[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Proposed Rules]
[Pages 32783-32784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15008]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6106-7]


Standards of Performance for New Stationary Sources and 
Guidelines for Control of Existing Sources: Municipal Solid Waste 
Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes to amend, correct, and clarify regulatory 
text of the ``Standards of Performance for New Stationary Sources and 
Guidelines for Control of Existing Sources: Municipal Solid Waste 
Landfills,'' which was issued as a final rule on March 12, 1996. These 
revisions add definitions, clarify regulatory text, and correct 
typographical and cross referencing errors and inconsistencies. Because 
these revisions do not change the intent of the NSPS and emission 
guidelines, the Agency does not anticipate receiving adverse comments. 
Consequently the revisions are also being issued as a direct final rule 
in the final rules section of this Federal Register. If no relevant 
adverse comments are timely received, no further action will be taken 
with respect to this proposal and the direct final rule will become 
final on the date provided in that action.

DATES: Comments. Comments must be received on or before July 16, 1998, 
unless a hearing is requested by June 26, 1998. If a hearing is 
requested, written comments must be received by July 31, 1998.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than June 26, 1998. If a public hearing is held, it will 
take place on July 1, 1998, beginning at 10:00 a.m. at the address 
below.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (MC-
6102), Attention Docket Number A-88-09/Category V-D, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460. The EPA 
requests that a separate copy also be sent to the contact person listed 
below. Refer to SUPPLEMENTARY INFORMATION for information regarding 
electronic submittal of comments.
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina or at an alternate site nearby. Persons interested in 
attending the hearing or wishing to present oral testimony should 
notify Ms. JoLynn Collins, U.S. Environmental Protection Agency, 
Research Triangle Park, NC 27711, telephone (919) 541-5671.
    Docket. Docket No. A-88-09, containing the supporting information 
for the original new source performance standards (NSPS) and this 
action, is available for public inspection and copying between 8:00 
a.m. and 5:30 p.m., Monday through Friday, at the EPA's Air and 
Radiation Docket and Information Center (Mail Code-6102), 401 M Street 
SW, Washington DC 20460, or by calling (202) 260-7548. The docket is 
located at the above address in Room M-1500, Waterside Mall (ground 
floor, central mall). A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning this notice 
and analyses performed on developing this rule, contact Ms. Michele 
Laur, Waste and Chemical Processes Group, Emission Standards Division 
(MD-13), U.S. Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, telephone number (919) 541-5256. For 
implementation issues, contact Mary Ann Warner, Program Review Group, 
Information Transfer and Program Integration Division (MD-12), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-1192. For information on the landfill 
model, contact Susan Thorneloe through the internet at: 
[email protected]. For information concerning 
applicability and rule determinations, contact the appropriate regional 
representative:
Region I: Greg Roscoe, Air Programs Compliance Branch Chief, U.S. EPA/
ASO, Region I, JFK Federal Building, Boston, MA 02203, (617) 565-3221
Region II: Christine DeRosa, U.S. EPA Region II, 290 Broadway, 25th 
Floor, New York, NY 10007-1866, (212) 637-4022
Region III: James Topsale, U.S. EPA/3AP22 Region III, 841 Chestnut 
Building, Philadelphia, PA 10107, (215) 566-2190
Region IV: R. Douglas Neeley, Chief, Air and Radiation, Technology 
Branch, U.S. EPA Region IV, 61 Forsyth St.,

[[Page 32784]]

SW, Atlanta, GA 30303, (404) 562-9105
Region V: George T. Czerniak, Jr., Air Enforcement Branch Chief, U.S. 
EPA/5AE-26 Region V, 77 West Jackson Street, Chicago, IL 60604, (312) 
353-2088
Region VI: John R. Hepola, Air Enforcement Branch Chief, U.S. EPA 
Region VI, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733, (214) 
655-7220
Region VII: Ward Burns, U.S. EPA/RME, Region VII, 726 Minnesota Avenue/
ARTDAPCO, Kansas City, KS 66101-2728, (913) 551-7960
Region VIII: Vicki Stamper, U.S. EPA, Region VIII, 999 18th Street, 
Suite 500, Denver, CO 80202-2466, (303) 312-6445
Region IX: Patricia Bowlin, U.S. EPA/RM HAN/17211, Region IX, 75 
Hawthorne Street/AIR-4, San Francisco, CA, (415) 744-1188
Region X: Catherine Woo, U.S. EPA, Region X, Office of Air Quality 
Planning and Standards-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 
553-1814.

