[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Rules and Regulations]
[Pages 17683-17686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9552]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[PA-107-4066a; FRL-5994-4]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants, Allegheny County, Pennsylvania; 
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 action approves the municipal solid waste landfill (MSW) 
111(d) plan submitted by the Commonwealth of Pennsylvania on behalf of 
Allegheny County for the purpose of controlling landfill gas emissions 
from existing MSW landfills. The plan was submitted to fulfill 
requirements of the Clean Air Act (the Act). The Allegheny County plan 
establishes emission limits for existing MSW landfills, and provides 
for the implementation and enforcement of those limits.

DATES: This final rule is effective June 9, 1998 unless within May 11, 
1998 adverse or critical comments are received. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Makeba A. Morris, Chief, Technical 
Assessment Section, Mailcode 3AP22, Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107. 
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, 841 Chestnut Building, Philadelphia, Pennsylvania; and 
Allegheny County Health Department, Bureau of Environmental Quality, 
Division of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 
15201.

FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 566-2190, or 
by e-mail at [email protected].

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 no later than 9 months after EPA 
promulgates the EG. On March 12, 1996, EPA promulgated the EG as 40 CFR 
part 60, subpart Cc. Accordingly, State Plans were due no later than 
December 12, 1996.
    Under section 111(d) of the Act, the EPA established procedures 
whereby States submit plans to control existing sources of designated 
pollutants. A designated pollutant is defined as any air pollutant, 
emissions of which are subject to a standard of performance for new 
stationary sources, but for which air quality criteria have not been 
issued, and which is not included on a list published under section 
108(a) or section 112(b)(1)(A) of the Clean Air Act. Accordingly, under 
the Clean Air Act, designated pollutants are regulated under section 
111(d), criteria pollutants under section 108, and hazardous air 
pollutants (HAPS) under section 112. As required by section 111(d) of 
the Act, 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 EPA promulgates 
a new source performance

[[Page 17684]]

standard (NSPS) that controls a designated pollutant, EPA establishes 
emissions guidelines 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 emission guideline for that 
source category as well as 40 CFR part 60, subpart B (40 CFR 60.23 
through 60.26).
    On March 12, 1996, EPA published Emission Guidelines (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). (See 61 FR 9905-9944.) The 
pollutant regulated by the NSPS and EG is MSW landfill emissions, which 
contain a mixture of volatile organic compounds (VOCs), other organic 
compounds, methane, and HAPs. To determine whether emissions control is 
required, nonmethane organic compounds (NMOCs) 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 60.32c) for 
which construction, reconstruction or modification was commenced before 
May 30, 1991. The MSW landfill EG specify limits for landfill gas and 
require affected facilities to operate a control system designed to 
reduce collected NMOC concentrations by 98 weight-percent, or reduce 
the outlet NMOC concentration to 20 parts per million volume or less, 
using the test methods specified under section 60.754(d). 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, in this case 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.
    Since the Summer of 1996, EPA has been involved in litigation over 
the requirements of the MSW landfill rule. On November 13, 1997, in 
accordance with section 113(g) of the CAA, EPA issued a document in the 
Federal Register (62 FR 60898) of a proposed settlement in National 
Solid Wastes Management Association v. Browner, et al., No. 96-1152 
(D.C. Cir). It is important to note that the proposed settlement does 
not vacate or void the existing landfill rule. Accordingly, the 
currently promulgated MSW landfill EG and compliance times, 40 CFR part 
60, subpart Cc, are used as a basis for EPA approval of the Allegheny 
County, Pennsylvania MSW Landfill 111(d) Plan.
    On October 23, 1997, the Commonwealth of Pennsylvania submitted on 
behalf of Allegheny County, the County's Section 111(d) plan for MSW 
landfills for implementing EPA's MSW landfill EG. The following 
provides a brief discussion of the requirements for an approvable State 
plan for existing MSW landfills and EPA's review of Allegheny County's 
submittal through the Pennsylvania Department of Environmental 
Protection (PADEP) with respect to those requirements. More detailed 
information on the requirements for an approvable plan and Allegheny 
County's submittal can be found in the Technical Support Document (TSD) 
accompanying this rulemaking, which is available upon request from the 
EPA Regional Office listed in the ADDRESSES section of this notice.

