Approval of State Plans for Designated Facilities and Pollutants; MO; Approval and Promulgation of Implementation Plans; Control of Emissions From Existing Municipal Solid Waste Landfills, 101481-101483 [2024-29404]
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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations
101481
EPA-APPROVED SOURCE-SPECIFIC REQUIREMENTS—Continued
Name of source
EPA approval date
Explanation
San Tan Transfer Station,
Facility ID F001645.
P0011602, conditions 37–
46.
3/06/2024
12/16/2024, [INSERT
FIRST PAGE OF FEDERAL REGISTER CITATION].
White Tanks Transfer Station, Facility ID F001646.
P0011603, conditions 33–
42.
3/06/2024
12/16/2024, [INSERT
FIRST PAGE OF FEDERAL REGISTER CITATION].
*
*
*
*
*
[FR Doc. 2024–28910 Filed 12–13–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R07–OAR–2023–0199; FRL–10830.1–
01–R7]
Approval of State Plans for Designated
Facilities and Pollutants; MO; Approval
and Promulgation of Implementation
Plans; 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 and two state rules
submitted by the Missouri Department
of Natural Resources (MoDNR) on July
25, 2022. This plan was submitted to
fulfill the state’s obligations under the
CAA to implement and enforce the
requirements of the Emissions
Guidelines and Compliance Times for
municipal solid waste (MSW) landfills.
This plan includes an inventory of
affected sources and explains how the
state rules fulfill the regulatory
requirements needed for EPA to approve
the plan.
DATES: This final rule is effective on
January 15, 2025. The incorporation by
reference of the publication listed in
this rule is approved by the Director of
the Federal Register as of January 15,
2025.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2023–0199. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
SUMMARY:
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Effective
date
Order/permit No.
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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 through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Allyson Prue, Environmental Protection
Agency, Region 7 Office, Air Permitting
and Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7277;
email address: prue.allyson@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. What is being addressed in this document?
III. The EPA’s Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Review
I. Background
On August 21, 2023, the EPA
proposed to approve Missouri’s
submitted section 111(d) State Plan with
two accompanying state rule revisions
and a SIP revision in the Federal
Register (88 FR 56787). The EPA
proposed to approve both the section
111(d) State Plan with two
accompanying state rule revisions and
SIP revision together. On February 16,
2024, the EPA finalized approval of the
SIP revision to 10 CSR 10–5.490
‘‘Municipal Solid Waste Landfills’’
(which covers the St. Louis area) into
Missouri’s SIP (89 FR 12244). In this
action, the EPA is finalizing approval of
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Permit issued by the Maricopa County
Air Quality Department. Submitted on
August 3, 2022.
Revised copy submitted on April 3,
2024, as an attachment to a letter
dated March 29, 2024.
Permit issued by the Maricopa County
Air Quality Department. Submitted on
August 3, 2022.
Revised copy submitted on April 3,
2024, as an attachment to a letter
dated March 29, 2024.
the section 111(d) State Plan and two
accompanying state rule revisions.
The proposed rule included
additional background information on
Missouri’s Municipal Solid Waste
Landfill Rule for the St. Louis Ozone
Nonattainment Area. The Technical
Support Document (TSD), located in the
docket for this rulemaking, includes the
summary and analysis of Missouri’s SIP
Revision. The EPA solicited comments
on the proposed approval of the
submission and received one comment.
II. What is being addressed in this
document?
EPA is approving Missouri’s section
111(d) State Plan for Existing MSW
Landfills (Missouri’s section 111(d)
State Plan) and two state rules
accompanying the plan pursuant to 40
CFR part 60, subparts B and Cf.
Missouri state rule 10 Code of State
Regulations (CSR) 10–6.310 ‘‘Restriction
of Emissions from Municipal Solid
Waste Landfills’’ (which covers all areas
of Missouri except St. Louis) and 10
CSR 10–5.490 ‘‘Municipal Solid Waste
Landfills’’ (which covers the St. Louis
area) provide the enforceable portion of
Missouri’s section 111(d) State Plan.
The state rules incorporate by reference
the federal plan located at 40 CFR part
62, subpart OOO as the underlying rule
which implements and enforces the
applicable provisions under the 2016
MSW landfill Emissions Guidelines at
40 CFR part 60, subpart Cf.
EPA’s detailed rationale and
discussion concerning Missouri’s
section 111(d) State Plan, including the
revisions to 10 CSR 10–6.310 and 10
CSR 10–5.490 can be found in the EPA
TSD, located in the docket for this
rulemaking.
