Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules 11485 

• 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 Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 16, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–03481 Filed 2–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2020–0431, FRL–10016– 

26–Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; New 

York; Section 111(d) State Plan for 

MSW Landfills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to New York’s section 111(d) 

state plan (the ‘‘State Plan’’) for 

Municipal Solid Waste (MSW) landfills, 

pursuant to the Clean Air Act (‘‘CAA’’ 

or the ‘‘Act’’). The proposed State Plan 

revision consists of amendments to New 

York’s ‘‘Landfill Gas Collection and 

Control Systems for Certain Municipal 

Solid Waste Landfills,’’ as well as 

attendant revisions to ‘‘General 

Provisions.’’ The primary goal of this 

regulation is to implement and enforce 

the Emission Guidelines (EG) 

promulgated by the EPA for MSW 

landfills on August 29, 2016. The goal 

of the revised federal EG is to reduce 

emissions of landfill gas containing 

Non-methane Organic Compounds 

(NMOC) and methane by lowering the 

emissions threshold at which an 

existing MSW landfill must install and 

operate a Gas Collection and Control 

System (GCCS). The emission threshold 

reduction will address air emissions 

from all affected MSW landfills, 

including NMOC and methane. The 

reduction of emissions will improve air 

quality and protect the public health 

from exposure to landfill gas emissions. 

DATES: Written comments must be 

received on or before March 29, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2020–0431 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI), or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment, and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file-sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, Region 2, 290 

Broadway, New York, New York 10007– 

1866, at (212) 637–3378, or by email at 

Taveras.Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Supplementary Information section is 

arranged as follows: 

I. EPA Action 

A. What action is the EPA proposing 

today? 

B. Who is affected by New York’s revised 

State Plan? 

II. Background 

A. What is a state plan? 

B. Why is the EPA requiring New York to 

submit a revised MSW landfill state 

plan? 

C. What are the requirements for a revised 

MSW landfill state plan? 

D. What revisions did the EPA make to 40 

CFR part 60 subpart Cf on August 29, 

2016? 

III. New York’s State Plan 

A. What is contained in the New York’s 

revised State Plan? 

B. What approval criteria did we use to 

evaluate New York’s revised State Plan? 

IV. Incorporation by Reference 

V. What is the EPA’s conclusion? 

VI. Statutory and Executive Order Reviews 

I. EPA Action 

A. What action is the EPA proposing 

today? 

The EPA is proposing to approve the 

State of New York’s revised section 

111(d) state plan for MSW landfills, for 

the purpose of incorporating the 

adoption of Title 6 of the New York 

Codes, Rules, and Regulations (NYCRR) 

Part 208. In a letter dated December 11, 

2019, the New York State Department of 

Environmental Conservation (NYSDEC), 

on behalf of the State of New York, 

submitted to the EPA a state plan 

entitled, ‘‘Landfill Gas Collection and 

Control Systems for Certain Municipal 

Solid Waste Landfills,’’ which contains 

a New York State-approved regulation 

for the purpose of lowering the 

emissions threshold within MSW 

landfills through the installation of Gas 

Collection and Control Systems (GCCS). 

The State Plan incorporates by reference 

the revised EG codified at 40 CFR part 

60 subpart Cf, which applies to MSW 

landfills that have accepted waste at any 

11486 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules 

time since November 8, 1987, and 

commenced construction, 

reconstruction, or modification on or 

before July 17, 2014. 

In accordance with the CAA, New 

York previously submitted a state plan 

on October 8, 1998, which was 

approved by the EPA on July 19, 1999. 

(See 64 FR 38582). New York submitted 

a revised State Plan dated December 11, 

2019 to fulfill the requirements of 

section 111(d) of the Act. The EPA is 

proposing to approve New York’s State 

Plan revision since it applies to major 

sources of NMOC and methane 

emissions. This proposed approval, 

once finalized and effective, will render 

New York’s revised MSW rule federally 

enforceable. 

B. Who is affected by New York’s 

revised State Plan? 

New York’s revised State Plan applies 

to existing MSW landfills with a design 

capacity threshold of 2.5 million 

megagrams (Mg) and 2.5 million cubic 

meters of waste. Existing MSW landfills 

are landfills that have accepted waste 

after November 8, 1987, and began 

construction, reconstruction, or 

modification on or prior to July 17, 

2014. 

