[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Rules and Regulations]
[Pages 45730-45732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21814]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[LA-39-1-7332a; FRL-5876-3]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants, Louisiana; 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 document approves the Louisiana State Plan for
controlling landfill gas emissions from existing municipal solid waste
(MSW) landfills. The plan was submitted to fulfill the requirements of
the Clean Air Act (the Act). The State Plan establishes emission limits
for existing MSW landfills, and provides for the implementation and
enforcement of those limits.
DATES: This action is effective on October 28, 1997, unless notice is
postmarked by September 29, 1997, that someone wishes to submit adverse
or critical comments. If the effective date is delayed, timely notice
will be published in the Federal Register.
ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air
Planning Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733. Copies of the State Plan and other information relevant to
this action are available for inspection during normal hours at the
following locations:
Environmental Protection Agency, Region 6, Air Planning Section (6PD-
L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Air and Radiation Docket and Information Center, Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460.
Louisiana Department of Environmental Quality, Air Quality Program,
7290 Bluebonnet Blvd., Baton Rouge, Louisiana 70810.
Anyone wishing to review this State Plan at the EPA office is asked
to contact the person below to schedule an appointment 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Lt. Mick Cote, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, telephone (214) 665-7219.
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 not later than 9 months after EPA
promulgates the EG. On March 12, 1996, EPA promulgated the EG as 40 CFR
part 60, subpart Cc. Thus, the State Plans were due no later than
December 12, 1996. The State of Louisiana submitted its State Plan to
EPA on December 20, 1996.
Under section 111(d) of the Act, the EPA established procedures
whereby States submit plans to control existing sources of designated
pollutants. Designated pollutants are defined as pollutants which are
not included on a list published under section 108(a) of the Act (i.e.,
National Ambient Air Quality Standard pollutants), but to which a
standard of performance for new sources applies under section 111.
Under section 111(d), emission standards are to be adopted by the
States and submitted to EPA for approval. The standards limit the
emissions of designated pollutants from existing facilities which, if
new, would be subject to the New Source Performance Standards (NSPS).
Such facilities are called designated facilities.
The procedures under which States submit these plans to control
existing sources are defined in 40 CFR part 60, subpart B. According to
subpart B, the States are required to develop plans within Federal
guidelines for the control of designated pollutants. The EPA publishes
guideline documents for development of State emission standards along
with the promulgation of any NSPS for a designated pollutant. These
guidelines apply to designated pollutants and include information such
as a discussion of the pollutant's effects, description of control
techniques and their effectiveness, costs and potential impacts. Also
as guidance for the States, recommended emission limits and times for
compliance are set forth, and control equipment which will achieve
these emission limits are identified. The emission guidelines for
landfill gas are promulgated in 40 CFR part 60. The final section
111(d) emission standards and guidelines for landfill gas were
promulgated on March 12, 1995 (61 FR 9905), and codified in the CFR at
40 CFR subparts WWW and Cc, respectively. The emission guideline's
specified limits for landfill gas requires affected facilities to
operate a control system designed to reduce collected non-methane
organic compounds (NMOC) concentrations by 98 weight-percent, or reduce
the outlet NMOC concentration to 20 parts per million or less, using
the test methods specified under Sec. 60.754(d).
II. Analysis of State Submittal
The official procedures for adoption and submittal of State Plans
are codified in 40 CFR part 60, subpart B. The EPA promulgated the
original provisions on November 17, 1975, and then amended them on
December 19, 1995, to incorporate changes specific to solid waste
incineration. These changes, which were necessary to conform with the
solid waste incineration requirements under section 129 of the Act, are
not relevant to MSW landfills. Thus, the procedures described in the
original provisions for adopting and submitting State Plans still apply
to MSW landfills and are reflected in 40 CFR part 60, subpart B,
Secs. 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.
The Louisiana State Plan includes documentation that all applicable
subpart B requirements have been met. Please see the evaluation report
for a detailed description of EPA's analysis of the Plan's compliance
with the subpart B requirements.
The Louisiana Department of Environmental Quality (LDEQ) cross-
referenced both the NSPS and EG to adopt the requirements of the
Federal rule. The State has ensured, through this cross-reference
process, that all the applicable requirements of the Federal rule have
been adopted into the State Plan. The emission limits, reporting and
recordkeeping requirements, and other aspects of the Federal rule have
been adopted into LAC 33.III.3003B, Table 2, as part of the AQ 145
State Implementation Plan revision.
Subpart Cc requires affected existing landfills to be capable of
attaining the specified level of emissions within 30 months after the
State Plan is federally approved. For compliance schedules for MSW
landfills extending more than 12
[[Page 45731]]
months beyond the date required for submittal of the plan (December 12,
1996), the compliance schedule must include legally enforceable
increments of progress towards compliance for that MSW landfill. Each
increment of progress in Sec. 60.21(h) of subpart B must have a
compliance date and must be included as an enforceable date in the
State Plan. As an alternative, the State must negotiate specific dates
for the increments of progress on a facility by facility basis, and
submit them to the public participation process. A revision to
Louisiana's State Plan must be submitted to EPA once the dates for the
increments of progress are established. The State Plan may include such
additional increments of progress as may be necessary to permit close
and effective supervision of progress towards final compliance.
Louisiana must submit an updated source inventory once the affected
facilities have reported their design capacities and NMOC emissions as
required under 40 CFR part 60, subpart Cc (60.35c). In addition, Title
V permit applications for the affected facilities are due within one
year from the due date of the design capacity reports.
III. Final Action
In this final action EPA is promulgating a revision to the
Louisiana State Plan and the Code of Federal Regulations, part 62, to
adopt the Louisiana State Plan for the control of landfill gas from MSW
landfills. On December 20, 1996, the State of Louisiana submitted to
EPA a plan identifying the existing MSW landfills in the State and
establishing standards for the control of landfill gas emissions from
these facilities. On January 7, 1997, the LDEQ transmitted the adopted
rule associated with the earlier plan submission. The plan entitled:
``Municipal Solid Waste Landfill Section 111(d) Plan'' and LAC
33.III.3003B, Table 2, the cross-reference to 40 CFR part 60, subparts
Cc and WWW, are the regulatory elements of the Louisiana 111(d) Plan.
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 (E.O.) 12866
The Office of Management and Budget 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. See 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, 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,
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.
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
Federal 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
Under 5 U.S.C. section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office 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. section 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 28, 1997. 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) of the Act.
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: August 11, 1997.
Jerry Clifford,
Acting Regional Administrator.
40 CFR Part 62, Subpart T, is amended as follows:
PART 62--[AMENDED]
Subpart T--Louisiana
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
2. Section 62.4620 is amended by adding paragraph (b)(4) to read as
follows:
Sec. 62.4620 Identification of Plan.
* * * * *
(b) * * *
[[Page 45732]]
(4) Control of landfill gas emissions from existing municipal solid
waste landfills, submitted on December 9, 1996, and the associated rule
adopted by the State on December 20, 1996 (LAC 33.III.3003B, Table 2).
* * * * *
3. A new center heading consisting of Secs. 62.4631 and 62.4632 is
added to read as follows:
Sec. 62.4931 Identification of sources.
The plan applies to all existing municipal solid waste landfills
with design capacities greater than 2.5 million megagrams and non-
methane organic emissions greater than 50 megagrams per year as
described in 40 CFR part 60, subpart Cc.
Sec. 62.4932 Effective date.
The effective date of the portion of the plan applicable to
existing municipal solid waste landfills is October 28, 1997.
[FR Doc. 97-21814 Filed 8-28-97; 8:45 am]
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