Rule2022-28154
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Arkansas; 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
December 29, 2022
Effective
January 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving the CAA section 111(d) state plan submitted by the State of Arkansas for sources subject to the Municipal Solid Waste (MSW) Landfills Emission Guidelines (EG). The Arkansas MSW landfills plan was submitted to fulfill the state's obligations under CAA section 111(d) to implement and enforce the requirements under the MSW Landfills EG. The EPA is approving the state plan and amending the agency regulations in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80074-80076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28154]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2022-0546; FRL-10189-02-R6]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Arkansas; Control of Emissions
From Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving the CAA section
111(d) state plan submitted by the State of Arkansas for sources
subject to the Municipal Solid Waste (MSW) Landfills Emission
Guidelines (EG). The Arkansas MSW landfills plan was submitted to
fulfill the state's obligations under CAA section 111(d) to implement
and enforce the requirements under the MSW Landfills EG. The EPA is
approving the state plan and amending the agency regulations in
accordance with the requirements of the CAA.
DATES: This rule is effective on January 30, 2023. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register January 30, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2022-0546. 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 is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6
Office, Air and Radiation Division--State Planning and Implementation
Branch, (214) 665-7346, <a href="/cdn-cgi/l/email-protection#cfbdbaaea1e2a3aaa6e1a4aebda0a3a6a1ae8faabfaee1a8a0b9"><span class="__cf_email__" data-cfemail="c5b7b0a4abe8a9a0acebaea4b7aaa9acaba485a0b5a4eba2aab3">[email protected]</span></a>. Out of an abundance
of caution for members of the public and our staff, the EPA Region 6
office may be closed to the public to reduce the risk of transmitting
COVID-19. Please call or email the contact listed above if you need
alternative access to material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
September 30, 2022 proposal (87 FR 59376) and accompanying Technical
Support Document (TSD). In that document we proposed to approve the
Arkansas MSW landfills plan submitted by the Arkansas Department of
Energy and Environment, Division of Environmental Quality (ADEQ) in
accordance with the requirements of section 111(d) of the CAA and to
amend 40 CFR part 62, subpart E, to codify EPA's approval. We proposed
to find that the Arkansas MSW landfills plan, submitted by ADEQ on June
20, 2022, and supplemented on August 24, 2022, and August 31, 2022, is
at least as protective as the Federal requirements provided under the
MSW landfills EG, codified at 40 CFR part 60, subpart Cf.
II. Response to Comments
We received one comment regarding our proposal. The comment and
response to the comment are provided below.
Comment: This is part of an assignment to practice using the
<a href="http://Regulations.gov">Regulations.gov</a> website. I chose to comment on this proposed rule
because I find environmental justice to be highly important. As stated
in the proposed rule, the emissions from landfill waste can be
hazardous and detrimental to the health of the community. For this
reason, the limiting of these emissions by regulations described in the
rule is of the utmost importance. Furthermore, because of the hazardous
nature of these emissions, it is crucial that the locations of the
landfills are properly considered, so as not to expose a densely
populated area, or an area populated largely by minority groups. The
figures presented in Table 1 are shocking for many reasons. The
relatively high percentiles that most of the landfills noted fall into
demonstrate a need for reduction, for the safety of the communities.
Furthermore, the discrepancies between different areas' landfills also
raises a concern for the health of each individual community, and
demonstrates a need for a more
[[Page 80075]]
equitable approach to environmental justice in Arkansas.
Response: We appreciate the commenter's statements, which provide
general support for regulations that reduce landfill emissions as well
as the commenter's perspectives regarding environmental justice.
However, the commenter's statements regarding the siting of landfills
and the need for a more equitable approach to environmental justice in
Arkansas are outside the scope of this rulemaking. This final action
approving the Arkansas MSW landfills plan concerns the regulation of
emissions from existing MSW landfills for which construction,
reconstruction, or modification was commenced on or before July 17,
2014. As discussed in the proposed rule, we believe that these
requirements for existing MSW landfills and resulting emissions
reductions have contributed to reduced environmental and health impacts
on all populations impacted by emissions from these sources in
Arkansas. Additionally, we would like to clarify that while we did
provide additional analysis of environmental justice associated with
this action in the proposed rule, this 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. As stated in
this final rule and the associated proposed rule, this rule finds that
the Arkansas MSW landfills plan is at least as protective as the
Federal requirements provided under the MSW landfills EG. EPA is
statutorily required to approve CAA section 111(d) plans that meet the
Federal criteria for approval. For more information, please see the
proposal and the accompanying TSD for the detailed basis and rationale
for this action.
III. Final Action
In this final action, the EPA is amending 40 CFR part 62, subpart
E, to reflect approval of the Arkansas MSW landfills plan from ADEQ,
received on June 20, 2022, and supplemented on August 24, 2022, and
August 31, 2022, in accordance with section 111(d) of the CAA.
