85124 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Rules and Regulations 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because this SIP disapproval does not 

in-and-of itself create any new 

regulations, but simply disapproves 

certain pre-existing State requirements 

for inclusion in the SIP. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The air agency did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA performed an 

environmental justice analysis, 

described in the section titled, 

‘‘Environmental Justice Considerations’’ 

of the June 13, 2023 (88 FR 38448) 

proposal. The 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. Due to the nature of the action 

being taken here, this final action is 

expected to have a neutral to positive 

impact on the air quality of the 

previously designated Baton Rouge 

ozone nonattainment area and its 

Region of Influence. In addition, there is 

no information in the record upon 

which this final action is based 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

This final action simply disapproves a 

SIP submission as not meeting CAA 

requirements for SIPs. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, 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). 

L. Petitions for Judicial Review 

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 5, 2024. 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 

pertaining to the disapproval of 

Louisiana’s November 20, 2016, and 

June 9, 2017 SIP submittals may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 30, 2023. 

Earthea Nance, 

Regional Administrator, Region 6. 

[FR Doc. 2023–26753 Filed 12–6–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2023–0283; FRL–11127– 

02–R5] 

Air Plan Approval; Indiana; Municipal 

Solid Waste Landfill State Plan 

Approval for Designated Facilities and 

Pollutants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving Indiana’s 

state plan to control air pollutants from 

Municipal Solid Waste (MSW) 

Landfills. The Indiana Department of 

Environmental Management (IDEM) 

submitted the state plan on March 20, 

2023. The Indiana MSW landfill state 

plan was submitted to fulfill the state’s 

obligations under section 111(d) of the 

Clean Air Act (CAA) to implement and 

enforce the requirements under the 

MSW Landfills Emission Guidelines 

(EG). EPA is approving the state plan. 

DATES: This final rule is effective on 

January 8, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2023–0283. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Melissa 

Hulting, Clean Air Strategies Section 

Supervisor, at (312) 886–2265 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sieffert, Clean Air Strategies 

Section, Air Toxics Branch (AT–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–1151, 

sieffert.margaret@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Rules and Regulations 85125 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

IDEM initially submitted a MSW 

landfill state plan on September 30, 

1999. EPA approved the state plan, and 

it became effective on May 30, 2000 (65 

FR 1632). In order to fulfill obligations 

under CAA section 111(d) to submit a 

revised state plan to reflect amendments 

to the MSW landfill EG at 40 CFR part 

60, subpart Cf. IDEM submitted a 

revised MSW landfill state plan on 

March 20, 2023, 326 Indiana 

Administrative Code (IAC) 8–8.2. In this 

regulation, IDEM incorporated by 

reference the Federal plan located at 40 

CFR part 62, subpart OOO to use as the 

underlying rule which implements and 

enforces the applicable provisions 

under the MSW landfill EG. 

On July 19, 2023, EPA published a 

proposed approval of Indiana’s MSW 

landfill state plan (88 FR 46123). The 

specific details of Indiana’s 111(d) state 

plan submittal and the rationale for 

EPA’s proposed approval are discussed 

in the proposal and technical support 

document and will not be restated here. 

II. Response to Public Comments 

EPA provided a 30-day review and 

comment period for the July 19, 2023, 

proposed rule. The comment period 

ended on August 18, 2023. We received 

one adverse comment. The comment is 

summarized and addressed below. 

Comment: The commenter states that 

it is hard to determine what steps the 

state is planning to take. The 

commentor also asserts that the 

specifics of the plan need to be 

discussed in more detail explaining the 

potential environmental impacts or 

benefits of the implementation, and that 

the proposal does not explain what will 

be expected with this approval. 

Response: After EGs are promulgated, 

EPA or the state and local regulatory 

agencies need a Federal plan 

promulgated under 40 CFR part 62, or 

a state plan approved under 40 CFR part 

62 to implement and enforce the 

requirements. Under CAA section 111, 

EPA is authorized to transfer primary 

implementation and enforcement 

authority for most of the Federal 

standards to state or local regulatory 

agencies upon submittal of a state plan. 

There are two methods for transferring 

implementation and enforcement 

authorities to state or local agencies: (1) 

EPA approval of a state plan; and (2) a 

Memorandum of Agreement between 

EPA and the state which delegates the 

authority to implement and enforce 

certain portions of the Federal plan. 

Both actions are approved in the 

Federal Register and codified into 40 

CFR part 62. 

Currently, the Federal plan located at 

40 CFR part 62, subpart OOO applies to 

all MSW landfills in Indiana that meet 

the applicability requirements. Indiana 

is seeking implementation and 

enforcement authority through this CAA 

section 111(d) state plan submittal. No 

additional environmental impacts or 

benefits will be expected beyond those 

previously described in the Regulatory 

Impact Analysis for the EG which can 

be found in Docket ID EPA–HQ–OAR– 

2014–0451. The docket can be found on 

the www.regulations.gov web site. Upon 

approval of this delegation, Indiana 

becomes the primary implementation 

and enforcement authority for the rule, 

excluding those authorities specifically 

retained by EPA. 

