[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Rules and Regulations]
[Pages 60689-60706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28726]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[AD-FRL-6469-8]
RIN 2060-AI50
Federal Plan Requirements for Municipal Solid Waste Landfills
That Commenced Construction Prior to May 30, 1991 and Have Not Been
Modified or Reconstructed Since May 30, 1991
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this action EPA is promulgating (adopting) a Federal plan
to implement emission guideline requirements for existing municipal
solid waste (MSW) landfills located in States and Indian country where
State plans or Tribal plans are not currently in effect. For most
areas, the Federal plan is an interim action because, on the effective
date of an approved State or Tribal plan, the Federal plan will no
longer apply to MSW landfills covered by the State or Tribal plan. This
MSW landfills Federal plan includes the same required elements
specified in 40 CFR part 60, subparts B, Cc, and WWW for a State plan:
identification of legal authority and mechanisms for implementation;
inventory of affected facilities; emissions inventory; emission limits;
compliance schedules; a process for EPA or State review of design plans
for site-specific gas collection and control systems; testing,
monitoring, reporting and recordkeeping requirements; public hearing
requirements; and progress reporting requirements. This Federal plan
will most likely affect the industry sectors Air and Water Resource and
Solid Waste Management, and Refuse Systems--Solid Waste Landfills,
which are North American Industrial Classification System Codes 92411
and 562212 and Standard Industrial Classification Codes 9511 and 4953.
EFFECTIVE DATE: The effective date of this MSW landfills Federal plan
is January 7, 2000.
ADDRESSES: Docket. Docket numbers A-98-03 and A-88-09 contain the
supporting information for this promulgated rule and EPA's promulgation
of standards of performance for new MSW landfills and emission
guidelines for existing MSW landfills, respectively. These dockets are
available for public inspection and copying between 8:00 a.m. and 5:30
p.m., Monday through Friday, at EPA's Air and Radiation Docket and
Information Center (Mail Code 6102), 401 M Street, SW, Washington, D.C.
20460, or by calling (202) 260-7548. The fax number for the Center is
(202) 260-4000 and the e-mail address is ``A-and-R-
D[email protected]''. The docket is located at the above address in
Room M-1500, Waterside Mall (ground floor, central mall). A reasonable
fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For procedural and implementation
information regarding this Federal plan, contact Ms. Mary Ann Warner at
(919) 541-1192, Program Implementation and Review Group, Information
Transfer and Program Integration Division (MD-12), U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711. For
technical information, contact Ms. Michele Laur at (919) 541-5256,
Waste & Chemical Processes Group, Emission Standards Division (MD-13),
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711. For information regarding the implementation of this
Federal plan, contact the appropriate Regional Office (table 3) as
shown in section J of Supplementary Information.
SUPPLEMENTARY INFORMATION:
Judicial Review. The EPA proposed this section 111(d) rule for MSW
landfills on December 16, 1998 (63 FR 69364). This action adopting a
rule for MSW landfills constitutes final administrative action
concerning that proposal. Under section 307(b)(1) of the Clean Air Act
(Act), judicial review of this final rule is available only by filing a
petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit by January 7, 2000. Under section 307(d)(7)(B) of the
Act, only an objection to this rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the Act, the
requirements established by today's final action may not be challenged
separately in any civil or criminal
[[Page 60690]]
proceeding brought by the EPA to enforce these requirements.
Electronic Copy. In addition to being available in the docket, an
electronic copy of today's document that includes the regulatory text
is available through the EPA Technology Transfer Network Website (TTN
Web) recent actions page for newly proposed or promulgated rules
(http://www.epa.gov/ttn/oarpg/ramain.html). The TTN Web provides
information and technology exchange in various areas of air pollution
control. For TTN help information, call the TTN Web helpline at (919)
541-5384.
Regulated Entities. Entities regulated by this action are all
existing MSW landfills unless the landfill is covered by an EPA-
approved section 111(d) State or Tribal plan that is currently
effective. Existing landfills are those that:
(i) commenced construction, modification, or reconstruction prior
to May 30, 1991;
(ii) have not been modified or reconstructed since May 30, 1991;
and
(iii) have accepted waste since November 8, 1987 or have additional
capacity for future waste deposition.
Regulated categories and entities include the following North
American Industrial Classification System (NAICS) and Standard
Industrial Classification System (SIC) codes:
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Examples of potentially regulated
Category NAICS code SIC code entities
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Industry: Air and water resource and solid 92411 9511 Municipal solid waste landfills that
waste management. commenced construction, modification,
or reconstruction before May 30,
1991.
Industry: Refuse systems--solid waste 562212 4953
landfills.
State, local, and Tribal government agencies.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in this table could also be affected. To determine whether a
facility, company, or business organization is regulated by this
action, carefully examine the applicability criteria in Secs. 62.14350
and 62.14352 of subpart GGG.
Based on the status of State plans as of June 14, 1999 (A-98-03,
IV-J-20) and the MSW landfills inventory (A-98-03, IV-B-3), EPA
projects that the MSW landfills Federal plan could initially affect
more than 3,800 MSW landfills in approximately 28 States,
protectorates, and municipalities. However, EPA expects many State
plans to be approved and become effective in the next few months;
therefore, the number of landfills affected by this Federal plan will
continue to decrease as State and Tribal plans are approved and become
effective.1
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\1\ While the inventory was completed June 14, 1999, table 2 in
the preamble and tables 1 and 2 in the regulation were updated as of
October 19, 1999 and reflect more current information.
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Outline. The following outline shows the organization of the
remainder of the SUPPLEMENTARY INFORMATION section of this preamble.
I. Background of Landfills Regulations and Affected Facilities
A. Background of MSW Landfills Regulations
B. MSW Landfills Federal Plan and Affected Facilities
C. MSW Landfills Federal Plan and Negative Declaration Letters
D. MSW Landfills Federal Plan and the New Source Performance
Standards
E. Implementing Authority
F. MSW Landfills Federal Plan and Indian Country
G. MSW Landfills Federal Plan and Compliance Schedules
H. MSW Landfills Excluded From Federal Plan Applicability
I. Status of State Plan Submittals
J. Regional Office Contacts
II. Required Elements of this Municipal Solid Waste Landfills
Federal Plan
III. Summary of Comments and Changes Since Proposal
A. State Plan Interim Approval
B. Design Capacity Estimates and Reports
C. Inventory of Landfills
D. Calculating Emissions Rate for Control Applicability
E. Final Control Plan
F. Increments of Progress
G. Delegation
IV. Implementation of Federal Plan and Delegation
A. Background of Authority
B. Delegation of the Federal Plan and Retained Authorities
C. Mechanisms for Transferring Authority
V. Title V Operating Permits
VI. Summary of Federal Plan
VII. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Executive Orders on Federalism
E. Executive Order 13045
F. Executive Order 13084
G. Unfunded Mandates Reform Act
H. Regulatory Flexibility Act
I. Submission to Congress and the General Accounting Office
J. National Technology Transfer and Advancement Act
I. Background of Landfills Regulation and Affected Facilities
A. Background of MSW Landfills Regulations
On March 12, 1996 the EPA promulgated in the Federal Register
emission guidelines (61 FR 9905) for existing MSW landfills (40 CFR
part 60, subpart Cc) under authority of section 111 of the Act. The
guidelines apply to existing MSW landfills, i.e., those that:
(i) commenced construction, modification, or reconstruction before
May 30, 1991;
(ii) have not been modified or reconstructed since May 30, 1991;
and
(iii) have accepted waste since November 8, 1987 or have additional
capacity for future waste deposition.
