[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Rules and Regulations]
[Pages 13531-13532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7134]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[KS 044-1044a; FRL-5979-7]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Kansas; 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 Kansas plan for implementing the 
Municipal Solid Waste (MSW) Landfill Emission Guideline (EG) at 40 CFR 
part 60, subpart Cc, which was required pursuant to section 111(d) of 
the Clean Air Act (Act). The state's plan was submitted to the EPA on 
December 1, 1997, in accordance with the requirements for adoption and 
submittal of state plans for designated facilities in 40 CFR part 60, 
subpart B. The plan establishes emission limits for existing MSW 
landfills, and provides for the implementation and enforcement of those 
limits.

DATES: This action is effective May 19, 1998, unless by April 20, 1998, 
relevant adverse comments are received. If the effective date is 
delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Wayne Kaiser, Environmental 
Protection Agency, Air Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the: Environmental 
Protection Agency, Air Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 111(d) of the Act, the 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 are set 
pursuant to sections 108 and 109 of the Act). As required by section 
111(d) of the Act, the EPA established a process at 40 CFR part 60, 
subpart B, similar to the process required by section 110 of the Act 
(regarding State Implementation Plan (SIP) approval) which states must 
follow in adopting and submitting a section 111(d) plan. Whenever the 
EPA promulgates a new source performance standard (NSPS) that controls 
a designated pollutant, the EPA establishes emissions guidelines (EG) 
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 EG for that source category as well as 40 CFR part 60, 
subpart B.
    On March 12, 1996, the EPA published an EG for existing MSW 
landfills at 40 CFR part 60, subpart Cc (40 CFR 60.30c through 60.36c) 
and NSPS for new MSW landfills at 40 CFR part 60 subpart WWW (40 CFR 
60.750 through 60.759). The pollutant regulated by the NSPS and EG is 
MSW landfill emissions, which contain a mixture of volatile organic 
compounds, other organic compounds, methane, and hazardous air 
pollutants. To determine whether control is required, nonmethane 
organic compounds (NMOC) 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 submit a plan 
for the control of the designated pollutant to which the EG applies 
within nine months after publication of the EG, or by December 12, 
1996. If there were no designated facilities in the state, then the 
state was required to submit a negative declaration by December 12, 
1996.

II. Analysis of State Submittal

    The official procedures for adoption and submittal of state plans 
are codified 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.
    On December 1, 1997, the state of Kansas submitted its section 
111(d) plan for MSW landfills for implementing the EPA's MSW landfill 
EG.
    The Kansas plan includes documentation that all applicable subpart 
B requirements have been met. More detailed information on the 
requirements for an approvable plan and Kansas' submittal can be found 
in the Technical Support Document (TSD) accompanying this action, which 
is available on request.
    The Kansas plan cross-referenced both the NSPS subpart WWW and EG 
subpart Cc 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, testing, monitoring, reporting and recordkeeping 
requirements, and other aspects of the Federal rule have been adopted. 
Kansas rules K.A.R. 28-19-721 through K.A.R. 28-19-727 contain the 
applicable requirements.
    Kansas demonstrated that it has the legal authority to implement 
and enforce the applicable requirements. The state provided evidence 
that it complied with the public notice and comment requirements of 40 
CFR part 60, subpart B.

III. Final Action

    Based on the rationale discussed above and in further detail in the 
TSD associated with this action, the EPA is approving Kansas' December 
1, 1997, submittal of its section 111(d) plan for the control of 
landfill gas from existing MSW landfills, except those located in 
Indian Country.
    The EPA is publishing this rule 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, the EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective May 19, 
1998 without further notice unless the Agency receives relevant adverse 
comments by April 20, 1998.
    If the EPA receives such comments, then the 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

[[Page 13532]]

subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only 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 May 19, 1998 and no further action will be 
taken on the proposed rule.
    Nothing in this action should be construed as permitting or 
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

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the 
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, the 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 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 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the 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, the 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 the 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 
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 Comptroller General

    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. The 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. 804(2).

E. 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 May 19, 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 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, Methane, Municipal 
solid waste landfills, Nonmethane organic compounds, Reporting and 
recordkeeping requirements.

    Dated: February 24, 1998.
Diane K. Callier,
Acting Regional Administrator, Region VII.
    Part 62, Chapter I, title 40 of the Code of Federal Regulations 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 et seq.

Subpart R--Kansas

    2. Subpart R is amended by adding Sec. 62.4178 and an undesignated 
center heading to read as follows:
Air Emissions From Existing Municipal Solid Waste Landfills


Sec. 62.4178  Identification of plan.

    (a) Identification of plan. Kansas plan for control of landfill gas 
emissions from existing municipal solid waste landfills and associated 
state regulations submitted on December 1, 1997.
    (b) 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, and have design capacities 
greater than 2.5 million megagrams and nonmethane organic emissions 
greater than 50 megagrams per year, as described in 40 CFR part 60, 
subpart Cc.
    (c) Effective date. The effective date of the plan for municipal 
solid waste landfills is May 19, 1998.

[FR Doc. 98-7134 Filed 3-19-98; 8:45 am]
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