Rule2022-17242
Florida; Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Control of Emissions From Existing Municipal Solid Waste Landfills
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2022
Effective
September 15, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a Clean Air Act (CAA) section 111(d) state plan submitted by the Florida Department of Environmental Protection (FDEP) on December 22, 2020, and supplemented on May 16, 2022. This state plan was submitted to fulfill the requirements of the CAA and is responsive to the EPA's promulgation of Emissions Guidelines (EG) and Compliance Times for municipal solid waste (MSW) landfills. The Florida 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.
Full Text
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<title>Federal Register, Volume 87 Issue 157 (Tuesday, August 16, 2022)</title>
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[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50269-50271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17242]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2021-0370; FRL-9092-02-R4]
Florida; 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) section 111(d) state plan submitted by the Florida
Department of Environmental Protection (FDEP) on December 22, 2020, and
supplemented on May 16, 2022. This state plan was submitted to fulfill
the requirements of the CAA and is responsive to the EPA's promulgation
of Emissions Guidelines (EG) and Compliance Times for municipal solid
waste (MSW) landfills. The Florida 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 September 15, 2022. The incorporation
by reference of certain material listed in the rule is approved by the
Director of the Federal Register as of September 15, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2021-0370. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Tracy Watson, Communities and Air
Toxics Section, Air Analysis and Support Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
St. SW, Atlanta, Georgia 30303. The telephone number is (404) 562-8998.
Mr. Watson can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#9ee9ffeaedf1f0b0f3ffecf7f1f0defbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="f88f998c8b9796d695998a919796b89d8899d69f978e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The EPA published a notice of proposed rulemaking (NPRM) for the
State of Florida on October 27, 2021 (86 FR 59336). In the NPRM, the
EPA proposed the approval of a CAA section 111(d) state plan submitted
by the FDEP on December 22, 2020. The EPA's analysis of the Florida
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 Florida state plan for existing MSW
landfills were due on or before November 26, 2021. The EPA received one
comment during the public comment period. The comment was unrelated to
the NPRM.
II. Final Action
The EPA is finalizing approval of Florida'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
[[Page 50270]]
amending 40 CFR part 62, subpart K, 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 Florida 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
Florida Administrative Code (F.A.C.) 62-204.800(9)(h), which became
effective in the State of Florida on October 8, 2021.\1\ The regulatory
provisions of this section of the F.A.C. incorporate the CAA 111(d)
state plan elements required by the EG for existing MSW landfills
promulgated at 40 CFR part 60, subpart Cf. 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. The
emissions standards and compliance times established within the Florida
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-2021-0370, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 and the plan is
federally enforceable under the CAA as of the effective date of this
final rulemaking.
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\1\ On May 16, 2022, FDEP submitted to EPA a request to
incorporate by reference F.A.C. 62-204.800(9)(h) with a state-
effective date of October 8, 2021, instead of the June 15, 2020,
version. The October 8, 2021, version includes the changes to the
state rules described in the November 26, 2021, NPRM, specifically
those outlined in the July 7, 2021, letter the FDEP sent to EPA
modifying its original plan. Since the October 8, 2021, state-
effective version encompasses those changes described in the NPRM
and no additional changes, EPA agrees to incorporate by reference
this version.
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IV. Statutory and Executive Order Reviews
In reviewing state plan submissions, the 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this approval of Florida'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 October 17, 2022. 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
Administrative practice and procedure, Air pollution control,
Environmental protection, Landfills, Incorporation by reference,
Intergovernmental relations, Methane, Ozone, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 5, 2022.
Daniel Blackman,
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.
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Subpart K--Florida
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2. Revising the undesignated heading preceding Sec. 62.2360 and Sec.
62.2360 to read as follows:
Emissions From Existing Municipal Solid Waste Landfills--Section 111(d)
Plan
Sec. 62.2360 Identification of sources.
(a) Identification of plan. Florida's State Plan for Existing
Municipal Solid Waste Landfills, as submitted on December 22, 2020, and
supplemented on May 16, 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 Florida 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 August 16,
2022.
(d) Incorporation by reference. (1) The material incorporated by
reference in this section was approved by the Director of the Federal
Register Office in accordance with 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,
email <a href="/cdn-cgi/l/email-protection#8ceafea2e5e2fffce9eff8e5e3e2cce2edfeeda2ebe3fa"><span class="__cf_email__" data-cfemail="0c6a7e2265627f7c696f786563624c626d7e6d226b637a">[email protected]</span></a> or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>. The material may be obtained from the
source in paragraph (d)(2) of this section.
(2) State of Florida--Department of State. R.A. Gray Building, 500
South Bronough Street, Tallahassee, FL 32399-0250; phone: (850) 245-
6270; email: <a href="/cdn-cgi/l/email-protection#bffedbd2d6d1d6cccbcddecbd6c9dafcd0dbdaffdbd0cc91d2c6d9d3d0cdd6dbde91dcd0d2"><span class="__cf_email__" data-cfemail="5c1d38313532352f282e3d28352a391f3338391c38332f7231253a30332e35383d723f3331">[email protected]</span></a>; website: <a href="https://flrules.org/">https://flrules.org/</a>.
(i) F.A.C. 62-204.800(9)(h), Florida Administrative Code (F.A.C.)
Department of Environmental Protection, Air Pollution Controls--General
Provisions, Federal Regulations Adopted by Reference, effective October
8, 2021.
(ii) [Reserved]
[FR Doc. 2022-17242 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P
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