[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Rules and Regulations]
[Pages 9388-9390]
[FR Doc No: 2020-02506]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R09-OAR-2019-0345; FRL-10001-02-Region 9]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Pinal County Air Quality Control District;
Control of Emissions From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a state plan submitted by the Pinal County Air
Quality Control District (PCAQCD). For the purposes of this Section
111(d) plan, the PCAQCD is considered a ``State'' as defined in EPA's
regulations. This state plan submittal pertains to the regulation of
landfill gas and its components, including methane, from existing
municipal solid waste (MSW) landfills. This state plan was submitted in
response to the EPA's promulgation of Emissions Guidelines and
Compliance Times for MSW landfills. This action is being taken under
the Clean Air Act (CAA).

DATES: This plan will be effective on March 20, 2020. The incorporation
by reference of certain material listed in the rule is approved by the
Director of the Federal Register as of March 20, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0345. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On July 8, 2019 (84 FR 32365), the EPA proposed to approve a
section 111(d) plan submitted by the PCAQCD for existing municipal
solid waste landfills. The submitted section 111(d) plan was in
response to the August 29, 2016 promulgation of Federal NSPS and
emission guidelines requirements for MSW landfills, 40 CFR part 60,
subparts XXX and Cf, respectively (81 FR 59332 and 81 FR 59276).
Included within the section 111(d) plan are regulations under the
PCAQCD Code at Chapter 5, Article 34 (5-34-2050) entitled ``Standards
of Performance for Existing Municipal Solid Waste Landfills'' and
Chapter 6, Article 1 (6-1-030) entitled ``New Source Performance
Standards: Adopted Documents,'' effective on December 19, 2018.
    We proposed to approve this plan because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the plan and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving the plan submitted by
the PCAQCD.

IV. Incorporation by Reference

    In accordance with the requirements of 1 CFR 51.5, EPA is
finalizing regulatory text that includes the incorporation by reference
of the PCAQCD Code 5-34-2050 entitled ``Standards of Performance for
Existing Municipal Solid Waste Landfills'' and 6-1-030 entitled
``Performance Standards'' amended on December 19, 2018, which is part
of the CAA section 111(d) plan applicable to existing MSW landfills in
Pinal County Arizona as discussed in section I of this preamble. These
regulatory provisions in the section 111(d) plan establish emission
standards and compliance times for the control of methane and other
organic compounds from certain existing MSW landfills located in Pinal
County that commenced construction, modification, or reconstruction on
or before July 17, 2014. These provisions set forth requirements
meeting criteria promulgated by EPA at 40 CFR part 60, subpart Cf. EPA
has made, and will continue to make, the entire Pinal

County plan, generally available through www.regulations.gov, Docket
No. EPA-R03-OAR-2019-0345, and at the EPA Region IX 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 plan is 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 111(d) state plan submissions that comply with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40
CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in
reviewing CAA section 111(d) state plan submissions, the EPA's 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. 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);
     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; 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 111(d) 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.
804(2).
    Under section 307(b)(1) 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 April 20, 2020. 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, Incorporation by
reference, Intergovernmental relations, Landfills, Methane, Ozone,
Reporting and recordkeeping requirements, Sulfur Oxides, Volatile
organic compounds.

    Dated: August 30, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Editorial note:  This document was received for publication by
the Office of the Federal Register on February 4, 2020.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart D--Arizona

0
2. Section 62.600 is revised to read as follows:

Sec.  62.600  Identification of plan.

    (a) The Arizona Department of Environmental Quality submitted on
June 17, 1997 and June 29, 1999, the State of Arizona's Section 111(d)
Plan for Existing Municipal Solid Waste Landfills.
    (b) Control of landfill gas emissions from existing municipal solid
waste landfills, submitted by the Arizona Department of Environmental
Quality on July 24, 2018, to implement 40 CFR par 60, subpart Cf. The
Plan includes the regulatory provisions cited in paragraph (f) of this
section, which the EPA incorporates by reference.
    (c) After March 20, 2020, the substantive requirements of the
municipal solid waste landfills state plan are contained in paragraph
(b) of this section and owners and operators of municipal solid waste
landfills in Arizona must comply with the requirements in paragraph (b)
of this section.
    (d) Control of landfill gas emissions from existing municipal solid
waste landfills, submitted by the Pinal County Air Quality Control
District on March 4, 2019, to implement 40 CFR part 60, subpart Cf. The
Plan includes the regulatory provisions cited in paragraph (f) of this
section, which the EPA incorporates by reference.
    (e) After March 20, 2020, the substantive requirements of the
municipal solid waste landfills state plan are contained in paragraph
(d) of this section and owners and operators of municipal solid waste
landfills in Arizona must comply with the requirements in paragraph (d)
of this section.

