[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Rules and Regulations]
[Pages 2154-2156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-937]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[UT001-0010a and UT001-0011a; FRL-5948-7]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Utah; Control of Landfill Gas Emissions From
Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving the Utah plan and associated regulations
for implementing the Municipal Solid Waste (MSW) Landfill Emission
Guidelines at 40 CFR part 60, subpart Cc, which were required pursuant
to section 111(d) of the Clean Air Act (Act). The State's plan was
originally submitted to EPA on April 2, 1997 with revisions to the plan
submitted on October 31, 1997, in accordance with the requirements for
adoption and submittal of State plans for designated facilities in 40
CFR part 60, subpart B. The State's plan establishes performance
standards for existing MSW landfills and provides for the
implementation and enforcement of those standards. EPA finds that
Utah's plan for existing MSW landfills, as amended, adequately
addresses all of the Federal requirements applicable to such plans.
DATES: This action is effective on March 16, 1998 unless adverse or
critical comments are received in writing by February 13, 1998. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments on this action should be addressed to Vicki
Stamper, 8P2-A, at the EPA Region VIII Office listed. Copies of the
documents relative to this action are available for inspection during
normal business hours at the following locations: Air Program,
Environmental Protection Agency, Region VIII, 999 18th Street, Suite
500, Denver, Colorado 80202-2466; and the Division of Air Quality, Utah
Department of Environmental Quality, 150 North 1950 West, P.O. Box
144820, Salt Lake City, Utah 84114-4820.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, EPA Region VIII, (303)
312-6445.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 111(d) of the Act, EPA has established procedures
whereby States submit plans to control certain existing sources of
``designated pollutants.'' Designated pollutants are defined as
pollutants for which a standard of performance for new sources applies
under section 111, but which are not ``criteria pollutants'' (i.e.,
pollutants for which National Ambient Air Quality Standards (NAAQS) are
set pursuant to sections 108 and 109 of the Act) or hazardous air
pollutants (HAPs) regulated under section 112 of the Act. As required
by section 111(d) of the Act, EPA established a process at 40 CFR part
60, subpart B, which States must follow in adopting and submitting a
section 111(d) plan. Whenever EPA promulgates a new source performance
standard (NSPS) that controls a designated pollutant, EPA establishes
emissions guidelines in accordance with 40 CFR 60.22 which contain
information pertinent to the control of the designated pollutant from
that NSPS source category (i.e., the ``designated facility'' as defined
at 40 CFR 60.21(b)). Thus, a State's section 111(d) plan for a
designated facility must comply with the emission guideline for that
source
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category as well as 40 CFR part 60, subpart B.
On March 12, 1996, EPA published Emission Guidelines (EG) for
existing MSW landfills at 40 CFR part 60, subpart Cc (40 CFR 60.30-c-
60.36c) and NSPS for new MSW Landfills at 40 CFR part 60, subpart WWW
(40 CFR 60.750-60.759). (See 61 FR 9905-29.) The pollutant regulated by
the NSPS and EG is MSW landfill emissions, which contain a mixture of
volatile organic compounds (VOCs), other organic compounds, methane,
and HAPs. VOC emissions can contribute to ozone formation which can
result in adverse effects to human health and vegetation. The health
effects of HAPs include cancer, respiratory irritation, and damage to
the nervous system. Methane emissions contribute to global climate
change and can result in fires or explosions when they accumulate in
structures on or off the landfill site. To determine whether control is
required, nonmethane organic compounds (NMOCs) are measured as a
surrogate for MSW landfill emissions. Thus, NMOC is considered the
designated pollutant. The designated facility which is subject to the
EG is each existing MSW landfill (as defined in 40 CFR 60.31c) for
which construction, reconstruction or modification was commenced before
May 30, 1991.
Pursuant to 40 CFR 60.23(a), States were required to either: (1)
Submit a plan for the control of the designated pollutant to which the
EG applies or (2) submit a negative declaration if there were no
designated facilities in the State within nine months after publication
of the EG, or by December 12, 1996.
EPA has been involved in litigation over the requirements of the
MSW landfill EG and NSPS since the summer of 1996. On November 13,
1997, EPA issued a notice of proposed settlement in National Solid
Wastes Management Association v. Browner, et al., No. 96-1152 (D.C.
Cir.), in accordance with section 113(g) of the Act. (See 62 FR 60898.)
It is important to note that the proposed settlement does not vacate or
void the existing MSW landfill EG or NSPS. Accordingly, the currently-
promulgated MSW landfill EG was used as a basis for EPA's review of
Utah's submittals.
II. Analysis of State's Submittals
On April 2, 1997, the State of Utah submitted its plan and
regulations (hereafter referred to as the ``State Plan'') for
implementing EPA's MSW landfill EG. However, the State Plan did not
adequately address all of the requirements of 40 CFR part 60, subparts
B and Cc. Consequently, the State adopted amendments to the State Plan
and submitted those amendments to EPA for approval on October 31, 1997.
The Utah State Plan, as amended, includes the ``Utah State Plan for
Implementation of Emission Controls for Existing Designated Facilities,
Section I. Municipal Solid Waste Landfills,'' technical support
documentation for the plan, and the State's implementing regulations in
Utah Air Conservation Regulations (UACR) R307-20-2 and R307-21.
