[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Rules and Regulations]
[Pages 50453-50457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[DE037-1015a; FRL-6439-2]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Delaware; 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 Delaware Department of Natural Resources 
and Environmental Control (DNREC) on April 23, 1998. The plan was 
submitted to fulfill requirements of the Clean Air Act (CAA). The 
Delaware 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 16, 1999 unless by October 
18, 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 
Department of Natural Resources and Environmental Control's offices at 
715 Grantham Lane, New Castle; and 89 Kings Highway, Dover, Delaware.

FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 814-2190, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This document is divided into Sections I-V 
and answers the questions posed below.

I. General Provisions

    What 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 Delaware Department of Natural 
Resources and Environmental (DNREC) 111(d) Plan Must Meet for 
Approval
    What general requirements must the DNREC meet to receive 
approval of the Delaware MSW landfill 111(d) plan?
    What does the Delaware State plan contain?
    Does the Delaware 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 Delaware 
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

[[Page 50454]]

emissions limits must I meet, and in what time frame?
    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 Delaware landfill 111(d) plan, as 
submitted on April 23, 1998 by the Delaware Department of Natural 
Resources and Environmental Control (DNREC), 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 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 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 EG promulgated by EPA on March 12, 1996 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 (HAPs), such as vinyl chloride, 
toluene, and benzene. A collateral benefit in the control of NMOC is 
the control of methane.
    Q. What are the expected environmental and public health benefits 
from controlling LFG emissions?
    A. Studies indicate that MSW landfill gas (LFG) emissions can at 
certain levels 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 
HAPs, and VOC, which include odorous compounds. Exposure to HAPs can 
lead to cancer, respiratory irritation, and damage to the nervous 
system. VOC emissions contribute to ozone formation 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 
Delaware 111(d) plan will serve to significantly reduce these potential 
problems associated with LFG emissions.

II. Federal Requirements the Delaware Department of Natural 
Resources and Environmental Control (DNREC) 111(d) Plan Must Meet 
for Approval

    Q. What general requirements must the DNREC meet to receive 
approval of the Delaware MSW landfill 111(d) plan (i.e., the plan)?
    A. Detailed procedures for submitting and approving State plans 
were promulgated by EPA in 40 CFR Part 60, Subpart B. The MSW landfill 
EG, Subpart Cc, and the related new source performance standards 
(NSPS), Subpart WWW, were promulgated on March 12, 1996, and amended on 
June 16, 1998 and February 24, 1999. More specifically, the Delaware 
plan must meet the requirements of 40 CFR Part 60, Subpart Cc, Sections 
60.30c through 60.36c, and the related Subpart WWW; and 40 CFR part 60, 
Subpart B, Sections 60.23 through 26.
    State MSW landfill 111(d) plans submittals were due at EPA on 
December 12, 1996, as required under 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 Delaware State Plan contain?
    A. Consistent with the requirements of Subpart B and Cc, as 
amended, the Delaware Plan contains the following:
    1. A demonstration of the State's legal authority to implement the 
Section 111(d) State Plan;
    2. Regulation No.20, Section 28 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 Delaware process for the review and 
approval of site-specific gas collection and control design plans;
    6. A source compliance schedule that requires final compliance no 
later than September 30, 1998;
    7. Source testing, monitoring, recordkeeping, and reporting 
requirements;
    8. Records of the public hearings on the State Plan; and
    9. Provisions for State submittal to EPA of annual progress reports 
on plan enforcement.
    On April 11, 1998, the DNREC MSW landfill regulation (Regulation 
20, Section 28) became effective. The regulation applies to existing 
MSW landfills and incorporates by reference (IBR) related and 
applicable new source performance standards, Subpart WWW, requirements.
    Q. Does the Delaware plan meet all EPA requirements for approval?
    A. Yes. The DNREC has submitted a 111(d) plan that conforms to all 
Subpart B and Cc requirements cited above.

[[Page 50455]]