On June 16, 1998 and February 24, 1999, EPA published notices to
amend, correct errors, and clarify regulatory text for 40 CFR part 60,
subpart Cc (63 FR 32743 and 64 FR 9258). These clarifications and
amendments did not affect the due date or the required content of State
plans for existing MSW landfills which were originally due on December
12, 1996. They did, however, trigger a requirement under 40 CFR
60.23(a)(2) for States, territories, localities, and Tribes to submit
proposed revisions to State or Tribal plans to EPA. These plans would
incorporate the requirements of the clarifications and amendments.
To make the guidelines enforceable, States with existing MSW
landfills subject to the guidelines were required to submit to EPA a
State plan that implements and enforces the emission guidelines within
9 months of promulgation of the guidelines (December 12, 1996). States
without existing landfills or without existing
[[Page 60691]]
landfills that require control must submit a negative declaration
letter. Following receipt of the State plan, EPA has up to 4 months to
approve or disapprove the plan. In appropriate circumstances, case-by-
case extensions can be granted (40 CFR 60.27(a)). In some cases, local
agencies or protectorates of the United States submit plans for
landfills in their jurisdictions. As discussed in section I.F. of this
preamble, Indian Tribes may, but are not required to, submit Tribal
plans.
If a State does not have an approved State plan, section 111 of the
Act and 40 CFR 60.27(c) and (d) require EPA to develop, implement, and
enforce a Federal plan for existing MSW landfills located in that
State. In addition, section 301(d)(2) authorizes the Administrator to
treat an Indian tribe in the same manner as a State for this MSW
landfill requirement. (See section 49.3 of ``Indian Tribes: Air Quality
Planning and Management,'' hereafter ``Tribal Authority Rule,'' 63 FR
7254, February 12, 1998.) For Indian tribes that do not have an
approved MSW landfills Tribal plan, EPA must develop, implement and
enforce a Federal plan for them.
Today's action, which will be codified as subpart GGG of 40 CFR
part 62, adopts a MSW landfills Federal plan that includes the elements
described in section II of this preamble.
B. MSW Landfills Federal Plan and Affected Facilities
This final MSW landfills Federal plan affects existing MSW
landfills that:
(i) commenced construction, reconstruction or modification prior to
May 30, 1991;
(ii) have not been modified or reconstructed since May 30, 1991;
and
(iii) have accepted waste since November 8, 1987 or have capacity
for future waste deposition.
The MSW landfills Federal plan applies to existing MSW landfills
located in: (1) Any State or portion of Indian country for which a
State or Tribal plan has not become effective; (2) Any State or portion
of Indian country for which the State or Tribe submitted a negative
declaration; (3) Any State or portion of Indian country with an
effective State or Tribal plan that subsequently is vacated in whole or
in part; or (4) Any State or portion of Indian country with an
effective plan that subsequently revises any component of the plan
(e.g., the underlying legal authority or enforceable mechanism) such
that the State or Tribal plan is no longer as stringent as the emission
guidelines. A landfill that meets any of these criteria is covered by
the Federal plan until an applicable State or Tribal plan is approved
and becomes effective. An approved State or Tribal plan is a plan that
EPA has reviewed and approved based on the requirements in 40 CFR part
60, subpart B to implement and enforce 40 CFR part 60, subpart Cc. The
State plan becomes effective on the date specified in the notice
published in the Federal Register announcing EPA's approval.
The effective date of this Federal plan is January 7, 2000. The
effective date is 60 days after the date of this publication, rather
than 30 days after publication as proposed. This extra 30 days will
allow EPA to approve additional State plans. The EPA does not expect
the delay to affect the environmental benefits of this regulation.
C. MSW Landfills Federal Plan and Negative Declaration Letters
A negative declaration is a letter to EPA declaring that either
there are no existing MSW landfills in the State or portion of Indian
country or there are no existing MSW landfills in the State or portion
of Indian country that must install collection and control systems
according to the requirements of the emission guidelines. States or
Indian tribes that submit negative declarations are not expected to
submit State or Tribal plans, but existing MSW landfills with a design
capacity equal to or greater than 2.5 million megagrams (Mg) and 2.5
million cubic meters (m\3\) in the State or portion of Indian country
are subject to the MSW landfills Federal plan. Existing MSW landfills
with a design capacity less than 2.5 million Mg or 2.5 million m\3\
that are located in States or portion of Indian country that submitted
a negative declaration letter are not required to submit an initial
design capacity report if the negative declaration letter includes the
design capacity for the landfills.
The preamble to the proposed rule incorrectly indicated that
submission of the initial design capacity report was the only
requirement applicable to a MSW landfill with a design capacity below
2.5 million Mg and 2.5 million m\3\. Such MSW landfills, however,
continue to be subject to the requirements in the definition of design
capacity in Sec. 62.14351 to recalculate the site-specific density
annually and in Sec. 62.14355 to submit an amended design capacity
report in the event that the recalculated design capacity is equal to
or greater than 2.5 million Mg and 2.5 million m\3\. Section 62.14355
as proposed and as finalized herein, accurately states that these
landfills are only exempt from the requirement to submit an initial
design capacity report. The EPA has added language to Sec. 62.14352(c)
to make it clearer that a MSW landfill located in a State, locality or
portion of Indian country that submitted a negative declaration remains
subject to the requirements to recalculate site-specific density
annually and to submit an amended design capacity report in the event
that the recalculated design capacity is equal to or greater than 2.5
million Mg and 2.5 million m\3\.
