[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Rules and Regulations]
[Pages 50453-50457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24041]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[DE037-1015a; FRL-6439-2]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Delaware; Control of 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 (MSW) landfill
111(d) plan submitted by the Delaware Department of Natural Resources
and Environmental Control (DNREC) on April 23, 1998. The plan was
submitted to fulfill requirements of the Clean Air Act (CAA). The
Delaware plan establishes emission limits for existing MSW landfills,
and provides for the implementation and enforcement of those limits.
DATES: This final rule is effective November 16, 1999 unless by October
18, 1999 adverse or critical comments are received. 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: Comments may be mailed to Walter Wilkie, Acting Chief,
Technical Assessment Branch, Mailcode 3AP22, Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
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, 1650 Arch Street, Philadelphia, Pennsylvania; and the
Department of Natural Resources and Environmental Control's offices at
715 Grantham Lane, New Castle; and 89 Kings Highway, Dover, Delaware.
FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 814-2190, or
by e-mail at topsale.jim@epamail.gov.
SUPPLEMENTARY INFORMATION: This document is divided into Sections I-V
and answers the questions posed below.
I. General Provisions
What is EPA approving?
What is a State 111(d) plan?
What pollutant(s) will this action control?
What are the expected environmental and public health benefits
from controlling landfill gas (LFG) emissions?
II. Federal Requirements the Delaware Department of Natural
Resources and Environmental (DNREC) 111(d) Plan Must Meet for
Approval
What general requirements must the DNREC meet to receive
approval of the Delaware MSW landfill 111(d) plan?
What does the Delaware State plan contain?
Does the Delaware plan meet all EPA requirements for approval?
III. Requirements for Affected MSW Landfill Owners/Operators
How do I determine if my MSW landfill is subject to the Delaware
111(d) plan?
What general requirements must I meet as an affected landfill
owner/operator who is subject to the EPA approved plan?
If my landfill is subject to the plan's requirement for
installation of a LFG collection and control system, what
[[Page 50454]]
emissions limits must I meet, and in what time frame?
Are there any operational requirements for my installed LFG
collection and control system?
What are the testing, monitoring, recordkeeping, and reporting
requirements for my landfill?
If I modify or expand the capacity of my landfill, what
additional requirements must I meet?
IV. Final EPA Action
V. Administrative Requirements
I. General Provisions
Question (Q): What action is EPA approving?
Answer(A): We are approving the Delaware landfill 111(d) plan, as
submitted on April 23, 1998 by the Delaware Department of Natural
Resources and Environmental Control (DNREC), for the control of non-
methane organic compound (NMOC) emissions from municipal solid waste
(MSW) landfills. We are publishing this action without prior proposal
because we view this as a noncontroversial amendment and anticipate no
adverse comments.
Q. What is a State 111(d) plan?
A. Section 111(d) of the CAA requires that ``designated''
pollutants, controlled under Section 111(b) standards of performance
for new stationary sources, must also be controlled at existing sources
(i.e., designated facilities) in the same source category. Furthermore,
Section 111(d) requires EPA to establish procedures for state submittal
and EPA approval of state plans that implement emissions guidelines
(EG) for the control of designated pollutants and facilities. State
111(d) plans, approved by EPA, implement and provide for federal
enforceability of the EG requirements.
Q. What pollutant(s) will this action control?
A. The EG promulgated by EPA on March 12, 1996 are applicable to
existing municipal solid waste (MSW) landfills (i.e., the designated
facilities) that emit landfill gas (LFG). LFG consists primarily of
carbon dioxide, methane, and nonmethane organic compounds (NMOC). MSW
landfills are the largest manmade source of methane emissions in the
United States. The designated pollutant, NMOC, is a mixture of more
than 100 different compounds, including volatile organic compounds
(VOC), and hazardous pollutants (HAPs), such as vinyl chloride,
toluene, and benzene. A collateral benefit in the control of NMOC is
the control of methane.
Q. What are the expected environmental and public health benefits
from controlling LFG emissions?
A. Studies indicate that MSW landfill gas (LFG) emissions can at
certain levels have adverse effects on both public health and welfare.
EPA presented its concerns with the health and welfare effects of
landfill gases in the preamble to the proposed MSW landfill regulations
(56 FR 24468). As noted above, MSW landfills emit NMOC that contains
HAPs, and VOC, which include odorous compounds. Exposure to HAPs can
lead to cancer, respiratory irritation, and damage to the nervous
system. VOC emissions contribute to ozone formation which can result in
adverse affects on human health and vegetation. Methane contributes to
global climate change and can also result in fires or explosions, if
the gas accumulates in structures, on or off the landfill site. The
Delaware 111(d) plan will serve to significantly reduce these potential
problems associated with LFG emissions.
