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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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 77543 

MSW landfills, 40 CFR part 60, Cf (81 

FR 59276 and 85 FR 17244, 

respectively). 

II. Summary and Analysis of the Plan 

Submittal 

EPA has reviewed the Alabama 

section 111(d) plan submittal in the 

context of the plan completeness and 

approvability requirements of 40 CFR 

part 60, subparts B and Cf, and 40 CFR 

part 62, subpart A. EPA is proposing to 

determine that the submitted section 

111(d) plan meets the above cited 

requirements. The Alabama state plan 

submittal package includes all materials 

necessary to be deemed administratively 

and technically complete according to 

the criteria of 40 CFR 60.27. Included 

within the section 111(d) plan are 

regulations under the ADEM 

Administrative Code specifically, 

ADEM Administrative Code Rule 335– 

3–19—‘‘Control of Municipal Solid 

Waste Landfill Gas Emissions.’’ 

Alabama houses its implementation and 

enforcement authority for the state plan 

requirements in this regulation. In this 

action, EPA is proposing to incorporate 

by reference ADEM Administrative 

Code Rule 335–3–19, which became 

effective in the State of Alabama on 

December 13, 2021. A detailed 

explanation of the rationale behind this 

proposed approval is available in the 

Technical Support Document (TSD) 

included in the docket for this action. 

III. Proposed Action 

EPA is proposing to approve the 

Alabama section 111(d) plan for MSW 

landfills pursuant to 40 CFR part 60, 

subparts B and Cf. Therefore, EPA is 

proposing to amend 40 CFR part 62, 

subpart B to reflect this action. This 

approval is based on the rationale 

previously discussed and discussed in 

further detail in the TSD associated with 

this action. 

The EPA Administrator continues to 

retain authority for approval of 

alternative methods to determine the 

nonmethane organic compound 

concentration or a site-specific methane 

generation rate constant (k), as 

stipulated in 40 CFR 60.30f(c). 

IV. Incorporation by Reference 

In this document, EPA is proposing to 

include regulatory text that incorporates 

by reference the state plan. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to incorporate by 

reference ADEM Administrative Code 

Rule 335–3–19, which became effective 

in the State of Alabama on December 13, 

2021. ADEM Administrative Code Rule 

335–3–19 provides details regarding 

Alabama’s adoption of the applicability 

provisions, compliance times, emission 

guidelines, operational standards, test 

methods, compliance provisions, 

monitoring requirements, reporting 

guidelines, recordkeeping guidelines, 

specifications for active landfill gas 

collection systems and definitions 

contained in EPA’s emission guidelines 

for existing municipal solid waste 

landfills (40 CFR part 60, subpart Cf). 

EPA has made, and will continue to 

make, these materials generally 

available through the docket for this 

action, EPA–R04–OAR–2023–0048, at 

https://www.regulations.gov and at EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

In reviewing state plan submissions, 

EPA’s role is to approve state choices, 

provided 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 

Executive Order 12898 (59 FR 7629), 

February 16, 1994) directs Federal 

agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations (people of color and/or 

Indigenous peoples) and low-income 

populations. 

The EPA believes that the human 

health and environmental conditions 

that exist prior to this action result in, 

or have the potential to result in, 

disproportionate and adverse human 

health or environmental effects on 

people of color, low-income 

populations, and/or Indigenous peoples. 

Certain areas of the State include 

communities that are pollutionburdened and underserved according to 

demographic data. EPA performed a 

screening-level analysis using EPA’s 

EJSCREEN to identify environmental 

burdens and susceptible populations in 

communities surrounding MSW landfill 

facilities in the State. The results of the 

demographic analysis are presented in 

the EJ Screening Report for Municipal 

Solid Waste Landfills, a copy of which 

is available in the docket for this action, 

Docket ID No. EPA–R04–EPA–2023– 

0048. 

The EPA believes that this action is 

not likely to result in disproportionate 

and adverse effects on people of color, 

low-income populations, and/or 

Indigenous peoples because the State 

plan would reduce emissions of landfill 

gas, which contains both nonmethane 

organic compounds and methane. 

