77538 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus Helicopters Deutschland GmbH 

(AHD): Docket No. FAA–2023–2148; 

Project Identifier MCAI–2022–00706–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by December 28, 

2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Airbus Helicopters 

Deutschland GmbH (AHD) Model EC135P1, 

EC135P2, EC135P2+, EC135P3, EC135T1, 

EC135T2, EC135T2+, EC135T3, MBB–BK 117 

C–2, MBB–BK 117 D–2, and MBB–BK 117 D– 

3 helicopters, certificated in any category. 

Note 1 to paragraph (c): Helicopters with 

an EC135P3H designation are Model 

EC135P3 helicopters, helicopters with an 

EC135T3H designation are Model EC135T3 

helicopters, and helicopters with an MBB– 

BK117 C–2e designation are Model MBB– 

BK117 C–2 helicopters. 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2500, Cabin Equipment/Furnishings. 

(e) Unsafe Condition 

This AD was prompted by the 

determination that Instrument Flight Rules 

(IFR) screens obstruct the pilot’s views. The 

FAA is issuing this AD to address the 

obstructed views caused by the IFR screens. 

The unsafe condition, if not addressed, could 

result in reduced situational awareness of the 

pilot and subsequent mid-air collision. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraphs (h) and 

(i) of this AD: Comply with all required 

actions and compliance times specified in, 

and in accordance with, European Union 

Aviation Safety Agency (EASA) AD 2022– 

0097, dated June 1, 2022 (EASA AD 2022– 

0097). 

(h) Exceptions to EASA AD 2022–0097 

(1) Where EASA AD 2022–0097 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2022–0097. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2022–0097 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (k) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

For more information about this AD, 

contact Dan McCully, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone (303) 

342–1080; email william.mccully@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2022–0097, dated June 1, 2022. 

(ii) [Reserved] 

(3) For EASA AD 2022–0097, contact 

Konrad-Adenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; email 

ADs@easa.europa.eu; website 

easa.europa.eu. You may find the EASA 

material on the EASA website 

ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Parkway, 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this material 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 or email fr.inspection@nara.gov. 

Issued on October 30, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–24560 Filed 11–9–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2145; Project 

Identifier MCAI–2023–00358–T] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Bombardier Inc. Model BD–100–1A10 

airplanes. This proposed AD was 

prompted by a report of a steering 

control unit (SCU) filter plate connector 

that does not meet the certification 

requirements for exposure of electronic 

components to high intensity radiated 

field environments, which could result 

in malfunction of the nose wheel 

steering (NWS) system. This proposed 

AD would require determining if the 

SCU is an affected SCU, replacing all 

affected SCUs, and rigging and testing 

the NWS control. This proposed AD 

would also prohibit installing an 

affected SCU on any airplane. The FAA 

is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by December 28, 

2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–2145; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 77539 

Material Incorporated by Reference: 

• For service information identified 

in this NPRM, contact Bombardier 

Business Aircraft Customer Response 

Center, 400 Coˆte-Vertu Road West, 

Dorval, Que ́bec H4S 1Y9, Canada; 

telephone 514–855–2999; email ac.yul@

aero.bombardier.com; website 

bombardier.com. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, 

call 206–231–3195. 

FOR FURTHER INFORMATION CONTACT: 

William Reisenauer, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; 

telephone 516–228–7301; email 9-avsnyaco-cos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–2145; Project Identifier 

MCAI–2023–00358–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend the proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to William Reisenauer, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 516–228–7301; 

email 9-avs-nyaco-cos@faa.gov. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Background 

Transport Canada, which is the 

aviation authority for Canada, has 

issued Transport Canada AD CF–2023– 

13, dated February 24, 2023 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition on all Bombardier Inc. 

Model BD–100–1A10 airplanes. The 

MCAI states that the manufacturer of 

SCU part number (P/N) 46000–01 

introduced a new filter plate connector 

that does not meet the certification 

requirements related to the 

susceptibility of electronic components 

to high intensity radiated field. 

According to the MCAI, this noncompliant filter plate connector, if not 

replaced, could result in a malfunction 

of the NWS system and cause uncommanded steering or lateral 

excursion from the runway. The MCAI 

requires removing and replacing all 

affected non-compliant SCUs. The FAA 

is proposing this AD to address the 

unsafe condition on these products. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–2145. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Bombardier 

Service Bulletin 100–32–34, dated 

October 18, 2021, and Bombardier 

Service Bulletin 350–32–010, dated 

October 18, 2021. This service 

information specifies procedures for 

determining the serial number of SCU 

P/N 46000–01, replacing any affected 

SCU, and rigging and testing the NWS 

control. These documents are distinct 

since they apply to different airplane 

serial numbers. This service information 

is reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI and service information 

referenced above. The FAA is issuing 

this NPRM after determining that the 

unsafe condition described previously is 

likely to exist or develop on other 

products of the same type design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require an 

inspection or records review to 

determine if the SCU is an affected SCU, 

replacement of all affected SCUs, and 

rigging and testing of the NWS control. 