Utah has incorporated by reference the NSPS regulations of 40 CFR
part 60, subpart WWW, at UACR R307-21-3 with a few minor revisions to:
make the rule apply to existing MSW landfills, ensure that the rules
comply with the EG, reference the State's solid waste requirements for
MSW landfills, and make other minor changes. The EG specifies
essentially the same provisions that are in the NSPS, except that the
EG requirements apply to existing MSW landfills. Utah has also adopted
compliance deadlines in UACR 307-21-5 to comply with the compliance
timelines of the EG and the increments of progress requirements of 40
CFR part 60, subpart B. Thus, the State's regulations adequately
address the requirements of the EG, including the required
applicability, emission limitations, test methods and procedures,
reporting and recordkeeping requirements, and compliance times.
Specifically, Utah's regulation requires that existing MSW landfills
that: (1) Accepted waste since November 8, 1987; (2) have a design
capacity equal to or greater than 2.5 million megagrams (Mg) or 2.5
million m\3\; and (3) have a NMOC emission rate, calculated in
accordance with the procedures of 40 CFR 60.754, equal to or greater
than 50 Mg/year to install a gas collection and control system meeting
the requirements of 40 CFR 60.752 within thirty months from the date of
EPA approval of the State Plan (or, for those existing MSW landfills
whose NMOC emission rate is less than 50 Mg/yr on the date EPA approves
the State Plan, within thirty months after the landfill's NMOC emission
rate equals or exceeds 50 Mg/yr).
The State Plan also includes documentation showing that all
requirements of 40 CFR part 60, subpart B have been met. Specifically,
the State Plan includes a demonstration of legal authority to adopt and
implement the plan, an emissions inventory, increments of progress
compliance deadlines, a commitment to submit to EPA annual State
progress reports on plan implementation and enforcement, and
documentation that the State addressed the public participation
requirements of 40 CFR part 60.23 for both the original submittal of
April 2, 1997 and the amendments to the State Plan submitted on October
31, 1997. In addition, as stated above, the State has adopted emission
standards and compliance schedules into an enforceable State regulation
that is no less stringent than the EG.
Consequently, EPA finds that the State Plan, as amended, meets all
of the requirements applicable to such plans in 40 CFR part 60,
subparts B and Cc. The State did not, however, submit evidence of
authority to regulate existing MSW landfills in Indian Country.
Therefore, EPA is not approving this State Plan as it relates to those
sources.
More detailed information on the requirements for an approvable
plan and Utah's submittals can be found in the Technical Support
Document (TSD) accompanying this notice, which is available upon
request.
III. Final Action
Based on the rationale discussed above and in further detail in the
TSD associated with this action, EPA is approving Utah's section 111(d)
plan and associated regulations, as submitted on April 2, 1997 and on
October 31, 1997, for the control of landfill gas from existing MSW
landfills, except for those existing MSW landfills located in Indian
Country. As provided by 40 CFR 60.28(c), any revisions to Utah's State
Plan or associated regulations will not be considered part of the
applicable plan until submitted by the State in accordance with 40 CFR
60.28 (a) or (b), as applicable, and until approved by EPA in
accordance with 40 CFR part 60, subpart B.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the State Plan should
adverse or critical comments be filed. This action will be effective
March 16, 1998 unless, by February 13, 1998, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting
[[Page 2156]]
on this action should do so at this time. If no such comments are
received, the public is advised that this action will be effective on
March 16, 1998.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State Plan. Each request for revision to a State Plan
shall be considered separately in light of specific technical,
economic, and environmental factors and in relation to relevant
statutory and regulatory requirements.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
State Plan approvals under section 111 of the Act do not create any
new requirements, but simply approve requirements that the State is
already imposing. Therefore, because the Federal State Plan approval
does not impose any new requirements, I certify that it does not have a
significant impact on small entities affected. Moreover, due to the
nature of the Federal-state relationship under the Act, preparation of
a regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of state action. The Act forbids EPA to
base its actions concerning State Plans on such grounds. Union Electric
Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 March 16, 1998. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review must 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, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Methane, Municipal
solid waste landfills, Nonmethane organic compounds, Reporting and
recordkeeping requirements.
Dated: December 30, 1997.
Patricia D. Hull,
Acting Regional Administrator, Region VIII.
40 CFR part 62 is amended as follows:
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
Subpart TT--Utah
2. A new center heading and Secs. 62.11110, 62.11111. and 62.11112
are added to read as follows:
Landfill Gas Emissions From Existing Municipal Solid Waste Landfills
Sec. 62.11110 Identification of plan.
``Utah State Plan for Implementation of Emission Controls for
Existing Designated Facilities, Section I. Municipal Solid Waste
Landfills'' and the associated State regulations in R307-20-2 and R307-
21 of the Utah Air Conservation Regulations, submitted by the State on
April 2, 1997 with amendments to the plan submitted on October 31,
1997.
Sec. 62.11111 Identification of sources.
The plan applies to all existing municipal solid waste landfills
for which construction, reconstruction, or modification was commenced
before May 30, 1991 that accepted waste at any time since November 8,
1987 or that have additional capacity available for future waste
deposition, as described in 40 CFR part 60, subpart Cc.
Sec. 62.11112 Effective date.
The effective date of the plan for municipal solid waste landfills
is March 16, 1998.
[FR Doc. 98-937 Filed 1-13-98; 8:45 am]
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