SUPPLEMENTARY INFORMATION: If no relevant adverse comments are timely 
received on these proposed amendments, no further activity is 
contemplated in relation to this proposed rule, and the companion 
direct final rule in the final rules section of this Federal Register 
will automatically become effective on the date specified in that final 
rule. If relevant adverse comments are received on this proposal, a 
timely document informing the public that the direct final rule is 
withdrawn will be published, and all public comments received will be 
addressed in a subsequent final rule based on this proposed rule. 
Because the Agency will not institute a second comment period on this 
proposed rule, any parties interested in commenting should do so during 
this comment period.
    For further supplemental information, the detailed rationale, and 
the specific amendments being proposed, see the information provided in 
the direct final rule in the final rules section of this Federal 
Register.

Electronic Submittal of Comments

    Comments and data may also be submitted electronically to A-and-R-
D[email protected]. No Confidential Business Information (CBI) 
should be submitted through e-mail. Electronic comments must be 
submitted as an ASCII file avoiding the use of special characters and 
any form of encryption. Electronic comments on this proposed rule may 
be filed online at many Federal Depository Libraries.
    Comments and data will also be accepted on disks in 
WordPerfect 5.1 or 6.1 file format or ASCII file format. 
All comments and data for this proposal, whether in paper form or in 
electronic forms such as through e-mail or on disk, must be identified 
by the docket number A-88-09 Category V-d.

Administrative

A. Executive Order 12866 Review

    Under Executive Order 12866 Order 12866 (58 FR 51735, October 4, 
1993), EPA must determine whether the regulatory action is 
``significant'' and, therefore, subject to OMB review and the 
requirements of the Executive Order. The EPA considered the 1996 
promulgated standards to be significant and the rules were reviewed by 
OMB (see 61 FR 9913). The amendments proposed today do not result in 
any additional control requirements. Therefore, this regulatory action 
is considered ``not significant'' under Executive Order 12866.

B. Small Business Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental jurisdictions. 
During the 1996 rulemaking, EPA estimated that no small entities would 
be affected by the promulgated standards and guidelines and, therefore, 
a regulatory flexibility analysis was not required (see 61 FR 9918). 
The proposed rule amendments do not establish any new requirements or 
create additional burden for any regulated entities. The changes in 
today's action do not increase the stringency of the rule or add 
additional control requirements. Nor is the scope of the rule changed 
so as to bring any entities not previously subject to the rule within 
its scope or coverage. Today's action does not alter control, 
monitoring, recordkeeping, or reporting requirements of the promulgated 
rule. Therefore, pursuant to the provisions of 5 U.S.C. 605(b), I 
hereby certify that the amendments to the guidelines and standards will 
not have a significant impact on a substantial number of small 
entities, and a regulatory flexibility analysis is not required.

C. Executive Order 12875 and Unfunded Mandates Act

    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 statement to accompany any rule where the estimated 
costs to State, local, or tribal governments, or to the private sector 
will be $100 million or more in any one year. Section 203 requires EPA 
to establish a plan for informing and advising any small governments 
that may be significantly impacted by the rule.
    An unfunded mandates statement was prepared and published in the 
1996 promulgation notice (see 61 FR 9913-9918).
    The EPA has determined that these amendments do not include any new 
Federal mandate. Therefore, the requirements of the Unfunded Mandates 
Act do not apply to this proposed rule.

D. Children's Health Protection

    This proposed rule is not subject to E.O. 13045, entitled, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it does not involve 
decisions on environmental health risks or safety risks that may 
disproportionately affect children.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Municipal solid 
waste landfills.

    Dated: May 28, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-15008 Filed 6-15-98; 8:45 am]
BILLING CODE 6560-50-P