[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2591-2593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1080]
[[Page 2591]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN64-1a; FRL-5662-7]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On November 21, 1995, the State of Indiana submitted to EPA a
rule for control of Non-Methane Organic Compounds (NMOC) emissions from
municipal solid waste (MSW) landfills in Clark, Floyd, Lake, and Porter
Counties, as a requested revision to the ozone State Implementation
Plan (SIP). This rule is part of the State's 15 percent (%) Rate of
Progress (ROP) plan to control Volatile Organic Compound (VOC)
emissions in Clark and Floyd Counties, and is included in the VOC
contingency plan for Lake and Porter Counties. Emissions of VOC react
with nitrogen oxides in sunlight to form ground-level ozone, commonly
known as smog. Exposure to high ozone concentrations causes respiratory
irritation, especially to children, seniors, and people with asthma and
other respiratory problems. Indiana expects that the control measures
specified in this MSW landfills SIP will reduce VOC emissions by 1,132
pounds per day (lbs/day) in Lake and Porter Counties and 345 lbs/day in
Clark and Floyd Counties. In this action, EPA is approving Indiana's
rule as a direct final action; the rationale for this approval is set
forth below. Elsewhere in this Federal Register, EPA is proposing
approval and soliciting comment on this direct final action; if adverse
comments are received, EPA will withdraw the direct final and address
the comments received in a new final rule. Unless this direct final is
withdrawn, no further rulemaking will occur on this requested SIP
revision.
DATES: The ``direct final'' is effective on March 18, 1997, unless EPA
receives adverse or critical comments by February 18, 1997. If the
effective date is delayed, timely notification will be published in the
Federal Register.
ADDRESSES: Copies of the revision request are available for inspection
at the following address: Environmental Protection Agency, Region 5,
Air and Radiation Division, Air Programs Branch, 77 West Jackson
Boulevard, Chicago, Illinois 60604. (It is recommended that you
telephone Francisco J. Acevedo at (312) 886-6082 before visiting the
Region 5 Office.)
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo at (312) 886-
6061.
SUPPLEMENTARY INFORMATION:
I. Submittal Background
Section 182(b)(1) of the Clean Air Act (the Act) requires all
moderate and above ozone nonattainment areas to achieve a 15% reduction
of 1990 emissions of VOC by November 15, 1996. In Indiana, Lake and
Porter Counties are classified as ``severe'' nonattainment for ozone,
while Clark and Floyd Counties are classified as ``moderate''
nonattainment. As such, these counties are subject to the 15% ROP
requirement.
The Act specifies under section 182(b)(1)(C) that the 15% emission
reduction claimed under the ROP plan must be achieved through the
implementation of control measures through revisions to the SIP, the
promulgation of federal rules, or the issuance of permits under Title V
of the Act, by November 15, 1996. Control measures implemented before
November 15, 1990, are precluded from counting toward the 15%
reduction.
In addition, section 172(c)(9) requires moderate areas to adopt
contingency measures by November 15, 1993. The General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990
(April 28, 1992, 57 FR at 18070), states that the contingency measures
generally must provide reductions of 3% from the 1990 base-year
inventory. While all contingency measures must be fully adopted rules
or measures, the State can use these measures in two different ways.
First, the State can use its discretion to implement a measure it wants
before 1996. Alternatively, the State may decide not to implement a
measure until the area has failed to either meet the 15% ROP
requirement or attain the national ambient air quality standards. In
that situation, the reductions must be achieved in the year following
that in which the failure has been identified by the State.
On November 21, 1995, and February 14, 1996, Indiana submitted 326
IAC 8-8 as its MSW landfill rules for the control of NMOC, which
include VOCs and hazardous air pollutants, as a requested revision to
the ozone SIP. This rule establishes emission standards and guidelines
which require certain MSW landfills to control emissions from landfills
by installing a landfill gas collection and control system that either
incinerates or recovers the gas. This rule is intended to be part of
the 15% ROP plan for Clark and Floyd Counties, as well as included in
the contingency plan for Lake and Porter Counties. (Rulemaking on the
overall Clark and Floyd Counties 15% ROP plan and Lake and Porter
Counties contingency plan SIP revisions will be taken in a subsequent
Federal Register action).