IV. Environmental Justice Considerations
EPA provided additional analysis of environmental justice
associated with this action in our September 30, 2022 proposal (87 FR
59376) for the purpose of providing additional context and information
about this rulemaking to the public, not as a basis of the action.
These EG requirements implemented under the MSW Landfills Federal Plan
and now incorporated by Arkansas in its MSW landfills plan is designed
to result in significant emissions reductions for MSW landfills.\1\ As
discussed in the proposed action, we believe that these requirements
for existing MSW landfills and resulting emissions reductions have
climate benefits and have contributed to reduced environmental and
health impacts on all populations impacted by emissions from these
sources in Arkansas, including people of color and low-income
populations, and will continue to do so under Federal oversight. This
rule will not have disproportionately high or adverse human health or
environmental effects on communities with environmental justice
concerns because it is not anticipated to result in or contribute to
emissions increases in Arkansas.
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\1\ Described in the MSW landfill EG proposed and final rules
(80 FR 52100; 81 FR 59276).
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V. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, we are
finalizing regulatory text that includes the incorporation by reference
of Arkansas Pollution Control and Ecology Commission (APC&EC) Rule 19,
Chapter 17, adopted January 28, 2022, which is part of the CAA section
111(d) Plan applicable to existing MSW landfills subject to the MSW
Landfills Emission Guidelines, at 40 CFR part 60, subpart Cf, within
ADEQ's jurisdiction in the State of Arkansas. The regulatory provisions
of APC&EC Rule 19, Chapter 17 incorporate the MSW Landfills Emissions
Guidelines promulgated by the EPA at 40 CFR part 60, subpart Cf, and
establish emission standards and compliance times for the control of
municipal solid waste landfills, as defined in subpart Cf, that
commenced construction, modification, or reconstruction on or before
July 17, 2014. The EPA has made and will continue to make APC&EC Rule
19, Chapter 17, generally available at the EPA Region 6 office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). They are also available
at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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.
VI. 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 Act
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, subpart A. 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
Act and implementing regulations. 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 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, the CAA section 111(d) 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
[[Page 80076]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action is subject to the Congressional Review Act, 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).
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 27, 2023. 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, Waste treatment
and disposal.
Dated: December 21, 2022.
Earthea Nance,
Regional Administrator, Region 6.
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.
Subpart E--Arkansas
0
2. Amend Sec. 62.850 by adding paragraph (c)(3) to read as follows:
Sec. 62.850 Identification of plan.
* * * * *
(c) * * *
(3) Municipal solid waste landfills.
0
3. Add an undesignated center heading and Sec. 62.857 to read as
follows:
Emissions From Existing Municipal Solid Waste Landfills
Sec. 62.857 Identification of plan.
(a) Identification of plan. Control of air emissions from existing
municipal solid waste landfills, as adopted by the State of Arkansas on
January 28, 2022, and submitted on June 20, 2022, by the Governor in a
letter dated May 12, 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, as adopted by the State of
Arkansas on January 28, 2022, and submitted on June 20, 2022, applies
to existing municipal solid waste landfills subject to the Municipal
Solid Waste Landfills Emission Guidelines, at 40 CFR part 60, subpart
Cf, within its jurisdiction in the State of Arkansas.
(c) Effective Date. The effective date of the plan is January 30,
2023.
(d) Incorporation by reference. 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.
Copies of the material may be inspected or obtained from the EPA Region
6 office, 1201 Elm Street, Suite 500, Dallas, Texas 75270, 214-665-
2200. Copies may be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, visit: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>, or email: <a href="/cdn-cgi/l/email-protection#f19783df989f8281949285989e9fb19f908390df969e87"><span class="__cf_email__" data-cfemail="167064387f7865667375627f7978567877647738717960">[email protected]</span></a>. The material is
available from State of Arkansas, Office of the Secretary of State,
Arkansas Register, State Capitol, Room 026, Little Rock, AR 72201,
<a href="/cdn-cgi/l/email-protection#29485b4248475a485a5b4c4e405a5d4c5b695a465a07485b4248475a485a074e465f"><span class="__cf_email__" data-cfemail="6a0b18010b04190b19180f0d03191e0f182a190519440b18010b04190b19440d051c">[email protected]</span></a>, <a href="https://www.sos.arkansas.gov/rules-regulations/arkansas-register/">https://www.sos.arkansas.gov/rules-regulations/arkansas-register/</a>.
(1) APC&EC Rule No. 19 Chapter 17, Arkansas Pollution Control and
Ecology Commission Rule 19, Rules of the Arkansas Plan of
Implementation for Air Pollution Control, Chapter 17, 111(d)
Requirements for Landfills, adopted January 28, 2022.
(2) [Reserved]
[FR Doc. 2022-28154 Filed 12-28-22; 8:45 am]
BILLING CODE 6560-50-P
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