[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Rules and Regulations]
[Pages 64628-64632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31074]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[IL173-1a; FRL-6191-1]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Illinois; Control of Landfill Gas Emissions
From Existing Municipal Solid Waste Landfills
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The USEPA is approving the Illinois State Plan submittal for
implementing the Municipal Solid Waste (MSW) Landfill Emission
Guidelines. The State's plan was submitted to USEPA on July 21, 1998,
in accordance with the requirements for adoption and submittal of State
plans for designated facilities in 40 CFR part 60, subpart B. The state
plan establishes performance standards for existing MSW landfills and
provides for the implementation and enforcement of those standards. The
USEPA finds that Illinois' Plan for existing MSW landfills adequately
addresses all of the Federal requirements applicable to such plans. In
the proposed rules section of this Federal Register, the USEPA is
proposing approval of, and soliciting
[[Page 64629]]
comments on, this approval. If adverse written comments are received on
this action, the USEPA will withdraw this final rule and address the
comments received in response to this action in a final rule based on
the related proposed rule. A second public comment period will not be
held. Parties interested in commenting on this action should do so at
this time. This approval makes the State's rule federally enforceable.
DATES: This ``direct final'' rule is effective on January 22, 1999,
unless USEPA receives adverse written comments by December 23, 1998. If
an adverse written comment is received, USEPA will publish a timely
withdrawal of the rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Copies of the plan and USEPA's analysis are available for
inspection at the U.S. Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois
60604. (Please telephone Randolph O. Cano at (312) 886-6036 before
visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Environmental
Protection Specialist, Regulation Development Section, Air Programs
Branch (AR-18J), USEPA, Region 5, Chicago, Illinois 60604, (312) 886-
6036.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 111(d) of the Clean Air Act (CAA), USEPA 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 CAA) or
hazardous air pollutants (HAPs) regulated under section 112 of the CAA.
As required by section 111(d) of the CAA, USEPA established a
process, at 40 CFR part 60, subpart B (similar to the process required
by section 110 of the CAA regarding State Implementation Plan (SIP)
approval) which States must follow in adopting and submitting a section
111(d) plan. Whenever USEPA promulgates a new source performance
standard (NSPS) that controls a designated pollutant, USEPA establishes
emissions guidelines in accordance with title 40 of the Code of Federal
Regulations, part 60.22 (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 applying to the type of
designated facility must comply with the emission guideline for that
source category as well as 40 CFR part 60, subpart B.
On March 12, 1996, USEPA published emissions guidelines for
existing MSW landfills (EG) 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 9905-9929.).
The NSPS and EG regulate MSW landfill emissions, which contain a
mixture of volatile organic compounds (VOCs), other organic compounds,
methane, and HAPs.
To determine if emissions 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 submit a plan
for the control of the designated pollutant to which the EG applies
within nine months after publication of the EG (i.e. by December 12,
1996). If there were no designated facilities in the State, then the
State was required to submit a negative declaration by December 12,
1996.
On July 21, 1998, the State of Illinois submitted its ``Section
111(d) Plan for MSW Landfills'' for implementing USEPA's MSW Landfill
EG. The following provides a brief discussion of the requirements for
an approvable State plan for existing MSW landfills and USEPA's review
of Illinois' submittal with respect to those requirements. More
detailed information on the requirements for an approvable plan and
Illinois' submittal can be found in the Technical Support Document
(TSD) accompanying this action, which is available from USEPA upon
request.
II. Review of Illinois' MSW Landfill Plan
USEPA has reviewed Illinois' section 111(d) plan for existing MSW
landfills against the requirements of 40 CFR part 60, subpart B and
subpart Cc, as follows:
A. Identification of Enforceable State Mechanism for Implementing the
EG
The regulation at 40 CFR 60.24(a) requires that the section 111(d)
plan include emissions standards, defined in 40 CFR 60.21(f) as ``a
legally enforceable regulation setting forth an allowable rate of
emissions into the atmosphere, or prescribing equipment specifications
for control of air pollution emissions.''
