[Federal Register Volume 64, Number 173 (Wednesday, September 8, 1999)]
[Rules and Regulations]
[Pages 48714-48718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23189]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[MD-091-3041a; FRL-6433-7]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Maryland; Control of Emissions from Existing
Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves the municipal solid waste (MSW) landfill
111(d) plan submitted by the Air and Radiation Management
Administration, Maryland Department of the Environment (MDE), on March
23, 1999. The plan was submitted to fulfill requirements of the Clean
Air Act (CAA). The Maryland plan establishes emission limits for
existing MSW landfills, and provides for the implementation and
enforcement of those limits.
DATES: This final rule is effective November 8, 1999 unless within
October 8, 1999 adverse or critical comments are received. 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: Comments may be mailed to Walter Wilkie, Acting Chief,
Technical Assessment Branch, Mailcode 3AP22, Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the following
locations: Air Protection Division, Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania; and the Air
Radiation Management Administration, Maryland Department of the
Environment, 2500 Broening Highway, Baltimore, Maryland 21224.
FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 814-2190, or
by e-mail at [email protected].
[[Page 48715]]
SUPPLEMENTARY INFORMATION: This document is divided into Sections I--V,
and answers the questions posed below.
I. General provisions
What action is EPA approving?
What is a State 111(d) plan?
What pollutant(s) will this action control?
What are the expected environmental and public health benefits
from controlling landfill gas (LFG) emissions?
II. Federal Requirements the Maryland Department of the Environment
(MDE) 111(d) Plan Must Meet for Approval
What general EPA requirements must the MDE meet to receive
approval of its landfill 111(d) plan?
What does the Maryland plan contain?
Does the Maryland plan meet all EPA requirements for approval?
III. Requirements for Affected MSW Landfill Owners/Operators
How do I determine if my MSW landfill is subject to the Maryland
111(d) plan?
What general requirements must I meet as an affected landfill
owner/operator who is subject to the EPA approved plan?
If my landfill is subject to the plan's requirement for
installation of a LFG collection and control system, what emissions
limits must I meet, and in what timeframe?
Are there any operational requirements for my installed LFG
collection and control system?
What are the testing, monitoring, recordkeeping, and reporting
requirements for my landfill? If I modify or expand the capacity of
my landfill, what additional requirements must I meet?
IV. Final EPA Action
V. Administrative Requirements
I. General Provisions
Question (Q): What action is EPA approving?
Answer (A): We are approving the Maryland landfill 111(d) plan, as
submitted by the Maryland Department of the Environment (MDE) to EPA on
March 23, 1999, for the control of non-methane organic compound (NMOC)
emissions from municipal solid waste (MSW) landfills. We are publishing
this action without prior proposal because we view this as a
noncontroversial amendment and anticipate no adverse comments.
Q: What is a State 111(d) plan?
A: Section 111(d) of the Clean Air Act (CAA) requires that
``designated'' pollutants, controlled under section 111(b) standards of
performance for new stationary sources, must also be controlled at
existing sources (i.e., designated facilities) in the same source
category. Furthermore, section 111(d) requires EPA to establish
procedures for state submittal and EPA approval of state plans that
implement state adopted emissions guidelines (EG) for the control of
designated pollutants and facilities. State 111(d) plans, approved by
EPA, implement and provide for federal enforceability of the EG
requirements.
Q: What pollutant(s) will this action control?
A: The promulgated March 12, 1996 EPA EG (61 FR 9919) are
applicable to existing municipal solid waste (MSW) landfills (i.e., the
designated facilities) that emit landfill gas (LFG). LFG consists
primarily of carbon dioxide, methane, and nonmethane organic compounds
(NMOC). MSW landfills are the largest manmade source of methane
emissions in the United States. The designated pollutant, NMOC, is a
mixture of more than 100 different compounds, including volatile
organic compounds (VOC), and hazardous pollutants (HAP), such as vinyl
chloride, toluene, and benzene. A collateral benefit in the control of
landfill NMOC is the control of methane.
Q: What are the expected environmental and public health benefits
from controlling landfill gas (LFG) emissions?
