[Federal Register Volume 63, Number 78 (Thursday, April 23, 1998)]
[Rules and Regulations]
[Pages 20100-20101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10855]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[NE 052-1052a; FRL-6002-4]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Nebraska; 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 Nebraska 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 
January 6, 1998, 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 June 22, 1998, unless by May 26, 1998, 
relevant adverse comments are received.

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 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 EGs 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, sections 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 January 6, 1998, the state of Nebraska submitted its section 
111(d) plan for MSW landfills for implementing the EPA's MSW landfill 
EG.
    The Nebraska plan includes documentation that all applicable 
subpart B requirements have been met. More detailed information on the 
requirements for an approvable plan and Nebraska's submittal can be 
found in the Technical Support Document (TSD) accompanying this action, 
which is available on request.
    The Nebraska 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 referencing 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. Nebraska rule Chapter 18, 004, contains the applicable 
requirements.
    Nebraska 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 Nebraska's 
January 6, 1998, 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 state plan revision 
should relevant adverse comments be filed. This rule will be effective 
June 22, 1998, without further

[[Page 20101]]

notice unless the Agency receives relevant adverse comments by May 26, 
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 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 June 22, 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 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 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 the 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 Controller General 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. 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 June 22, 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.

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

    Dated: April 9, 1998.
Dennis Grams,
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 CC--Nebraska

    2. Subpart CC is amended by adding an undesignated center heading 
and Sec. 62.6913 to subpart CC to read as follows:

Air Emissions From Existing Municipal Solid Waste Landfills


Sec. 62.6913  Identification of plan.

    (a) Identification of plan. Nebraska plan for control of landfill 
gas emissions from existing municipal solid waste landfills and 
associated state regulations submitted on January 6, 1998.
    (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 June 22, 1998.

[FR Doc. 98-10855 Filed 4-22-98; 8:45 am]
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