II. Background 

A. What is a state plan? 

Section 111 of the CAA, ‘‘Standards of 

Performance for New Stationary 

Sources,’’ directs the EPA to establish 

emission standards for stationary 

sources of air pollution that could 

potentially endanger the public health 

or welfare. These standards are referred 

to as New Source Performance 

Standards (NSPS). Section 111(d) 

addresses the process by which the EPA 

and states regulate standards of 

performance for existing sources. When 

NSPS are promulgated for new sources, 

section 111(d) and EPA regulations 

require that the EPA publish an 

Emission Guideline (EG) to regulate the 

same pollutants from existing facilities. 

States in which existing facilities are 

found must develop a state plan to 

adopt the requirements of the EG into 

the state’s body of regulations. States 

must also include in their state plans 

other requirements, such as inventories, 

legal authority, reporting and 

recordkeeping, and public participation 

documentation, to demonstrate their 

ability to enforce the state plans. State 

plan submittal and revisions under CAA 

section 111(d) must be consistent with 

the applicable EG, in this case 40 CFR 

part 60 subpart Cf, and the requirements 

of 40 CFR part 60 subpart B, and part 

62 subpart A. Under CAA section 

111(d), states are required to submit 

state plan revisions within three years 

after promulgation of the EPA’s 

emission guidelines in order to 

incorporate the federal provisions, 

unless otherwise specified within the 

emission guidelines. The original 

deadline specified within 40 CFR part 

60 subpart Cf for a state plan to be 

submitted to the EPA was May 30, 2017; 

as amended on August 26, 2019, the 

new deadline to submit a state plan 

became August 29, 2019. See 40 CFR 

60.30f(b); 84 FR 44547, 44556 (Aug. 26, 

2019). 

B. Why is the EPA requiring New York 

to submit a revised MSW landfill state 

plan? 

On March 12, 1996, the EPA 

promulgated federal Emission 

Guidelines (EG), codified at 40 CFR part 

60 subpart Cc, ‘‘Standards of 

Performance for New Stationary Sources 

and Guidelines for Control of Existing 

Sources: Municipal Solid Waste 

Landfills.’’ 61 FR 9905 (Mar. 12, 1996). 

Under this EG, a state plan must include 

the installation of a gas collection and 

control system at each MSW landfill 

that accepted waste after November 8, 

1987, has a design capacity greater than 

or equal to 2.5 million Mg and 2.5 

million cubic meters, and that emits 

NMOC at a rate of 50 Mg per year or 

more. See 40 CFR 60.33c(b). In 

accordance with section 111 of the 

CAA, on September 24, 2001, the 

NYSDEC promulgated 6 NYCRR Part 

208, ‘‘Landfill Gas Collection and 

Control Systems for Certain Municipal 

Solid Waste Landfills,’’ in compliance 

with the EPA’s federal EG for MSW 

landfills 40 CFR part 60 subpart Cc. 

Due to the significant changes within 

the landfill industry, such as increased 

scientific understanding of landfill gas 

emissions, and changes in operation 

practices, as well as increase in landfill 

size and age, the EPA determined that 

it was appropriate to update the 1996 

EG. As a result, on August 29, 2016, the 

EPA promulgated a revised EG, codified 

at 40 CFR part 60 subpart Cf, entitled, 

‘‘Emission Guidelines and Compliance 

Times for Municipal Solid Waste 

Landfills.’’ See 81 FR 59275 (Aug. 29, 

2016). The revised EG updated the 

control requirements, monitoring, 

reporting, and recordkeeping provisions 

for existing MSW landfill sources. The 

revised EG is designed to significantly 

reduce emissions of landfill gas 

containing NMOC and methane by 

further reducing the emissions 

threshold at which a landfill must 

install and operate a GCCS. In order to 

continue complying with the Act and 

the newly adopted EG, on August 5, 

2019, New York adopted its revised 6 

NYCRR Part 208, ‘‘Landfill Gas 

Collection and Control Systems for 

Certain Municipal Solid Waste 

Landfills,’’ and amended Part 200, 

‘‘General Provisions,’’ with an effective 

date of September 4, 2019. The purpose 

of the revisions was to incorporate by 

reference the revised EG for MSW 

landfills promulgated at 40 CFR part 60 

subpart Cf. 

On August 26, 2019, the EPA 

finalized a rule (referred to as the ‘‘Ba 

Rule’’) that amended the revised EG 

codified at 40 CFR part 60 subpart Cf. 

