[Federal Register Volume 64, Number 137 (Monday, July 19, 1999)]
[Rules and Regulations]
[Pages 38582-38586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18041]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[Region 2 Docket No. NY31-192a, FRL-6379-2]
Approval and Promulgation of State Plans For Designated
Facilities; New York
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving the State Plan submitted by New York implementing the
Municipal Solid Waste (MSW) Landfill Emission Guidelines. The State
Plan establishes performance standards for existing MSW landfills
located in New York State and provides for the implementation and
enforcement of those standards, which will reduce the designated
pollutants.
DATES: This direct final rule is effective on September 17, 1999
without further notice, unless EPA receives adverse comment by August
18, 1999. If adverse comment is received, EPA 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: All comments should be addressed to: Raymond Werner, Acting
Chief, Air Programs Branch, Environmental Protection Agency, Region 2
Office, 290 Broadway, 25th Floor, New York, New York 10007-1866.
Copies of the state submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
New York State Department of Environmental Conservation, Division of
Air Resources, 50 Wolf Road, Albany, New York 12233.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW, Washington, DC
20460.
FOR FURTHER INFORMATION CONTACT: Craig Flamm or Kirk Wieber, Air
Programs Branch, Environmental Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
I. Background
II. State Submittal
III. Review of State Submittal
A. Identification of Enforceable State Mechanism for
Implementing the EG
B. Demonstration of the State's Legal Authority to Carry Out the
Section 111(d) State Plan as Submitted
C. Inventory of Existing MSW Landfills in the State Affected by
the State Plan
D. Emission Limitations for MSW Landfills
E. A Process for State Review and Approval of Site-Specific Gas
Collection and Control System Design Plans
F. Compliance Schedules
G. Testing, Monitoring, Recordkeeping and Reporting Requirements
H. Submittal of Annual State Progress Reports to EPA
IV. Conclusion
V. Administrative Requirements
A. Executive Order 12866
B. Executive Order 12875
C. Executive Order 13045
D. Executive Order 13084
[[Page 38583]]
E. Regulatory Flexibility Act
F. Unfunded Mandates
G. Submission to Congress and the Comptroller General
H. Petitions for Judicial Review
I. Background
Under section 111(d) of the Clean Air Act (Act), EPA established
procedures for states to 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 under sections 108 and 109 of the Act) or hazardous air pollutants
(HAPs) regulated under section 112 of the Act.
As required by section 111(d) of the Act, EPA established a
process, at title 40 of the Code of Federal Regulations (CFR) part 60,
subpart B which states must follow in adopting and submitting a section
111(d) plan. Whenever EPA promulgates a new source performance standard
(NSPS) that controls a designated pollutant, EPA establishes emission
guidelines in accordance with 40 CFR section 60.22 which contain
information pertinent to the control of the designated pollutant from
existing sources for 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
guidelines for that source category as well as 40 CFR part 60, subpart
B.
On March 12, 1996, EPA published emission guidelines (EG) for
existing Municipal Solid Waste (MSW) landfills at 40 CFR part 60,
subpart Cc (40 CFR 60.30c through 60.36c) and the NSPS for new MSW
landfills at 40 CFR part 60, subpart WWW (40 CFR 60.750 through
60.759). See, 61 FR 9905 (March 12, 1996). 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. Under
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 (by December 12, 1996).
On June 16, 1998, EPA published in the Federal Register (63 FR
32743) a direct final action which amended, corrected errors in, and
clarified the regulatory text of the ``Standards of Performance for New
Stationary Sources and Guidelines for Control of Existing Sources:
Municipal Solid Waste Landfills,'' which was promulgated on March 12,
1996. The Background section of the amended rule (63 FR 32744) states,
``These changes do not significantly modify the requirements of the
regulation.'' No adverse comments were received on the amended landfill
rule, and as a result, it became effective on August 17, 1998.
II. State Submittal
On October 8, 1998, the New York State Department of Environmental
Conservation (NYSDEC) submitted its ``Section 111(d) State Plan for MSW
Landfills'' for implementing EPA's MSW landfill EG. New York's
submittal included: the necessary legal authority; an enforceable
mechanism; some of the increments of progress of an enforceable
compliance schedule; an emissions inventory; emission standards;
testing, monitoring, recordkeeping, and reporting requirements; a
process to review design plans; a provision for annual state progress
reports; and the record of public hearing. New York held a public
hearing on January 15, 1998 for all of the required elements of the MSW
landfill State Plan.
III. Review of State Submittal
EPA has reviewed New York's 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
40 CFR 60.24(a) requires that a 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.'' New York has adopted revisions to
State rules to control air emissions from existing landfills in the
State. The New York State rules for MSW Landfills are primarily found
in part 360-2 of title 6 of the New York Code of Rules and Regulations
of the State of New York, entitled, ``Landfills''. Part 360-2 became
effective on November 21, 1998.