A: Studies indicate that MSW landfill gas (LFG) emissions at
certain levels can have adverse effects on both public health and
welfare. EPA presented its concerns with the health and welfare effects
of landfill gases in the preamble to the proposed MSW landfill
regulations (56 FR 24468). As noted above, MSW landfills emit NMOC that
contains HAP, and VOC, which include odorous compounds. Exposure to HAP
can lead to cancer, respiratory irritation, and damage to the nervous
system. VOC emissions contribute to the formation of ozone which can
result in adverse affects on human health and vegetation. Methane
contributes to global climate change and can also result in fires or
explosions, if the gas accumulates in structures, on or off the
landfill site. The Maryland 111(d) plan will serve to significantly
reduce these potential problems associated with LFG emissions.
II. Federal Requirements the Maryland Department of the Environment
(MDE) 111(d) Plan Must Meet for Approval
Q. What general requirements must the MDE meet to receive approval
of its landfill 111(d) plan?
A. EPA promulgated detailed procedures for submitting and approving
State plans in 40 CFR part 60, subpart B. Also, EPA promulgated the MSW
landfill EG (subpart Cc) and related NSPS (subpart WWW) on March 12,
1996, and amended them on June 16, 1998 and February 24, 1999. More
specifically, the Maryland plan must meet the requirements of (1) 40
CFR part 60, subpart Cc, sections 60.30c through 60.36c, and the
related subpart WWW; and (2) 40 CFR part 60, subpart B, sections 60.23
through 26.
States were required to submit their MSW landfill 111(d) plans to
EPA on December 12, 1996, pursuant to the provisions of section 111(d)
of the CAA and 40 CFR part 60, subpart B, and the March 16, 1997
promulgated MSW landfill EG, subpart Cc. As a result of litigation over
the landfill rule, on November 13, 1997, EPA issued a notice of
proposed settlement in National Solid Wastes Management Association v.
Browner, et al., No. 96-1152 (D.C. Cir.), in accordance with section
113(g) of the Act. See 62 FR 60898. Pursuant to the proposed settlement
agreement, EPA published, in the Federal Register, a direct final
rulemaking on June 16, 1998, in which EPA amended 40 CFR part 60,
subparts Cc and WWW, to add clarifying language, make editorial
amendments, and to correct typographical errors. The proposed
settlement did not vacate or void the March 12, 1996 MSW landfill EG or
NSPS. Furthermore, as stated in the June 16, 1998, preamble, the
amendments to 40 CFR part 60, subparts Cc and WWW, do not significantly
modify the requirements of those subparts. See 63 FR 32743-32753,
32783-32784. In part, these amendments clarified the EG regulatory text
with respect to landfill mass and volume applicability and Title V
permit requirements. On February 24, 1999 (64 FR 9258), EPA again
amended the MSW landfill rule to further clarify the regulatory text
and correct errors with respect to the due date for the submittal of
the initial landfill design capacity and emissions rate reports, and
the definition of landfill ``modification.''
Q. What does the Maryland plan contain?
A. Consistent with the requirements of 40 CFR part 60, subparts B
and Cc, as amended, the Maryland plan contains the following:
1. A demonstration of the State's legal authority to implement the
section 111(d) State Plan;
2. COMAR 26.11.19.20 as the enforceable mechanism;
3. A source inventory of known designated facilities, including
NMOC emissions rate estimates;
4. Emission collection and control requirements that are no less
stringent than those in Subpart Cc;
5. A description of the Maryland process for the review and
approval of site-specific gas collection and control design plans;
[[Page 48716]]
6. A source compliance schedule, including increments of progress,
that requires final compliance no later than 30 months from the date
the NMOC emissions rate was first calculated to be 55 tons (50
megagrams) or more per year;
7. Source testing, monitoring, recordkeeping, and reporting
requirements;
8. Records of the public hearings on the State Plan; and
9. A provision for State submittal to EPA of annual reports on
progress in plan enforcement.
On February 5, 1998, the MDE adopted a regulation, Code of Maryland
Regulation (COMAR) 26.11.19.20, Control of Landfill Emissions from
Municipal Solid Waste Landfills. The regulation applies to existing MSW
landfills and incorporates by reference (IBR) related and applicable
subpart WWW requirements. On March 2, 1999, Maryland adopted COMAR
26.11.19.20 amendments to ensure that the MDE reporting, calculation
methods, and all other requirements were consistent with EPA guidance.
Q: Does the Maryland plan meet all EPA requirements for approval?
A: Yes. The MDE has submitted a 111(d) plan that conforms to all
EPA subpart B and Cc requirements cited above. Each of the above listed
plan elements is approvable. Details regarding the approvability of
plan elements are included in the technical support document (TSD)
associated with this action. A copy of the TSD is available, upon
request, from the EPA Regional Office listed in the ADDRESSES section
of this document.