Existing MSW landfills overlooked by a State or Indian tribe that
submitted a negative declaration letter and existing landfills not
included in a State or Tribal plan are subject to the Federal plan
until a State or Tribal plan that includes these sources is approved
and effective. For instance, in the event that an existing MSW landfill
that must install a collection and control system according to the
emission guidelines is subsequently identified where a negative
declaration has been submitted, the Federal plan requirement to install
a collection and control system would apply. As discussed in section
I.F. of this preamble, the Federal plan applies throughout Indian
country until an approved State or Tribal plan becomes effective. As
discussed in section I.H. of this preamble, the Federal plan, by its
own terms, no longer applies to a MSW landfill appropriately covered by
an approved State or Tribal plan that becomes effective after
promulgation of the Federal plan. The specific applicability of this
plan is described in Secs. 62.14350 and 62.14352 of subpart GGG.
D. MSW Landfills Federal Plan and the New Source Performance Standards
An existing MSW landfill that increases its permitted volume design
capacity through vertical or horizontal expansion (i.e., is modified)
on or after May 30, 1991, is subject to the New Source Performance
Standards (NSPS), 40 CFR part 60, subpart WWW (see 63 FR 32743, June
16, 1998). Existing MSW landfills that make operational changes without
increasing the horizontal or vertical dimensions of the landfill
continue to be subject to the Federal or State plan that implements the
emission guidelines, rather than the NSPS. Examples of such operational
changes at a MSW landfill include changing the moisture content of the
waste, increasing the physical compaction on the surface, changing the
cover material or thickness of the daily cover, and changing baling or
compaction practices. This interpretation is consistent with the
amendments to the
[[Page 60692]]
landfills emission guidelines and NSPS, which are consistent with the
landfill litigation settlement agreement. A MSW landfill that has been
reconstructed on or after May 30, 1991 would also be subject to the
NSPS, not the Federal or State plan that implements the emission
guidelines. Reconstructions are unlikely for landfills. As specified in
the NSPS General Provisions, reconstructions are ``the replacement of
components of an existing facility [landfill] to such an extent that:
the fixed capital cost of the new components exceeds 50 percent of the
fixed capital cost of a comparable entirely new facility [landfill].''
The EPA knows of no situation where this would occur at a landfill.
E. Implementing Authority
The EPA Regional Administrators are the delegated authority for
implementing the MSW landfills Federal plan. All reports required by
this Federal plan should be submitted to the appropriate Regional
Administrator. Table 1 lists the States located in each region and the
addresses of the EPA Regional Administrators.
Table 1.--EPA Regional Administrators
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Regional contact State or protectorate
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EPA Region I, One Congress Street, John F. CT, MA, ME, NH, RI, VT.
Kennedy Federal Bldg., Boston, MA 02203-0001.
EPA Region II, 290 Broadway, New York, NY 10007- NJ, NY, PR, VI.
1866.
EPA Region III, 1650 Arch Street, Philadelphia, DC, DE, MD, PA, VA, WV.
PA 19106.
EPA Region IV, 61 Forsyth Street, SW, Atlanta, AL, FL, GA, KY, MS, NC, SC, TN.
GA 30303.
EPA Region V, 77 W. Jackson Blvd., Chicago, IL IL, IN, MI, MN, OH, WI.
60604-3507.
EPA Region VI, Fountain Place, 12th Floor, Suite AR, LA, NM, OK, TX.
1200, 1445 Ross Avenue, Dallas, TX 75202-2733.
EPA Region VII, 726 Minnesota Avenue, Kansas IA, KS, MO, NE.
City, KS 66101.
EPA Region VIII, 999 18th Street, Suite 500, CO, MT, ND, SD, UT, WY.
Denver, CO 80202-2466.
EPA Region IX, 75 Hawthorne Street, San AS, AZ, CA, GU, HI, NMI, NV.
Francisco, CA 94105.
EPA Region X, 1200 Sixth Avenue, Seattle, WA AK, ID, OR, WA.
98101.
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F. MSW Landfills Federal Plan and Indian Country
The MSW landfills Federal plan applies throughout Indian country to
ensure that there is not a regulatory gap for existing MSW landfills in
Indian country. The EPA requested comments, but received none, on its
proposed approach to applying the landfills Federal plan in Indian
country; therefore, the proposed approach, which is repeated here, is
final.
Indian tribes have the authority under the Act to develop Tribal
plans in the same manner States develop State plans. On February 12,
1998, EPA promulgated regulations that outline provisions of the Act
for which EPA is authorized to treat Tribes in the same manner as
States (see 63 FR 7254, Tribal Authority Rule; codified at 40 CFR part
49). Upon the effective date of the Tribal Authority Rule, March 16,
1998, EPA has the authority to approve Tribal programs, such as Tribal
plans or programs to implement and enforce MSW landfill emission
guidelines, under the Act. Section 301(d)(2) authorizes the
Administrator to treat an Indian tribe in the same manner as a State
for the Clean Air Act provisions identified in 40 CFR section 49.3 if
the Indian tribe meets the following criteria:
(a) The applicant is an Indian tribe recognized by the Secretary of
the Interior;
(b) The Indian tribe has a governing body carrying out substantial
governmental duties and functions;
(c) The functions to be exercised by the Indian tribe pertain to
the management and protection of air resources within the exterior
boundaries of the reservation or other areas within the tribe's
jurisdiction; and
(d) The Indian tribe is reasonably expected to be capable, in the
EPA Regional Administrator's judgement, of carrying out the functions
to be exercised in a manner consistent with the terms and purposes of
the Clean Air Act and all applicable regulations (see section 49.6 of
the Tribal Authority Rule, 63 FR 7272). In addition, if a Tribe meets
these criteria, the EPA can delegate authority to implement the Federal
plan to an Indian tribe the same way it can delegate authority to the
State.
In addition to giving Indian tribes authority to develop Tribal
plans, the Act also provides EPA with the authority to administer
Federal programs in Indian country. This interpretation of EPA's
authority under the Act is based in part on the general purpose of the
Act, which is national in scope. In addition, section 301(a) of the Act
provides EPA broad authority to issue regulations that are necessary to
carry out the functions of the Act. The EPA believes that Congress
intended for EPA to have the authority to operate a Federal program in
instances when Tribes choose not to develop a program, do not adopt an
approvable program, or fail to adequately implement an air program
authorized under section 301(d) of the Act. Finally, section 301(d)(4)
of the Act authorizes the Administrator to directly administer
provisions of the Act to achieve the appropriate purpose, where Tribal
implementation of those provisions is not appropriate or
administratively feasible. The EPA's interpretation of its authority to
directly implement Clean Air Act programs in Indian county is discussed
in more detail in the final Federal Operating Permits Program, 64 FR
8247, (February 19, 1999) and in the Tribal Authority Rule.