B. Demonstration of the State's Legal Authority To Carry out the
Section 111(d) State Plan as Submitted
40 CFR 60.26 requires that a section 111(d) plan demonstrate that
the state has the necessary legal authority to adopt and implement the
plan. In order to make this demonstration, the plan must show that the
state has the legal authority to adopt emission standards and
compliance schedules for the designated facilities; enforce the
applicable laws, regulations, emission standards and compliance
schedules, including the ability to obtain injunctive relief; the
authority to obtain information from the designated facilities in order
to determine compliance, including the authority to require
recordkeeping from the facilities, to make inspections and to conduct
tests at the facilities; the authority to require designated facilities
to install, maintain and use emission monitoring devices; the authority
to require periodic reporting to the state on the nature and amounts of
emissions from the facility; and the authority for the state to make
such emissions data available to the public. New York has demonstrated
all these elements. As a result, New York has demonstrated that it has
sufficient authority to adopt rules governing MSW landfills and that
the NYSDEC has sufficient legal authority to enforce these rules and to
develop and administer this MSW landfill plan.
C. Inventory of Existing MSW Landfills in the State Affected by the
State Plan
The regulation at 40 CFR 60.25(a) requires that the section 111(d)
plan include a complete source inventory of all existing MSW landfills
(i.e., those MSW landfills that were 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. 40 CFR 60.25(a) also requires an estimate of the
regulated pollutant, which is NMOC for landfills. A list of the
existing MSW landfills in New York and an estimate of NMOC emissions
from each landfill has been submitted as part of the State's landfill
111(d) plan (see Table 1 below).
[[Page 38584]]
Table 1.--New York State MSW Landfills Emissions Inventory
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Mass (1,000 Status--year opened/ NMOC emission
Landfill name tons) closed rate (tons/year) NSPS or EG
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Brookhaven....................... 17,200 opened in 1974........... 1,395 EG
Babylon LF....................... 6,000 closed in 1990........... 356 EG
Islip............................ 6,200 closed in 1990........... 262 EG
E. Northport SLF................. 3,800 closed in 1991........... 40 EG
Oceanside SLF.................... 2,750 closed in 1989........... 88 EG
Freshkills....................... 126,000 opened in 1948........... 2,273 EG
Orange County.................... 3,800 opened in 1974........... 512 EG
Al Turi LF....................... 4,800 opened in 1968........... 772 EG
Sullivan Co. LF.................. 2,800 opened in 1962........... 300 EG
Albany LF........................ 2,750 opened in 1969........... 335 NSPS
Colonie LF....................... 3,000 opened in 1972........... 320 NSPS
Fulton Co. LF.................... 5,000 opened in 1989........... 136 EG
DANC............................. 5,500 opened in 1992........... 3 NSPS
Nanticoke........................ 3,200 opened in 1969........... 390 EG
Chemung Co. LF................... 2,750 opened in 1973........... 210 EG
High Acres (WMI)................. 5,630 opened in 1972........... 1,942 NSPS
Mill Seat........................ 6,930 opened in 1993........... 88 NSPS
Ontario Co. LF................... 3,600 opened in 1975........... 27 EG
Seneca Meadows................... 5,300 opened in 1981........... 1,104 NSPS
Monroe Livingston................ 5,210 closed in 1989........... 129 EG
Niagara Recycling................ 3,700 opened in 1970........... 226 EG
Modern LF........................ 6,300 opened in 1983........... 865 EG
Niagara LF (BFI)................. 8,000 closed in 1993........... 334 EG
CID SLF.......................... 5,600 opened in 1957........... 792 EG
Chautauqua Co. LF................ 6,500 opened in 1981........... 228 EG
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D. 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. Part 360-2.21(c) 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).
E. 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. New York's
regulation, part 360-2.21(c), requires the submission of design plans
from all applicable MSW Landfills. The process for state review and
approval of site specific gas collection and control systems is
specified in the State's Title V operating permit review process, to
which these landfills are subject. Thus, New York's section 111(d) plan
adequately addresses this requirement.
F. Compliance Schedules
A 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. 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: (1)
deadlines for the submittal of a final control plan, (2) awarding of
contracts for emission control systems, (3) initiation of on-site
construction or installation of emission control equipment, (4)
completion of on-site construction/installation of emission control
equipment, and (5) final compliance. 40 CFR 60.36c of the EG gives the
general deadline that the planning, the awarding of contracts, and the
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. Meant to
be a guideline for a state developing a plan rather than a plan itself,
the EG does not give specific deadlines for each increment of progress
required in a compliance schedule under 40 CFR 60.21(h).
Part 360-2 of New York's regulation addresses the above increments
of progress, including final compliance, except for increments 2 and 3;
awarding of contracts for emission control systems and initiation of
on-site construction or installation of emission control equipment.
Thus, all the required increments of progress are not included in New
York's regulation.
However, 40 CFR 60.24(e)(2) provides that the compliance schedules
for individual sources may be submitted after the submittal of the
state plan, as long as the compliance schedules are submitted no later
than the deadline for the first annual report required under 40 CFR
60.25(e). After the approval of its landfill plan, it is New York's
intention to incorporate the two missing increments of progress (the
awarding of contracts and the initiation of on-site construction), as
well as the other three increments of progress into compliance
schedules in existing state permits for each facility or in each
facility's Title V operating permit when issued. The incorporation of
the compliance schedule into each facility's permit will include a
public hearing for each affected facility, therefore, making the
compliance schedules, including all increments of progress, legally
enforceable. In a letter dated May 4, 1999 from NYSDEC to EPA, New York
committed to submit the applicable
[[Page 38585]]
Title V operating permits or state permits within one year of EPA
approval of New York's plan in accordance with 40 CFR 60.24(e)(2).