See 84 FR 44547 (Aug. 26, 2019). In a 

separate regulatory action, entitled, 

‘‘Revisions to Emission Guidelines 

Implementing Regulations,’’ the EPA 

finalized revisions to the old 

implementing regulations for EG. See 84 

FR 32520 (Jul. 8, 2019). Specifically, the 

new implementing regulations at 40 

CFR part 60 subpart Ba amended the 

timing requirements in 40 CFR 60.23 

and 60.27 for the submission of state 

plans, the EPA’s review of state plans, 

and the issuance of federal plans. See 40 

CFR 60.23a and 60.27a. Since New 

York’s revised State Plan was submitted 

after the final Ba rule amendments, the 

plan was evaluated in accordance with 

the new implementing regulations. The 

EPA is proposing to approve New 

York’s State Plan since it is at least as 

protective as the standards set forth in 

the EG, as amended on August 29, 2016, 

and is in accordance with the new Ba 

implementing regulations. 

C. What are the requirements for a 

revised MSW landfill state plan? 

Under the new Ba implementing 

regulations, a section 111(d) state plan 

submittal must meet the completeness 

requirements of 40 CFR part 60 subpart 

Ba, sections 60.23a and 60.27a(g). 

Section 60.27a(g) states in relevant part, 

‘‘Any plan or plan revision that a State 

submits to the EPA, and that has not 

been determined by the EPA by the date 

6 months after receipt of the submission 

to have failed to meet the minimum 

criteria, shall on that date be deemed by 

operation of law to meet such minimum 

criteria.’’ See 40 CFR 60.27a(g)(1). New 

York submitted its plan to the EPA on 

December 11, 2019. Since more than six 

months have passed since the date of 

the plan submission, the plan is deemed 

to have met the completeness criteria 

contained in 40 CFR 60.27a(g). 

The EPA has reviewed the substance 

of New York’s revised State Plan in 

accordance with the EG at 40 CFR part 

60 subpart Cf, as amended on August 

29, 2016. Subpart Cf establishes EG and 

compliance times for the control of 

designated pollutants from certain 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules 11487 

1 ‘‘[MSW] landfills are the third-largest source of 

human-related methane emissions in the United 

States, accounting for approximately 15.1 percent of 

these emissions in 2018.’’ See https://www.epa.gov/ 

lmop/basic-information-about-landfill-gas. 

2 Id. 

3New York previously codified landfill 

regulations at NYCRR Part 360, ‘‘Municipal Solid 

Waste Landfill Permitting,’’ which were included in 

New York’s section 111(d) state plan that was 

submitted on October 8, 1998 and approved by the 

EPA on July 19, 1999. (See 64 FR 38582, 38585). 

To avoid duplication between NYSDEC’s Division 

of Air Resources and Division of Solid and 

Hazardous Materials, and to add compliance 

milestones pursuant to 40 CFR 60.23, NYSDEC 

transferred the EG requirements from NYCRR Part 

360 to Part 208 in 2001. No revisions to the State 

Plan were made at that time to reflect the regulatory 

transfer within NYSDEC. 

designated MSW landfills. Subpart Cf 

requires that MSW landfills that have a 

design capacity of greater than or equal 

to 2.5 Mg by mass and 2.5 million cubic 

meters by volume incorporate a GCCS if 

they exceed the emission threshold. The 

amended EG apply to landfills that 

commenced construction, 

reconstruction, or modification on or 

before July 17, 2014, and have accepted 

waste at any time since November 8, 

1987. States with affected facilities are 

required to submit a section 111(d) state 

plan to implement and enforce all 

provisions of the EG, as amended on 

August 29, 2016, and codified at subpart 

Cf. 

D. What revisions did the EPA make to 

the EG, as amended on August 29, 2016, 

and codified at 40 CFR part 60 subpart 

Cf? 

Landfills are the third largest source 

of human-related methane emissions in 

the United States.1 Methane is a potent 

greenhouse gas that is 28 to 36 times 

more effective than carbon dioxide at 

trapping heat in the atmosphere over a 

100-year period.2 For these reasons, and 

due to significant changes within the 

landfill industry that allowed for 

additional reduction of emissions at a 

reasonable cost, the EPA updated its 

emission guidelines that were adopted 

in 1996 on August 29, 2016. In addition 

to revisions to the EG and compliance 

times for existing MSW landfills, the 

control requirements, monitoring, 

reporting, and record-keeping 

provisions were also updated. 

The revised EG is designed to further 

reduce emissions of landfill gas 

containing NMOC and methane. The 

revised EG lowers the emission 

threshold at which a landfill must 

install and operate a GCCS. Under the 

1996 EG, the emission threshold at 

which MSW landfills were required to 

install and operate a GCCS was 50 Mg/ 

year of NMOC. By contrast the revised 

EG reduces the threshold for installing 

a GCCS to 34 Mg/year for active MSW 

landfills. Closed MSW landfills will 

retain the threshold of 50 Mg/year of 

NMOC for installing a GCCS. Other 

major revisions to the EG include 

revisions to surface emissions 

monitoring, wellhead monitoring, and 

address the definition of landfill gas 

treatment system. 

