Rule2023-26490
Air Plan Approval; Indiana; Municipal Solid Waste Landfill State Plan Approval for Designated Facilities and Pollutants
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 7, 2023
Effective
January 8, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving Indiana's state plan to control air pollutants from Municipal Solid Waste (MSW) Landfills. The Indiana Department of Environmental Management (IDEM) submitted the state plan on March 20, 2023. The Indiana MSW landfill state plan was submitted to fulfill the state's obligations under section 111(d) of the Clean Air Act (CAA) to implement and enforce the requirements under the MSW Landfills Emission Guidelines (EG). EPA is approving the state plan.
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Rules and Regulations]
[Pages 85124-85126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26490]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2023-0283; FRL-11127-02-R5]
Air Plan Approval; Indiana; Municipal Solid Waste Landfill State
Plan Approval for Designated Facilities and Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
Indiana's state plan to control air pollutants from Municipal Solid
Waste (MSW) Landfills. The Indiana Department of Environmental
Management (IDEM) submitted the state plan on March 20, 2023. The
Indiana MSW landfill state plan was submitted to fulfill the state's
obligations under section 111(d) of the Clean Air Act (CAA) to
implement and enforce the requirements under the MSW Landfills Emission
Guidelines (EG). EPA is approving the state plan.
DATES: This final rule is effective on January 8, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2023-0283. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="http://www.regulations.gov">www.regulations.gov</a> or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Melissa
Hulting, Clean Air Strategies Section Supervisor, at (312) 886-2265
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Clean Air
Strategies Section, Air Toxics Branch (AT-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-1151, <a href="/cdn-cgi/l/email-protection#2d5e44484b4b485f5903404c5f4a4c5f48596d485d4c034a425b"><span class="__cf_email__" data-cfemail="75061c1013131007015b1814071214071001351005145b121a03">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever
[[Page 85125]]
``we,'' ``us,'' or ``our'' is used, we mean EPA.
I. Background
IDEM initially submitted a MSW landfill state plan on September 30,
1999. EPA approved the state plan, and it became effective on May 30,
2000 (65 FR 1632). In order to fulfill obligations under CAA section
111(d) to submit a revised state plan to reflect amendments to the MSW
landfill EG at 40 CFR part 60, subpart Cf. IDEM submitted a revised MSW
landfill state plan on March 20, 2023, 326 Indiana Administrative Code
(IAC) 8-8.2. In this regulation, IDEM incorporated by reference the
Federal plan located at 40 CFR part 62, subpart OOO to use as the
underlying rule which implements and enforces the applicable provisions
under the MSW landfill EG.
On July 19, 2023, EPA published a proposed approval of Indiana's
MSW landfill state plan (88 FR 46123). The specific details of
Indiana's 111(d) state plan submittal and the rationale for EPA's
proposed approval are discussed in the proposal and technical support
document and will not be restated here.
II. Response to Public Comments
EPA provided a 30-day review and comment period for the July 19,
2023, proposed rule. The comment period ended on August 18, 2023. We
received one adverse comment. The comment is summarized and addressed
below.
Comment: The commenter states that it is hard to determine what
steps the state is planning to take. The commentor also asserts that
the specifics of the plan need to be discussed in more detail
explaining the potential environmental impacts or benefits of the
implementation, and that the proposal does not explain what will be
expected with this approval.
Response: After EGs are promulgated, EPA or the state and local
regulatory agencies need a Federal plan promulgated under 40 CFR part
62, or a state plan approved under 40 CFR part 62 to implement and
enforce the requirements. Under CAA section 111, EPA is authorized to
transfer primary implementation and enforcement authority for most of
the Federal standards to state or local regulatory agencies upon
submittal of a state plan. There are two methods for transferring
implementation and enforcement authorities to state or local agencies:
(1) EPA approval of a state plan; and (2) a Memorandum of Agreement
between EPA and the state which delegates the authority to implement
and enforce certain portions of the Federal plan. Both actions are
approved in the Federal Register and codified into 40 CFR part 62.
Currently, the Federal plan located at 40 CFR part 62, subpart OOO
applies to all MSW landfills in Indiana that meet the applicability
requirements. Indiana is seeking implementation and enforcement
authority through this CAA section 111(d) state plan submittal. No
additional environmental impacts or benefits will be expected beyond
those previously described in the Regulatory Impact Analysis for the EG
which can be found in Docket ID EPA-HQ-OAR-2014-0451. The docket can be
found on the <a href="http://www.regulations.gov">www.regulations.gov</a> web site. Upon approval of this
delegation, Indiana becomes the primary implementation and enforcement
authority for the rule, excluding those authorities specifically
retained by EPA.
III. Final Action
EPA is approving Indiana's MSW landfill state plan and amending 40
CFR part 62 to reflect this approval. EPA received Indiana's MSW
landfill state plan on March 20, 2023. In this action, EPA is
finalizing its approval. EPA is also revising 40 CFR part 63.3630,
62.3631, and 62.3632 to reflect these changes.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a CAA
section 111(d) submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 7429;
40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subparts A and
OOO. Thus, in reviewing CAA section 111(d) state plan submissions,
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely approves state law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
<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) 14094 (88 FR 21879, April 11, 2023);
<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); and
<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.
In addition, the CAA 111(d) state plan is not approved to apply on
any Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
EPA believes that this action is not likely to change existing
disproportionate and adverse effects on people of color, low-income
populations and/or Indigenous peoples. This action approves IDEM's rule
to implement and enforce EPA's MSW landfill Federal plan that has been
in effect for MSW landfills since June 21, 2021. EPA
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previously conducted an EJ analysis as part of the revised MSW landfill
regulations, and determined that the MSW Federal plan increased the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority, low-
income, or indigenous populations. To the extent that any minority, low
income, or Indigenous subpopulation is disproportionately impacted by
landfill gas emissions due to the proximity of their homes to sources
of these emissions, that subpopulation also stands to see increased
environmental and health benefit from the emission reductions under the
Federal plan. The results of the demographic analysis are presented in
the EJ Screening Report for Municipal Solid Waste Landfills, July 2016,
a copy of which is available in the 2016 MSW Landfills EG Docket
(Docket ID Item No. EPA-HQ-OAR-2014-0451-0223).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 5, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, Waste treatment
and disposal.
Dated: November 21, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 62 is
amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
0
2. Amend Sec. Sec. 63.3630, 62.3631, and 62.3632 to read as follows:
* * * * *
Sec. 62.3630 Identification of plan.
On March 20, 2023, Indiana submitted a revised CAA section 111(d)
state plan for implementing the revised emission guidelines for
Municipal Solid Waste (MSW) Landfills. The enforceable mechanism for
this state plan is a state rule codified in 326 Indiana Administrative
Code (IAC) 8-8.2. The rule was adopted on September 14, 2022, and
became effective on March 10, 2023.
Sec. 62.3631 Identification of sources.
The Indiana CAA section 111(d) state plan for existing MSW
landfills applies to all MSW landfills for which commenced construction
on or before July 17, 2014, and have not been modified or reconstructed
since July 17, 2014.
Sec. 62.3632 Effective Date.
The Federal effective date of the Indiana CAA Section 111(d) state
plan for existing MSW landfills is January 8, 2024.
[FR Doc. 2023-26490 Filed 12-6-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 7, 2023.
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