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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules
must continue to monitor and maintain records of nitrogen/oxygen levels on a monthly basis, in order to make any necessary adjustments to the GCCS.
New Yorks revised Part 208 adopts the federally mandated electronic reporting requirements, including, certain performance test reports, NMOC
emission rate reports, annual reports, Tier 4 emission rate reports, and wet landfilling practices. The test reports are submitted through the EPA web portal, known as the Central Data Exchange CDX, using the Compliance and Emissions Data Reporting Interface CEDRI, or the ERT. New requirements for landfill gas treatment were developed within the revised Part 208
in compliance with the federal EG.
Landfills are required to develop a sitespecific treatment system monitoring plan, and keep records demonstrating effective monitoring of filtration, dewatering, and compression system performance. The treatment system monitoring plan must be submitted as part of a Title V permit application, and the monitoring parameters would be included in the permit as applicable enforceable conditions. Accordingly, the EPA proposes to approve New Yorks revised State Plan for existing MSW
landfills, since it includes all elements required by the amended EG in 40 CFR
part 60 subpart Cf.
B. What approval criteria did we use to evaluate New Yorks revised State Plan?
The EPA reviewed the substance of New Yorks revised State Plan for approval based on the requirements set forth in 40 CFR 60.24 through 60.26, Subpart B-Adoption and Submittal of State Plans for Designated Facilities; 40
CFR 60.23a, Adoption and submittal of State plans; public hearings; 40 CFR
60.27a, Actions by the Administrator;
40 CFR part 60 subpart Cf, Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills; and 40 CFR part 62 subpart A, General Provisions for Approval and Promulgation of State Plans for Designated Facilities and Pollutants.
IV. Incorporation by Reference In this document, the EPA is also proposing to incorporate by reference NYSDEC rules discussed in section III of this preamble in accordance with the requirements of 1 CFR 51.5. The EPA
has made, and will continue to make, these materials available through the docket for this action, EPAR02_OAR
20200431, at http
www.regulations.gov, and at the EPA
Region II Office please contact the person identified in the FOR FURTHER

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section of this preamble for more information.

INFORMATION CONTACT

V. What is the EPAs Conclusion?
The EPA has determined that New Yorks revised State Plan meets all the applicable approval criteria in 40 CFR
part 60 subpart Cf, 40 CFR 60.24
through 60.26, 40 CFR 60.23a; 40 CFR
60.27a, and 40 CFR part 62 subpart A.
Therefore, the EPA is proposing to approve New York States section 111d revised State Plan for existing MSW
landfills, which includes revisions to 6
NYCRR Part 208, Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills, and Part 200, General Provisions, with an effective date of September 4, 2019.
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, if 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, if 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;
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
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Technology Transfer and Advancement Act of 1995 Pub. L. 104113 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 proposed rule 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 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: February 10, 2021.
Walter Mugdan, Acting Regional Administrator, Region 2.
FR Doc. 202103054 Filed 22421; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
EPAHQOPP20210088; FRL1002047

Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities February 2021
Environmental Protection Agency EPA.
ACTION: Filing of petition and request for comment.
AGENCY:

This document announces the Agencys receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
DATES: Comments must be received on or before March 29, 2021.
ADDRESSES: Submit your comments, identified by docket identification ID
number EPAHQOPP20210088, by using the Federal eRulemaking Portal at SUMMARY:

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