[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]
BILLING CODE 6560-50-P