The plan includes an amended MDE landfill regulation that
incorporates a substantive provision of the EPA June 1998 EG
amendments. Specifically, the MDE landfill rule establishes a landfill
applicability requirement, consistent with the amendments, based on
landfill mass ``and'' volume. Furthermore, the MDE has submitted a
letter to EPA confirming that its Title V permitting requirements are
also consistent with those of the June 1998 EG amendments, and its July
1996 EPA approved Title V Program (61 FR 34739).
Other substantive EPA EG amendments relate to the definition of
landfill ``modification'' and the due date for submittal of the initial
design capacity and emission rate reports. These two amendments were
further clarified by EPA's February 24, 1999 EG technical amendments.
The MDE has not submitted a 111(d) plan revision that incorporates the
provisions of the February 24, 1999 EG amendments. With respect to the
definition of landfill ``modification,'' the amendments have
significance only when the landfill NSPS applicability requirements are
triggered. Therefore, the State need not incorporate this definition
into its MSW regulation 111(d) plan definitions. NSPS requirements are
self-implementing. However, when considering the due date for submittal
of the initial design capacity and emissions rate reports, it is
important to note that subpart B, 60.24(g)(2) allows states to impose
compliance schedules requiring final compliance at earlier times than
those specified in the EG. Although, the Annotated Code of Maryland
section 2-302 contains language restricting the stringency of the air
quality standards and emission standards, there is no reference to
compliance schedules. Accordingly, the MDE has the authority to impose
earlier reporting and compliance requirements than those stipulated in
the EG.
III. Requirements for Affected MSW Landfill Owners/Operators
Q: How do I determine if my MSW landfill is subject to the Maryland
111(d) plan?
A: If your MSW landfill was constructed, reconstructed or modified
before May 30, 1991, and received MSW on or after November 8, 1987,
then it is subject to the 111(d) plan.
Q: What general requirements must I meet as an affected landfill
owner/operator who is subject to the EPA approved plan?
A: The plan requires you to submit an initial design capacity
report, and possibly a NMOC emissions rate report. If the design
capacity of your landfill is equal to or greater than 2,750,000 tons
(2.5 million megagrams) and 3,260,000 cubic yards (2.5 million cubic
meters) of MSW, the plan requires you to also submit, concurrently with
the design capacity report, an initial NMOC emissions rate report. The
NMOC emissions rate must be calculated according to methods specified
in the regulation. If your calculated landfill NMOC emissions rate is
55 tons (50 megagrams) or more per year, you are required to install a
MSW landfill gas collection and control system that meets design and
operational requirements specified in COMAR 26.11.19.20.G, which IBR
all related and applicable NSPS requirements.
Q: If my landfill is subject to the plan's requirement for
installation of a LFG collection and control system, what emissions
limits must I meet, and in what timeframe?
A: You must install a landfill gas collection and control system to
reduce the collected NMOC emissions by 98 weight-percent, or reduce the
emissions from the control device to a concentration of 20 parts per
million by volume, or less, for an enclosed combustor. The installation
of the required collection and control system must be completed within
30 months from the date the NMOC emission rate was first calculated to
be 55 tons (50 megagrams) or more per year. Details regarding
compliance schedules are stipulated in COMAR 26.11.19.20.E and H(1).
Q: Are there any operational requirements for my installed LFG
collection and control system?
A: Yes, there are operational requirements. These requirements are
summarized below:
1. Operate the collection system wellheads at negative pressure;
2. Operate the interior collection wellheads with a landfill gas
temperature less than 55 deg.C and with either a nitrogen level less
than 20 percent or an oxygen level less than 5 percent;
3. Operate the collection system so that the methane gas
concentration is less than 500 parts per million above background at
the surface of the landfill;
4. Operate the collection system so that the colleted gases are
vented to the control system; and
5. Operate the collection and control system at all times.
Details regarding all operational requirements are stipulated at
COMAR 26.11.19.20.G(3), which IBR the related and applicable NSPS
requirements.
Q: What are the testing, monitoring, recordkeeping, and reporting
requirements for my landfill?
A: Your testing, monitoring, recordkeeping, and reporting
requirements are summarized below:
1. Performance testing, to determine compliance with 98 weight-
percent efficiency, or the 20 ppmv outlet concentration level, must be
completed within 180 days after construction completion on the
collection and control system. Performance and source test methods must
be consistent with EPA test methods, as referenced in the MDE landfill
regulation.