A summary of major provisions in the 

revised EG include the following: 

• Retention of the design capacity 

threshold of 2.5 million Mg and 2.5 

million cubic meters of waste in order 

for the rule to apply. 

• A new alternative modeling 

procedure, referred to as ‘‘Tier 4,’’ used 

to determine when to install a GCCS. 

• Clarification of the definition of 

Landfill Gas Treatment and use of 

treated landfill gas. 

• Removal of wellhead oxygen/ 

nitrogen operational standards and 

corresponding corrective action for their 

exceedances. 

• Addition of an electronic reporting 

requirement using the EPA’s electronic 

reporting tool (ERT). 

• Updated criteria for capping, 

removing, or decommissioning a portion 

of the GCCS in low-producing landfill 

gas areas. 

• Addition of a requirement that 

landfills must conduct surface emission 

monitoring (SEM) at all cover 

penetrations and openings within the 

area of the landfill in which the waste 

has been placed and where a GCCS is 

required. 

• New provisions for startup, 

shutdown, and malfunction periods. 

New York’s revised State Plan, dated 

December 11, 2019, for existing MSW 

landfills, incorporates by reference all 

the revisions to the EG as of August 29, 

2016, codified at 40 CFR part 60 subpart 

Cf. 

III. New York’s State Plan 

A. What is contained in the New York 

revised State Plan? 

In order to implement the 2016 

amended EG for existing MSW landfills 

located in New York state, NYSDEC 

submitted its revised section 111(d) 

state plan for existing MSW landfills, 

dated December 11, 2019, which made 

revisions to Title 6 of the NYCRR, at 

Parts 200 and 208. 

On August 5, 2019, New York 

repealed previously enacted 6 NYCRR 

Part 208, and replaced it with a newly 

adopted Part 208, ‘‘Landfill Gas 

Collection and Control Systems for 

Certain Municipal Solid Waste 

Landfills,’’ and simultaneously revised 

Part 200, ‘‘General Provisions.’’ 3 The 

majority of MSW landfills that are 

regulated by Part 208 are located in 

rural communities throughout New 

York state. The revised rule is designed 

to reduce emissions of NMOC and 

methane from these landfills by 

lowering the emission threshold at 

which the owners and operators of these 

landfills must install a GCCS. The 

emission guidelines and revised Part 

208 retain the formal design capacity 

threshold of 2.5 Mg and 2.5 million 

cubic meters of waste for MSW landfills. 

Part 208 defines existing MSW landfills 

as landfills that accepted waste after 

November 8, 1987 and began 

construction, reconstruction, or 

modification prior to July 17, 2014. 

Consistent with the revised EG 

promulgated at 40 CFR part 60 subpart 

Cf, the trigger threshold for installing a 

GCCS in Part 208 is reduced from 50 

Mg/year to 34 Mg/year of NMOC for 

active MSW landfills. Since closed 

landfills do not produce as much 

landfill gas as an active landfill, the 

trigger threshold for installing a GCCS 

remains at 50 Mg/year of NMOC for 

closed MSW landfills. Landfill operators 

and owners had thirty days from the 

adoption date of the revised Parts 200 

and 208 to comply with the revised 

regulation, or until September 4, 2019. 

In order to be considered for the ‘‘closed 

landfill subcategory,’’ MSW landfills 

had to submit a closure report within 

one year after the revised Part 208 

became effective, i.e., by September 4, 

2020. New York’s revised rule also 

includes the alternative site-specific 

emission threshold determination 

methodology to determine when a 

landfill must install a GCCS, referred to 

as Tier 4. Tier 4 is based on SEM and 

requires four consecutive quarters of 

surface emissions below 500 parts per 

million (ppm) of methane, followed by 

quarterly SEM reports for active 

landfills and annual SEM reports for 

closed landfills. Both active and closed 

landfills are required to notify delegated 

authorities thirty days prior to 

conducting the Tier 4 test so that 

officials can be present to observe the 

SEM, keep up-to-date records of the 

SEM readily accessible for at least five 

years, and send annual reports to 

NYSDEC of the SEM monitoring results. 

NYSDEC’s revised Part 208 also 

incorporates the removal of certain 

wellhead oxygen/nitrogen operational 

standards in 40 CFR part 60 subpart Cf. 

Owners and operators are no longer 

required to report or take corrective 

action based on exceedances of 

specified operational standards for 

nitrogen/oxygen levels at wellheads. 

