[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Rules and Regulations]
[Pages 64628-64632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31074]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[IL173-1a; FRL-6191-1]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Illinois; Control of Landfill Gas Emissions 
From Existing Municipal Solid Waste Landfills

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA is approving the Illinois State Plan submittal for 
implementing the Municipal Solid Waste (MSW) Landfill Emission 
Guidelines. The State's plan was submitted to USEPA on July 21, 1998, 
in accordance with the requirements for adoption and submittal of State 
plans for designated facilities in 40 CFR part 60, subpart B. The state 
plan establishes performance standards for existing MSW landfills and 
provides for the implementation and enforcement of those standards. The 
USEPA finds that Illinois' Plan for existing MSW landfills adequately 
addresses all of the Federal requirements applicable to such plans. In 
the proposed rules section of this Federal Register, the USEPA is 
proposing approval of, and soliciting

[[Page 64629]]

comments on, this approval. If adverse written comments are received on 
this action, the USEPA will withdraw this final rule and address the 
comments received in response to this action in a final rule based on 
the related proposed rule. A second public comment period will not be 
held. Parties interested in commenting on this action should do so at 
this time. This approval makes the State's rule federally enforceable.

DATES: This ``direct final'' rule is effective on January 22, 1999, 
unless USEPA receives adverse written comments by December 23, 1998. If 
an adverse written comment is received, USEPA will publish a timely 
withdrawal of the rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Copies of the plan and USEPA's analysis are available for 
inspection at the U.S. Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. (Please telephone Randolph O. Cano at (312) 886-6036 before 
visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Environmental 
Protection Specialist, Regulation Development Section, Air Programs 
Branch (AR-18J), USEPA, Region 5, Chicago, Illinois 60604, (312) 886-
6036.

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 111(d) of the Clean Air Act (CAA), USEPA 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 
(NAAQS) are set pursuant to sections 108 and 109 of the CAA) or 
hazardous air pollutants (HAPs) regulated under section 112 of the CAA.
    As required by section 111(d) of the CAA, USEPA established a 
process, at 40 CFR part 60, subpart B (similar to the process required 
by section 110 of the CAA regarding State Implementation Plan (SIP) 
approval) which States must follow in adopting and submitting a section 
111(d) plan. Whenever USEPA promulgates a new source performance 
standard (NSPS) that controls a designated pollutant, USEPA establishes 
emissions guidelines in accordance with title 40 of the Code of Federal 
Regulations, part 60.22 (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 applying to the type of 
designated facility must comply with the emission guideline for that 
source category as well as 40 CFR part 60, subpart B.
    On March 12, 1996, USEPA published emissions guidelines for 
existing MSW landfills (EG) 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 9905-9929.). 
The NSPS and EG regulate MSW landfill emissions, which contain a 
mixture of volatile organic compounds (VOCs), other organic compounds, 
methane, and HAPs.
    To determine if 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 60.31c) 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 (i.e. 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.
    On July 21, 1998, the State of Illinois submitted its ``Section 
111(d) Plan for MSW Landfills'' for implementing USEPA's MSW Landfill 
EG. The following provides a brief discussion of the requirements for 
an approvable State plan for existing MSW landfills and USEPA's review 
of Illinois' submittal with respect to those requirements. More 
detailed information on the requirements for an approvable plan and 
Illinois' submittal can be found in the Technical Support Document 
(TSD) accompanying this action, which is available from USEPA upon 
request.

II. Review of Illinois' MSW Landfill Plan

    USEPA has reviewed Illinois' section 111(d) plan for existing MSW 
landfills against the requirements of 40 CFR part 60, subpart B and 
subpart Cc, as follows:

