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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules 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, 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 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 Clean Air Act;
and Does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898
59 FR 7629, February 16, 1994.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 16, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
EPAR02OAR20200431, FRL10016
26Region 2

Approval and Promulgation of State Plans for Designated Facilities; New York; Section 111d State Plan for MSW Landfills Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve a revision to New Yorks section 111d state plan the State Plan for Municipal Solid Waste MSW landfills, pursuant to the Clean Air Act CAA
or the Act. The proposed State Plan revision consists of amendments to New Yorks Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills, as well as attendant revisions to General Provisions. The primary goal of this regulation is to implement and enforce the Emission Guidelines EG
promulgated by the EPA for MSW
landfills on August 29, 2016. The goal of the revised federal EG is to reduce emissions of landfill gas containing Non-methane Organic Compounds NMOC and methane by lowering the emissions threshold at which an existing MSW landfill must install and operate a Gas Collection and Control System GCCS. The emission threshold reduction will address air emissions from all affected MSW landfills, including NMOC and methane. The reduction of emissions will improve air quality and protect the public health from exposure to landfill gas emissions.
DATES: Written comments must be received on or before March 29, 2021.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA
R02OAR20200431 at http
www.regulations.gov. Follow the online instructions for submitting comments.
Once submitted, comments cannot be edited or removed from Regulations.gov.
The 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. The EPA will generally not SUMMARY:

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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:
Fausto Taveras, Environmental Protection Agency, Region 2, 290
Broadway, New York, New York 10007
1866, at 212 6373378, or by email at Taveras.Fausto@epa.gov.
SUPPLEMENTARY INFORMATION: The Supplementary Information section is arranged as follows:
I. EPA Action A. What action is the EPA proposing today?
B. Who is affected by New Yorks revised State Plan?
II. Background A. What is a state plan?
B. Why is the EPA requiring New York to submit a revised MSW landfill state plan?
C. What are the requirements for a revised MSW landfill state plan?
D. What revisions did the EPA make to 40
CFR part 60 subpart Cf on August 29, 2016?
III. New Yorks State Plan A. What is contained in the New Yorks revised State Plan?
B. What approval criteria did we use to evaluate New Yorks revised State Plan?
IV. Incorporation by Reference V. What is the EPAs conclusion?
VI. Statutory and Executive Order Reviews
I. EPA Action A. What action is the EPA proposing today?
The EPA is proposing to approve the State of New Yorks revised section 111d state plan for MSW landfills, for the purpose of incorporating the adoption of Title 6 of the New York Codes, Rules, and Regulations NYCRR
Part 208. In a letter dated December 11, 2019, the New York State Department of Environmental Conservation NYSDEC, on behalf of the State of New York, submitted to the EPA a state plan entitled, Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills, which contains a New York State-approved regulation for the purpose of lowering the emissions threshold within MSW
landfills through the installation of Gas Collection and Control Systems GCCS.
The State Plan incorporates by reference the revised EG codified at 40 CFR part 60 subpart Cf, which applies to MSW
landfills that have accepted waste at any
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