Thus, EPA is conditionally approving New York's State Plan based on the
condition that New York will submit the state permits or Title V
permits for each facility, which will include compliance schedules with
all five increments of progress specified in 40 CFR part 60, subpart B,
section 60.21(h), and within one year of the effective date of this
approval.
If New York does not make the required submittal to EPA within one
year of the effective date of this action, EPA's conditional approval
will convert to a disapproval. In that event, EPA would issue a letter
to notify the State that the condition has not been met, and the
approval has converted to a disapproval.
G. Testing, Monitoring, Recordkeeping and Reporting Requirements
The regulation at 40 CFR 60.34c specifies the testing and
monitoring provisions that state plans must include (section 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 (section 60.35c refers to the requirements found in 40 CFR
60.757 and 60.758). Part 360-2.21(l) requires that all landfills
subject to this rule keep appropriate records of the operation and
maintenance of the collection and control systems. Part 360-2.21(f)(3)
requires monitoring of surface methane concentrations every three
months. If the concentration of methane exceeds 500 parts per million,
the landfill owner must take corrective action. Part 360-2.21(h)
requires annual reporting of operation of the collection and control
systems. Thus, the State's rule satisfies the requirements of 40 CFR
60.34c.
H. Submittal of Annual State Progress Reports to EPA
The regulation at 40 CFR 60.25(e) and (f) requires states to submit
to EPA annual reports on the progress of plan enforcement. New York
will submit to EPA annual reports on the progress in the implementation
of the State Plan. These will be incorporated into the reports required
by 40 CFR part 51, section 51.321, ``Annual source emissions and state
action report''. These reports will include compliance status,
enforcement actions, increments of progress, identification of
landfills that have closed and ceased to operate a collection and
control system, emissions inventory for MSW landfills that were not in
operation or were not identified at the time of plan development,
updated emission data and compliance information, and copies of initial
performance test reports, including control device operating
conditions.
IV. Conclusion
EPA has evaluated the Municipal Solid Waste Landfill State Plan
submitted by New York for consistency with the Act, EPA guidelines and
policy. EPA has determined that New York's State Plan contains all
approvable elements and critical compliance dates, in addition New York
has committed to submit the remaining increments of progress for
compliance. Therefore, EPA is conditionally approving New York's Plan
to implement and enforce subpart Cc, as it applies to existing MSW
Landfills. If New York does not make the required submittal to EPA
within one year of the effective date of this action, EPA's conditional
approval will convert to a disapproval.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal 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 State Plan revision
should adverse comments be filed. This rule will be effective September
17, 1999 without further notice unless the Agency receives adverse
comments by August 18, 1999.
If the EPA receives adverse comments, then EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
V. 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
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. If the mandate is unfunded, EPA must 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, 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, 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
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 EPA
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.
EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This State Plan approval is not subject to
E.O. 13045 because it proposes approval of a state program implementing
a Federal standard, and it is not economically significant under E.O.
12866.
D. Executive Order 13084
Under Executive Order 13084, EPA 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 those communities, unless the Federal
government provides the funds
[[Page 38586]]
necessary to pay the direct compliance costs incurred by the tribal
governments. If the mandate is unfunded, EPA must 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 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
officials 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 Executive Order 13084 do not apply to this rule.
E. Regulatory Flexibility Act
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 final rule will not have a significant impact on a
substantial number of small entities because Conditional approvals of
State Plan submittals under section 111 of the Act does 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 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 Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Act forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).
If the conditional approval is converted to a disapproval under
section 111(d), based on the state's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. Federal disapproval of the state submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, I certify that
this disapproval action will not have a significant economic impact on
a substantial number of small entities because it does not remove
existing requirements nor does it substitute a new federal requirement.
F. 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
annual costs to state, local, or tribal governments in the aggregate;
or to 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 final approval action 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 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. 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 September 17, 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, Air pollution control, Intergovernmental
relations, Methane, Municipal solid waste landfills, Nonmethane organic
compounds, Reporting and recordkeeping requirements.
Dated: July 6, 1999.
William J. Muszynski,
Acting Regional Administrator, Region 2.
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. 7401-7642.
Subpart HH--New York
2. Part 62 is amended by adding Sec. 62.8104 and an undesignated
heading to subpart HH to read as follows:
Landfill Gas Emissions From Existing Municipal Solid Waste
Landfills
Sec. 62.8104 Identification of plan
(a) The New York State Department of Environmental Conservation
submitted to the Environmental Protection Agency a ``State Plan for
implementation and enforcement of 40 CFR part 60, subpart Cc, Emissions
Guidelines for Municipal Solid Waste Landfills' on October 8, 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, as described in 40 CFR part 60,
subpart Cc.
[FR Doc. 99-18041 Filed 7-16-99; 8:45 am]
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