[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Rules and Regulations]
[Pages 17683-17686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9552]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[PA-107-4066a; FRL-5994-4]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants, Allegheny County, Pennsylvania;
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: This action approves the municipal solid waste landfill (MSW)
111(d) plan submitted by the Commonwealth of Pennsylvania on behalf of
Allegheny County for the purpose of controlling landfill gas emissions
from existing MSW landfills. The plan was submitted to fulfill
requirements of the Clean Air Act (the Act). The Allegheny County plan
establishes emission limits for existing MSW landfills, and provides
for the implementation and enforcement of those limits.
DATES: This final rule is effective June 9, 1998 unless within May 11,
1998 adverse or critical comments are received. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to Makeba A. Morris, Chief, Technical
Assessment Section, Mailcode 3AP22, Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the following
locations: Air Protection Division, Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania; and
Allegheny County Health Department, Bureau of Environmental Quality,
Division of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania
15201.
FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 566-2190, or
by e-mail at topsale.james@epamail.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Act requires that States submit plans to EPA to implement and
enforce the Emission Guidelines (EG) promulgated for MSW landfills
pursuant to Section 111(d) of the Act. Section 111(d) requires that the
State submit the State Plan no later than 9 months after EPA
promulgates the EG. On March 12, 1996, EPA promulgated the EG as 40 CFR
part 60, subpart Cc. Accordingly, State Plans were due no later than
December 12, 1996.
Under section 111(d) of the Act, the EPA established procedures
whereby States submit plans to control existing sources of designated
pollutants. A designated pollutant is defined as any air pollutant,
emissions of which are subject to a standard of performance for new
stationary sources, but for which air quality criteria have not been
issued, and which is not included on a list published under section
108(a) or section 112(b)(1)(A) of the Clean Air Act. Accordingly, under
the Clean Air Act, designated pollutants are regulated under section
111(d), criteria pollutants under section 108, and hazardous air
pollutants (HAPS) under section 112. As required by section 111(d) of
the Act, EPA established a process at 40 CFR part 60, subpart B,
similar to the process required by section 110 of the Act (regarding
State Implementation Plan (SIP) approval) which States must follow in
adopting and submitting a section 111(d) plan. Whenever EPA promulgates
a new source performance
[[Page 17684]]
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 category as well as 40 CFR part 60, subpart B (40 CFR 60.23
through 60.26).
On March 12, 1996, EPA published Emission Guidelines (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
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. To determine whether 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 60.32c) for
which construction, reconstruction or modification was commenced before
May 30, 1991. The MSW landfill EG specify limits for landfill gas and
require affected facilities to operate a control system designed to
reduce collected NMOC concentrations by 98 weight-percent, or reduce
the outlet NMOC concentration to 20 parts per million volume or less,
using the test methods specified under section 60.754(d). 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, in this case 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.
Since the Summer of 1996, EPA has been involved in litigation over
the requirements of the MSW landfill rule. On November 13, 1997, in
accordance with section 113(g) of the CAA, EPA issued a document in the
Federal Register (62 FR 60898) of a proposed settlement in National
Solid Wastes Management Association v. Browner, et al., No. 96-1152
(D.C. Cir). It is important to note that the proposed settlement does
not vacate or void the existing landfill rule. Accordingly, the
currently promulgated MSW landfill EG and compliance times, 40 CFR part
60, subpart Cc, are used as a basis for EPA approval of the Allegheny
County, Pennsylvania MSW Landfill 111(d) Plan.
On October 23, 1997, the Commonwealth of Pennsylvania submitted on
behalf of Allegheny County, the County's Section 111(d) plan for MSW
landfills for implementing EPA's MSW landfill EG. The following
provides a brief discussion of the requirements for an approvable State
plan for existing MSW landfills and EPA's review of Allegheny County's
submittal through the Pennsylvania Department of Environmental
Protection (PADEP) with respect to those requirements. More detailed
information on the requirements for an approvable plan and Allegheny
County's submittal can be found in the Technical Support Document (TSD)
accompanying this rulemaking, which is available upon request from the
EPA Regional Office listed in the ADDRESSES section of this notice.