II. Review of the Allegheny County MSW Landfill Plan

    EPA has reviewed the Allegheny County's section 111(d) plan for 
existing MSW landfills in the context of the requirements of 40 CFR 
part 60, subpart B and subpart Cc as follows:

A. Identification of Enforceable State Mechanisms Selected by the State 
for Implementing the EG

    The Allegheny County MSW landfill 111(d) plan will use County 
Health Department Regulations as the ``enforceable mechanism'' to meet 
the requirements of the MSW landfill EG. The landfill NSPS (subpart 
WWW) and EG (subpart Cc) have identical requirements, except for 
certain compliance times and requirements relating to the determination 
of prevention of significant deterioration (PSD) related NMOC emission 
rates. Accordingly, the County has incorporated by reference subpart 
WWW requirements into a new regulation (Article XXI, section 2105.73) 
that has applicability to both new and existing landfills. The 
regulation also includes the required increments of progress leading 
towards compliance for each affected (i.e., existing) landfill. The 
ACHD regulation meets the requirements of 40 CFR 60.24(a) for an 
enforceable mechanism.

B. Demonstration of Legal Authority

    The Allegheny County Health Department (ACHD) has the authority to 
make and enforce regulations to implement this plan through the 
authority of the Pennsylvania Air Pollution Control Act, Local Health 
Administration Law, Second Class County Code, and the Rules and 
Regulations of the Allegheny County Health Department. Under these 
regulations the County can obtain information necessary to determine 
compliance, conduct inspections, and make emissions data available to 
the public. This meets the requirements of 40 CFR 60.26.

C. Inventory of MSW Landfills in Allegheny County Affected by the EG

    The ACHD identified three (3) existing MSW landfills that are 
subject to the 111(d) plan. There is a fourth landfill (i.e., USA 
Waste--Arnoni Brothers) that crosses into Allegheny County. However, 
this landfill is located primarily outside Allegheny County, and 
because of that, by mutual agreement, the Pennsylvania Department of 
Environmental Protection (PADEP) will include the landfill in its MSW 
landfill 111(d) plan and maintain all permits for the subject source. 
Existing MSW landfills are those that were constructed, reconstructed, 
or modified prior to May 30, 1991, and have accepted waste at any time 
since November 8, 1987, or that have additional capacity for future 
waste deposition. The submitted Allegheny County landfill inventory of 
sources meets the requirement of 40 CFR 60.25(a).

D. Inventory of Emissions From MSW Landfills in Allegheny County

    The County 111(d) plan contains information on estimated NMOC 
emission rates in tons per year (TPY) for each existing landfill. This 
meets the emission inventory requirements of 40 CFR 60.25(a).

E. Emission Limitations for MSW Landfills

    The ACHD MSW landfill regulation (i.e., Article XXI, section 
2105.73) contains the emission limitations established in the EG. 
Existing landfills having design capacities greater than or equal to 
2.5 million megagrams (Mg) by mass and 2.5 million cubic meters 
(m3) by volume and an NMOC emissions rate of 50 Mg/year or 
greater must install a gas collection and control system. This meets 
the requirement of 40 CFR 60.24(c) that the State plan includes 
emission standards that are no less stringent than the EG (except as 
specified in 40 CFR 60.24(f) which allows for less stringent emission 
limitations on a case-by-case basis if certain conditions are met). No

[[Page 17685]]

exception was requested by Allegheny County for any of its existing 
landfills.

F. A State Process of Review and Approval of Site-Specific Gas 
Collection and Control System Design Plans

    The submitted Allegheny County 111(d) plan describes a process for 
the review and approval of site-specific design plans for gas 
collection and control systems. When an affected source in Allegheny 
County is required to submit a collection and control plan, it will be 
notified of its requirement to submit an installation permit 
application. The ACHD process consists of (1) reviews of submitted 
permit application for completeness and technical adequacy, (2) 
procedures to request additional information, (3) an opportunity for 
public comment, and (4) the issuance or denial of a permit as 
delineated in Article XXI, Chapters 2 and 3. The described process 
meets the requirements of 40 CFR 60.33c(b).

G. Compliance Schedule

    The final compliance date and enforceable increments of progress 
under the 111(d) plan are tied to the effective date of the County's 
MSW landfill regulation (Article XXI, section 2105.73).

              Reporting and Required Increments of Progress             
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             Action item                        Compliance date         
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Submit Design Capacity Report........  Within 90 days of the effective  
                                        date of Article XXI Regulation.*
Submit NMOC Emission Rate Report.....  As above.                        
Submit Collection and Control Design   Within 1 year after NMOC         
 Plan.                                  emissions 50 Mg/yr.  
Award Contracts for Construction of    No later than 20 months after the
 Collection and Control System.         date the NMOC emissions rate is 
                                        first calculated to exceed or   
                                        equal 50 Mg/yr.                 
Start on-site construction of the      No later than 24 months after the
 collection and control system.         date the NMOC emissions rate is 
                                        first calculated to exceed or   
                                        equal 50 Mg/yr.                 
Complete construction................  No later than 28 months after the
                                        date the NMOC emissions rate is 
                                        first calculated to exceed or   
                                        equal 50 Mg/yr.                 
Final compliance date................  No later than 30 months after the
                                        date the NMOC emissions rate is 
                                        first calculated to exceed or   
                                        equal 50 Mg/yr.                 
------------------------------------------------------------------------
*The regulation became effective on August 15, 1997.                    