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. Copies of the TSD 
are available, upon request, from the EPA Regional Office listed in the 
ADDRESSES portion of this document.
    With respect to the plan's conformance with the June 16, 1998, and 
February 24, 1999 amended EG, the DNREC has submitted letters to EPA 
clarifying DNREC's authority under State law, requesting approval of 
the currently submitted plan, and committing to a revision of the 
Delaware landfill regulation in order to clarify its requirements in 
the context of the EG amendments. As discussed above, the June 16, 1998 
amended EG added clarifying language, made editorial amendments, and 
corrected typographical errors. These amendments relate to four 
substantive changes: (1) Landfill mass ``and'' volume applicability 
threshold language, (2) timely Title V permit applications, (3) the 
definition of landfill ``modification'', and (4) the due date for 
submittal of initial design capacity and NMOC emissions rate reports.
    Regarding the first amendment, a change of ``or'' to ``and'' in the 
EG mass and volume applicability language in affect relaxes the EG 
applicability requirements and standards. Under the amended EG, if the 
landfill design capacity is equal to or greater than 2.5 million 
megagrams ``and'' 2.5 million cubic meters, the landfill owner/operator 
must submit a timely initial NMOC emissions rate report in order to 
determine the need for installation of a collection and control system. 
Under Delaware's MSW landfill regulation, the initial NMOC emissions 
rate report is submitted if the landfill design capacity is equal to or 
greater than 2.5 million megagrams ``or'' 2.5 million cubic meters. 
However, the State of Delaware has the authority to impose more 
stringent emission standards, compliance schedules, and other 
requirements than may be required under federal law. It is important to 
note that Subpart B, Sec. 60.24(g)(2), states that nothing in this 
subpart shall be construed to preclude any State from adopting or 
enforcing emission standards that are more stringent than the EG 
specified in Subpart C (e.g., MSW landfills under Subpart Cc), or 
requiring final compliance at earlier times than those specified in 
Subpart C, or in applicable guideline documents. Furthermore, 
Sec. 60.32c states, ``The designated facility to which the guidelines 
apply is each existing MSW landfill for which construction, 
reconstruction or modification was commenced before May 30, 1991.'' No 
reference is made regarding the design capacity of the landfill. Based 
upon the provisions of Sec. 60.24(g)(2), Sec. 60.32c, and Delaware 
State law, the DNREC's use of ``or'' in its applicability language is 
not cause for EPA disapproval of the its 111(d) plan.
    The second substantive EPA EG amendment relates to the need for 
timely Title V permit application. The DNREC has submitted a letter to 
EPA confirming that its 111(d) Title V permitting requirements are 
consistent with those of the June 1998 EG amendments and its December 
4, 1995 EPA approved Title V program ( 60 FR 62032).
    The third substantive EPA EG amendment relates to the definition of 
landfill ``modification''. This definition has significance only when 
the landfill new source performance standards (NSPS), Subpart WWW, 
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.
    The fourth substantive EPA EG amendment relates to the due date for 
submittal of the initial design capacity and nonmethane organic 
compounds (NMOC) emissions rate reports. The provisions of 40 CFR 
60.24(g)(2) allow states to stipulate compliance schedules requiring 
final compliance at earlier times than those specified in the EG. 
Again, as noted above, the State of Delaware has the authority to 
impose more stringent emission standards, compliance schedules, and 
other requirements than may be required under federal law. Accordingly, 
the DNREC has the authority to impose earlier reporting and compliance 
schedule requirements than those stipulated in the EG. This includes 
the submittal of initial design capacity and NMOC emissions rate 
reports.
    In summary, the Delaware plan meets all EPA requirements for 
approval.

III. Requirements Affected MSW Landfill Owners/Operators Must Meet

    Q. How do I determine if my MSW landfill is subject to the Delaware 
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 the submittal of an initial design capacity 
report. If the design capacity of the landfill is equal to or greater 
than 2.5 million megagrams or 2.5 million cubic meters of MSW, the plan 
then also requires the submittal of 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 50 megagrams or more per year, you are required to install a 
MSW landfill gas collection and control system that meets the design 
and operational requirements specified in Regulation 20, Section 28, 
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 time frame?
    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 is required on or before 
September 30, 1998. Details regarding compliance schedules are 
stipulated in Regulation 20, Section 28(f).
    Q. Are there any operation 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 550 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 operational requirements are stipulated at 
Regulation 20, Section 28, which IBR all the related and applicable 
NSPS requirements.
    Q. What are the testing, monitoring, recordkeeping, and reporting 
requirements for my landfill?

[[Page 50456]]

    A. A summary of these requirements is given 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 DNREC 
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 include gauge pressure, nitrogen or oxygen concentration, 
and temperature. Quarterly monitoring is required of methane surface 
concentrations.
    3. Reporting requirements are stipulated for landfill design 
capacity and NMOC emission 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 Regulation 20, Section 28, which IBR all 
the 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 Delaware 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 Delaware Section 111(d) plan or associated regulations will not be 
considered part of the applicable plan until submitted by the DNREC 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.
    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 16, 1999 without further notice unless the Agency 
receives relevant adverse comments by October 18, 1999. If EPA receives 
such comments, then EPA will publish a document withdrawing the final 
rule and informing the public that the rule did 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 16, 
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 Executive Order 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 Executive Order 12875 do not apply to 
this rule. 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. 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 Executive Order 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 16, 1999. Filing a petition for 
reconsideration by the Administrator of this final rule pertaining to 
the Delaware 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, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Non-methane organic 
compounds, Methane, Municipal solid waste landfills, Reporting and 
recordkeeping requirements.

    Dated: September 2, 1999.
W. Michael McCabe,
Regional Administrator, EPA Region III.
    40 CFR Part 62 is amended as follows:

[[Page 50457]]

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart I--Delaware

    2. A new undesignated center heading and Secs. 62.1950, 62.1951, 
and 62.1952 are added to subpart I to read as follows:

Landfill Gas Emissions From Existing Municipal Solid Waste 
Landfills (Section 111(d)) Plan)


Sec. 62.1950  Identification of plan.

    Section 111(d) plan for municipal solid waste landfills and the 
associated Delaware Department of Natural Resources, Division of Air 
and Waste Management, Regulation No. 20, Section 28, as submitted on 
April 23, 1998.


Sec. 62.1951  Identification of sources.

    The plan applies to all Delaware 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. 62.11952  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is November 16, 1999.
[FR Doc. 99-24041 Filed 9-16-99; 8:45 am]
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