[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Rules and Regulations]
[Pages 63414-63416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30399]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[GA-41-9829a; FRL-6187-4]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Georgia
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The United States Environmental Protection Agency (EPA) is
approving the section 111(d) Plan submitted by the Georgia Department
of Natural Resources (DNR) for the State of Georgia on January 20,
1998, for implementing and enforcing the Emissions Guidelines (EG)
applicable to existing Municipal Solid Waste (MSW) Landfills.
DATES: This direct final rule is effective on January 12, 1999, without
further notice, unless EPA receives adverse comment by December 14,
1998. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: You should address comments on this action to Scott Martin,
EPA Region 4, Air Planning Branch, 61 Forsyth Street, SW, Atlanta,
Georgia 30303-3104.
Copies of materials submitted to EPA may be examined during normal
business hours at the following locations: EPA Region 4, Atlanta
Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104; and
at the Georgia Department of Natural Resources, Air Protection Branch,
4244 International Parkway, Suite 120, Atlanta, Georgia 30354.
FOR FURTHER INFORMATION CONTACT: Scott Martin at (404) 562-9036 or
Scott Davis at (404) 562-9127.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 111(d) of the Clean Air Act (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 EG 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, local, or
tribal agency's section 111(d) plan for a designated facility must
comply with the EG for that source category as well as 40 CFR part 60,
subpart B.
On March 12, 1996, EPA published EG for existing MSW landfills at
40 CFR part 60, subpart Cc (40 CFR 60.30c through 60.36c) and NSPS for
new MSW Landfills at 40 CFR part 60, subpart WWW (40 CFR 60.750 through
60.759). (See 61 FR 9905-9944.) The pollutants regulated by the NSPS
and EG are 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 60.32c) 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 (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
[[Page 63415]]
60898. It is important to note that the proposed settlement does not
vacate or void the existing MSW landfill EG or NSPS. Pursuant to the
proposed settlement agreement, EPA published a direct final rulemaking
on June 16, 1998, in which EPA is amending 40 CFR part 60, subparts Cc
and WWW, to add clarifying language, make editorial amendments, and to
correct typographical errors. See 63 FR 32743-32753, 32783-32784. EPA
regulations at 40 CFR 60.23(a)(2) provide that a State has nine months
to adopt and submit any necessary State Plan revisions after
publication of a final revised emission guideline document. Thus,
States are not yet required to submit State Plan revisions to address
the June 16, 1998, direct final amendments to the EG. In addition, as
stated in the June 16, 1998, preamble, the changes to 40 CFR part 60,
subparts Cc and WWW, do not significantly modify the requirements of
those subparts. See 63 FR 32744. Accordingly, the MSW landfill EG
published on March 12, 1996, was used as a basis by EPA for review of
section 111(d) Plan submittals.
This action approves the section 111(d) Plan submitted by the
Georgia DNR for the State of Georgia to implement and enforce subpart
Cc.
II. Discussion
The Georgia DNR submitted to EPA on January 20, 1998, the following
in their section 111(d) Plan for implementing and enforcing the
emission guidelines for existing MSW landfills in the State of Georgia:
Legal Authority; Enforceable Mechanism; MSW Landfill Source and
Emission Inventory; Emission Standards; Collection and Control System
Design Plan Review Process; Compliance Schedule; Demonstration That the
Public Had Adequate Notice and Opportunity to Submit Written Comments;
Submittal of Progress Reports to EPA; Source Surveillance, Compliance
Assurance and Enforcement; and applicable State of Georgia statutes and
rules of the Georgia DNR.
The approval of the Georgia State Plan is based on finding that:
(1) the Georgia DNR provided adequate public notice of public hearings
for the proposed rulemaking and State Plan which allows the Georgia DNR
to implement and enforce the EG for MSW landfills; and (2) the Georgia
DNR also demonstrated legal authority to adopt emission standards and
compliance schedules applicable to the designated facilities; enforce
applicable laws, regulations, standards and compliance schedules; seek
injunctive relief; obtain information necessary to determine
compliance; require recordkeeping; conduct inspections and tests;
require the use of monitors; require emission reports of owners and
operators; and make emission data publicly available.
In section A of the Plan, the Georgia DNR cites the following
references for the legal authority: State of Georgia Attorney General's
Opinion Regarding State Authority to Operate the Title V Operating
Permit Program; The Georgia Air Quality Act, sections 12-9-1 through
12-9-25; The Rules of the Georgia Department of Natural Resources for
Air Quality Control, Chapter 391-3-1; the Georgia Natural Resources
Act; the Georgia Administrative Procedures Act; and the Official Code
of Georgia Annotated. On the basis of the Attorney General's Opinion,
the statutes, and rules of the State of Georgia, the State Plan is
approved as being at least as protective as the Federal requirements
for existing MSW landfills.
In section C of the Plan, the Georgia DNR cites the enforceable
mechanism for implementing the EG for existing MSW landfills. The
enforceable mechanism is the state regulation adopted by the State of
Georgia in Rule 391-3-1-.02(2)ggg, ``Municipal Solid Waste Landfills.''