Many Tribes may have delayed development of air quality regulations
and programs pending promulgation of the Tribal Authority Rule. As
mentioned previously, Tribes may, but are not required to, submit a MSW
landfills plan or negative declaration letter under section 111(d) of
the Act. The EPA is not aware of any Tribes that have developed plans
to implement the MSW emission guidelines or submitted negative
declaration letters.
The impact of this Federal plan on Indian tribes is not expected to
be significant. There are very few existing MSW landfills in Indian
country large enough to require the installation of a collection and
control system. For most existing MSW landfills in Indian country, the
only requirements this Federal plan imposes are to submit an initial
design capacity report and to recalculate the site-specific density and
design capacity annually and to submit an amended design capacity
report in the event that the recalculated design capacity is equal to
or greater than 2.5 million Mg and 2.5 million m\3\.
The Federal plan will apply throughout Indian country except where
a State or Tribal plan has been explicitly approved by EPA to cover an
area of Indian country. The EPA will administer the plan in Indian
country
[[Page 60693]]
without requiring any jurisdictional showing on the part of the Tribe.
To assure there are no gaps in coverage, EPA will treat disputed areas,
i.e., areas for which EPA believes the Indian country status may be in
question, as Indian country. The EPA will continue to implement the
Federal plan in these areas until a Tribal plan covering an area of
Indian country becomes effective, or the area is determined not to be
Indian country and the source is subject to an effective State plan.
This approach is consistent with the final Federal Operating Permits
Program cited above.
The term ``Indian country,'' as used in this MSW landfills Federal
plan, means (a) All land within the limits of any Indian reservation
under the jurisdiction of the United States government, notwithstanding
the issuance of any patent, and including rights-of-way running through
the reservation, (b) All dependent Indian communities within the
borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or without
the limits of a State, and (c) All Indian allotments, the Indian titles
to which have not been extinguished, including rights-of-way running
through the same. This definition is consistent with the final Federal
Operating Permits Program.
G. MSW Landfills Federal Plan and Compliance Schedules
The emission guidelines require the owner or operator of a MSW
landfill to submit a design capacity report within 90 days after the
effective date of the State or Tribal plan (or within 90 days after the
effective date of the promulgated Federal plan). An emission rate
report showing nonmethane organic compounds (NMOC) emissions from the
landfill must also be submitted within the same time period if the
landfill has a design capacity of 2.5 million Mg and 2.5 million
m3 or more. Both of the requirements have been incorporated
in the Federal plan. The emission guidelines and this Federal plan
further require the owner or operator of a MSW landfill with a design
capacity greater than or equal to 2.5 million Mg and 2.5 million m\3\
to submit a collection and control system design plan within 1 year of
first reporting NMOC emissions of 50 Mg per year or more. The
collection and control system must be installed and operating within 30
months of first reporting NMOC emissions of 50 Mg per year or more. The
compliance schedule in this Federal plan also sets the dates for
awarding contracts and beginning construction, however, States, Tribes,
and owners or operators have the option of setting these two dates (see
option 3 below), which are not specifically defined in the emission
guidelines. (See the discussion in section II.E of the proposal
preamble (63 FR 69373).)
As discussed in the proposal preamble, the EPA believes that it
would be inappropriate for the owner or operator of a MSW landfill who
is subject to the requirements of this Federal plan to install a
collection and control system to obtain additional time for achieving
final compliance by virtue of the subsequent approval of a State or
Tribal plan. The EPA did not receive any adverse comments regarding
this interpretation. Therefore, to guard against this occurring, the
EPA has added a sentence to Sec. 62.14356(c)(1) to make it clear that
once the Federal plan becomes effective, any designated facility to
which the Federal plan applies will remain subject to the schedule in
the Federal plan if a subsequently approved State or Tribal plan
contains a less stringent schedule (i.e., a schedule that provides more
time to comply with increments 1, 4 and/or 5 as specified in
Sec. 62.14356(a) than does this Federal plan).
Also discussed in the proposal preamble were three options for
establishing dates for the increments of progress that make up the
compliance schedule. They are: (1) Comply with the generic compliance
schedule in the landfill Federal plan (table 2 of subpart GGG of the
proposed Federal plan and table 3 of subpart GGG of this final Federal
plan), (2) States or Tribes submit compliance schedules to the EPA
before the end of the comment period of the proposed Federal plan, and
(3) Landfill owners or operators or the State or Tribe submit a
compliance schedule for increments 2 and 3 to the EPA at the time the
final control plan is due. The EPA requested and received no comments
on these options. Although the time period for submitting increments of
progress under option 2 has passed, options 1 and 3 will remain
available in this final Federal plan. This will allow for increased
regulatory efficiency and flexibility.
H. MSW Landfills Excluded From Federal Plan Applicability
The MSW landfills Federal plan does not apply to landfills
appropriately covered by an approved and effective State or Tribal plan
or to landfills in a State or portion of Indian country that has
submitted a negative declaration as long as the landfills in fact have
a design capacity less than 2.5 million Mg or 2.5 million m\3\. If a
State or Tribal plan becomes effective before this Federal plan becomes
effective, this Federal plan will not apply to landfills appropriately
covered by that State or Tribal plan. Promulgation of this MSW
landfills Federal plan does not preclude a State or Tribe from
submitting a plan later. If a State or Tribe submits a plan after the
effective date of this Federal plan, EPA will review and approve or
disapprove the plan. Upon the effective date of the State or Tribal
plan, the Federal plan no longer applies. States are, therefore,
encouraged to continue their efforts to develop and submit State plans
to EPA for approval. Similarly, EPA encourages Tribes to develop and
submit Tribal plans.
I. Status of State Plan Submittals
The following States have EPA approved and effective State plans:
Alabama, Allegheny County (Pennsylvania), Colorado, Florida, Georgia,
Illinois, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Missouri,
Montana, Nashville (Tennessee), Nebraska, New Mexico, New York, North
Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, and Wyoming.
The following States have EPA approved State plans that are
approved but not yet effective: Arizona, 2 California,
3 Delaware, 4 Maryland, 5 Nevada,
6 South Carolina, 7 and Tennessee. 8
States that have approved or approved and effective State plans are
listed in table 1 of subpart GGG. (MSW landfills located in those
States would become subject to the Federal plan in the event that the
State plan is subsequently disapproved, in whole or in part.) States
that submitted negative declaration letters are listed in table 2 of
subpart GGG.
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\2\ The Arizona State plan is scheduled to become effective on
November 19, 1999 (64 FR 50768, September 20, 1999).
\3\ The California State plan is scheduled to become effective
on November 22, 1999 (64 FR 51447, September 23, 1999).
\4\ The Delaware State plan is scheduled to become effective on
November 16, 1999 (64 FR 50453, September 17, 1999).