III. The EPA’s Response to Comments
The public comment period on the
EPA’s proposed rule opened August 21,
2023 the date of its publication in the
Federal Register and closed on
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September 20, 2023. During this period,
EPA received one comment that was
supportive of EPA’s proposed action.
IV. What action is the EPA taking?
The EPA is taking final action to
approve Missouri’s section 111(d) plan
and the two state rules for MSW
landfills pursuant to 40 CFR part 60,
subparts B and Cf. Therefore, EPA
amends 40 CFR part 62, subpart AA, to
reflect this action. The EPA’s final
approval of Missouri’s section 111(d)
plan will result in the replacement of
the federal plan currently in place in the
State of Missouri.
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V. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Missouri state rules
10 CSR 10–5.490 and 10 CSR 10–6.310,
state effective date July 30, 2022, which
regulate municipal solid waste landfills.
EPA has made, and will continue to
make, these materials generally
available through the docket for this
action, EPA–R07–OAR–2023–0199, at
https://www.regulations.gov and at the
EPA Region 7 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Review
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, the EPA’s role is to
approve state choices provided that they
meet the minimum 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
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16:32 Dec 13, 2024
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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 section 111(d)
submission 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,
Feb. 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.’’
MoDNR did not evaluate
environmental justice considerations as
part of its 111(d) plan submittal; the
CAA and applicable implementing
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regulations neither prohibit nor require
such an evaluation. EPA did not
perform an EJ analysis and did not
consider EJ in this action. Due to the
nature of the action being taken here,
this action is expected to have a neutral
to positive impact on the air quality of
the affected area. Consideration of EJ is
not required as part of this action, and
there is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act (CRA), 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 14, 2025. 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,
Reporting and recordkeeping
requirements.
Dated: December 9, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
62 as set forth below:
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 AA—Missouri Air Emissions
From Existing Municipal Solid Waste
Landfills
■
2. Revise § 62.6357 to read as follows:
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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations
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§ 62.6357 Missouri Department of Natural
Resources.
(a) Identification of plan. Missouri
plan for control of landfill gas emissions
from existing municipal solid waste
landfills and associated state regulations
submitted on January 26, 1998, with
amendments on September 8, 2000,
February 9, 2012, and July 25, 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 all existing municipal solid
waste landfills for which construction,
reconstruction, or modification was
commenced before May 30, 1991, that
accepted waste at any time since
November 8, 1987, or that have
additional capacity available for future
waste deposition, and have design
capacities greater than 2.5 million
megagrams and nonmethane organic
emissions greater than 50 megagrams
per year, as described in 40 CFR part 60,
subpart Cc.
(c) Effective date. The effective date of
the plan for municipal solid waste
landfills is June 23, 1998. The
amendments are effective January 16,
2001, May 30, 2012, and January 15,
2025, respectively.
(d) Incorporation by reference. (1)
Certain material 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 incorporation
by reference material is available for
inspection at the Environmental
Protection Agency (EPA) and at the
National Archives and Records
Administration (NARA). Contact the
EPA Region 7 office, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7003;
email address: prue.allyson@epa.gov.
You may obtain copies from the EPA
Region 7 office or the EPA Docket
Center—Public Reading Room, EPA
West Building, Room 3334, 1301
Constitution Avenue NW, Washington,
DC 20004; telephone number: (202)
566–1744. For information on the
availability of this material at NARA,
visit https://www.archives.gov/federalregister/cfr/ibr-locations or email
fr.inspection@nara.gov. You may also
obtain this material from the source in
paragraph (d)(2) of this section.
(2) State of Missouri, 600 West Main
Street, Jefferson City, Missouri 65101;
telephone number: (573) 751–4015;
https://www.sos.mo.gov/adrules/csr/
current/10csr/10csr.asp#10-10.
(i) 10 CSR 10–5.490, Municipal Solid
Waste Landfills, effective July 30, 2022.
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(ii) 10 CSR 10–6.310, Restriction of
Emissions from Municipal Solid Waste
Landfills, effective July 30, 2022.
[FR Doc. 2024–29404 Filed 12–13–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R08–OAR–2024–0001; FRL–12469–
01–R8]
Denial of Request for Attainment Date
Extension, Finding of Failure To Attain,
and Reclassification of an Area in Utah
as Moderate for the 2015 Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is denying a request by
the State of Utah and the Ute Indian
Tribe for an extension of the attainment
date for the Uinta Basin, Utah Marginal
nonattainment area under the 2015
ozone National Ambient Air Quality
Standards (NAAQS). In addition, we are
determining that the area did not attain
the standard by the applicable
attainment date, and accordingly that
the area will be reclassified by operation
of law to ‘‘Moderate’’ nonattainment for
the 2015 ozone NAAQS on the effective
date of this final rule. With respect to
the Uinta Basin area, this action fulfills
the EPA’s obligation under the Clean
Air Act (CAA) to determine whether
ozone nonattainment areas attained the
NAAQS by the Marginal area attainment
date and to publish a document in the
Federal Register identifying each area
that is determined as having failed to
attain and identifying the
reclassification.