On July 12, 1995, the Indiana Air Pollution Control Board (IAPCB)
adopted the MSW landfill rule. Public hearings on the rule were held on
October 5, 1994 and July 12, 1995, in Indianapolis, Indiana. The rule
was filed with the Secretary of State on December 19, 1995, and became
effective on January 18, 1996; it was published in the Indiana State
Register on February 1, 1996. The IDEM formally submitted the MSW
landfill rule to EPA on November 21, 1995, as a revision to the Indiana
SIP for ozone; supplemental documentation to this revision was
submitted on February 14, 1996. EPA made a finding of completeness of
the SIP submittals in a letter dated February 23, 1996.
The November 21, 1995, and February 14, 1996, submittals include
the following rules:
326 Indiana Air Code (IAC) 8-8 Municipal Solid Waste Landfills
(1) Applicability
(2) Definitions
(3) Requirements; incorporation by reference of federal standards
(4) Compliance deadlines
The rule establishes NMOC control requirements for new and existing
municipal solid waste landfills in Clark, Floyd, Lake, and Porter
Counties. Indiana generally based its rules upon EPA's proposed MSW
Landfill Standards of Performance for New Stationary Sources (NSPS) and
Guidelines for Control of Existing Sources (EG), published in the
Federal Register on May 30, 1991 (56 FR 24468).
II. Evaluation of Submittal
As previously discussed, Indiana intends that this MSW Landfill SIP
revision submittal will be one of the control measures under 15% ROP
plan for Clark and Floyd Counties, and included in the contingency plan
for Lake and Porter Counties. A review of what emission reduction this
SIP achieves for purposes of the Indiana 15% ROP plan will be addressed
when EPA takes rulemaking action on the Clark and Floyd Counties 15%
ROP plan and Lake and Porter Counties contingency plan SIPs. (EPA will
take rulemaking on these plans in a subsequent rulemaking action).
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To determine the approvability of the Indiana MSW landfills SIP,
the rule was reviewed for its consistency with the Act, including EPA's
proposed and final MSW landfill rules published in the Federal Register
on March 12, 1996 (61 FR 9905). A summary of the rule and discussion of
EPA's analysis follows. For the complete requirements of this SIP
revision, interested parties should see the 326 IAC 8-8 rule.
a. Applicability
The rule's applicability criteria in section 1 provide that new and
existing MSW landfills located in the subject counties are subject to
the requirements of this rule if such operations emit greater than
fifty-five (55) tons per day of non-methane organic compound, or if
such landfills have a minimum design capacity of one hundred eleven
thousand (111,000) tons (one hundred thousand (100,000) megagrams (Mg))
of solid waste.
For purposes of this rule, ``Existing municipal solid waste (MSW)
landfill'' is defined in section 2(c) to mean an existing MSW landfill
that has accepted waste since November 8, 1987, or that has capacity
available for future use and for which construction commenced prior to
the effective date of the State rule (January 18, 1996). It may be
active, which means it either is currently accepting waste, or it is
having additional capacity to accept waste. Or, an existing landfill
may be closed, which means it is no longer accepting waste or it does
not have available capacity for future waste deposition. ``New MSW
landfill'' is defined in section 2(d) to mean a landfill for which
construction, modification, or reconstruction commences on or after the
effective date of the State rule.
The applicability criteria in section 1 clearly indicate the
industry and activities subject to the rule. The rule's applicability
criteria therefore, are approvable.
b. Definitions
The rule's definitions are found in section 2 of the State rule.