\5\ The Maryland State plan is scheduled to become effective on
November 8, 1999 (64 FR 48714, September 8, 1999).
\6\ The Nevada State plan is scheduled to become effective on
November 19, 1999 (64 FR 50764, September 20, 1999).
\7\ The South Carolina State plan is scheduled to become
effective on October 25, 1999 (64 FR 46148, August 24, 1999).
\8\ The Tennessee State plan is scheduled to become effective on
November 29, 1999 (64 FR 52660, September 30, 1999).
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States without approved plans are making significant progress on
their State plans and EPA expects many State plans to be approved in
the next few
[[Page 60694]]
months. (The EPA is not aware of any Indian tribes that are developing
Tribal plans.) Table 2 of this preamble summarizes the status of States
without approved and effective State plans and those that have
submitted negative declarations as of October 19, 1999. The table is
based on information from EPA Regional Offices (Docket No. A-98-03,
Item No. IV-J-23). Copies of Federal Register notices of approvals and
negative declaration letters are located in Docket No. A-98-03.
Table 2.--Status of States Without an Approved State Plan a
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State
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I. Negative declaration submitted to EPA and no State plan is expected.
(See discussion in section I.C of this preamble.)
Region I
New Hampshire
Rhode Island
Vermont
Region III
District of Columbia
Philadelphia, PA
II. State plan submitted and is being reviewed by EPA. The promulgated
Federal plan will cover existing MSW landfills in these States until the
State plan is approved and becomes effective.
Region III
Pennsylvania
West Virginia
Region IV
Knox County, Tennessee
North Carolina
III. State plan or negative declaration not submitted. The existing MSW
landfills in these States will be subject to the promulgated Federal
plan unless a State plan applicable to existing landfills is approved by
EPA and becomes effective.
Region I
Connecticut
Maine
Massachusetts
Region II
New Jersey
Puerto Rico
Virgin Islands
Region III
Virginia
Region IV
Chattanooga, Tennessee
Mississippi
Region V
Indiana
Michigan
Wisconsin
Region VI
Albuquerque, New Mexico
Arkansas
Region IX
American Samoa
Clark County, Nevada
Guam
Hawaii
Northern Mariana Islands
Region X
Alaska
Idaho
Washington
------------------------------------------------------------------------
a Current as of October 19, 1999. See Docket No. A-98-03; Item No. IV-J-
23.
To assist in identifying which MSW landfills are and are not
covered by the Federal plan, table 1 of subpart GGG lists States and
Indian tribes that have approved and effective plans as of October 19,
1999 that cover MSW landfills in the State or Indian country. MSW
landfills not appropriately covered by an effective plan are covered by
the Federal plan. For example, if a landfill is located in a State that
is listed in table 1 of subpart GGG and the State plan does not apply
to the landfill, then the landfill is subject to the Federal plan. As
stated above, EPA expects additional State plans to become effective
prior to the effective date of this Federal plan. The EPA will
periodically amend table 1 of subpart GGG to identify States with
approved and effective State plans. These amendments will be published
in the Federal Register and codified in the CFR. The inclusion or the
failure to include a State in table 1 of subpart GGG is not controlling
in determining whether a MSW landfill is subject to the MSW landfill
Federal plan. Any MSW landfill not covered by an approved and currently
effective State or Tribal plan, or any MSW landfill with a design
capacity equal to or greater than 2.5 million Mg and 2.5 million
m3 located in a State that submitted a negative declaration,
is subject to the MSW landfill Federal plan.
The EPA will keep an up-to-date list of State plan submittals and
approvals on the EPA TTN Web at http://www.epa.gov/ttn/oarpg and http:/
/www.epa.gov/ttn/uatw/landfill/landflpg.html. The list will help
landfill owners or operators determine whether their landfill is
affected by a State or Tribal plan or the Federal plan.
J. Regional Office Contacts
For information regarding the implementation of the MSW landfills
Federal plan, contact the appropriate EPA Regional Office as shown in
table 3.
Table 3.--EPA Regional Contacts for Municipal Solid Waste Landfills
------------------------------------------------------------------------
Regional contact Phone No. Fax No.
------------------------------------------------------------------------
Region I (CT, MA, ME, NH, RI, VT)
------------------------------------------------------------------------
Jeanne Cosgrove, U.S. EPA/CAQ, (617) 918-1669 (617) 918-1505
John F. Kennedy Federal Bldg.,
Boston, MA 02203-0001............
------------------------------------------------------------------------
Region II (NJ, NY, PR, VI)
------------------------------------------------------------------------
Craig Flamm, U.S. EPA/25th Floor, (212) 637-4021 (212) 637-3901
290 Broadway, New York, NY 10007-
1866.............................
------------------------------------------------------------------------
Region III (DC, DE, MD, PA, VA, WV)
------------------------------------------------------------------------
James B. Topsale, U.S. EPA/Region (215) 814-2190 (215) 814-2114
3, 1650 Arch Street,
Philadelphia, PA 19103-2029......
------------------------------------------------------------------------
Region IV (AL, FL, GA, KY, MS, NC, SC, TN)
------------------------------------------------------------------------
Scott Davis, U.S. EPA/APTMD, 61 (404) 562-9127 (404) 562-9095
Forsyth Street, SW, Atlanta, GA
30303............................
------------------------------------------------------------------------
Region V (IL, IN, MI, MN, OH, WI)
------------------------------------------------------------------------
Charles Hatten, U.S. EPA, 77 W. (312) 886-6031 (312) 886-0617
Jackson Blvd., Chicago, IL 60604.
------------------------------------------------------------------------
[[Page 60695]]
Region VI (AR, LA, NM, OK, TX)
------------------------------------------------------------------------
Mick Cote, U.S. EPA, 1445 Ross (214) 665-7219 (214) 665-7263
Ave., Suite 1200, Dallas, TX
75202-2733.......................
------------------------------------------------------------------------
Region VII (IA, KS, MO, NE)
------------------------------------------------------------------------
Ward Burns, U.S. EPA/RME, 726 (913) 551-7960 (913) 551-7065
Minnesota Ave./ARTDAPCO, Kansas
City, KS 66101-2728..............
------------------------------------------------------------------------
Region VIII (CO, MT, ND, SD, UT, WY)
------------------------------------------------------------------------
Martin Hestmark, U.S. EPA/8ENF-T, (303) 312-6776 (303) 312-6409
999 18th Street, Suite 500,
Denver, CO 80202-2466............
