[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 [www.gpo.gov]
[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 https://www.regulations.gov 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 https://www.regulations.gov, 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 
[email protected].

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 https://www.regulations.gov 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:
     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);
     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
     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.

[[Page 50271]]

Subpart K--Florida

0
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 [email protected] or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. 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: [email protected]; website: https://flrules.org/.
    (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]
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