[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 [www.gpo.gov]
[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 https://www.regulations.gov 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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6 
Office, Air and Radiation Division--State Planning and Implementation 
Branch, (214) 665-7346, [email protected]. 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 
Regulations.gov 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: https://www.regulations.gov. 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:
     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 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: www.archives.gov/federal-register/cfr/ibr-locations.html, or email: [email protected]. The material is 
available from State of Arkansas, Office of the Secretary of State, 
Arkansas Register, State Capitol, Room 026, Little Rock, AR 72201, 
[email protected], https://www.sos.arkansas.gov/rules-regulations/arkansas-register/.
    (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