------------------------------------------------------------------------
Region IX (AS, AZ, CA, GU, HI, NMI, NV)
------------------------------------------------------------------------
Patricia Bowlin, U.S. EPA/RM HAW/ (415) 744-1188 (415) 744-1076
17211, 75 Hawthorne Street/AIR-4,
San Francisco, CA 94105..........
Region X (AK, ID, OR, WA)
------------------------------------------------------------------------
Catherine Woo, U.S. EPA, 1200 (206) 553-1814 (206) 553-0404
Sixth Ave., Seattle, WA 98101....
------------------------------------------------------------------------
II. Required Elements of This Municipal Solid Waste Landfills
Federal Plan
Section 111(d) of the Act, 42 U.S.C. 7411(d), requires States to
develop and implement State plans for MSW landfills that implement and
enforce the published emission guidelines. Subparts B and Cc of 40 CFR
part 60 require States to submit State plans that include specified
elements. Because the Federal plan is being adopted for areas where
State plans are not yet in effect, the Federal plan includes the same
essential elements as required for State plans: (1) Identification of
legal authority and mechanisms for implementation, (2) Inventory of
affected facilities, (3) Emissions inventory, (4) Emission limits, (5)
Compliance schedules, (6) A process for EPA or State review of design
plans for site-specific gas collection and control systems, (7)
Testing, monitoring, reporting and recordkeeping requirements, (8)
Public hearing requirements, and (9) Progress reporting requirements.
Each State plan element was discussed in detail as it relates to the
MSW landfills Federal plan in the preamble to the proposed rule (63 FR
69370-69375). Table 4 identifies each element and indicates where it is
located or codified.
Table 4.--Required Elements and Location
------------------------------------------------------------------------
Required element of the landfills
federal plan Where located or codified
------------------------------------------------------------------------
1. Identification of legal authority Section 111(d)(2) of the Act
and mechanisms for implementation. and Sections II.A and III.A of
the proposal preamble (63 FR
69370).
2. Inventory of affected facilities.... Docket No. A-98-03, Item No. IV-
B-3.
3. Emission inventory.................. Docket No. A-98-03, Item No. IV-
B-3.
4. Emission limits..................... 40 CFR 62.14353.
5. Compliance schedules................ 40 CFR 62.14356.
6. Process for review of site-specific Section II.F of the proposal
gas collection and control system preamble (63 FR 69375).
design plans.
7. Testing, monitoring, reporting and 40 CFR 62.14354 and 62.14355.
recordkeeping requirements.
8. Public hearing requirements......... Section II.I of the proposal
preamble (63 FR 69375).
9. Progress reports.................... Section II.H of proposal
preamble (63 FR 69375).
------------------------------------------------------------------------
III. Summary of Comments and Changes Since Proposal
In this section of the preamble, the EPA presents a brief summary
of its responses to the public comments it received on the MSW
landfills Federal plan. The full comment summaries and responses are
documented in the promulgation background information document (EPA-
456/R-99-001, Docket No. A-98-03, item III-B-1). The document addresses
additional comments that are not summarized in this preamble.
The EPA requested comments on the proposed options for establishing
the incremental compliance dates. The EPA received no comments on the
proposed options for establishing the incremental compliance dates, nor
did it receive site-specific compliance schedules to be included in the
final rule. The EPA did receive comments on its approval of State
plans, design capacity estimates and reports, the inventory,
calculating the emissions rate for control applicability, the final
control plan, and delegation. The EPA also received one comment on the
Information Collection Request. That comment is discussed in section
VII.B of this preamble.
A. State Plan Interim Approval
Commenters suggested that EPA issue a final rulemaking to provide
interim approval of State plans that have been submitted to EPA but
have not yet been approved or disapproved. These commenters suggested
that if EPA approved State plans on an interim basis, the landfill
owner or operator would be subject to only the State regulations
without duplication of Federal requirements. One commenter suggested
that EPA should defer to the provisions of State plans that have been
submitted in order to avoid the costs and other burdens of duplicate or
inconsistent regulation during the review period.
The EPA will not approve State plans on an interim basis for two
reasons: (1) There is no legal basis for interim approval and (2)
Overlapping
[[Page 60696]]
requirements are not likely. The EPA only has the authority to approve
or disapprove a State plan, or any portion thereof, based on whether it
is consistent with 40 CFR part 60, subparts B and Cc. While section 502
of the Act and 40 CFR 70.4(d) specifically authorize interim approval
for title V permit programs, neither subpart B nor section 111(d) of
the Act authorizes EPA to grant similar interim approval of State or
Tribal plans. The EPA will continue to accept and review State plans
according to the criteria for State plans that are described in
``Municipal Solid Waste Landfill, Volume 2: Summary of the Requirements
for Section 111(d) State Plans for Implementing the Municipal Solid
Waste Emission Guidelines'' (guidance document).
In addition, the EPA does not expect landfill owners or operators
to be subject to duplicate or inconsistent regulation. The EPA expects
that State plans that were submitted by December 1998 (when the Federal
plan was proposed) will be approved or disapproved before the landfills
Federal plan becomes effective. Once the State plan is approved and
becomes effective, the owner or operator of a landfill covered by the
State plan will not be subject to the Federal plan. If, as expected,
State plans become effective prior to promulgation of the Federal plan,
landfill owners or operators of landfills covered in those State plans
will have to comply only with the State plans and will not be subject
to two different time lines or other inconsistent requirements.
B. Design Capacity Estimates and Reports
One commenter contended that it is a meaningless task for towns
(the owners or operators of the landfills) to create design capacity
reports based on uncertain data and where the landfills are no longer
operating. According to the commenter, many of the small towns in the
State do not know and cannot determine the design capacity of their
landfills. The height and density, which would be used to calculate the
design capacity, are not available. The commenter further stated that
there is no way to recreate the history needed to get the height or
density. Many of the State's landfills have been closed and have no
additional capacity for future waste disposal. The commenter also
stated that most of the landfills in the State are much smaller than
the design capacity cutoff.
The emission guidelines require owners and operators subject to the
Federal plan to submit design capacity reports regardless of the size
of the landfill. The Federal plan must be as stringent as the emission
guidelines, therefore, the requirement to submit a design capacity
report remains in the final Federal plan. The purpose of the design
capacity report is to help determine which landfills may be subject to
the requirement to install a collection and control system. Closed
landfills that accepted waste since 1987 are included because landfills
continue to emit nonmethane organic compounds (NMOC) years after they
have closed and they are subject to the emission guidelines that are
implemented by the Federal plan.
If data are not available on waste acceptance rates, then owners
and operators should estimate their landfill's design capacity based on
the best information available. For example, if owners or operators
know the acreage of their landfills (the commenter provided the acreage
for 396 landfills in the State), they could estimate the depth of waste
based on available information, and document their assumption on depth.