Section 2(a) states that, for purpose of the State landfill rule, the
definitions listed in EPA's proposed rule (56 FR 24468, May 30, 1991)
shall apply. The only exemptions to the above is the definition of
``Administrator'' and ``U.S. Environmental Protection Agency''. Section
2(b)(1) defines ``Administrator'' as the commissioner of IDEM, and
``U.S. EPA'' as the IDEM for the purpose of this rule. The only other
definitions listed in this section are ``Existing municipal solid waste
(MSW) landfill'' and ``New MSW landfill''. Both definitions are
discussed above in the applicability section. The definition section
accurately describes the MSW Landfill industry and therefore, is
approvable.
c. Compliance Dates
Section 4 of the Indiana MSW landfill rule requires that landfills
meeting the requirements of this rule shall comply with section 3 of
the rule by no later than May 1, 1996.
d. Compliance Procedures, Record Keeping, and Reporting
In Section 3(a) of the Indiana rule, the State air pollution
control board has incorporated by reference the following provisions
from EPA's May 30, 1991, proposed New Source Performance Standard
(NSPS) and Emission Guideline (EG) for MSW landfills: (1) Standards for
air emissions from MSW landfills; (2) Test methods and procedures; (3)
Compliance provisions; (4) Monitoring operations; (5) Reporting
requirements; (6) Record-keeping requirements; and (7) Design
specifications for active vertical collection systems. (In addition to
the above provisions, Indiana needs to submit additional rulemaking by
December 12, 1996, to address subsequent requirements contained in
EPA's final MSW Landfill rule published March 12, 1996, in the Federal
Register, regarding statewide control of emissions from certain MSW
landfill sources.)
Section 3(b) of the State rule explains that all changes to MSW
landfills made under this rule constitute minor modifications under
IDEM's solid waste permitting program and must be made in accordance
with the minor permit modification requirements under 329 IAC 2-8-11
and the applicable fees as specified in IC 13-7-16.1-2(g). Compliance
with the requirements of this rule is also subject to the provisions of
326 IAC 2-1, Air Permitting Rules.
III. Final Action
Based upon the analysis above, the EPA finds that Indiana's rule
covering MSW landfill operations, 326 IAC 8-8, as submitted on November
21, 1995, and February 14, 1996, is consistent with Federal
requirements. EPA, therefore, is approving this SIP revision submittal
for the Counties of Lake, Porter, Clark, and Floyd. (In addition to the
rule approved by this action, Indiana will need to submit additional
rules, by December 12, 1996, to address subsequent requirements
contained in EPA's final MSW Landfill rule published March 12, 1996, in
the Federal Register, regarding control of emissions from such sources
in other counties statewide.)
The EPA is publishing this action without prior proposal because
EPA views this as a noncontroversial revision and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective on March 18, 1997 unless, by February 18, 1997, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent rulemaking that
will withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective on March 18, 1997.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP 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
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
B. Regulatory Flexibility
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
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with jurisdiction over populations of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the Act
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies 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 the
State action. The Clean Air Act forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S.
246, 256-66 (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 undertake various actions
in association with 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. 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 the private
sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 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 the 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 18, 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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: November 25, 1996.
Valdas V. Adamkus,
Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.770 is amended by adding paragraph (c)(110) to read
as follows:
Sec. 52.770 Identification of Plan.
* * * * *
(c)* * *
(110) On November 21, 1995, and February 14, 1996, Indiana
submitted Municipal Solid Waste (MSW) Landfill rules for Clark, Floyd,
Lake, and Porter Counties as a revision to the State Implementation
Plan. This rule requires MSW landfills that emit greater than fifty-
five tons per day of non-methane organic compound, or that have a
minimum design capacity of one hundred eleven thousand tons (one
hundred thousand megagrams) of solid waste, to install a landfill gas
collection and control system that either incinerates the gas or
recovers the gas for energy use.
(i) Incorporation by reference. 326 Indiana Administrative Code 8-8
Municipal Solid Waste Landfills, Section 1 Applicability, Section 2
Definitions, Section 3 Requirements; incorporation by reference of
federal standards, Section 4 Compliance deadlines. Adopted by the
Indiana Air Pollution Control Board July 12, 1995. Filed with the
Secretary of State December 19, 1995. Published at Indiana Register,
Volume 19, Number 5, February 1, 1996. Effective January 18, 1996.
[FR Doc. 97-1080 Filed 1-16-97; 8:45 am]
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