II. Review of the Allegheny County MSW Landfill Plan
EPA has reviewed the Allegheny County's section 111(d) plan for
existing MSW landfills in the context of the requirements of 40 CFR
part 60, subpart B and subpart Cc as follows:
A. Identification of Enforceable State Mechanisms Selected by the State
for Implementing the EG
The Allegheny County MSW landfill 111(d) plan will use County
Health Department Regulations as the ``enforceable mechanism'' to meet
the requirements of the MSW landfill EG. The landfill NSPS (subpart
WWW) and EG (subpart Cc) have identical requirements, except for
certain compliance times and requirements relating to the determination
of prevention of significant deterioration (PSD) related NMOC emission
rates. Accordingly, the County has incorporated by reference subpart
WWW requirements into a new regulation (Article XXI, section 2105.73)
that has applicability to both new and existing landfills. The
regulation also includes the required increments of progress leading
towards compliance for each affected (i.e., existing) landfill. The
ACHD regulation meets the requirements of 40 CFR 60.24(a) for an
enforceable mechanism.
B. Demonstration of Legal Authority
The Allegheny County Health Department (ACHD) has the authority to
make and enforce regulations to implement this plan through the
authority of the Pennsylvania Air Pollution Control Act, Local Health
Administration Law, Second Class County Code, and the Rules and
Regulations of the Allegheny County Health Department. Under these
regulations the County can obtain information necessary to determine
compliance, conduct inspections, and make emissions data available to
the public. This meets the requirements of 40 CFR 60.26.
C. Inventory of MSW Landfills in Allegheny County Affected by the EG
The ACHD identified three (3) existing MSW landfills that are
subject to the 111(d) plan. There is a fourth landfill (i.e., USA
Waste--Arnoni Brothers) that crosses into Allegheny County. However,
this landfill is located primarily outside Allegheny County, and
because of that, by mutual agreement, the Pennsylvania Department of
Environmental Protection (PADEP) will include the landfill in its MSW
landfill 111(d) plan and maintain all permits for the subject source.
Existing MSW landfills are those that were constructed, reconstructed,
or modified prior to May 30, 1991, and have accepted waste at any time
since November 8, 1987, or that have additional capacity for future
waste deposition. The submitted Allegheny County landfill inventory of
sources meets the requirement of 40 CFR 60.25(a).
D. Inventory of Emissions From MSW Landfills in Allegheny County
The County 111(d) plan contains information on estimated NMOC
emission rates in tons per year (TPY) for each existing landfill. This
meets the emission inventory requirements of 40 CFR 60.25(a).
E. Emission Limitations for MSW Landfills
The ACHD MSW landfill regulation (i.e., Article XXI, section
2105.73) contains the emission limitations established in the EG.
Existing landfills having design capacities greater than or equal to
2.5 million megagrams (Mg) by mass and 2.5 million cubic meters
(m3) by volume and an NMOC emissions rate of 50 Mg/year or
greater must install a gas collection and control system. This meets
the requirement of 40 CFR 60.24(c) that the State plan includes
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). No
[[Page 17685]]
exception was requested by Allegheny County for any of its existing
landfills.
F. A State Process of Review and Approval of Site-Specific Gas
Collection and Control System Design Plans
The submitted Allegheny County 111(d) plan describes a process for
the review and approval of site-specific design plans for gas
collection and control systems. When an affected source in Allegheny
County is required to submit a collection and control plan, it will be
notified of its requirement to submit an installation permit
application. The ACHD process consists of (1) reviews of submitted
permit application for completeness and technical adequacy, (2)
procedures to request additional information, (3) an opportunity for
public comment, and (4) the issuance or denial of a permit as
delineated in Article XXI, Chapters 2 and 3. The described process
meets the requirements of 40 CFR 60.33c(b).
G. Compliance Schedule
The final compliance date and enforceable increments of progress
under the 111(d) plan are tied to the effective date of the County's
MSW landfill regulation (Article XXI, section 2105.73).
Reporting and Required Increments of Progress
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Action item Compliance date
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Submit Design Capacity Report........ Within 90 days of the effective
date of Article XXI Regulation.*
Submit NMOC Emission Rate Report..... As above.
Submit Collection and Control Design Within 1 year after NMOC
Plan. emissions 50 Mg/yr.
Award Contracts for Construction of No later than 20 months after the
Collection and Control System. date the NMOC emissions rate is
first calculated to exceed or
equal 50 Mg/yr.