2. Monitoring of control devise temperature on a continuous basis
is required for enclosed combustion control devices, and flares.
Measurement of the gas flow rate from the collection system to an
enclosed combustion device, or flare, is required at least once every
15 minutes, unless the bypass line valves are secured in a closed
position. Monthly monitoring requirements are specified in the
regulation for the gas collection system. Gas wellhead monitored
parameters
[[Page 48717]]
include gauge pressure, nitrogen or oxygen concentration, and
temperature. Quarterly monitoring is required of methane gas surface
concentrations.
3. Reporting requirements are stipulated for landfill design
capacity and NMOC emissions rates; submittal of a collection and
control system design plan; system start-up; performance testing;
system operations; closure notification; and equipment removal.
4. On-site recordkeeping is required with respect to maximum design
capacity, current amount of solid waste in-place, year-by-year waste
acceptance rate; life of the control equipment, as measured during the
initial performance test or compliance determination; and control
device specifications until removal.
Details regarding testing, monitoring, recordkeeping, and reporting
requirements are stipulated in COMAR 26.11.19.20.D, F, G, and H, which
IBR all related and applicable NSPS requirements.
Q: If I modify or expand the capacity of my landfill, what
additional requirements must I meet?
A: Any MSW landfill that commences construction, modification, or
reconstruction on or after May 30, 1991 is subject to the EPA NSPS for
landfills, 40 CFR part 60, subpart WWW.
IV. Final EPA Action
Based upon the rationale discussed above and in further detail in
the TSD associated with this action, EPA is approving the Maryland MSW
landfill 111(d) plan for the control of landfill gas emissions from
affected facilities. As provided by 40 CFR 60.28(c), any revisions to
the Maryland section 111(d) plan or associated regulations will not be
considered part of the applicable plan until submitted by the MDE in
accordance with 40 CFR 60.28 (a) or (b), as applicable, and until
approved by EPA in accordance with 40 CFR part 60, subpart B,
requirements.
EPA is publishing this action 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, EPA is publishing a separate document
that will serve as the proposal to approve the 111(d) plan should
relevant adverse or critical comments be filed. This rule will be
effective November 8, 1999 without further notice unless the Agency
receives relevant adverse comments by October 8, 1999. If EPA receives
such comments, then EPA will publish a document withdrawing the final
rule and informing the public that the rule will 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 this rule. Only parties interested in commenting on
this rule should do so at this time. If no such comments are received,
the public is advised that this rule will be effective on November 8,
1999 and no further action will be taken on the proposed rule.
V. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.'' Because today's rule does not create a mandate
on state, local or tribal governments, it 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. This final rule
is not subject to E.O. 13045 because it is not an economically
significant regulatory action as defined by E.O. 12866, and it does not
address an environmental health or safety risk that would have a
disproportionate effect on children. 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. Under the Regulatory
Flexibility Act (RFA), because the Federal 111(d) 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.
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), EPA 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.
B. Submission to Congress and the General Accounting 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. 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 this rule in today's Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. 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 November 8, 1999. Filing a petition for
reconsideration by the Administrator of this final rule pertaining to
the Maryland MSW landfill 111(d) plan 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, Non-methane
organic compounds, Methane, Municipal solid waste landfills, Reporting
and recordkeeping requirements.
Dated: August 30, 1999.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
40 CFR Part 62, Subpart I, 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 V--Maryland
2. Subpart V is amended by adding an undesignated center heading
and sections 62.5150, 62.5151, and 62.5152 to read as follows:
Landfill Gas Emissions from Existing Municipal Solid Waste Landfills
(Section 111(d)) Plan)
Sec. 62.5150 Identification of plan.
On March 23, 1999, the Maryland Department of the Environment
submitted to the Environmental Protection Agency a 111(d) Plan to
implement and enforce the requirements of 40 CFR part 60, subpart Cc,
Emissions Guidelines for Municipal Solid Waste Landfills.
[[Page 48718]]
Sec. 62.5151 Identification of sources.
The plan applies to all Maryland existing municipal solid waste
landfills for which construction, reconstruction, or modification was
commenced before May 30, 1991 and 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.
Sec. 62.5152 Effective date.
The effective date of the plan for municipal solid waste landfills
is November 8, 1999.
[FR Doc. 99-23189 Filed 9-7-99; 8:45 am]
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