Nonmethane organic compounds can 

contain various organic hazardous air 

pollutants (HAPs) and volatile organic 

compounds (VOCs). Nearly 30 organic 

HAPs have been identified in 

uncontrolled landfill gas, with at least 

one identified as a known human 

carcinogen. VOC emissions are 

precursors to particulate matter and 

ozone formation, both of which are 

associated with health effects such as 

premature mortality for adults and 

infants, cardiovascular morbidity such 

as heart attacks, and respiratory 

morbidity such as asthma attacks, acute 

bronchitis, and other respiratory 

symptoms. Additionally, the State plan 

is expected to result in a reduction of 

carbon dioxide due to reduced demand 

by landfills for electricity from the grid, 

as landfills will generate electricity from 

landfill gas. These abated emissions will 

improve air quality and reduce the 

effects associated with exposure to 

landfill gas emissions, protecting public 


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77544 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 

health and welfare. The EPA has 

determined that this action increases the 

level of environmental protection for all 

affected populations without having any 

disproportionately high and adverse 

human health or income or 

environmental effects on any 

population, including any minority, 

low-income, or Indigenous populations. 

To the extent that any minority, lowincome, or Indigenous subpopulation is 

disproportionately impacted by landfill 

gas emissions due to the proximity of 

their homes to sources of these 

emissions, that subpopulation also 

stands to see increased environmental 

and health benefit from the emission 

reductions called for by this action. 

In addition, this proposed approval of 

Alabama’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. 

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: November 2, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2023–24959 Filed 11–9–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0455; FRL–11520–01– 

OCSPP] 

RIN 2070–ZA16 

L-Lactic Acid; Proposed Tolerance 

Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to remove a 

duplicative exemption from the 

requirement of a tolerance for residues 

of L-lactic acid, herein referred to as 

lactic acid, when applied to dairyprocessing equipment and foodprocessing equipment and utensils. In 

addition, the Agency is proposing to 

establish exemptions from the 

requirement of a tolerance for residues 

of lactic acid when used as a fruit and 

vegetable wash in or on all raw 

agricultural commodities, and for 

indirect or inadvertent residues of lactic 

acid in or on all livestock commodities, 

when residues are present therein as a 

result of animal drinking water coming 

into contact with hard non-porous 

surfaces treated with lactic acid (i.e., 

troughs). This rulemaking is proposed 

on the Agency’s own initiative under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA), in order to implement the 

tolerance actions EPA identified during 

its review of this chemical as part of the 

Agency’s registration review program 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). 

DATES: Comments must be received on 

or before January 12, 2024. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0455, by 

one of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Anita Pease, Antimicrobials Division 

7510M, Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: 202– 

566–0736; email address: pease.anita@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Animal production (NAICS code 112) 

• Food manufacturing (NAICS code 

311) 

• Pesticide manufacturing (NAICS code 

32532) 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

comments.html. 

II. Background 

A. What action is the Agency taking? 

EPA is proposing the following 

tolerance actions related to lactic acid: 

• To remove the duplicative 

exemption from the requirement of a 

tolerance under 40 CFR 180.940(b) for 

residues of lactic acid when applied to 

dairy-processing equipment and foodprocessing equipment and utensils, as 

these use sites are covered by the 

exemption under 40 CFR 180.940(a) 

(i.e., food-contact surfaces in public 

eating places, dairy-processing 

equipment, and food-processing 

equipment and utensils). 

• To establish exemptions from the 

requirement of a tolerance under 40 CFR 

180.1090 for residues of lactic acid 

when used as a fruit and vegetable wash 

in or on all raw agricultural 

commodities, and for indirect or 

inadvertent residues of lactic acid in or 

on all livestock commodities, when 

residues are present therein as a result 

of animal drinking water coming into 

contact with hard non-porous surfaces 

treated with lactic acid (i.e., troughs). 

EPA is proposing these exemptions to 

cover residues of lactic acid that may be 

found in food as a result of these uses. 

EPA is proposing these tolerance 

actions to implement the changes 


khammond on DSKJM1Z7X2PROD with PROPOSALS