Then they could calculate the approximate volumetric design capacity of
the landfill and submit the report. If capacity is clearly below 2.5
million cubic meters (or 2.5 million megagrams) no further action is
required.
C. Inventory of Landfills
One commenter stated that one purpose of the Federal plan appears
to be to create a database of MSW landfills in order to estimate
emissions. The commenter stated that the vast majority of small, closed
landfills will never be able to be assessed due to lack of information.
Two commenters provided information on landfills in their States. The
information was submitted in response to EPA's request for supplemental
information on the landfills inventory that EPA prepared as part of the
Federal plan (Docket no. A-98-03, Item no. II-B-2). The EPA appreciates
the commenters' information on landfills. The information provided by
the commenters is a useful supplement to EPA's inventory and will help
in determining which landfills may be affected by the landfills Federal
plan.
The EPA revised the Federal plan inventory since proposal to remove
States that it no longer expects to be covered by the landfills Federal
plan. The updated inventory can be found in Docket No. A-98-03, Item
No. IV-B-3.
The EPA will continue to require States that develop State plans to
submit an inventory of existing landfills that accepted waste after
November 8, 1987, consistent with 40 CFR 60.25. The purpose of the
inventory is to provide a record to the public of existing MSW
landfills in a State or Indian country. The EPA is encouraging States
to continue work on State plans, including inventories. Where inventory
data is lacking, States should use whatever information is available to
develop a reasonable estimate of emissions.
D. Calculating Emissions Rate For Control Applicability
One commenter recommended that the landfills Federal plan defer to
alternative emission estimation methods, particularly State-approved
methods. This would ensure that consistent and accurate emissions
estimates are used in determining actions under the emission guidelines
and new source performance standards (40 CFR part 60, subparts Cc and
WWW) and related State programs, such as Title V permitting and New
Source Review. The commenter stated that facilities should be allowed
to employ the most accurate emissions estimates. The commenter also
expressed concern that EPA may rely on default estimates based on AP-42
estimation methodology while States are using more recent and
sophisticated emission methods that are proving more accurate.
The emission guidelines do not allow the use of AP-42 emission
factors to determine whether a landfill must install controls; they
require the MSW landfill owner or operator to use the tiered
calculation procedure described in 40 CFR 60.754 of subpart WWW to
determine the eventual need for controls. The Federal plan implements
the emission guidelines and must, therefore, require the use of the
same procedure. (The appropriate time to comment on the procedure was
during the public comment periods for these regulations.) The procedure
involves the calculation of the NMOC emission rate from a landfill. If
the emission rate equals or exceeds a specified threshold (50 Mg NMOC/
yr), the landfill owner or operator must install a gas collection and
control system.
The first tier of the tiered calculation procedure is purposefully
conservative to ensure that landfill emissions are controlled. Tiers 2
and 3 allow site-specific measurements to determine emissions more
accurately. However, if the landfill owner or operator wants to use an
alternative more accurate method, they can seek approval from the
Administrator. Section 60.754(b)(3) of subpart WWW (which is cross-
referenced to Sec. 62.14354 of subpart GGG) allows landfill owners or
operators to use another method to determine landfill gas flow rate and
[[Page 60697]]
NMOC concentration if the method has been approved by the
Administrator. The landfill owner or operator can use the approved
alternative methods to provide a better estimate of emissions for a
particular landfill.
To ensure national consistency, the Administrator is retaining the
authority to approve alternative methods to determine site-specific
NMOC concentrations and methane generation rate constants and is not
transferring this authority to the State or Tribe upon delegation of
authority to implement and enforce the Federal plan. The EPA will
review and consider any applications for site-specific methods that it
receives.
To estimate emissions for State inventories and related State
programs such as Title V permitting and New Source Review, a State may
use its own procedures. Tier 1 default values are not recommended for
inventories because they tend to overestimate emissions from many
landfills. As mentioned previously, the default values are purposefully
conservative because they serve as an indicator of the need to install
a collection and control system. The Federal plan, the emission
guidelines, and the guidance document recommend using AP-42 unless
site-specific information is available or can be developed. AP-42 has
values that are more typical than Tier 1 defaults, for permitting and
inventories. Other procedures approved by the State may also be used
for permitting and inventory purposes.
E. Final Control Plan
One commenter suggested that the final control plan (design plan)
should be consistent with the new source performance standards. The
commenter noted that the last sentence of the definition of final
control plan in Sec. 62.14351 of subpart GGG could be deleted without
consequence. That sentence reads: ``The final control plan also must
include the same information that will be used to solicit bids to
install the collection and control system.'' The commenter believes the
requirement is more stringent than the new source performance
standards' requirement and that bid information in the design plan
would not be practical for sites that will install collection and
control systems in multiple phases. The commenter contended that the
purpose of the design plan is to demonstrate that the landfill gas
collection system planned for the facility will meet the control
requirements of the regulations, not as a tool for bidding purposes.
The EPA agrees that it is appropriate to delete the last sentence
from the proposed definition of final control plan. This change makes
the definition consistent with the emission guidelines and the guidance
document. However, other requirements for submitting the final control
plan remain the same. The owner or operator must submit the final
control plan within 1 year after the NMOC emission rate first equals or
exceeds 50 megagrams per year.
F. Increments of Progress
One commenter stated that the proposed Federal plan increments of
progress are more stringent than the emission guidelines for existing
landfills and the new source performance standards for new landfills.
The commenter contended that the proposed Federal plan would impose a
more burdensome regulatory requirement on existing landfills above and
beyond that which is included in the emission guidelines. The commenter
recommended eliminating the increments of progress and in their place
requiring owners or operators to comply with the recordkeeping and
reporting provisions of the new source performance standards. The
commenter stated that existing landfills should be given the same
flexibility for achieving compliance with Federal plan emission
guidelines as are new landfills under the new source performance
standards.
The requirements for existing landfills under the emission
guidelines and the Federal plan are essentially the same as the
requirements for new landfills under the new source performance
standards. For existing MSW landfills, five increments of progress are
required by 40 CFR part 60, subpart B. These five increments of
progress are:
(1) Submit final control plan;
(2) Award contracts;
(3) Begin construction;
(4) Complete construction, and
(5) Reach final compliance.
Increments 1, 4, and 5 are also required by the emission guidelines
for existing landfills. For new MSW landfills, three increments of
progress are required by the new source performance standards. These
three increments of progress are:
Submit final control plan (collection and control system
design plan),
Complete construction (install collection and control
system; and
Reach final compliance.