However, landfill owners or operators 

11488 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules 

must continue to monitor and maintain 

records of nitrogen/oxygen levels on a 

monthly basis, in order to make any 

necessary adjustments to the GCCS. 

New York’s revised Part 208 adopts the 

federally mandated electronic reporting 

requirements, including, certain 

performance test reports, NMOC 

emission rate reports, annual reports, 

Tier 4 emission rate reports, and wet 

landfilling practices. The test reports are 

submitted through the EPA web portal, 

known as the Central Data Exchange 

(CDX), using the Compliance and 

Emissions Data Reporting Interface 

(CEDRI, or the ERT). New requirements 

for landfill gas treatment were 

developed within the revised Part 208 

in compliance with the federal EG. 

Landfills are required to develop a sitespecific treatment system monitoring 

plan, and keep records demonstrating 

effective monitoring of filtration, 

dewatering, and compression system 

performance. The treatment system 

monitoring plan must be submitted as 

part of a Title V permit application, and 

the monitoring parameters would be 

included in the permit as applicable 

enforceable conditions. Accordingly, the 

EPA proposes to approve New York’s 

revised State Plan for existing MSW 

landfills, since it includes all elements 

required by the amended EG in 40 CFR 

part 60 subpart Cf. 

B. What approval criteria did we use to 

evaluate New York’s revised State Plan? 

The EPA reviewed the substance of 

New York’s revised State Plan for 

approval based on the requirements set 

forth in 40 CFR 60.24 through 60.26, 

‘‘Subpart B-Adoption and Submittal of 

State Plans for Designated Facilities;’’ 40 

CFR 60.23a, ‘‘Adoption and submittal of 

State plans; public hearings;’’ 40 CFR 

60.27a, ‘‘Actions by the Administrator;’’ 

40 CFR part 60 subpart Cf, ‘‘Emission 

Guidelines and Compliance Times for 

Municipal Solid Waste Landfills;’’ and 

40 CFR part 62 subpart A, ‘‘General 

Provisions’’ for ‘‘Approval and 

Promulgation of State Plans for 

Designated Facilities and Pollutants.’’ 

IV. Incorporation by Reference 

In this document, the EPA is also 

proposing to incorporate by reference 

NYSDEC rules discussed in section III of 

this preamble in accordance with the 

requirements of 1 CFR 51.5. The EPA 

has made, and will continue to make, 

these materials available through the 

docket for this action, EPA–R02_OAR– 

2020–0431, at http://

www.regulations.gov, and at the EPA 

Region II Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. What is the EPA’s Conclusion? 

The EPA has determined that New 

York’s revised State Plan meets all the 

applicable approval criteria in 40 CFR 

part 60 subpart Cf, 40 CFR 60.24 

through 60.26, 40 CFR 60.23a; 40 CFR 

60.27a, and 40 CFR part 62 subpart A. 

Therefore, the EPA is proposing to 

approve New York State’s section 111(d) 

revised State Plan for existing MSW 

landfills, which includes revisions to 6 

NYCRR Part 208, ‘‘Landfill Gas 

Collection and Control Systems for 

Certain Municipal Solid Waste 

Landfills,’’ and Part 200, ‘‘General 

Provisions,’’ with an effective date of 

September 4, 2019. 

VI. Statutory and Executive Order 

Reviews 

Pursuant to EPA regulations, the 

Administrator may approve a plan or 

any portion thereof upon a 

determination that it meets sections 

111(d) and 129 of the Act and 

applicable regulations. See 40 CFR 

62.02. 

Accordingly, this action, if finalized, 

would merely approve state law that 

meets federal requirements, and would 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action, if finalized: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735 

(Oct. 4, 1993)); and Executive Order 

13563 (76 FR 3821 (Jan. 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 (Aug. 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 (Pub. L. 104–113) 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 (Feb. 16, 1994)). 

In addition, this proposed rule is not 

approved to apply on any Indian 

reservation land or in any other area 

where the 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 compliance costs on 

tribal governments, or preempt tribal 

law, as specified by Executive Order 

13175 (65 FR 67249 (Nov. 9, 2000)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Landfills, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 10, 2021. 

Walter Mugdan, 

Acting Regional Administrator, Region 2. 

[FR Doc. 2021–03054 Filed 2–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0088; FRL–10020–47] 

Receipt of a Pesticide Petition Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities (February 

2021) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Filing of petition and request for 

comment. 

SUMMARY: This document announces the 

Agency’s receipt of an initial filing of a 

pesticide petition requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before March 29, 2021. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0088, by 

using the Federal eRulemaking Portal at