Overview
Title
Approval and Promulgation of State Plans (Negative Declarations) for Designated Facilities and Pollutants: Maine and Rhode Island
Agencies
ELI5 AI
The EPA is saying that Maine and Rhode Island don't have any trash dumps that need to follow special rules about pollution right now, so they don't have to make a plan for this. If no one complains about this by March 15, 2021, everything will go ahead as planned on April 12, 2021.
Summary AI
The Environmental Protection Agency (EPA) is approving the states of Maine and Rhode Island's declarations that they have no existing Municipal Solid Waste Landfills required to comply with certain federal emissions guidelines. These negative declarations allow the states to bypass creating specific state plans to control emissions from such landfills, as outlined in the Clean Air Act. The EPA considers this a straightforward decision and does not expect any objections, but if any adverse comments are received by March 15, 2021, the rule may be reconsidered. If no comments are received, the rule will become effective on April 12, 2021.
Abstract
The Environmental Protection Agency (EPA) is taking a direct final action to approve negative declarations submitted in lieu of State plans to satisfy the requirements of the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills for the State of Maine and the State of Rhode Island. The negative declarations certify that there are no existing facilities in the States that must comply with this rule.
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Sources
AnalysisAI
The document from the Environmental Protection Agency (EPA) involves the approval of negative declarations submitted by the states of Maine and Rhode Island. These declarations indicate that there are no existing municipal solid waste landfills in these states that must adhere to certain federal emissions guidelines specified under the Clean Air Act. This action by the EPA negates the need for these states to establish specific plans to control emissions from such landfills.
General Summary
At its core, the document discusses the EPA's direct final rule to accept these negative declarations from Maine and Rhode Island. This acceptance is based on the criteria that their existing municipal solid waste landfills no longer fall under the federal requirements—that is, lands have either been closed or modified in a way that shifts them outside the purview of certain federal emissions standards. The rule will take effect if no adverse comments are received by a specified deadline.
Significant Issues or Concerns
There are several issues and concerns present within the document. Firstly, the term "adverse comment" is mentioned, but it lacks a clear definition, which might lead to misunderstandings on what qualifies as adverse feedback. Secondly, the once-submitted comments cannot be edited or removed, which may discourage thoughtful revisions or corrections from the public. Additionally, navigating the complex legal references and the regulatory framework might be daunting for someone not familiar with environmental law.
The document also has a gap in addressing specific jurisdictional differences about Indian reservations, which might operate under different regulations. Moreover, the procedures for what happens if adverse comments are filed can be complex and confusing without more detailed explanations.
Public Impact
For the general public, this document represents a step towards streamlined regulatory practices, as it allows both states to bypass the creation of additional state-specific regulatory frameworks, potentially reducing bureaucratic overhead. This could mean faster compliance and fewer regulatory hoops for related industries and governmental bodies, minimizing administrative costs.
Impact on Stakeholders
For stakeholders in Maine and Rhode Island, particularly those involved with landfill operations and environmental conservation, this declaration alleviates the requirement to follow stringent guidelines for existing landfills since they are either non-existent or compliant through modifications. This can lead to cost savings and simplified operations.
However, for environmental advocacy groups, the decision might raise concerns about whether the absence of existing landfills and subsequent oversight could lead to environmental degradation, should circumstances change or new landfills be developed without appropriate checks.
In conclusion, the direct final rule signifies a regulatory decision with practical implications for Maine and Rhode Island, primarily in terms of state compliance with federal environmental guidelines. Despite potential procedural complexities, the outcome could effectuate smoother operations and reduced regulatory burdens for both state governments and landfill operators.
Issues
• The direct final rule mentions a deadline for adverse comments but does not specify what constitutes an 'adverse comment', leading to potential ambiguity.
• The document mentions that submissions cannot be edited or removed from Regulations.gov once submitted. This might discourage revisions or correct submissions by commenters.
• The instructions for comment submission are lengthy and may be complex for individuals unfamiliar with the process.
• The document lets the reader know that some sections may not apply in Indian reservation lands, but does not specify further information on how such jurisdictional differences are handled.
• There are multiple cross-references to legal documents and regulations which might be complex for a lay audience to understand without further explanation.
• The document specifies that 'Standards of Performance for new MSW landfills…' but does not clearly delineate this from existing facilities in simpler terms for better understanding.
• The process outlined for the rule to take effect, including conditional withdrawal upon receiving adverse comments, may be confusing to some readers without further clarification on procedural steps.