II. Federal Requirements the Delaware Department of Natural
Resources and Environmental Control (DNREC) 111(d) Plan Must Meet
for Approval
Q. What general requirements must the DNREC meet to receive
approval of the Delaware MSW landfill 111(d) plan (i.e., the plan)?
A. Detailed procedures for submitting and approving State plans
were promulgated by EPA in 40 CFR Part 60, Subpart B. The MSW landfill
EG, Subpart Cc, and the related new source performance standards
(NSPS), Subpart WWW, were promulgated on March 12, 1996, and amended on
June 16, 1998 and February 24, 1999. More specifically, the Delaware
plan must meet the requirements of 40 CFR Part 60, Subpart Cc, Sections
60.30c through 60.36c, and the related Subpart WWW; and 40 CFR part 60,
Subpart B, Sections 60.23 through 26.
State MSW landfill 111(d) plans submittals were due at EPA on
December 12, 1996, as required under the provisions of Section 111(d)
of the CAA and 40 CFR part 60, Subpart B, and the March 16, 1997
promulgated MSW landfill EG, Subpart Cc. As a result of litigation over
the landfill rule, 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. Pursuant to the proposed settlement
agreement, EPA published in the Federal Register a direct final
rulemaking on June 16, 1998, in which EPA amended 40 CFR part 60,
Subparts Cc and WWW, to add clarifying language, make editorial
amendments, and to correct typographical errors. The proposed
settlement did not vacate or void the March 12, 1996 MSW landfill EG or
NSPS. Furthermore, as stated in the June 16, 1998, preamble, the
amendments to 40 CFR part 60, Subparts Cc and WWW, do not significantly
modify the requirements of those Subparts. See 63 FR 32743-32753,
32783-32784. In part, these amendments clarified the EG regulatory text
with respect to landfill mass and volume applicability and Title V
permit requirements. On February 24, 1999 (64 FR 9258), EPA again
amended the MSW landfill rule to further clarify the regulatory text
and correct errors with respect to the due date for the submittal of
the initial landfill design capacity and emissions rate reports, and
the definition of landfill ``modification''.
Q. What does the Delaware State Plan contain?
A. Consistent with the requirements of Subpart B and Cc, as
amended, the Delaware Plan contains the following:
1. A demonstration of the State's legal authority to implement the
Section 111(d) State Plan;
2. Regulation No.20, Section 28 as the enforceable mechanism;
3. A source inventory of known designated facilities, including
NMOC emissions rate estimates;
4. Emission collection and control requirements that are no less
stringent than those in Subpart Cc;
5. A description of the Delaware process for the review and
approval of site-specific gas collection and control design plans;
6. A source compliance schedule that requires final compliance no
later than September 30, 1998;
7. Source testing, monitoring, recordkeeping, and reporting
requirements;
8. Records of the public hearings on the State Plan; and
9. Provisions for State submittal to EPA of annual progress reports
on plan enforcement.
On April 11, 1998, the DNREC MSW landfill regulation (Regulation
20, Section 28) became effective. The regulation applies to existing
MSW landfills and incorporates by reference (IBR) related and
applicable new source performance standards, Subpart WWW, requirements.
Q. Does the Delaware plan meet all EPA requirements for approval?
A. Yes. The DNREC has submitted a 111(d) plan that conforms to all
Subpart B and Cc requirements cited above.
[[Page 50455]]
Each of the above listed plan elements is approvable. Details regarding
the approvability of plan elements are included in the technical
support document (TSD) associated with this action. Copies of the TSD
are available, upon request, from the EPA Regional Office listed in the
ADDRESSES portion of this document.
With respect to the plan's conformance with the June 16, 1998, and
February 24, 1999 amended EG, the DNREC has submitted letters to EPA
clarifying DNREC's authority under State law, requesting approval of
the currently submitted plan, and committing to a revision of the
Delaware landfill regulation in order to clarify its requirements in
the context of the EG amendments. As discussed above, the June 16, 1998
amended EG added clarifying language, made editorial amendments, and
corrected typographical errors. These amendments relate to four
substantive changes: (1) Landfill mass ``and'' volume applicability
threshold language, (2) timely Title V permit applications, (3) the
definition of landfill ``modification'', and (4) the due date for
submittal of initial design capacity and NMOC emissions rate reports.
Regarding the first amendment, a change of ``or'' to ``and'' in the
EG mass and volume applicability language in affect relaxes the EG
applicability requirements and standards. Under the amended EG, if the
landfill design capacity is equal to or greater than 2.5 million
megagrams ``and'' 2.5 million cubic meters, the landfill owner/operator
must submit a timely initial NMOC emissions rate report in order to
determine the need for installation of a collection and control system.