The State's regulation meets the Federal requirements for an
enforceable mechanism and is approved as being at least as protective
as the Federal requirements contained in subpart Cc for existing MSW
landfills.
In section C of the Plan, the Georgia DNR cites all emission
standards and limitations for the major pollutant categories related to
the designated sites and facilities. These standards and limitations in
the Georgia DNR's Rule 391-3-1-.02(2)ggg are approved as being at least
as protective as the Federal requirements contained in Subpart Cc for
existing MSW landfills.
Section D of the Plan describes the process the Georgia DNR will
utilize for the review of site-specific design plans for gas collection
and control systems. The process outlined in the Plan meets the Federal
requirements contained in subpart Cc for existing MSW landfills.
In section E of the Plan, the Georgia DNR cites the compliance
schedules adopted in Rule 391-3-1-.02(2)ggg for each existing MSW
landfill to be in compliance within 30 months of the effective date of
their implementing regulation (June 23, 1997). These compliance times
for affected MSW landfills address the required compliance time lines
of the EG. This portion of the Plan has been reviewed and approved as
being at least as protective as Federal requirements for existing MSW
landfills.
In section B of the Plan, the Georgia DNR submitted a source and
emission inventory of all designated pollutants for each MSW landfill
in the State of Georgia. This portion of the Plan has been reviewed and
approved as meeting the Federal requirements for existing MSW
landfills.
Section G of the Plan includes its legal authority to require
owners and operators of designated facilities to maintain records and
report to their Agency the nature and amount of emissions and any other
information that may be necessary to enable their Agency to judge the
compliance status of the facilities. The Georgia DNR also cites its
legal authority to provide for periodic inspection and testing and
provisions for making reports of MSW landfill emissions data,
correlated with emission standards that apply, available to the general
public. Georgia Rule 391-3-1-.02(2)ggg supports the requirements of
monitoring, recordkeeping, reporting, and compliance assurance. These
Georgia rules have been reviewed and approved as being at least as
protective as Federal requirements for existing MSW landfills.
Section G of the Plan, outlines how the Georgia DNR will provide
progress reports of Plan implementation updates to the EPA on an annual
basis. These progress reports will include the required items pursuant
to 40 CFR part 60, subpart B. This portion of the Plan has been
reviewed and approved as meeting the Federal requirement for Plan
reporting.
Consequently, EPA finds that the Georgia State Plan meets all of
the requirements applicable to such plans in 40 CFR part 60, subparts B
and Cc. The Georgia DNR did not, however, submit evidence of authority
to regulate existing MSW landfills in Indian Country. Therefore, EPA is
not approving this Plan as it relates to those sources.
III. Final Action
Based on the rationale discussed above, EPA is approving the State
of Georgia section 111(d) Plan, as submitted on January 20, 1998, 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 the Georgia State Plan or associated
regulations will not be considered part of the applicable plan until
submitted by the Georgia DNR in accordance with 40 CFR 60.28(a) or (b),
as applicable, and until
[[Page 63416]]
approved by EPA in accordance with 40 CFR part 60, subpart B.
The 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, the EPA is proposing to approve the revision
should significant, material, and adverse comments be filed. This
action will be effective January 12, 1999, unless by December 14, 1998,
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting 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 January 12, 1999.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order 12866, entitled
Regulatory Planning and Review.
B. Executive Order 13045
This final rule is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety
Risks, because it is not an ``economically significant'' action under
Executive Order 12866.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
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 small governmental
jurisdictions.
Pursuant to section 605(b) of the RFA I certify that this rule will
not have a significant economic impact on a substantial number of small
entities. This Federal action approves pre-existing requirements under
Federal, State, or Local law and imposes no new requirements on any
entity affected by this rule, including small entities. Therefore,
these amendments will not have a significant impact on a substantial
number of small entities.
D. 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
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.
E. Submission to Congress and the Comptroller General
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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
F. 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 January 12, 1999. 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 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, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Methane, Municipal
solid waste landfills, Nonmethane organic compounds, Reporting and
recordkeeping requirements.
Dated: September 21, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 62 of the Code of Federal Regulations 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 L--Georgia
2. Section 62.2600 is amended by adding paragraphs (b)(5) and
(c)(4) to read as follows:
Sec. 62.2600 Identification of plan.
* * * * *
(b) * * *
(5) State of Georgia Plan for Implementation of 40 CFR Part 60,
Subpart Cc, For Existing Municipal Solid Waste Landfills, submitted on
January 20, 1998, by the Georgia Department of Natural Resources.
(c) * * *
(4) Existing municipal solid waste landfills.
3. Subpart L is amended by adding a new Sec. 62.2607 and a new
undesignated center heading to read as follows:
Landfill Gas Emissions From Existing Municipal Solid Waste
Landfills
Sec. 62.2607 Identification of sources.
The plan applies to 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.
[FR Doc. 98-30399 Filed 11-12-98; 8:45 am]
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