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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations landfills to follow one set of operational, compliance, monitoring, and reporting provisions for pressure and temperature measurements. The commenters state that since New Yorks State Plan submittal predates the NESHAP MSW
RTTR, it does not incorporate the NESHAP MSW RTTR. Both commenters recommend that the approval of New Yorks State Plan be contingent on including these changes.
The NESHAP MSW RTTR does not require affected MSW landfills to demonstrate compliance with the major compliance provisions of the NESHAP AAAA in lieu of complying with the NSPS subpart XXX and the EG subpart Cf. Instead, sources can, depending on the circumstances, demonstrate compliance through either the NESHAP AAAA, the NSPS, or the EG. With respect to the EG, the March 26, 2020 revisions to subpart Cf permitted, but did not require, states to adopt the updates provided in the rule into their section 111d state plans.
Accordingly, New Yorks State Plan is approvable as submitted, despite the fact that it predates the promulgation of the NESHAP MSW RTTR, because it meets all of the requirements of 40 CFR
part 60 subpart Cf.
This concludes our response to the comments received. No changes have been made to the proposed rule as a result of the comments.
IV. What is the EPAs conclusion?
The EPA has determined that New Yorks revised State Plan meets all the applicable approval criteria as discussed above and, therefore, the EPA is approving New York States CAA
section 111d revised State Plan for existing municipal solid waste landfills.

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V. Incorporation by Reference In this document, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of the 6
NYCRR Part 208, Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills, regulation described in the amendments to 40 CFR part 62 set forth below. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov, Docket No. EPA
R02OAR20200431 and in hard copy at the EPA Region 2 Office please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more information.

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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 111d and 129 of the Act and applicable regulations. See 40 CFR
62.02.
Accordingly, this action, once 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, once 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;
Is not an Executive Order 13771 82
FR 9339 Feb. 3, 2017 regulatory action because section 111d plan approvals are exempted 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, as 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 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 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 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 rule is not approved to apply on any Indian reservation land or in any other area where the EPA or
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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: August 6, 2021.
Walter Mugdan, Acting Regional Administrator, Region 2.

For the reasons stated in the preamble, the Environmental Protection Agency amends 40 CFR part 62 as set forth below:
PART 62APPROVAL 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 HHNew York 2. Section 62.8104 is revised to read as follows:

62.8104

Identification of plan.

a Identification of plan. On December 11, 2019, the New York State Department of Environmental Conservation NYSDEC submitted to the Environmental Protection Agency EPA a Clean Air Act revised section 111d state plan, to incorporate revisions to Title 6 NYCRR Parts 208
and 200 for the implementation of 40
CFR part 60, subpart Cf, Emissions Guidelines for Municipal Solid Waste Landfills.
b Identification of sources. The plan applies to all existing municipal solid waste landfills under the jurisdiction of the New York State Department of Environmental Conservation that have accepted waste after November 8, 1987, and began construction, reconstruction, or modification on or prior to July 17, 2014, and have a design capacity threshold of 2.5 million megagrams Mg and 2.5 million cubic meters, as described in 40 CFR 60 subpart Cf.
c Effective date. The effective date of the plan for September 22, 2021.
d Incorporation by reference. 1 The material incorporated by reference in
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