Under Delaware's MSW landfill regulation, the initial NMOC emissions
rate report is submitted if the landfill design capacity is equal to or
greater than 2.5 million megagrams ``or'' 2.5 million cubic meters.
However, the State of Delaware has the authority to impose more
stringent emission standards, compliance schedules, and other
requirements than may be required under federal law. It is important to
note that Subpart B, Sec. 60.24(g)(2), states that nothing in this
subpart shall be construed to preclude any State from adopting or
enforcing emission standards that are more stringent than the EG
specified in Subpart C (e.g., MSW landfills under Subpart Cc), or
requiring final compliance at earlier times than those specified in
Subpart C, or in applicable guideline documents. Furthermore,
Sec. 60.32c states, ``The designated facility to which the guidelines
apply is each existing MSW landfill for which construction,
reconstruction or modification was commenced before May 30, 1991.'' No
reference is made regarding the design capacity of the landfill. Based
upon the provisions of Sec. 60.24(g)(2), Sec. 60.32c, and Delaware
State law, the DNREC's use of ``or'' in its applicability language is
not cause for EPA disapproval of the its 111(d) plan.
The second substantive EPA EG amendment relates to the need for
timely Title V permit application. The DNREC has submitted a letter to
EPA confirming that its 111(d) Title V permitting requirements are
consistent with those of the June 1998 EG amendments and its December
4, 1995 EPA approved Title V program ( 60 FR 62032).
The third substantive EPA EG amendment relates to the definition of
landfill ``modification''. This definition has significance only when
the landfill new source performance standards (NSPS), Subpart WWW,
applicability requirements are triggered. Therefore, the State need not
incorporate this definition into its MSW regulation 111(d) plan
definitions. NSPS requirements are self-implementing.
The fourth substantive EPA EG amendment relates to the due date for
submittal of the initial design capacity and nonmethane organic
compounds (NMOC) emissions rate reports. The provisions of 40 CFR
60.24(g)(2) allow states to stipulate compliance schedules requiring
final compliance at earlier times than those specified in the EG.
Again, as noted above, the State of Delaware has the authority to
impose more stringent emission standards, compliance schedules, and
other requirements than may be required under federal law. Accordingly,
the DNREC has the authority to impose earlier reporting and compliance
schedule requirements than those stipulated in the EG. This includes
the submittal of initial design capacity and NMOC emissions rate
reports.
In summary, the Delaware plan meets all EPA requirements for
approval.
III. Requirements Affected MSW Landfill Owners/Operators Must Meet
Q. How do I determine if my MSW landfill is subject to the Delaware
111(d) plan?
A. If your MSW landfill was constructed, reconstructed or modified
before May 30, 1991, and received MSW on or after November 8, 1987,
then it is subject to the 111(d) plan.
Q. What general requirements must I meet as an affected landfill
owner/operator who is subject to the EPA approved plan?
A. The plan requires the submittal of an initial design capacity
report. If the design capacity of the landfill is equal to or greater
than 2.5 million megagrams or 2.5 million cubic meters of MSW, the plan
then also requires the submittal of an initial NMOC emissions rate
report. The NMOC emissions rate must be calculated according to methods
specified in the regulation. If your calculated landfill NMOC emissions
rate is 50 megagrams or more per year, you are required to install a
MSW landfill gas collection and control system that meets the design
and operational requirements specified in Regulation 20, Section 28,
which IBR all related and applicable NSPS requirements.
Q. If my landfill is subject to the plan's requirement for
installation of a LFG collection and control system, what emissions
limits must I meet, and in what time frame?
A. You must install a landfill gas collection and control system to
reduce the collected NMOC emissions by 98 weight-percent, or reduce the
emissions from the control device to a concentration of 20 parts per
million by volume, or less, for an enclosed combustor. The installation
of the required collection and control system is required on or before
September 30, 1998. Details regarding compliance schedules are
stipulated in Regulation 20, Section 28(f).
Q. Are there any operation requirements for my installed LFG
collection and control system?
A. Yes, there are operational requirements. These requirements are
summarized below:
1. Operate the collection system wellheads at negative pressure;
2. Operate the interior collection wellheads with a landfill gas
temperature less than 550 deg. C and with either a nitrogen level less
than 20 percent or an oxygen level less than 5 percent;
3. Operate the collection system so that the methane gas
concentration is less than 500 parts per million above background at
the surface of the landfill;
4. Operate the collection system so that the colleted gases are
vented to the control system; and
5. Operate the collection and control system at all times.
Details regarding operational requirements are stipulated at
Regulation 20, Section 28, which IBR all the related and applicable
NSPS requirements.