    A State section 111(d) plan must include a compliance schedule that 
owners and operators of affected MSW landfills must meet in complying 
with the requirements of the plan. 40 CFR 60.36c provides that 
planning, awarding of contracts, and installation of air emission 
collection and control equipment capable of meeting the EG must be 
accomplished within 30 months of the effective date of a State emission 
standard for MSW landfills. 40 CFR 60.24(e)(1) provides that any 
compliance schedule extending more than 12 months from the date 
required for plan submittal shall include legally enforceable 
increments of progress as specified in 40 CFR 60.21(h), including 
deadlines for submittal of a final control plan, awarding of contracts 
for emission control systems, initiation of on-site construction or 
installation of emission control equipment, completion of on-site 
construction/installation of emission control equipment, and final 
compliance. The Allegheny County MSW Landfill Regulation establishes 
interim and final compliance dates, as required by 40 CFR 60.24(e)(1).

H. Testing, Monitoring, Record Keeping, and Reporting Requirements

    The ACHD MSW landfill regulation contains provisions for testing, 
monitoring, reporting, and recordkeeping. The provisions are the same 
as those in the NSPS, except for PSD emission rate estimates for NMOC. 
This exception applies only to existing landfills, and does not void 
any applicable PSD requirement for new, reconstructed, or modified 
landfills. The ACHD landfill regulation meets the requirements of 40 
CFR 60.34c, testing and monitoring, and 60.35c, reporting and 
recordkeeping requirements.

I. A Record of Public Hearing on the State Plan

    The public hearing for the Allegheny County MSW landfill 
regulation, Article XXI, section 2105.73, was held May 19, 1997. The 
rule became effective August 15, 1997. The state provided evidence of 
complying with public notice and other hearing requirements, including 
a record of public comments received. The 40 CFR 60.23 requirement for 
a public hearing on the 111(d) plan has been met by Allegheny County.

J. Provision for Annual State Progress Reports to EPA

    The County will submit to EPA on an annual basis a report which 
details the progress in the enforcement of the 111(d) plan in 
accordance with 40 CFR 60.25. The first progress report will be 
submitted to EPA one year after the approval of the Allegheny County 
MSW landfill regulation by EPA.

III. Final Action

    Based on the rationale discussed above and in further detail in the 
TSD associated with this action, EPA is approving the Allegheny County 
MSW landfill 111(d) plan for the control of landfill gas emissions from 
affected facilities. Landfills located in other Pennsylvania counties 
will be addressed in separate rulemaking. As provided by 40 CFR 
60.28(c), any revisions to Allegheny County section 111(d) plan or 
associated regulations will not be considered part of the applicable 
plan until submitted by the Commonwealth of Pennsylvania 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, requirements.
    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 June 9, 1998 without further notice unless the Agency 
receives relevant adverse comments by May 11, 1998.
    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 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

[[Page 17686]]

public is advised that this rule will be effective on June 9, 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 State Plan. Each request for revision to a 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 12866

    The Office of Management and Budget (OMB) 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 (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 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 
(``Unfunded Mandates Act''), 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 
the 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. 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 pre-existing 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 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).

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 June 9, 1998. Filing a petition for 
reconsideration by the Administrator of this final rule pertaining to 
the Allegheny County 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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 31, 1998.
Stanley L. Laskowski,
Acting Regional Administrator, EPA Region III.

    For the reasons set out in the preamble, 40 Part 62, Subpart NN, is 
amended as follows:

PART 62--[AMENDED]

    1. The authority citation for Part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7642.

Subpart NN--Pennsylvania

    2. A new center heading, consisting of sections 62.9630, 62.9631, 
and 62.9632 is added to read as follows:

Landfill Gas Emissions From Existing Municipal Solid Waste Landfills 
[Section 111(d) Plan]


Sec. 62.9630   Identification of plan.

    Section 111(d) plan for municipal solid waste landfills and the 
associated Allegheny County Health Department Regulation in Article 
XXI, section 2105.73, as submitted on October 23, 1997, by the 
Commonwealth of Pennsylvania.


Sec. 62.9631   Identification of sources.

    The plan applies to all Allegheny County, Pennsylvania, existing 
municipal solid waste landfills for which construction, reconstruction, 
or modification was commenced before May 30, 1991 and have 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. 62.9632   Effective date.

    The effective date of the plan for municipal solid waste landfills 
is June 9, 1998.

[FR Doc. 98-9552 Filed 4-9-98; 8:45 am]
BILLING CODE 6560-50-P