    (f)(1) The material incorporated by reference in this section was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies at the EPA
Region 9 office, 75 Hawthorne Street, San Francisco, California 94105,
415-947-8000 or from the source(s) listed in this paragraph (f). Copies
may be inspected at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
email<EMAIL_ADDRESS>or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of Arizona, Pinal County Air Quality Control District.
Clerk of the Board, Pinal County, PO Box 827, Florence, AZ 85232.
    (i) Pinal County Air Quality Control District Code of Regulations.
Article 34: Standards of Performance for Existing Municipal Solid Waste
Landfills--5-34-2050 Applicability, amended December 19, 2018.
    (ii) Pinal County Air Quality Control District Code of Regulations.
6-1-030 Performance standards, Nos. 1, 2, and 75, amended December 19,
2018.

0
3. Section 62.601 is revised to read as follows:

Sec.  62.601  Identification of sources.

    (a) The plan applies to all existing municipal solid waste
landfills for which construction, reconstruction, or modification was
commenced before May 30, 1991, as described in 40 CFR part 60, subpart
Cc.
    (b) The plan in Sec.  62.600(b) applies to all existing municipal
solid waste landfills under the jurisdiction of the Arizona Department
of Environmental Quality for which construction, reconstruction, or
modification was commenced on or before July 17, 2014.
    (c) The plan in Sec.  62.600(c) applies to all existing municipal
solid waste landfills under the jurisdiction of the Pinal County Air
Quality Control District for which construction, reconstruction, or
modification was commenced on or before July 17, 2014.

0
4. Section 62.602 is revised to read as follows:

Sec.  62.602  Effective date.

    (a) The effective date of EPA approval of the plan is November 19,
1999.
    (b) The effective date of the plan submitted on July 24, 2018 by
the Arizona Department of Environmental Quality for municipal solid
waste landfills is March 20, 2020.
    (c) The effective date of the plan submitted on March 4, 2019 by
the Pinal County Air Quality Control District for municipal solid waste
landfills is March 20, 2020.

[FR Doc. 2020-02506 Filed 2-18-20; 8:45 am]
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[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49893-49895]
[FR Doc No: 2015-20296]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-0311; Special Conditions No. 25-592-SC]

Special Conditions: Gulfstream Aerospace Corporation Model GVII-
G500 Airplanes; Electronic Flight Control System: Control Surface
Position Awareness

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions, request for comments.

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SUMMARY: These special conditions are issued for Gulfstream Model GVII-
G500 airplanes. These airplanes have a novel or unusual design feature
associated with control-surface awareness provided by the electronic
flight-control system. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: This action is effective on Gulfstream on August 18, 2015. We
must receive your comments by October 2, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-0311
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building

Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joe Jacobsen, FAA, Airplane and
Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile (425) 227-
1320.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplanes.
    In addition, the substance of these special conditions has been
subject to the public comment process in several prior instances with
no substantive comments received. The FAA therefore finds that good
cause exists for making these special conditions effective upon
publication in the Federal Register.