Start on-site construction of the No later than 24 months after the
collection and control system. date the NMOC emissions rate is
first calculated to exceed or
equal 50 Mg/yr.
Complete construction................ No later than 28 months after the
date the NMOC emissions rate is
first calculated to exceed or
equal 50 Mg/yr.
Final compliance date................ No later than 30 months after the
date the NMOC emissions rate is
first calculated to exceed or
equal 50 Mg/yr.
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*The regulation became effective on August 15, 1997.
A State 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. 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. 40 CFR 60.24(e)(1) provides that 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. The Allegheny County MSW Landfill Regulation establishes
interim and final compliance dates, as required by 40 CFR 60.24(e)(1).
H. Testing, Monitoring, Record Keeping, and Reporting Requirements
The ACHD MSW landfill regulation contains provisions for testing,
monitoring, reporting, and recordkeeping. The provisions are the same
as those in the NSPS, except for PSD emission rate estimates for NMOC.
This exception applies only to existing landfills, and does not void
any applicable PSD requirement for new, reconstructed, or modified
landfills. The ACHD landfill regulation meets the requirements of 40
CFR 60.34c, testing and monitoring, and 60.35c, reporting and
recordkeeping requirements.
I. A Record of Public Hearing on the State Plan
The public hearing for the Allegheny County MSW landfill
regulation, Article XXI, section 2105.73, was held May 19, 1997. The
rule became effective August 15, 1997. The state provided evidence of
complying with public notice and other hearing requirements, including
a record of public comments received. The 40 CFR 60.23 requirement for
a public hearing on the 111(d) plan has been met by Allegheny County.
J. Provision for Annual State Progress Reports to EPA
The County will submit to EPA on an annual basis a report which
details the progress in the enforcement of the 111(d) plan in
accordance with 40 CFR 60.25. The first progress report will be
submitted to EPA one year after the approval of the Allegheny County
MSW landfill regulation by EPA.
III. Final Action
Based on the rationale discussed above and in further detail in the
TSD associated with this action, EPA is approving the Allegheny County
MSW landfill 111(d) plan for the control of landfill gas emissions from
affected facilities. Landfills located in other Pennsylvania counties
will be addressed in separate rulemaking. As provided by 40 CFR
60.28(c), any revisions to Allegheny County section 111(d) plan or
associated regulations will not be considered part of the applicable
plan until submitted by the Commonwealth of Pennsylvania 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, requirements.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the 111(d) plan should
relevant adverse or critical comments be filed. This rule will be
effective June 9, 1998 without further notice unless the Agency
receives relevant adverse comments by May 11, 1998.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule did
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. Only parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the
[[Page 17686]]
public is advised that this rule will be effective on June 9, 1998 and
no further action will be taken on the proposed rule.
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, the EPA may certify that the rule will not have a
significant 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 any small entities affected. Moreover, due to the
nature of the Federal-State relationship under the Act, preparation of
a 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. See Union Electric
Co. v. U.S. EPA, 427 U.S. 246, 255-66 (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
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 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 9, 1998. Filing a petition for
reconsideration by the Administrator of this final rule pertaining to
the Allegheny County MSW landfill 111(d) plan 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, Non-methane organic
compounds, Methane, Municipal solid waste landfills, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 31, 1998.
Stanley L. Laskowski,
Acting Regional Administrator, EPA Region III.
For the reasons set out in the preamble, 40 Part 62, Subpart NN, 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 NN--Pennsylvania
2. A new center heading, consisting of sections 62.9630, 62.9631,
and 62.9632 is added to read as follows:
Landfill Gas Emissions From Existing Municipal Solid Waste Landfills
[Section 111(d) Plan]
Sec. 62.9630 Identification of plan.
Section 111(d) plan for municipal solid waste landfills and the
associated Allegheny County Health Department Regulation in Article
XXI, section 2105.73, as submitted on October 23, 1997, by the
Commonwealth of Pennsylvania.
Sec. 62.9631 Identification of sources.
The plan applies to all Allegheny County, Pennsylvania, existing
municipal solid waste landfills for which construction, reconstruction,
or modification was commenced before May 30, 1991 and have 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. 62.9632 Effective date.
The effective date of the plan for municipal solid waste landfills
is June 9, 1998.
[FR Doc. 98-9552 Filed 4-9-98; 8:45 am]
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