The State of Illinois, through the Illinois Pollution Control Board
(IPCB), has adopted State rules to control air emissions from existing
landfills in the State. The Illinois rules for Municipal Solid Waste
Landfills are primarily found in Title 35: Environmental Protection;
Subtitle B: Air Pollution; Chapter I: Pollution Control Board;
Subchapter C: Emission Standards and Limitations for Stationary
Sources; Part 220: Nonmethane Organic Compounds of the Illinois
Administrative Code (35 IAC). Part 220 was adopted by the IPCB on June
17, 1998 and filed in the principal office on that day. Part 220 was
published in the Illinois Register on July 10, 1998 at 22 Ill. Reg.
11790 and became effective on July 31, 1998. As part of the same
rulemaking action, the IPCB amended 35 IAC Part 201: Permits and
General Provisions; Subpart A: Definitions; Section 201.103 a) by
adding the following abbreviations: Mg = megagrams, M(3) = cubic
meters, NMOC = nonmethane organic compounds, and yr = year. In Section
201.103 b) the conversion factor for 1000 gal was changed from 3.785
cubic meters to 3.785 M(3). In Subpart C: Prohibitions, Section 201.146
was amended by adding paragraph ggg) which states that municipal solid
waste landfills with a maximum total design capacity of less than 2.5
million Mg or 2.5 million M(3) are not required to install a gas
collection and control system pursuant to 35 Ill. Adm. Code 220 or 800
through 849 or Section 9.1 of the [Illinois Environmental Protection]
Act. These amendments were published in the Illinois Register on July
10, 1998 at 22 Ill. Reg. 11824 and became effective on July 31, 1998.
Thus, Illinois has met the requirement of 40 CFR 60.24(a) to have
legally enforceable emission standards.
[[Page 64630]]
B. Demonstration of the State's Legal Authority to Carry Out the
Section 111(d) State Plan as Submitted
40 CFR 60.26 requires the section 111(d) plan to demonstrate that
the State has legal authority to adopt and implement the emission
standards and compliance schedules.
The State has demonstrated that the IPCB has sufficient authority
to adopt rules governing MSW landfills and that the Illinois
Environmental Protection Agency (IEPA) has sufficient legal authority
to enforce these rules and to develop and administer this MSW landfill
plan. The State statutes providing such authority are sections 4, 9.1,
and 10 of the Environmental Protection Act.
C. Inventory of Existing MSW Landfills in the State Affected by the
State Plan
The regulation at 40 CFR 60.25(a) requires the section 111(d) plan
to include a complete source inventory of all existing MSW landfills
(i.e., those MSW landfills that constructed, reconstructed, or modified
prior to May 30, 1991) in the State that are subject to the plan. This
includes all existing landfills that have accepted waste since November
8, 1987, or that have additional capacity for future waste deposition.
A list of the existing MSW landfills in Illinois and an estimate of
NMOC emissions from each landfill have been submitted as part of the
State's landfill 111(d) plan.
D. Inventory of Emissions from Existing MSW Landfills in the State
The regulation at 40 CFR 60.25(a) requires that the plan include an
emissions inventory that estimates emissions of the pollutant regulated
by the EG, which in the case of MSW landfills is NMOC. Illinois
included as attachment 2 of its section 111(d) plan an estimation of
NMOC emissions for all of the landfills in the State using testing
performed by the company or Landfill Air Emissions Estimation Model and
AP-42 default emission factors.
E. Emission Limitations for MSW Landfills
The regulation at 40 CFR 60.24(c) specifies that the State plan
must include emission standards that are no less stringent than the EG
(except as specified in 40 CFR 60.24(f) which allows for less stringent
emission limitations on a case-by-case basis if certain conditions are
met). 40 CFR 60.33c contains the emissions standards applicable to
existing MSW landfills.
The state regulation at 35 IAC 220.220 requires existing MSW
landfills to comply with the same equipment design criteria and level
of control as prescribed in the NSPS. The controls required by the NSPS
are the same as those required by the EG. Thus, the emission
limitations/standards are ``no less stringent than'' subpart Cc, which
meets the requirements of 40 CFR 60.24(c).
The regulation at part 60.24(f) allows States, in certain case-by-
case situations, to provide for a less stringent standard. To account
for this provision, in order to seek a less stringent standard, or
longer compliance schedule, the Illinois Rule requires an owner/
operator to submit a written request to the IPCB.