A. Identification of Enforceable State Mechanism for Implementing the 
EG

    The regulation at 40 CFR 60.24(a) requires that the section 111(d) 
plan include emissions standards, defined in 40 CFR 60.21(f) as ``a 
legally enforceable regulation setting forth an allowable rate of 
emissions into the atmosphere, or prescribing equipment specifications 
for control of air pollution emissions.''
    The State of Illinois, through the Illinois Pollution Control Board 
(IPCB), has adopted State rules to control air emissions from existing 
landfills in the State. The Illinois rules for Municipal Solid Waste 
Landfills are primarily found in Title 35: Environmental Protection; 
Subtitle B: Air Pollution; Chapter I: Pollution Control Board; 
Subchapter C: Emission Standards and Limitations for Stationary 
Sources; Part 220: Nonmethane Organic Compounds of the Illinois 
Administrative Code (35 IAC). Part 220 was adopted by the IPCB on June 
17, 1998 and filed in the principal office on that day. Part 220 was 
published in the Illinois Register on July 10, 1998 at 22 Ill. Reg. 
11790 and became effective on July 31, 1998. As part of the same 
rulemaking action, the IPCB amended 35 IAC Part 201: Permits and 
General Provisions; Subpart A: Definitions; Section 201.103 a) by 
adding the following abbreviations: Mg = megagrams, M(3) = cubic 
meters, NMOC = nonmethane organic compounds, and yr = year. In Section 
201.103 b) the conversion factor for 1000 gal was changed from 3.785 
cubic meters to 3.785 M(3). In Subpart C: Prohibitions, Section 201.146 
was amended by adding paragraph ggg) which states that municipal solid 
waste landfills with a maximum total design capacity of less than 2.5 
million Mg or 2.5 million M(3) are not required to install a gas 
collection and control system pursuant to 35 Ill. Adm. Code 220 or 800 
through 849 or Section 9.1 of the [Illinois Environmental Protection] 
Act. These amendments were published in the Illinois Register on July 
10, 1998 at 22 Ill. Reg. 11824 and became effective on July 31, 1998. 
Thus, Illinois has met the requirement of 40 CFR 60.24(a) to have 
legally enforceable emission standards.

[[Page 64630]]

B. Demonstration of the State's Legal Authority to Carry Out the 
Section 111(d) State Plan as Submitted

    40 CFR 60.26 requires the section 111(d) plan to demonstrate that 
the State has legal authority to adopt and implement the emission 
standards and compliance schedules.
    The State has demonstrated that the IPCB has sufficient authority 
to adopt rules governing MSW landfills and that the Illinois 
Environmental Protection Agency (IEPA) has sufficient legal authority 
to enforce these rules and to develop and administer this MSW landfill 
plan. The State statutes providing such authority are sections 4, 9.1, 
and 10 of the Environmental Protection Act.

C. Inventory of Existing MSW Landfills in the State Affected by the 
State Plan

    The regulation at 40 CFR 60.25(a) requires the section 111(d) plan 
to include a complete source inventory of all existing MSW landfills 
(i.e., those MSW landfills that constructed, reconstructed, or modified 
prior to May 30, 1991) in the State that are subject to the plan. This 
includes all existing landfills that have accepted waste since November 
8, 1987, or that have additional capacity for future waste deposition.
    A list of the existing MSW landfills in Illinois and an estimate of 
NMOC emissions from each landfill have been submitted as part of the 
State's landfill 111(d) plan.

D. Inventory of Emissions from Existing MSW Landfills in the State

    The regulation at 40 CFR 60.25(a) requires that the plan include an 
emissions inventory that estimates emissions of the pollutant regulated 
by the EG, which in the case of MSW landfills is NMOC. Illinois 
included as attachment 2 of its section 111(d) plan an estimation of 
NMOC emissions for all of the landfills in the State using testing 
performed by the company or Landfill Air Emissions Estimation Model and 
AP-42 default emission factors.

E. Emission Limitations for MSW Landfills

    The regulation at 40 CFR 60.24(c) specifies that the State plan 
must include 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). 40 CFR 60.33c contains the emissions standards applicable to 
existing MSW landfills.
    The state regulation at 35 IAC 220.220 requires existing MSW 
landfills to comply with the same equipment design criteria and level 
of control as prescribed in the NSPS. The controls required by the NSPS 
are the same as those required by the EG. Thus, the emission 
limitations/standards are ``no less stringent than'' subpart Cc, which 
meets the requirements of 40 CFR 60.24(c).
    The regulation at part 60.24(f) allows States, in certain case-by-
case situations, to provide for a less stringent standard. To account 
for this provision, in order to seek a less stringent standard, or 
longer compliance schedule, the Illinois Rule requires an owner/
operator to submit a written request to the IPCB.
    Thus, Illinois' plan meets the emission limitation requirements by 
requiring emission limitations that are no less stringent than the EG.