This proposed AD would also prohibit 

installing an affected SCU on any 

airplane. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 725 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

9 work-hours × $85 per hour = $765 .......................................................................................... $44,950 $45,715 $33,143,375 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some of the 

costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

operators. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 


khammond on DSKJM1Z7X2PROD with PROPOSALS
77540 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Bombardier Inc.: Docket No. FAA–2023– 

2145; Project Identifier MCAI–2023– 

00358–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by December 28, 

2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Bombardier Inc. 

Model BD–100–1A10 airplanes, certificated 

in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 32, Landing gear. 

(e) Unsafe Condition 

This AD was prompted by a report of a 

steering control unit (SCU) filter plate 

connector that does not meet the certification 

requirements for exposure of electronic 

components to high intensity radiated field 

environments. The FAA is issuing this AD to 

prevent malfunction of the nose wheel 

steering (NWS) system. The unsafe condition, 

if not addressed, could result in uncommanded steering or lateral runway 

excursion. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection or Records Review 

Within 24 months after the effective date 

of this AD: Inspect the SCU to determine if 

SCU part number (P/N) 46000–01 with a 

serial number listed in Figure 1 to paragraph 

(g) of this AD is installed on the airplane. A 

review of the airplane maintenance records is 

acceptable in lieu of the inspection if the 

SCU P/N and serial number can be 

conclusively determined from that review. If 

an SCU P/N 46000–01 with a serial number 

listed in Figure 1 to paragraph (g) of this AD 

is not installed on the airplane, or if the SCU 

identification plate is marked with SB100– 

32–030, then no further action is required by 

this AD; however, the installation prohibition 

in paragraph (i) of this AD still applies. 

BILLING CODE 4910–13–P 

Figure 1 to Paragraph (g)—Affected SCU 

Serial Numbers 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 77541 

BILLING CODE 4910–13–C 

(h) Replacement 

For airplanes with SCU P/N46000–01 with 

a serial number listed in Figure 1 to 

paragraph (g) of this AD installed and not 

marked on the SCU identification plate with 

SB100–32–030: Within 24 months after the 

effective date of this AD, replace the SCU and 

rig and test the NWS control, in accordance 

with the instructions in paragraph (h)(1), (2), 

or (3) of this AD, as applicable. 

(1) For airplane serial numbers 20001 

through 20500 inclusive: Steps 2.C.(1) and 

2.C.(3) of Section 2.C., ‘‘Part B— 

Modification,’’ and Section 2.D., ‘‘Testing,’’ 

of the Accomplishment Instructions in 

Bombardier Service Bulletin 100–32–34, 

dated October 18, 2021. 

(2) For airplane serial numbers 20501 

through 20893 inclusive: Steps 2.C.(1) and 

2.C.(3) of Section 2.C., ‘‘Part B— 

Modification,’’ and Section 2.D., ‘‘Testing,’’ 

of the Accomplishment Instructions in 

Bombardier Service Bulletin 350–32–010, 

dated October 18, 2021. 

(3) For airplane serial numbers 20894 and 

larger: A method approved by the Manager, 

International Validation Branch, FAA; or 

Transport Canada; or Bombardier Inc.’s 

Transport Canada Design Approval 

Organization (DAO). If approved by the DAO, 

the approval must include the DAOauthorized signature. 

(i) Parts Installation Prohibition 

As of the effective date of this AD, do not 

install SCU P/N 46000–01 on any airplane if 

the serial number of the SCU is listed in 

figure 1 to paragraph (g) of this AD, unless 

the SCU identification plate has been marked 

with SB100–32–030. 