III. Final Action 

EPA is approving Indiana’s MSW 

landfill state plan and amending 40 CFR 

part 62 to reflect this approval. EPA 

received Indiana’s MSW landfill state 

plan on March 20, 2023. In this action, 

EPA is finalizing its approval. EPA is 

also revising 40 CFR part 63.3630, 

62.3631, and 62.3632 to reflect these 

changes. 

IV. 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 CAA 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, subparts A and OOO. 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 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) 14094 (88 FR 21879, 

April 11, 2023); 

• 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); and 

• 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. 

In addition, the CAA 111(d) state 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 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

EPA believes that this action is not 

likely to change existing 

disproportionate and adverse effects on 

people of color, low-income populations 

and/or Indigenous peoples. This action 

approves IDEM’s rule to implement and 

enforce EPA’s MSW landfill Federal 

plan that has been in effect for MSW 

landfills since June 21, 2021. EPA 


ddrumheller on DSK120RN23PROD with RULES1
85126 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Rules and Regulations 

previously conducted an EJ analysis as 

part of the revised MSW landfill 

regulations, and determined that the 

MSW Federal plan increased the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority, low-income, or indigenous 

populations. To the extent that any 

minority, low income, 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 

under the Federal plan. The results of 

the demographic analysis are presented 

in the EJ Screening Report for Municipal 

Solid Waste Landfills, July 2016, a copy 

of which is available in the 2016 MSW 

Landfills EG Docket (Docket ID Item No. 

EPA–HQ–OAR–2014–0451–0223). 

This action is subject to the 

Congressional Review Act, and 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 5, 2024. 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, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: November 21, 2023. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 62 is 

amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Amend §§ 63.3630, 62.3631, and 

62.3632 to read as follows: 

* * * * * 

§ 62.3630 Identification of plan. 

On March 20, 2023, Indiana 

submitted a revised CAA section 111(d) 

state plan for implementing the revised 

emission guidelines for Municipal Solid 

Waste (MSW) Landfills. The enforceable 

mechanism for this state plan is a state 

rule codified in 326 Indiana 

Administrative Code (IAC) 8–8.2. The 

rule was adopted on September 14, 

2022, and became effective on March 

10, 2023. 

§ 62.3631 Identification of sources. 

The Indiana CAA section 111(d) state 

plan for existing MSW landfills applies 

to all MSW landfills for which 

commenced construction on or before 

July 17, 2014, and have not been 

modified or reconstructed since July 17, 

2014. 

§ 62.3632 Effective Date. 

The Federal effective date of the 

Indiana CAA Section 111(d) state plan 

for existing MSW landfills is January 8, 

2024. 

[FR Doc. 2023–26490 Filed 12–6–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 97 

[WT Docket No. 16–239; FCC 23–93; FR ID 

188673] 

Amateur Radio Service Rules To 

Permit Greater Flexibility in Data 

Communications 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) amends its amateur radio 

rules to eliminate the limitations on the 

symbol rate (also known as baud rate)— 

the rate at which the carrier waveform 

amplitude, frequency, and/or phase is 

varied to transmit information— 

applicable to data emissions in certain 

amateur bands. In place of the baud rate, 

the Commission sets a bandwidth 

limitation of 2.8 kilohertz in the 

respective amateur bands, consistent 

with the Commission’s treatment of 

other wireless radio services, which also 

have service-specific bandwidth 

limitations. This bandwidth limitation 

will promote continued sharing in these 

amateur bands. 

DATES: Effective January 8, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Nellie Foosaner of 

the Wireless Telecommunications 

Bureau, Mobility Division, at (202) 418– 

2925 or nellie.foosaner@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, in 

WT Docket No. 16–239; FCC 23–93, 

adopted and released on November 13, 

2023. The full text of this document is 

available online at https://docs.fcc.gov/ 

public/attachments/FCC-23-93A1.pdf. 

The Commission will send a copy of 

this Order in a report to be sent to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

Synopsis 

1. In this Report and Order, the 

Commission removes limitations on the 

symbol rate (also known as baud rate)— 

the rate at which the carrier waveform 

amplitude, frequency, and/or phase is 

varied to transmit information— 

applicable to data emissions in certain 

amateur bands. The Commission 

removes this outdated restriction to 

allow the amateur radio community to 

operate more efficiently, including in 

support of emergency situations when 

appropriate. Bands with a 300 baud rate 

limitation that the Commission 

eliminates in this Report and Order are: 

160 meter band; 80 meter band; 40 

meter band segments 7.000–7.100 MHz 

and 7.100–7.125 MHz; 30 meter band; 

20 meter band segment 14.00–14.15 

MHz; 17 meter band segment 18.068– 

18.110 MHz; 15 meter band segment 

21.0–21.2 MHz; 12 meter band segment 

24.89–24.93 MHz. The 10 meter band 

segment 28.0–28.3 MHz has a 1200 baud 

rate limitation that the Commission 

eliminates in this Report and Order. The 

Commission adopts a 2.8 kilohertz 

bandwidth limitation in place of the 

baud rate limitation applicable to the 

following amateur radio bands: 160 

meter band; 80 meter band; 40 meter 

band, segments 7.000–7.100 MHz and 

7.100–7.125 MHz; 30 meter band; 20 

meter band, segment 14.00–14.15 MHz; 

17 meter band, segment 18.068–18.110 


ddrumheller on DSK120RN23PROD with RULES1