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

    The provision of the EG at 40 CFR 60.33c(b) requires State plans to 
include a process for State review and approval of site-specific design 
plans for required gas collection and control systems.
    Illinois rules regulating landfill gas emissions from MSW landfills 
essentially make the Federal NSPS applicable to existing MSW landfills. 
The design criteria and the design specifications for active collection 
systems specified in the NSPS also apply to existing landfills, unless 
a request pursuant to 40 CFR 60.24(f) has been approved by the State. 
The process for State review and approval of site specific gas 
collection and control systems are specified in the State's 
preconstruction permit review process at 35 IAC 201 and 35 IAC 220.280 
entitled Reporting Requirements.
    Thus, Illinois' section 111(d) plan adequately addresses this 
requirement.

G. Compliance Schedules

    The State's 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. The regulation at 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. Under 40 CFR 60.24(e)(1) 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.
    Sources are required to submit applications for a construction 
permit by 35 IAC 220.280. Completion of installation and performance 
are required within 30 months. Thus, the State's rule satisfies the 
requirement of 40 CFR 60.36c.

H. Testing, Monitoring, Recordkeeping and Reporting Requirements

    The regulation at 40 CFR 60.34c specifies the testing and 
monitoring provisions that State plans must include (60.34c 
specifically refers to the requirements found in 40 CFR 60.754 to 
60.756), and 40 CFR 60.35c specifies the reporting and recordkeeping 
requirements (60.35c refers to the requirements found in 40 CFR 60.757 
and 60.758). The following sections of the Illinois rule satisfy these 
requirements: Section 220.280 Reporting Requirements and Section 
220.290 Recordkeeping Requirements. Thus, the State's rule satisfies 
the requirements of 40 CFR 60.34c.

I. A Record of Public Hearings on the State Plan

    The regulation at 40 CFR 60.23 contains the requirements for public 
hearings that must be met by the State in adopting a section 111(d) 
plan. Additional guidance is found in USEPA's ``Summary of the 
Requirements for Section 111(d) State Plans for Implementing the 
Municipal Solid Waste Landfill Emission Guidelines (EPA-456R/96-005, 
October 1996).'' Illinois included documents in its plan submittal 
demonstrating that these procedures, as well as the State's 
administrative procedures, were complied with in adopting the State's 
plan. Therefore, USEPA finds that Illinois has adequately met this 
requirement.

J. Submittal of Annual State Progress Reports to USEPA

    The regulation at 40 CFR 60.25(e) and (f) requires States to submit 
to USEPA annual reports on the progress of plan enforcement. Illinois 
committed in its section 111(d) plan to submit annual progress reports 
to USEPA. The first progress report will be submitted by the State one 
year after USEPA approval of the State plan. Therefore, USEPA finds 
that Illinois has adequately met this requirement.

[[Page 64631]]

III. Final Action

    Based on the rationale set forth above, and discussed in further 
detail in the associated TSD, USEPA is approving Illinois' July 21, 
1998 section 111(d) plan for the control of landfill gas from existing 
MSW landfills. As provided by 40 CFR 60.28c, any revisions to Illinois' 
section 111(d) plan or associated regulations will not be considered 
part of the applicable plan until properly submitted by the State in 
accordance with 40 CFR 60.28(a) or (b), and approved by USEPA in 
accordance with 40 CFR part 60, subpart B.
    USEPA is publishing this action without prior proposal because 
USEPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, USEPA is proposing to approve the State Plan 
should adverse written comments be filed. This action will be effective 
without further notice unless USEPA receives relevant adverse written 
comment by December 23, 1998. Should USEPA receive such comments, it 
will publish a final rule informing the public that this action will 
not take effect. Any parties interested in commenting on this action 
should do so at this time. If no such comments are received, the public 
is advised that this action will be effective on January 22, 1999.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875: Enhancing Intergovernmental Partnerships

