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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Rules and Regulations rule and todays action. The docket, including these supporting documents, is reviewable through http
www.regulations.gov.
This concludes our response to the comments received. No changes have been made to the proposed rule as a result of the comments.

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III. Final Action The EPA is finalizing approval of the South Dakota section 111d state plan for existing MSW landfills, submitted by the South Dakota DENR on January 3, 2020, pursuant to 40 CFR part 60, subparts B, Ba, and Cf. Therefore, the EPA is amending 40 CFR part 62, subpart QQ to reflect this approval action. This approval is based on the rationale provided in section II of the proposed rule for this action 86 FR
68539 and discussed in detail in the TSD associated with this rulemaking action.1 The scope of this approval is limited to the provisions of 40 CFR parts 60 and 62. The EPAs proposed approval of the South Dakota plan is limited to those landfills that meet the criteria established in 40 CFR part 60, subpart Cf.
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 60.30fc.
IV. Incorporation by Reference In accordance with the requirements of 1 CFR 51.5, we are finalizing regulatory text that includes the incorporation by reference of section 74:36:01:19 and sections 74:36:07:94
145 of the Administrative Rules of South Dakota ARSD as effective on November 25, 2019 which are part of the CAA section 111d state plan applicable to existing MSW landfills in South Dakota. The regulatory provisions of these sections of the ARSD
incorporate the required 111d state plan elements required by the EG for existing MSW landfills promulgated found at 40 CFR part 60, subpart Cf and establish emission standards and compliance times for the control of methane and other organic compounds from certain MSW landfills that commenced construction, modification, or reconstruction on or before July 17, 2014. The emissions standards and compliance times established within these ARSD sections and the South Dakota state plan are at least as stringent as those required by the EG for existing 1 EPA Document ID No. EPAR08OAR2020
05160004, available at www.regulations.gov.

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MSW landfills. The EPA has made, and will continue to make, ARSD sections 74:36:01:19 and 74:36:07:94145 as well as the South Dakota 111d state plan document for existing MSW
landfills generally available electronically through www.regulations.gov, Docket No. EPA
R06OAR20200516 and in hard copy at the EPA Region 8 office please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more information.
This incorporation by reference has been approved by the Office of the Federal Register and the Plans are federally enforceable under the CAA as of the effective date of this final rulemaking.
V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve section 111d state plan submissions that comply with the provisions of the Act and applicable Federal regulations.
42 U.S.C. 7411d; 40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in reviewing CAA
section 111d state plan submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the Act and implementing regulations. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Is not an Executive Order 13771 82
FR 9339, February 2, 2017 regulatory action because this action is not significant under Executive Order 12866;
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, described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have Federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;

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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 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
In addition, the CAA section 111d Plans are not approved to apply in Indian country, as defined at 18 U.S.C.
1151, located in the state. As such, this rule does not have tribal implications, as specified by Executive Order 13175
65 FR 67249, November 9, 2000, and it will not impose substantial direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register.
This action is not a major rule as defined by 5 U.S.C. 8042.
Under section 307b1 of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 1, 2021.
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 307b2.

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