Thus, Illinois' plan meets the emission limitation requirements by
requiring emission limitations that are no less stringent than the EG.
F. A Process for State Review and Approval of Site-Specific Gas
Collection and Control System Design Plans
The provision of the EG at 40 CFR 60.33c(b) requires State plans to
include a process for State review and approval of site-specific design
plans for required gas collection and control systems.
Illinois rules regulating landfill gas emissions from MSW landfills
essentially make the Federal NSPS applicable to existing MSW landfills.
The design criteria and the design specifications for active collection
systems specified in the NSPS also apply to existing landfills, unless
a request pursuant to 40 CFR 60.24(f) has been approved by the State.
The process for State review and approval of site specific gas
collection and control systems are specified in the State's
preconstruction permit review process at 35 IAC 201 and 35 IAC 220.280
entitled Reporting Requirements.
Thus, Illinois' section 111(d) plan adequately addresses this
requirement.
G. Compliance Schedules
The State's section 111(d) plan must include a compliance schedule
that owners and operators of affected MSW landfills must meet in
complying with the requirements of the plan. The regulation at 40 CFR
60.36c provides that planning, awarding of contracts, and installation
of air emission collection and control equipment capable of meeting the
EG must be accomplished within 30 months of the effective date of a
State emission standard for MSW landfills. Under 40 CFR 60.24(e)(1) any
compliance schedule extending more than 12 months from the date
required for plan submittal shall include legally enforceable
increments of progress as specified in 40 CFR 60.21(h), including
deadlines for submittal of a final control plan, awarding of contracts
for emission control systems, initiation of on-site construction or
installation of emission control equipment, completion of on-site
construction/installation of emission control equipment, and final
compliance.
Sources are required to submit applications for a construction
permit by 35 IAC 220.280. Completion of installation and performance
are required within 30 months. Thus, the State's rule satisfies the
requirement of 40 CFR 60.36c.
H. Testing, Monitoring, Recordkeeping and Reporting Requirements
The regulation at 40 CFR 60.34c specifies the testing and
monitoring provisions that State plans must include (60.34c
specifically refers to the requirements found in 40 CFR 60.754 to
60.756), and 40 CFR 60.35c specifies the reporting and recordkeeping
requirements (60.35c refers to the requirements found in 40 CFR 60.757
and 60.758). The following sections of the Illinois rule satisfy these
requirements: Section 220.280 Reporting Requirements and Section
220.290 Recordkeeping Requirements. Thus, the State's rule satisfies
the requirements of 40 CFR 60.34c.
I. A Record of Public Hearings on the State Plan
The regulation at 40 CFR 60.23 contains the requirements for public
hearings that must be met by the State in adopting a section 111(d)
plan. Additional guidance is found in USEPA's ``Summary of the
Requirements for Section 111(d) State Plans for Implementing the
Municipal Solid Waste Landfill Emission Guidelines (EPA-456R/96-005,
October 1996).'' Illinois included documents in its plan submittal
demonstrating that these procedures, as well as the State's
administrative procedures, were complied with in adopting the State's
plan. Therefore, USEPA finds that Illinois has adequately met this
requirement.
J. Submittal of Annual State Progress Reports to USEPA
The regulation at 40 CFR 60.25(e) and (f) requires States to submit
to USEPA annual reports on the progress of plan enforcement. Illinois
committed in its section 111(d) plan to submit annual progress reports
to USEPA. The first progress report will be submitted by the State one
year after USEPA approval of the State plan. Therefore, USEPA finds
that Illinois has adequately met this requirement.
[[Page 64631]]
III. Final Action
Based on the rationale set forth above, and discussed in further
detail in the associated TSD, USEPA is approving Illinois' July 21,
1998 section 111(d) plan for the control of landfill gas from existing
MSW landfills. As provided by 40 CFR 60.28c, any revisions to Illinois'
section 111(d) plan or associated regulations will not be considered
part of the applicable plan until properly submitted by the State in
accordance with 40 CFR 60.28(a) or (b), and approved by USEPA in
accordance with 40 CFR part 60, subpart B.