khammond on DSKJM1Z7X2PROD with PROPOSALSEP13NO23.097</GPH>

06-188, 16042190, 16047519, 16047521, 16047522, 17053050, 17053052, 

17054845, 17054846, 17054847, 17055273, 17055274, 18057933, 18057934, 

18058184, 18058185, 18058599, 18058600, 18058601, 18058602, 18058884, 

18058885, 18058886, 18059357, 18059358, 18059359, 18059360, 18059814, 

18059815, 18059816, 18059817, 18060201, 18060202, 18060582, 18060789, 

18060982, 18060983, 18061292, 18061572, 18061573, 18061770, 18061771, 

18061880, 18061881, 18061995, 18061996, 18062731, 18062732, 18062733, 

18062734, 18063183, 18063184, 18063520, 18063521, 18064776, 18064777, 

18064778, 18064779, 18065323, 18065324, 18065325, 18065326, 18065327, 

18065331, 18065332, 19068045, 19068046, 19068047, 19068048, 19068049, 

19068050, 19068051, 19068052, 19068053, 19068054, 19068055, 19068056, 

19068057, 19068058, 19068059, 19068060, 19068061, 19068062, 19068063, 

19068064, 19068065, 19068066, 19068067, 19068068, 19068069, 19068070, 

19068071, 19068072, 19068073, 19068074, 19072062, 19072063, 19072067, 

19072068, 19072069, 19072070, 19072071, 19072072, 19072073, 19072074, 

19072075, 19072076, 19072077, 19072078, 19075712, 19075713, 19075714, 

19075715, 19075716, 19075718, 19075719,20077461,20077462,20077463, 

20077464,20077465,20077466,20077467,20077470,20077472,20077473, 

20077474,20077476,20077477,20077478,20077480. 
77542 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 

(j) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (k)(2) of this AD. Information may 

be emailed to: 9-avs-nyaco-cos@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or Transport Canada or 

Bombardier, Inc.’s Transport Canada Design 

Approval Organization (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(k) Additional Information 

(1) Refer to Transport Canada AD CF– 

2023–13, dated February 24, 2023, for related 

information. This Transport Canada AD may 

be found in the AD docket at regulations.gov 

under Docket No. FAA–2023–2145. 

(2) For more information about this AD, 

contact William Reisenauer, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 516– 

228–7301; email 9-avs-nyaco-cos@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Bombardier Service Bulletin 100–32–34, 

dated October 18, 2021. 

(ii) Bombardier Service Bulletin 350–32– 

010, dated October 18, 2021. 

(3) For service information identified in 

this AD, contact Bombardier Business 

Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–2999; email 

ac.yul@aero.bombardier.com; website 

bombardier.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material 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-locationsoremailfr.inspection@nara.gov. 

Issued on October 31, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–24566 Filed 11–9–23; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R04–OAR–2023–0048; FRL–10936– 

01–R4] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Alabama; Control of 

Emissions From Existing Municipal 

Solid Waste Landfills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

Clean Air Act (CAA) section 111(d) plan 

submitted by the Alabama Department 

of Environmental Management (ADEM) 

on October 18, 2021. This state plan was 

submitted to fulfill the requirements of 

the CAA and is responsive to EPA’s 

promulgation of Emissions Guidelines 

and Compliance Times for municipal 

solid waste (MSW) landfills. The 

Alabama state plan establishes emission 

limits for existing MSW landfills and 

provides for the implementation and 

enforcement of those standards and 

requirements. 

DATES: Written comments must be 

received on or before December 13, 

2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2023–0048 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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: 

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 watson.marion@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 29, 2016, EPA finalized 

revised Standards of Performance for 

new MSW landfills and Emission 

Guidelines and Compliance Times for 

existing MSW landfills in 40 CFR part 

60, subpart XXX and Cf, respectively (81 

FR 59332 and 81 FR 59276). These 

actions were taken in accordance with 

section 111 of the CAA. 

Section 111(d) of the CAA requires 

EPA to establish a procedure for a state 

to submit a plan to EPA which 

establishes standards of performance for 

any existing source of any air pollutant: 

(1) For which air quality criteria have 

not been issued or which is not 

included on a list published under CAA 

section 108 or emitted from a source 

category which is regulated under CAA 

section 112, but (2) to which a standard 

of performance under CAA section 111 

would apply if such existing source 

were a new source. EPA established 

these requirements for state plan 

submittals in 40 CFR part 60, subpart B. 

State submittals under CAA sections 

111(d) must be consistent with the 

relevant emission guidelines, in this 

instance 40 CFR part 60, subpart Cf, and 

the requirements of 40 CFR part 60, 

subpart B and 40 CFR part 62, subpart 

A. If the state plan is complete and 

approvable with reference to these 

requirements, EPA notifies the public, 

promulgates the plan pursuant to 40 

CFR part 62, and delegates 

implementation and enforcement of the 

standards and requirements of the 

emission guidelines to the state under 

the terms of the state plan as published 

in the CFR. 

On October 18, 2021, the ADEM 

submitted to EPA a formal section 

111(d) plan for existing MSW landfills. 

The section 111(d) plan was submitted 

in response to the August 29, 2016, 

promulgation, and the March 26, 2020, 

subsequent amendments, of the 

emission guidelines requirements for 


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