SUMMARY:
This rule is effective on January
15, 2025.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2024–0001. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, 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://
DATES:
PO 00000
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101483
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Amanda Brimmer, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–AQ–R, 1595 Wynkoop Street,
Denver, Colorado 80202–1129,
telephone number: (303) 312–6323,
email address: brimmer.amanda@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Overview of Action
The EPA is required to determine
whether areas designated nonattainment
for an ozone NAAQS attained the
standard by the applicable attainment
date, and to take certain steps for areas
that failed to attain (see CAA section
181(b)(2)). The EPA’s determination of
attainment for the 2015 ozone NAAQS
is based on a nonattainment area’s
design value (DV) as of the attainment
date.1
The 2015 ozone NAAQS is met at a
monitoring site when the DV does not
exceed 0.070 parts per million (ppm).
This action addresses the Uinta Basin
area in Utah, which includes portions of
Duchesne and Uintah Counties. The
Uinta Basin was initially classified as
Marginal for the 2015 ozone NAAQS
and received a 1-year extension of the
attainment date in 2022, making the
Marginal area attainment date for this
area August 3, 2022. As further
explained in the Response to Comment
document in the docket, in this action
we are denying a request for a second
1-year extension. Accordingly, the
applicable attainment date for the area
remains August 3, 2022. Because DVs
are based on the three most recent,
complete calendar years of data
preceding the attainment date,
attainment must occur no later than
December 31 of the year before the
attainment date (i.e., December 31,
2021, in the case of the Uinta Basin
Marginal nonattainment area for the
2015 ozone NAAQS). Accordingly, the
EPA’s determination for this area is
1 A DV is a statistic used to compare data
collected at an ambient air quality monitoring site
to the applicable NAAQS to determine compliance
with the standard. The data handling conventions
for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. The DV
for the 2015 ozone NAAQS is the 3-year average of
the annual fourth highest daily maximum 8-hour
average ozone concentration. The DV is calculated
for each air quality monitor in an area, and the DV
for an area is the highest DV among the individual
monitoring sites located in the area.
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]]>Agencies
[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101481-101483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29404]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R07-OAR-2023-0199; FRL-10830.1-01-R7]
Approval of State Plans for Designated Facilities and Pollutants;
MO; Approval and Promulgation of Implementation Plans; Control of
Emissions From Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean
Air Act (CAA) plan and two state rules submitted by the Missouri
Department of Natural Resources (MoDNR) on July 25, 2022. This plan was
submitted to fulfill the state's obligations under the CAA to implement
and enforce the requirements of the Emissions Guidelines and Compliance
Times for municipal solid waste (MSW) landfills. This plan includes an
inventory of affected sources and explains how the state rules fulfill
the regulatory requirements needed for EPA to approve the plan.
DATES: This final rule is effective on January 15, 2025. The
incorporation by reference of the publication listed in this rule is
approved by the Director of the Federal Register as of January 15,
2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0199. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e.,
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 information.
FOR FURTHER INFORMATION CONTACT: Allyson Prue, Environmental Protection
Agency, Region 7 Office, Air Permitting and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7277; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. Background
II. What is being addressed in this document?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Review
I. Background
On August 21, 2023, the EPA proposed to approve Missouri's
submitted section 111(d) State Plan with two accompanying state rule
revisions and a SIP revision in the Federal Register (88 FR 56787). The
EPA proposed to approve both the section 111(d) State Plan with two
accompanying state rule revisions and SIP revision together. On
February 16, 2024, the EPA finalized approval of the SIP revision to 10
CSR 10-5.490 ``Municipal Solid Waste Landfills'' (which covers the St.
Louis area) into Missouri's SIP (89 FR 12244). In this action, the EPA
is finalizing approval of the section 111(d) State Plan and two
accompanying state rule revisions.
The proposed rule included additional background information on
Missouri's Municipal Solid Waste Landfill Rule for the St. Louis Ozone
Nonattainment Area. The Technical Support Document (TSD), located in
the docket for this rulemaking, includes the summary and analysis of
Missouri's SIP Revision. The EPA solicited comments on the proposed
approval of the submission and received one comment.
