFR 64.1200. One of the amendments revises paragraph (f)(9)(i), effective January 27, 2025. However, the instruction for the SUMMARY: PO 00000 Frm 00070 Fmt 4700 Sfmt 9990 revision incorrectly stated the entire paragraph (f)(9) is revised, which would result in the loss of paragraph (f)(9)(ii), as it was not provided in the revised text. The Commission did not intend to remove paragraph (f)(9)(ii), and this correction lists the specific revision to paragraph (f)(9). Correction In FR Rule Doc. No. 2023–28832 appearing on page 5098 in the Federal Register of Friday, January 26, 2024, the following correction is made: § 64.1200 [Corrected] 1. On page 5105, in the first column, in amendment 6, the instruction ‘‘Effective January 27, 2025, further amend § 64.1200 by revising paragraph (f)(9) to read as follows:’’ is corrected to read ‘‘Effective January 27, 2025, further amend § 64.1200 by revising paragraphs (f)(9) introductory text and (f)(9)(i) to read as follows:’’. ■ Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2024–05241 Filed 3–11–24; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Rules and Regulations]
[Pages 17759-17762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04942]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2022-0741; FRL-10507-02-R4]


South Carolina; 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.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean 
Air Act (CAA) plan submitted by the South Carolina Department of Health 
and Environmental Control (SCDHEC) on January 19, 2022. This State plan 
was submitted to fulfill the requirements of

[[Page 17760]]

the CAA and is responsive to EPA's promulgation of Emissions Guidelines 
(EG) and Compliance Times for municipal solid waste (MSW) landfills. 
The South Carolina 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 April 11, 2024. The incorporation by 
reference of certain material listed in the rule is approved by the 
Director of the Federal Register as of April 11, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R04-OAR-2022-0741. 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, Regulatory and Community 
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 South Carolina on February 14, 2023 (88 FR 9409). In the NPRM, 
the EPA proposed the approval of a CAA section 111(d) State plan 
submitted by the SCDHEC on January 19, 2022. The EPA's analysis of the 
South Carolina 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 South Carolina State 
plan for existing MSW landfills were due on or before March 16, 2023. 
The EPA received no comments during the public comment period.

II. Final Action

    The EPA is finalizing approval of South Carolina'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 amending 40 CFR part 62, subpart PP 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 South Carolina 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 
South Carolina Code Annotated Regulations (S.C. Code Ann. Regs.) 61-
62.60, Subpart Cf, which became effective in the State of South 
Carolina on November 26, 2021. 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. S.C. Code Ann. Regs. 61-
62.20, Subpart Cf provides details regarding South Carolina'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). The 
emissions standards and compliance times established within the South 
Carolina 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-2022-0741, 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 as of April 11, 
2024, 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, 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

[[Page 17761]]

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 do not result in disproportionate and 
adverse effects on people of color, low-income populations, and/or 
Indigenous peoples. 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 EJSCREEN did not identify any such communities surrounding 
the 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-2022-0741.
    The EPA believes that this action is not likely to result in new 
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 
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 South Carolina'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 May 13, 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, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Landfills, Methane, Ozone, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Date: March 1, 2024.
Jeaneanne Gettle,
Acting 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.


0
2. Revise Sec.  62.10160 and the undesignated center heading above it 
to read as follows:

Emissions From Existing Municipal Solid Waste Landfills--Section 111(d) 
Plan


Sec.  62.10160   Identification of sources.

    (a) Identification of plan. South Carolina's State Plan for 
Existing Municipal Solid Waste Landfills, as submitted on January 19, 
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 South Carolina 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 April 11, 
2024.
    (d) Incorporation by reference. Material listed in this paragraph 
(d) is incorporated by reference into this section with the approval of 
the Director of the Federal Register under 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, visit www.archives.gov/federal-register/cfr/ibr-locations or 
email [email protected]. The material may be obtained from the 
State of South Carolina--The Legislative Council of the General 
Assembly, Office of the State Register, Fourth Floor, Rembert C. Dennis 
Building, 1000 Assembly Street, Columbia, SC 29201; phone: (803) 212-
4500; email: [email protected]; website: https://www.scstatehouse.gov.
    (1) S.C. Code Ann. Regs. 61-62.60, Subpart Cf. South Carolina Code 
Annotated Regulations, Chapter 61--Department of Health and

[[Page 17762]]

Environmental Control, 61-62--Air Pollution Control Regulations and 
Standards, 61-62.60--South Carolina Designated Facility Plan and New 
Source Performance Standards, subpart Cf--Performance Standards and 
Compliance Times for Existing Solid Waste Landfills, effective November 
26, 2021.
    (2) [Reserved]

[FR Doc. 2024-04942 Filed 3-11-24; 8:45 am]
BILLING CODE 6560-50-P

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