[Federal Register Volume 64, Number 53 (Friday, March 19, 1999)]
[Rules and Regulations]
[Pages 13517-13519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6777]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[OK-18-1-7415a; FRL-6312-S]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: We are approving the section 111(d) Plan submitted by the 
Oklahoma Department of Environmental Quality (ODEQ) on December 18, 
1998, to implement and enforce the Emissions Guidelines (EG) for 
existing Municipal Solid Waste (MSW) Landfills . The EG require States 
to develop plans to reduce landfill gas emissions from all MSWs.

DATES: This direct final rule is effective on May 18, 1999, without 
further notice, unless we receive adverse comments by April 19, 1999. 
If we receive adverse comments, we will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: You should address comments on this action to Lt. Mick Cote, 
EPA Region 6, Air Planning Section (6PD-L), 1445 Ross Avenue, Suite 
1200, Dallas, Texas 75202.
    Copies of all materials considered in this rulemaking may be 
examined during normal business hours at the following locations: EPA 
Region 6 offices, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202, and 
at the Oklahoma Department of Environmental Quality offices, 707 North 
Robinson Avenue, Oklahoma City, OK 73101-1677.

FOR FURTHER INFORMATION CONTACT: Lt. Mick Cote at (214) 665-7219.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is being taken by EPA today?
II Why do we need to regulate MSW landfills emissions?
III. What is a State Plan?
IV. What does the Oklahoma State Plan contain?
V. Is my MSW landfill subject to these regulations?
VI. What steps do I need to take if my landfill is subject to these 
regulations?
VII. Administrative Requirements.

I. What Action Is Being Taken by EPA Today?

    We are approving the Oklahoma State Plan, as submitted on December 
18, 1998, for the control of landfill gas emissions from MSW landfills, 
except for those located in Indian Country. When we developed our New 
Source Performance Standard (NSPS) for MSW landfills, we also developed 
EG to control emissions from older MSW landfills. (See 61 FR 9905, 
March 12, 1996, and 63 FR 32743, June 16, 1998). The ODEQ developed a 
State Plan, as required by section 111(d) of the Clean Air Act (the 
Act), to adopt the EG into their body of regulations, and we are acting 
today to approve it.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, we are proposing to approve the revision should 
significant, material, and adverse comments be filed. This action is 
effective May 18, 1999, unless by April 19, 1999, adverse or critical 
comments are received. If we receive such comments, this action will be 
withdrawn before the effective date by publishing a subsequent document 
that will withdraw the final action. All public comments received will 
be addressed in a subsequent final rule based on this action serving as 
a proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, this action is 
effective May 18, 1999.

II. Why Do We Need To Regulate MSW Landfill Emissions?

    Landfill gas contains a mixture of volatile organic compounds 
(VOCs), other hazardous air pollutants (HAPs), and methane. VOC 
emissions can contribute to ozone formation, which can cause adverse 
health effects to humans and vegetation. The health effects of HAPs 
include cancer, respiratory irritation, and damage to the nervous 
system. Methane emissions contribute to global climate change and can 
result in fires or explosions when they accumulate in structures on or 
off the landfill site. We presented our concerns with the health and 
welfare effects of landfill gases in the preamble to our proposed 
Federal regulations (56 FR 24468, May 30, 1991).

III. What Is a State Plan?

    Section 111(d) of the Act requires that ``designated'' pollutants 
controlled

[[Page 13518]]

under the NSPS must also be controlled at existing sources in the same 
source category. To ensure proper implementation of the requirements of 
section 111(d), we approved 40 CFR part 60, subpart B (40 FR 53340, 
November 17, 1975). Subpart B provides that, once an NSPS is 
promulgated, we then publish an EG applicable to the control of the 
same pollutant from designated (existing) facilities. States with 
designated facilities must then adopt a plan for the control of the 
pollutant.

IV. What Does the Oklahoma State Plan Contain?

    The Oklahoma State Plan was reviewed for approval against the 
following criteria:

40 CFR 60.23 through 60.26, Subpart B--Adoption and Submittal of State 
Plans for Designated Facilities; and, 40 CFR part 60, 60.30c through 
60.36c, Subpart Cc--Emission Guidelines and Compliance Times for 
Municipal Solid Waste Landfills.

