[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Rules and Regulations]
[Pages 29644-29646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14435]
[[Page 29644]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[WY-001-0001a; FRL-6104-7]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Wyoming; 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 Wyoming 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 submitted to EPA on February 13, 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's plan establishes
performance standards for existing MSW landfills and provides for the
implementation and enforcement of those standards. EPA finds that
Wyoming's plan for existing MSW landfills adequately addresses all of
the Federal requirements applicable to such plans.
DATES: This direct final rule is effective on July 31, 1998, unless EPA
receives adverse comment by July 1, 1998. If adverse comment is
received, EPA 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: Written comments may be mailed 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 Air Program, Environmental Protection Agency, Region VIII, 999
18th Street, Suite 500, Denver, Colorado 80202-2466. Copies of the
State documents relevant to this action are available for public
inspection at the Air Quality Division, Wyoming Department of
Environmental Quality, 122 West 25th Street, Cheyenne, Wyoming 82002.
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 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 60.30c-
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
Wyoming's submittal.
II. Analysis of State's Submittal
On February 13, 1998, the State of Wyoming submitted its plan and
regulations (hereafter referred to as the ``State Plan'') for
implementing EPA's MSW landfill EG. The Wyoming State Plan includes the
State's implementing regulations in Section 35 of the Wyoming Air
Quality Standards and Regulations (WAQSR) and supporting documentation
for the other requirements of 40 CFR part 60, subpart B.
Wyoming has adopted provisions in Section 35 of the WAQSR which
incorporate all of the requirements of the EG. Wyoming has also adopted
compliance timelines in Section 35(b)(iv) and (e) of the WAQSR to
address 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 provisions, emission limitations, test
methods and procedures, reporting and recordkeeping requirements, and
compliance times. Specifically, Wyoming'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 m3; 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 60.33c(b) and (c)
within thirty months from the effective date of the State regulation
(or, for those existing MSW landfills whose initial NMOC emission rate
is less than 50 Mg/yr on the effective date of the State regulation,
within thirty months after the landfill's
[[Page 29645]]
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 60.23. In addition, as stated above, the State
has adopted emission standards and compliance schedules as an
enforceable State regulation that is no less stringent than the EG.
Consequently, EPA finds that the State Plan and implementing
regulations meet 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 as defined in 18 U.S.C. 1151. 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 Wyoming's submittal 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 Wyoming's plan and
associated regulations, as submitted on February 13, 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 Wyoming'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 approved by EPA in accordance with 40 CFR part 60,
subpart B.
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.
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 State Plan should
adverse comments be filed. This rule will be effective July 31, 1998
without further notice unless the Agency receives adverse comments by
July 1, 1998.
If the EPA receives such comments, then EPA will publish a notice
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. Any 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 July 31, 1998 and no further action will be
taken on the proposed rule.
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. Executive Order 13045
The [proposed/final] rule is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
E.O. 12866.
C. 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 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, the Administrator certifies 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).
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
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.
E. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. section 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. section 804(2).
[[Page 29646]]
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 July 31, 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)).
G. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to
any rule that is (1) likely to be ``economically significant'' as
defined under Executive Order 12866, and (2) the Agency has reason to
believe that the environmental health or safety risk addressed by the
rule may have a disproportionate effect on children. If a 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, ``Protection of Children
from Environmental Health Risks and Safety Risks'' because this is not
an ``economically significant'' regulatory action as defined by E.O.
12866, and because it does not involve decisions on environmental
health or safety risks that may disproportionately affect children.
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: May 21, 1998.
Carol Rushin,
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.
2. Subpart ZZ is added to read as follows:
Subpart ZZ--Wyoming
Sec.
62.12600 Identification of plan.
62.12601 Identification of sources.
62.12602 Effective date.
Subpart ZZ--Wyoming
Landfill Gas Emissions From Existing Municipal Solid Waste
Landfills
Sec. 62.12600 Identification of plan.
Section 35, ``Municipal Solid Waste Landfills,'' of the Wyoming Air
Quality Standards and Regulations and associated documentation
submitted by the State on February 13, 1998.
Sec. 62.12601 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. 62.12602 Effective date.
The effective date of the plan for municipal solid waste landfills
is July 31, 1998.
[FR Doc. 98-14435 Filed 5-29-98; 8:45 am]
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