
[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Rules and Regulations]
[Pages 66278-66280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20880]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-52023-0305; FRL-11112-02-R1]


Approval and Promulgation of Delegation of Authority for 
Designated Facilities and Pollutants; New Hampshire; Delegation of 
Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
delegation of authority to the New Hampshire Department of 
Environmental Services (NHDES) for implementing and enforcing the Clean 
Air Act (CAA) Federal Plan Requirements for Municipal Solid Waste 
Landfills That Commenced Construction on or Before July 17, 2014, and 
Have Not Been Modified or Reconstructed Since July 17, 2014. This 
action amends regulatory text to promulgate the delegation of authority 
and is taken in accordance with the CAA.

DATES: This rule is effective on October 27, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2023-0305. 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., CBI or 
other

[[Page 66279]]

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 at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, Air and Radiation Division, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that, if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Jessica Kilpatrick, Air Permits, 
Toxics, and Indoor Programs Branch, Air and Radiation Division, U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, 
APTB05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-918-
0652 Email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 7, 2023, EPA published a Notice of Proposed Rulemaking 
(NPRM), which proposed to approve delegation of authority to NHDES for 
implementing and enforcing the Federal Plan Requirements for Municipal 
Solid Waste Landfills That Commenced Construction On or Before July 17, 
2014, and Have Not Been Modified or Reconstructed Since July 17, 2014, 
at 40 CFR part 62, subpart OOO. NHDES submitted to EPA a formal request 
for delegation of authority on February 6, 2023. The request letter 
included a memorandum of agreement (MoA) developed by NHDES and EPA, 
which defines the policies, responsibilities, and procedures NHDES and 
EPA will abide by in administering the Federal Plan requirements. The 
MoA was signed by the NHDES Commissioner on February 6, 2023 and the 
EPA Region 1 Deputy Regional Administrator on June 27, 2023. The NPRM 
informed the public of the MoA, provided a copy of the signed document, 
and proposed amending associated regulatory text for the delegation of 
authority. No comments were received regarding the proposed rulemaking.
    This action amends regulatory text at 40 CFR part 62, subpart EE--
New Hampshire to promulgate the delegation of authority for existing 
municipal solid waste landfills. The rationale for EPA's approval of 
the delegation of authority is explained in the NPRM and will not be 
restated here.

II. Final Action

    EPA approves amending regulatory text at Sec.  62.7405 to 
promulgate the delegation of authority to NHDES for implementing and 
enforcing the Federal Plan Requirements for Municipal Solid Waste 
Landfills That Commenced Construction On or Before July 17, 2014, and 
Have Not Been Modified or Reconstructed Since July 17, 2014, at 40 CFR 
part 62, subpart OOO.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to delegate the 
authority to implement a 111(d)/129 Federal Plan that complies with the 
provisions of the CAA and applicable Federal regulations. See 40 CFR 
60.27. In reviewing 111(d)/129 Federal Plan delegation requests, EPA's 
role is to approve state choices, provided that they meet the criteria 
of the CAA and of EPA's implementing regulations. Accordingly, this 
action merely codifies in the Code of Federal Regulations EPA's 
delegation of authority to implement the Federal Plan and does not 
impose additional requirements beyond those imposed by the already-
applicable Federal Plan. 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 (Public Law 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.
     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, this action does not apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. As such, it does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), nor will it impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Industrial facilities, Intergovernmental 
relations, Methane, Reporting and recordkeeping requirements, Waste 
treatment and disposal.

    Dated: September 18, 2023.
David Cash,
Regional Administrator, EPA Region 1.

    Part 62 of chapter I, title 40 of the Code of Federal Regulations 
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 EE--New Hampshire

0
2. Revise Sec.  62.7405 to read as follows:


Sec.  62.7405  Identification of plan--delegation of authority.

    (a) Letter from the New Hampshire Department of Environmental 
Services (NHDES), submitted February 6, 2023, requested delegation of 
authority from EPA to implement and enforce the Federal Plan 
Requirements for Municipal Solid Waste Landfills That Commenced 
Construction On or Before July 17, 2014, and Have Not Been Modified or 
Reconstructed Since July 17, 2014 (Existing MSW Landfills

[[Page 66280]]

Federal Plan) at Subpart OOO of this part.
    (b) Identification of sources. The Existing MSW Landfills Federal 
Plan applies to each municipal solid waste landfill that meets the 
following criteria:
    (1) Commenced construction, reconstruction, or modification on or 
before July 17, 2014.
    (2) Accepted waste at any time since November 8, 1987, or has 
additional capacity for future waste deposition.
    (c) On February 6, 2023, NHDES Commissioner Robert R. Scott signed 
the Memorandum of Agreement Concerning the Delegation of Authority of 
the Federal Plan for Existing Municipal Solid Waste Landfills to the 
New Hampshire Department of Environmental Services by the United States 
Environmental Protection Agency. On June 27, 2023, Region 1 Deputy 
Regional Administrator Karen McGuire signed the MoA.
    (d) The delegation became fully effective as of October 27, 2023.

[FR Doc. 2023-20880 Filed 9-26-23; 8:45 am]
BILLING CODE 6560-50-P