    The evaluation of the Oklahoma State Plan indicates that it 
contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan, as authorized under the Title 27A of the 
Oklahoma Statutes, sections 2-2-101, 2-5-104 through 106, 2-2-106, 112, 
and 114. Copies of these Statutes were submitted as part of the State 
Plan, located in Appendix A.
    2. An incorporation of the Federal regulations into OAC 252:100-47, 
Control of Emissions from Existing Municipal Solid Waste Landfills.
    3. An inventory of approximately 82 landfills in Oklahoma subject 
to the EG. At least three exist that appear to be above both the design 
capacity and NMOC emission thresholds, and thus subject to the control 
requirements of the EG. Known designated facilities, with estimated 
design capacities, are listed in Appendices C and D;
    4. Emission limits that are as stringent as the EG under OAC 
252:100-47-7, Emission Standards;
    5. A process to review gas collection system design plans (Appendix 
E);
    6. A final compliance date 30 months after the date a designated 
facility reaches or exceeds 50 Mg of NMOC emissions annually (OAC 
252:100-47-6(b));
    7. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities, listed in OAC 252:100-47-8 through -13;
    8. Records from the two public hearings in Appendix F; and
    9. Provisions for progress reports to EPA.

V. Is My MSW Landfill Subject to These Regulations?

    Any MSW landfill which began construction, reconstruction or 
modification before May 30, 1991, and has accepted waste at any time 
since November 8, 1987, is affected by the EG and the Oklahoma State 
Plan. If your facility meets these two criteria, your landfill is 
subject to these regulations.

VI. What Steps Do I Need To Take if my Landfill Is Subject to These 
Regulations?

     You must report your landfill's design capacity to the 
ODEQ within 90 days of the effective date of our approval of the 
Oklahoma State Plan.
     If your landfill has a design capacity above 2.5 million 
Mg, you must also estimate and report your annual NMOC emission rate to 
the ODEQ within the same 90-day timeframe.
     If your landfill has a design capacity below 2.5 million 
Mg, you have met all the requirements of the Oklahoma State Plan. 
However, if you modify your landfill and increase the design capacity 
above the 2.5 million Mg threshold, you must submit an amended design 
capacity report to the ODEQ within 90 days of the modification. You 
must also estimate and submit your annual NMOC emission rate to the 
ODEQ within 90 days of the modification. Your landfill will then be 
considered an NSPS source and subject to the requirements listed under 
40 CFR part 60, subpart WWW.
     You must have a gas collection system installed and 
operating within 30 months of the date you project to be at or above 
the 50 Mg threshold.
     You must record and keep accurate records regarding site 
information and gas collection system operational data.

VIII. Administrative Requirements.

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from review under Executive Order 12866, entitled Regulatory 
Planning and Review.

B. Executive Order 12875

    Under Executive Order 12875, EPA 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, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected 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 Executive 
Order 12875 do not apply to this rule.

C. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), applies to any rule that EPA determines (1) is ``economically 
significant,'' as defined under Executive Order 12866, and (2) the 
environmental health or safety risk addressed by the rule has 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 final rule is not subject to Executive Order 13045 because it 
is not an economically significant regulatory action as defined by 
Executive Order 12866, and it does not address an environmental health 
or safety risk that would have a disproportionate effect on children.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If EPA complies by 
consulting, E.O. 13084 requires EPA to provide to the Office of 
Management and Budget, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary

[[Page 13519]]

of the nature of their concerns, and a statement supporting the need to 
issue the regulation. In addition, Executive Order 13084 requires EPA 
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. This action does not involve or impose any 
requirements that affect Indian Tribes. Accordingly, the requirements 
of section 3(b) of E.O. 13084 do not apply to this rule.

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. Pursuant to section 605(b) of the RFA, I certify that 
this rule will not have a significant economic impact on a substantial 
number of small entities. This Federal action approves pre-existing 
requirements under Federal, State, or Local law and imposes no new 
requirements on any entity affected by this rule, including small 
entities. Therefore, these amendments will not have a significant 
impact on a substantial number of small entities.

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
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. 
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 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.

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 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).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 18, 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: March 11, 1999.
William B. Hathaway,
Acting Regional Administrator, Region 6.

    40 CFR part 62 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. 7401-7642

Subpart LL--Oklahoma

    2. Section 62.9100 is amended by adding paragraph (b)(4) to read as 
follows:


Sec. 62.9100  Identification of plan.

* * * * *
    (b) * * *
    (4) Control of landfill gas emissions from existing municipal solid 
waste landfills, submitted by the Oklahoma Department of Environmental 
Quality on December 18, 1998.
* * * * *
    3. Subpart LL is amended by adding a new Sec. 62.9160 and a new 
undesignated center heading to read as follows:

Landfill Gas Emissions From Existing Municipal Solid Waste 
Landfills


Sec. 62.9160  Identification of sources.

    The plan applies to 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 described in 40 CFR part 60, subpart Cc.

[FR Doc. 99-6777 Filed 3-18-99; 8:45 am]
BILLING CODE 6560-50-P