    Under E.O. 12875, USEPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a State, local or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, USEPA must provide to the OMB 
a description of the extent of USEPA's prior consultation with 
representatives of affected State, local and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, E.O. 12875 requires USEPA to develop an 
effective process permitting elective officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under E.O. 13084, USEPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on these communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
USEPA must provide to the OMB in a separately identified section of the 
preamble to the rule, a description of the extent of USEPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, E.O. 13084 requires USEPA to 
develop an effective process permitting elected and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' Today's rule 
does not significantly or uniquely affect the communities of Indian 
tribal governments. Accordingly, the requirements of section 3(b) of 
E.O. 13084 do not apply to this rule.

D. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that 
USEPA has reason to believe may have a disproportionate effect on 
children. If the regulatory action meets both criteria, the Agency must 
evaluate the environmental health or safety effects of the planned rule 
on children, and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by the Agency.
    This rule is not subject to E.O. 13045 because it is does not 
involve decisions intended to mitigate environmental health or safety 
risks.

E. 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 economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This direct final rule will not have a significant 
impact on a substantial number of small entities because plan approvals 
under section 111(d) do not create any new requirements but simply 
approve requirements that the State is already imposing. Therefore, 
because the Federal approval does not create any new requirements, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities. Moreover, due to the nature of 
the Federal-State relationship under the CAA preparation of a 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of a State action. The CAA forbids USEPA to base its 
actions such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 
255-66 (1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, USEPA 
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 USEPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The USEPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated annual 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

[[Page 64632]]

additional costs to State, local, or tribal governments, or to the 
private sector, result from this action.

G. 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 USEPA 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 the publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

H. 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 January 22, 1999. 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: October 28, 1998.
David A. Ullrich,
Acting Regional Administrator, Region 5.

    40 CFR part 62 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 O--Illinois

    2. A new center heading and sections 62.3330, 62.3331, and 62.3332 
are added to read as follows:

Landfill Gas Emissions From Existing Municipal Solid Waste 
Landfills


Sec. 62.3330  Identification of plan.

    The Illinois Plan for implementing the Federal Municipal Solid 
Waste Landfill Emission Guidelines to control air emissions from 
existing landfills in the State was submitted on July 21, 1998. The 
Illinois rules for Municipal Solid Waste Landfills are primarily found 
in Title 35: Environmental Protection; Subtitle B: Air Pollution; 
Chapter I: Pollution Control Board; Subchapter C: Emission Standards 
and Limitations for Stationary Sources; Part 220: Nonmethane Organic 
Compounds of the Illinois Administrative Code (35 IAC). Part 220 was 
adopted by the IPCB on June 17, 1998 and filed in the principal office 
on that day. Part 220 was published in the Illinois Register on July 
10, 1998 at 22 Ill. Reg. 11790 and became effective on July 31, 1998. 
As part of the same rulemaking action, the IPCB amended 35 IAC Part 
201: Permits and General Provisions; Subpart A: Definitions; Section 
201.103 (a) by adding the following abbreviations: Mg = megagrams, M(3) 
= cubic meters, NMOC = nonmethane organic compounds, and yr = year. In 
Section 201.103 (b) the conversion factor for 1000 gal was changed from 
3.785 cubic meters to 3.785 M(3). In Subpart C: Prohibitions, Section 
201.146 was amended by adding paragraph (ggg) which states that 
municipal solid waste landfills with a maximum total design capacity of 
less than 2.5 million Mg or 2.5 million M(3) are not required to 
install a gas collection and control system pursuant to 35 Ill. Adm. 
Code 220 or 800 through 849 or Section 9.1 of the [Illinois 
Environmental Protection] Act. These amendments were published in the 
Illinois Register on July 10, 1998 at 22 Ill. Reg. 11824 and became 
effective on July 31, 1998.


Sec. 62.3331  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, as consistent with 40 CFR part 60.


Sec. 62.3332  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is January 22, 1999.

[FR Doc. 98-31074 Filed 11-20-98; 8:45 am]
BILLING CODE 6560-50-P