Background

    On March 29, 2012, Gulfstream applied for a type certificate for
their new Model GVII-G500 airplane. This airplane is a large-cabin
business jet capable of accommodating up to 19 passengers. It will
incorporate a low, swept-wing design with winglets and a T-tail. The
powerplant will consist of two aft-fuselage mounted Pratt & Whitney
turbofan engines. Avionics will include four primary display units and
multiple touchscreen controllers. The flight-control system is a three-
axis, fly-by-wire system controlled through active control/coupled side
sticks.
    The Model GVII-G500 airplane will have a wingspan of approximately
87 ft. and a length of just over 91 ft. Maximum takeoff weight will be
approximately 76,850 lbs and maximum takeoff thrust will be
approximately 15,135 lbs. Maximum range will be approximately 5,000 nm
and maximum operating altitude will be 51,000 ft.
    In airplanes with electronic flight-control systems, a direct
correspondence between pilot-control position and the associated
airplane control-surface position is not always apparent. Under certain
circumstances, a commanded maneuver that may not involve a large
flightcrew-control input may nevertheless require a large control-
surface movement to accomplish, possibly encroaching on a control-
surface or actuation-system limit without the flightcrew's knowledge.
This situation can arise in both piloted (i.e., manual) and autopilot
flight, and may be further intensified on airplanes where the pilot
controls are not back-driven during autopilot system operation.
    These special conditions for control-surface awareness, applicable
to Gulfstream Model GVII-G500 airplanes, require suitable flight-
control-position annunciation and control-system mode of operation to
be provided to the flightcrew when a flight condition exists in which
nearly full surface authority (not crew-commanded) is being utilized.
Suitability of such a display must take into account that some pilot-
demanded maneuvers (e.g., rapid roll) are necessarily associated with
intended full performance, which may saturate the surface. Therefore,
simple alerting systems, which would function in both intended or
unexpected control-limiting situations, must be properly balanced
between needed crew awareness and nuisance features. A monitoring
system that might compare airplane motion, surface deflection, and
pilot side-stick controller (SSC) demand, could be useful for
elimination of nuisance alerting.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17,
Gulfstream must show that the Model GVII-G500 airplane meets the
applicable provisions of 14 CFR part 25, as amended by Amendments 25-1
through 25-137.
    In addition, the certification basis includes certain special
conditions, exemptions, or later amended sections of the applicable
part that are not relevant to these special conditions.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model GVII-G500 airplane because
of a novel or unusual design feature, special conditions are prescribed
under Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, these special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Gulfstream Model GVII-G500 airplane must comply with
the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and
the noise-certification requirements of 14 CFR part 36; and the FAA
must issue a finding of regulatory adequacy under Sec.  611 of Public
Law 92-574, the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19,
under Sec.  11.38, and they become part of the type certification basis
under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Gulfstream Model GVII-G500 airplane incorporates the following
novel or unusual design features: Electronic flight-control system
providing control-surface awareness to the flightcrew.

Discussion

    Gulfstream Aerospace Corporation is intending to utilize an
electronic flight-control system (including side-stick controllers for
pitch and roll control) in their new Model GVII-G500 airplane. With an
electronic flight-control system and no direct coupling from the
flightdeck controller to the control surface, the pilot may not be
aware of the actual surface position utilized to fulfill the requested
demand. Some unusual flight conditions, arising from atmospheric
conditions, airplane malfunctions, or engine failures, may result in
full or nearly full control-surface deflection. Unless the flightcrew
is made aware of excessive deflection or impending control-surface
limiting, piloted or auto-flight system control of the airplane might
be inadvertently continued in such a manner as to cause loss of
airplane control, or other unsafe stability or performance
characteristics.

    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions apply to Gulfstream
Model GVII-G500 airplanes. Should Gulfstream apply later for a change
to the type certificate to include another model incorporating the same
or similar novel or unusual design feature, these special conditions
would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on Gulfstream Model GVII-G500 airplanes. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Gulfstream Model GVII-G500 airplanes.
    In addition to the requirements of Sec. Sec.  25.143, 25.671,
25.672, and 25.1322, when a flight condition exists where, without
being commanded by the crew, control surfaces are coming so close to
their limits that return to the normal flight envelope, or continuation
of safe flight, or both, requires a specific crew action, a suitable
flight-control-position annunciation must be provided to the crew,
unless other existing indications are found adequate or sufficient to
prompt that action.

    Note:  The term ``suitable'' indicates an appropriate balance
between necessary operation and nuisance factors.

    Issued in Renton, Washington, on August 7, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-20296 Filed 8-17-15; 8:45 am]
 BILLING CODE 4910-13-P