[Federal Register Volume 63, Number 78 (Thursday, April 23, 1998)]
[Rules and Regulations]
[Pages 20100-20101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10855]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[NE 052-1052a; FRL-6002-4]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Nebraska; Control of Landfill Gas Emissions
From Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving the Nebraska plan for implementing the
Municipal Solid Waste (MSW) Landfill Emission Guideline (EG) at 40 CFR
part 60, subpart Cc, which was required pursuant to section 111(d) of
the Clean Air Act (Act). The state's plan was submitted to the EPA on
January 6, 1998, in accordance with the requirements for adoption and
submittal of state plans for designated facilities in 40 CFR part 60,
subpart B. The plan establishes emission limits for existing MSW
landfills, and provides for the implementation and enforcement of those
limits.
DATES: This action is effective June 22, 1998, unless by May 26, 1998,
relevant adverse comments are received.
ADDRESSES: Comments may be mailed to Wayne Kaiser, Environmental
Protection Agency, Air Planning and Development Branch, 726 Minnesota
Avenue, Kansas City, Kansas 66101.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the: Environmental
Protection Agency, Air Planning and Development Branch, 726 Minnesota
Avenue, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 111(d) of the Act, the 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 are set
pursuant to sections 108 and 109 of the Act). As required by section
111(d) of the Act, the 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 approval) which states must follow
in adopting and submitting a section 111(d) plan. Whenever the EPA
promulgates a new source performance standard (NSPS) that controls a
designated pollutant, the EPA establishes EGs 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 EG
for that source category as well as 40 CFR part 60, subpart B.
On March 12, 1996, the EPA published an 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). The pollutant regulated by the NSPS and EG is
MSW landfill emissions, which contain a mixture of volatile organic
compounds, other organic compounds, methane, and hazardous air
pollutants. To determine whether control is required, nonmethane
organic compounds (NMOC) 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, or 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.
II. Analysis of State Submittal
The official procedures for adoption and submittal of state plans
are codified in 40 CFR part 60, subpart B, sections 60.23 through
60.26. Subpart B addresses public participation, legal authority,
emission standards and other emission limitations, compliance
schedules, emission inventories, source surveillance, compliance
assurance and enforcement requirements, and cross-references to the MSW
landfill EG.
On January 6, 1998, the state of Nebraska submitted its section
111(d) plan for MSW landfills for implementing the EPA's MSW landfill
EG.
The Nebraska plan includes documentation that all applicable
subpart B requirements have been met. More detailed information on the
requirements for an approvable plan and Nebraska's submittal can be
found in the Technical Support Document (TSD) accompanying this action,
which is available on request.
The Nebraska plan cross referenced both the NSPS subpart WWW and EG
subpart Cc to adopt the requirements of the Federal rule. The state has
ensured, through this cross referencing process, that all the
applicable requirements of the Federal rule have been adopted into the
state plan. The emission limits, testing, monitoring, reporting and
recordkeeping requirements, and other aspects of the Federal rule have
been adopted. Nebraska rule Chapter 18, 004, contains the applicable
requirements.
Nebraska demonstrated that it has the legal authority to implement
and enforce the applicable requirements. The state provided evidence
that it complied with the public notice and comment requirements of 40
CFR part 60, subpart B.
III. Final Action
Based on the rationale discussed above and in further detail in the
TSD associated with this action, the EPA is approving Nebraska's
January 6, 1998, submittal of its section 111(d) plan for the control
of landfill gas from existing MSW landfills, except those located in
Indian Country.
The EPA is publishing this rule 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, the EPA is publishing a separate document
that will serve as the proposal to approve the state plan revision
should relevant adverse comments be filed. This rule will be effective
June 22, 1998, without further
[[Page 20101]]
notice unless the Agency receives relevant adverse comments by May 26,
1998.
If the EPA receives such comments, then the 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 public is advised
that this rule will be effective on June 22, 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 the 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 has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the
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 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 the 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, the 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, the 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 the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The 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
preexisting 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 Controller General 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. The 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).
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 22, 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 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 9, 1998.
Dennis Grams,
Regional Administrator, Region VII.
Part 62, Chapter I, title 40 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 et seq.
Subpart CC--Nebraska
2. Subpart CC is amended by adding an undesignated center heading
and Sec. 62.6913 to subpart CC to read as follows:
Air Emissions From Existing Municipal Solid Waste Landfills
Sec. 62.6913 Identification of plan.
(a) Identification of plan. Nebraska plan for control of landfill
gas emissions from existing municipal solid waste landfills and
associated state regulations submitted on January 6, 1998.
(b) 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, and have design capacities
greater than 2.5 million megagrams and nonmethane organic emissions
greater than 50 megagrams per year, as described in 40 CFR part 60,
subpart Cc.
(c) Effective date. The effective date of the plan for municipal
solid waste landfills is June 22, 1998.
[FR Doc. 98-10855 Filed 4-22-98; 8:45 am]
BILLING CODE 6560-50-P