USEPA is publishing this action without prior proposal because
USEPA views this as a noncontroversial revision and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, USEPA is proposing to approve the State Plan
should adverse written comments be filed. This action will be effective
without further notice unless USEPA receives relevant adverse written
comment by December 23, 1998. Should USEPA receive such comments, it
will publish a final rule informing the public that this action will
not take effect. 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 on January 22, 1999.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875: Enhancing Intergovernmental Partnerships
Under E.O. 12875, USEPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, USEPA must provide to the OMB
a description of the extent of USEPA's prior consultation with
representatives of affected State, local and tribal governments, the
nature of their concerns, copies of any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, E.O. 12875 requires USEPA to develop an
effective process permitting elective officials and other
representatives of State, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under E.O. 13084, USEPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on these communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
USEPA must provide to the OMB in a separately identified section of the
preamble to the rule, a description of the extent of USEPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, E.O. 13084 requires USEPA to
develop an effective process permitting elected and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
E.O. 13084 do not apply to this rule.
D. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that
USEPA has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
This rule is not subject to E.O. 13045 because it is does not
involve decisions intended to mitigate environmental health or safety
risks.
E. 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. This direct final rule will not have a significant
impact on a substantial number of small entities because plan approvals
under section 111(d) do not create any new requirements but simply
approve requirements that the State is already imposing. Therefore,
because the Federal approval does not create any new requirements, I
certify that this action will not have a significant economic impact on
a substantial number of small entities. Moreover, due to the nature of
the Federal-State relationship under the CAA preparation of a
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of a State action. The CAA forbids USEPA to base its
actions such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246,
255-66 (1976); 42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, USEPA
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 USEPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The USEPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated annual 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
[[Page 64632]]
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
G. 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. The USEPA 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 the 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 rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 22, 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: October 28, 1998.
David A. Ullrich,
Acting Regional Administrator, Region 5.
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 et seq.
Subpart O--Illinois
2. A new center heading and sections 62.3330, 62.3331, and 62.3332
are added to read as follows:
Landfill Gas Emissions From Existing Municipal Solid Waste
Landfills
Sec. 62.3330 Identification of plan.
The Illinois Plan for implementing the Federal Municipal Solid
Waste Landfill Emission Guidelines to control air emissions from
existing landfills in the State was submitted on July 21, 1998. The
Illinois rules for Municipal Solid Waste Landfills are primarily found
in Title 35: Environmental Protection; Subtitle B: Air Pollution;
Chapter I: Pollution Control Board; Subchapter C: Emission Standards
and Limitations for Stationary Sources; Part 220: Nonmethane Organic
Compounds of the Illinois Administrative Code (35 IAC). Part 220 was
adopted by the IPCB on June 17, 1998 and filed in the principal office
on that day. Part 220 was published in the Illinois Register on July
10, 1998 at 22 Ill. Reg. 11790 and became effective on July 31, 1998.
As part of the same rulemaking action, the IPCB amended 35 IAC Part
201: Permits and General Provisions; Subpart A: Definitions; Section
201.103 (a) by adding the following abbreviations: Mg = megagrams, M(3)
= cubic meters, NMOC = nonmethane organic compounds, and yr = year. In
Section 201.103 (b) the conversion factor for 1000 gal was changed from
3.785 cubic meters to 3.785 M(3). In Subpart C: Prohibitions, Section
201.146 was amended by adding paragraph (ggg) which states that
municipal solid waste landfills with a maximum total design capacity of
less than 2.5 million Mg or 2.5 million M(3) are not required to
install a gas collection and control system pursuant to 35 Ill. Adm.
Code 220 or 800 through 849 or Section 9.1 of the [Illinois
Environmental Protection] Act. These amendments were published in the
Illinois Register on July 10, 1998 at 22 Ill. Reg. 11824 and became
effective on July 31, 1998.
Sec. 62.3331 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 consistent with 40 CFR part 60.
Sec. 62.3332 Effective date.
The effective date of the plan for municipal solid waste landfills
is January 22, 1999.
[FR Doc. 98-31074 Filed 11-20-98; 8:45 am]
BILLING CODE 6560-50-P