II. What is being addressed in this document?
EPA is approving Missouri's section 111(d) State Plan for Existing
MSW Landfills (Missouri's section 111(d) State Plan) and two state
rules accompanying the plan pursuant to 40 CFR part 60, subparts B and
Cf. Missouri state rule 10 Code of State Regulations (CSR) 10-6.310
``Restriction of Emissions from Municipal Solid Waste Landfills''
(which covers all areas of Missouri except St. Louis) and 10 CSR 10-
5.490 ``Municipal Solid Waste Landfills'' (which covers the St. Louis
area) provide the enforceable portion of Missouri's section 111(d)
State Plan. The state rules incorporate by reference the federal plan
located at 40 CFR part 62, subpart OOO as the underlying rule which
implements and enforces the applicable provisions under the 2016 MSW
landfill Emissions Guidelines at 40 CFR part 60, subpart Cf.
EPA's detailed rationale and discussion concerning Missouri's
section 111(d) State Plan, including the revisions to 10 CSR 10-6.310
and 10 CSR 10-5.490 can be found in the EPA TSD, located in the docket
for this rulemaking.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened August
21, 2023 the date of its publication in the Federal Register and closed
on
[[Page 101482]]
September 20, 2023. During this period, EPA received one comment that
was supportive of EPA's proposed action.
IV. What action is the EPA taking?
The EPA is taking final action to approve Missouri's section 111(d)
plan and the two state rules for MSW landfills pursuant to 40 CFR part
60, subparts B and Cf. Therefore, EPA amends 40 CFR part 62, subpart
AA, to reflect this action. The EPA's final approval of Missouri's
section 111(d) plan will result in the replacement of the federal plan
currently in place in the State of Missouri.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Missouri
state rules 10 CSR 10-5.490 and 10 CSR 10-6.310, state effective date
July 30, 2022, which regulate municipal solid waste landfills. EPA has
made, and will continue to make, these materials generally available
through the docket for this action, EPA-R07-OAR-2023-0199, at https://www.regulations.gov and at the EPA Region 7 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VI. Statutory and Executive Order Review
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, the
EPA's role is to approve state choices provided that they meet the
minimum 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); 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 section 111(d) submission 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,
Feb. 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.''
MoDNR did not evaluate environmental justice considerations as part
of its 111(d) plan submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act (CRA), 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 14, 2025. 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, Reporting and recordkeeping requirements.
Dated: December 9, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR part
62 as set forth below:
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 AA--Missouri Air Emissions From Existing Municipal Solid
Waste Landfills
0
2. Revise Sec. 62.6357 to read as follows:
[[Page 101483]]
Sec. 62.6357 Missouri Department of Natural Resources.
(a) Identification of plan. Missouri plan for control of landfill
gas emissions from existing municipal solid waste landfills and
associated state regulations submitted on January 26, 1998, with
amendments on September 8, 2000, February 9, 2012, and July 25, 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 all existing
municipal solid waste landfills for which construction, reconstruction,
or modification was commenced before May 30, 1991, that accepted waste
at any time since November 8, 1987, or that have additional capacity
available for future waste deposition, and have design capacities
greater than 2.5 million megagrams and nonmethane organic emissions
greater than 50 megagrams per year, as described in 40 CFR part 60,
subpart Cc.
(c) Effective date. The effective date of the plan for municipal
solid waste landfills is June 23, 1998. The amendments are effective
January 16, 2001, May 30, 2012, and January 15, 2025, respectively.
(d) Incorporation by reference. (1) Certain material 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 incorporation by reference material is available for
inspection at the Environmental Protection Agency (EPA) and at the
National Archives and Records Administration (NARA). Contact the EPA
Region 7 office, 11201 Renner Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551-7003; email address: [email protected].
You may obtain copies from the EPA Region 7 office or the EPA Docket
Center--Public Reading Room, EPA West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004; telephone number: (202)
566-1744. For information on the availability of this material at NARA,
visit https://www.archives.gov/federal-register/cfr/ibr-locations or
email [email protected]. You may also obtain this material from
the source in paragraph (d)(2) of this section.
(2) State of Missouri, 600 West Main Street, Jefferson City,
Missouri 65101; telephone number: (573) 751-4015; https://www.sos.mo.gov/adrules/csr/current/10csr/10csr.asp#10-10.
(i) 10 CSR 10-5.490, Municipal Solid Waste Landfills, effective
July 30, 2022.
(ii) 10 CSR 10-6.310, Restriction of Emissions from Municipal Solid
Waste Landfills, effective July 30, 2022.
[FR Doc. 2024-29404 Filed 12-13-24; 8:45 am]
BILLING CODE 6560-50-P