Q. What are the testing, monitoring, recordkeeping, and reporting
requirements for my landfill?
[[Page 50456]]
A. A summary of these requirements is given below:
1. Performance testing, to determine compliance with 98 weight-
percent efficiency or the 20 ppmv outlet concentration level, must be
completed within 180 days after construction completion on the
collection and control system. Performance and source test methods must
be consistent with EPA test methods, as referenced in the DNREC
landfill regulation.
2. Monitoring of control devise temperature on a continuous basis
is required for enclosed combustion control devices, and flares.
Measurement of the gas flow rate from the collection system to an
enclosed combustion device, or flare, is required at least once every
15 minutes, unless the bypass line valves are secured in a closed
position. Monthly monitoring requirements are specified in the
regulation for the gas collection system. Gas wellhead monitored
parameters include gauge pressure, nitrogen or oxygen concentration,
and temperature. Quarterly monitoring is required of methane surface
concentrations.
3. Reporting requirements are stipulated for landfill design
capacity and NMOC emission rates; submittal of a collection and control
system design plan; system start-up; performance testing; system
operations; closure notification; and equipment removal.
4. On-site recordkeeping is required with respect to maximum design
capacity, current amount of solid waste in-place, year-by-year waste
acceptance rate; life of the control equipment, as measured during the
initial performance test or compliance determination; and control
device specifications until removal.
Details regarding testing, monitoring, recordkeeping, and reporting
requirements are stipulated in Regulation 20, Section 28, which IBR all
the related and applicable NSPS requirements.
Q. If I modify or expand the capacity of my landfill, what
additional requirements must I meet?
A. Any MSW landfill that commences construction, modification, or
reconstruction on or after May 30, 1991 is subject to the EPA NSPS for
landfills, 40 CFR Part 60, Subpart WWW.
IV. Final EPA Action
Based upon the rationale discussed above and in further detail in
the TSD associated with this action, EPA is approving the Delaware MSW
landfill 111(d) plan for the control of landfill gas emissions from
affected facilities. As provided by 40 CFR 60.28(c), any revisions to
the Delaware Section 111(d) plan or associated regulations will not be
considered part of the applicable plan until submitted by the DNREC 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.
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 November 16, 1999 without further notice unless the Agency
receives relevant adverse comments by October 18, 1999. 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 this rule. Only parties interested in commenting on
this rule should do so at this time. If no such comments are received,
the public is advised that this rule will be effective on November 16,
1999 and no further action will be taken on the proposed rule.
V. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order 12866, entitled
``Regulatory Planning and Review.'' Because today's rule does not
create a mandate on state, local or tribal governments, it does not
impose any enforceable duties on these entities. Accordingly, the
requirements of Section 1(a) of Executive Order 12875 do not apply to
this rule. This final rule is not subject to Executive Order 13045
because it is not an economically significant regulatory action as
defined by Executive Order 12866, and it does not address an
environmental health or safety risk that would have a disproportionate
effect on children. Today's rule does not significantly or uniquely
affect the communities of Indian tribal governments. This action does
not involve or impose any requirements that affect Indian Tribes.
Accordingly, the requirements of Section 3(b) of Executive Order 13084
do not apply to this rule. Under the Regulatory Flexibility Act (RFA),
because the Federal 111(d) 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. Under
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act''), EPA 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.
B. 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).
C. 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 November 16, 1999. Filing a petition for
reconsideration by the Administrator of this final rule pertaining to
the Delaware 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.
Dated: September 2, 1999.
W. Michael McCabe,
Regional Administrator, EPA Region III.
40 CFR Part 62 is amended as follows:
[[Page 50457]]
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart I--Delaware
2. A new undesignated center heading and Secs. 62.1950, 62.1951,
and 62.1952 are added to subpart I to read as follows:
Landfill Gas Emissions From Existing Municipal Solid Waste
Landfills (Section 111(d)) Plan)
Sec. 62.1950 Identification of plan.
Section 111(d) plan for municipal solid waste landfills and the
associated Delaware Department of Natural Resources, Division of Air
and Waste Management, Regulation No. 20, Section 28, as submitted on
April 23, 1998.
Sec. 62.1951 Identification of sources.
The plan applies to all Delaware existing municipal solid waste
landfills for which construction, reconstruction, or modification was
commenced before May 30, 1991 and 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. 62.11952 Effective date.
The effective date of the plan for municipal solid waste landfills
is November 16, 1999.
[FR Doc. 99-24041 Filed 9-16-99; 8:45 am]
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