Subpart B does not apply to new landfills, thus, the increments to
award contracts and begin construction are not required for new
landfills.9 Although these two increments of progress do
apply to existing landfills, there is flexibility in the dates for
meeting them. Unlike the compliance time periods for increments 1, 4,
and 5, which are specified in the emission guidelines, no time periods
are specified for increments 2 and 3 in either subpart B or the
emission guidelines. Thus, the Federal plan allows the State, local or
Tribal authority, or the landfill owner or operator, to request
different time periods for these increments versus the generic time
periods specified in the Federal plan.
---------------------------------------------------------------------------
\9\ While subpart B does not apply to new MSW landfills, the
general provisions (40 CFR 60.7) do and they require that owners or
operators of affected facilities (which include new MSW landfills)
provide notification to EPA of certain actions they plan to take or
have taken. One of these actions is when they begin construction.
This notification requirement for new MSW landfills is not altered
by EPA's promulgation of the MSW landfills Federal plan.
---------------------------------------------------------------------------
G. Delegation
One commenter from a State environmental protection agency
recommended that States should not be the enforcement agent under the
Federal plan. The commenter noted that it did not want to take
delegation of the Federal plan, especially if it requires collection of
design capacity reports from hundreds of rural towns with small, closed
landfills.
Although a State is not obligated to take delegation of the Federal
plan, the EPA believes that the State, Tribal, and local agencies are
in the best position to design, adopt, and implement the control
programs needed to meet the requirements of the MSW landfills Federal
plan in their jurisdictions. This is consistent with Congress'
overarching intent that the primary responsibility for air pollution
control rests with State and local agencies. See 63 FR 69375, December
16, 1998 and the Act section 101(a)(3).
The EPA continues to strongly encourage States, Tribes, and local
agencies to submit approvable State plans. For States that are unable
to submit plans, the EPA strongly encourages them to request delegation
of the Federal plan, if feasible.
IV. Implementation of Federal Plan and Delegation
The EPA designed the landfills Federal plan to facilitate the
transfer of authority from EPA to States, Tribes, and local agencies.
The EPA believes that it is advantageous and the best use of resources
for State, local, or Tribal agencies to undertake roles in implementing
this Federal plan. Such roles could include development of a process
for reviewing collection and
[[Page 60698]]
control system design plans, administrating reporting and recordkeeping
requirements, and conducting source inspections.
A. Background of Authority
The EPA is required to adopt emission guidelines that are
applicable to existing MSW landfills under section 111(d) of the Act.
The emission guidelines are not enforceable, however, until EPA
approves a State or Tribal plan or adopts a Federal plan. In cases
where a State or Tribe does not have an EPA approved plan, the EPA must
adopt a Federal plan for MSW landfills in the State or in Indian
country as an interim measure to implement the emission guidelines
until the State or Tribal plan is approved. A few States may not submit
a State plan and EPA is not aware of any Tribes that are developing
Tribal plans.
Congress has determined that the primary responsibility for air
pollution control rests with State and local agencies. See the Act
101(a)(3). Consistent with that overall determination, Congress
established section 111 of the Act with the intent that the States and
local agencies take the primary responsibility for ensuring that the
emission limitations and other requirements in the emission guidelines
are achieved. Congress explicitly required that EPA establish
procedures under section 111(d) that are similar to those under section
110 for State Implementation Plans. The section 110 procedures are
based on States having the primary responsibility. Congress has shown a
consistent intent for the States and local agencies to have the primary
responsibility, but also included the requirement for EPA to promulgate
a Federal plan for States that fail to submit approvable State plans.
Accordingly, EPA has strongly encouraged the States to submit
approvable State plans, and for those States that are unable to submit
approvable State plans, EPA is strongly encouraging them to request
delegation of the Federal plan so that they can have the primary
responsibility in their State, consistent with Congress' overarching
intent.
The EPA also believes that Indian tribes are the primary parties
responsible for regulating air quality within Indian country. See EPA's
Indian Policy (``Policy for Administration of Environmental Programs on
Indian Reservations,'' signed by William D. Ruckelshaus, Administrator
of EPA dated November 4, 1984), which was reaffirmed by EPA
Administrator Browner in 1994 (memorandum entitled, ``EPA Indian
Policy'' signed by Carol M. Browner, Administrator of EPA on March 14,
1994).
The EPA believes, more specifically, that the State, Tribal and
local agencies have the responsibility to design, adopt, and implement
the control programs needed to meet the requirements of the MSW
landfills Federal plan. The EPA also believes that if these agencies
have appropriate enforcement resources, they can achieve the highest
rates of actual compliance in the field. For these reasons, EPA seeks
to employ all available mechanisms to expedite program transfer to
State, Tribal and local agencies, where requests for delegations can be
granted. For example, EPA encouraged States to help determine
compliance schedules for this MSW landfills Federal plan.
B. Delegation of the Federal Plan and Retained Authorities
If a State or Indian tribe intends to take delegation of the
Federal plan, the State or Indian tribe must submit a letter to EPA
stating their intent on behalf of the State or Tribe. In order to
obtain delegation, an Indian tribe must also establish its eligibility
to be treated in the same manner as a State (see section I.F of the
preamble). The letter requesting delegation of authority to implement
the Federal plan must, at a minimum, demonstrate that the State or
Tribe has adequate resources and the legal and enforcement authority to
administer and enforce the program. If the State or Tribe makes such a
demonstration, EPA will approve the delegation of the Federal plan. A
memorandum of agreement between the State or Tribe and the EPA setting
forth the terms and conditions of the delegation, including the
effective date of the agreement, would be used to transfer authority.
The EPA will publish an approval notice in the Federal Register and
incorporate it into 40 CFR part 62. The EPA will, in conjunction with
the State or Tribe, make additional efforts to ensure that affected
sources are aware that the State or Tribe has assumed responsibility
for implementation.
The EPA will keep an up-to-date list of State and Tribal plan
submittals on the EPA TTN Web (http://www.epa.gov/ttn/oarpg). The list
will also show whether the State or Tribe has taken delegation of the
Federal plan. It is important to note, however, that while the EPA will
endeavor to keep the listing updated, the list is not controlling
regarding whether a State or Tribal plan has been approved or whether
authority to implement and enforce the MSW landfills Federal plan has
been delegated.
The EPA will implement the Federal plan unless authority to
implement the Federal plan is delegated to a State or Indian tribe. If
a State or Tribe fails to implement the delegated portion of the
Federal plan, EPA will assume direct implementation.
In delegating implementation and enforcement authority to a State
or Tribe under sections 101(a)(3) and 111 of the Act, the EPA
Administrator will retain the authority to approve the following items
and not transfer them to a State or Tribe:
Alternative site-specific NMOC concentration (NMOC) or
site-specific methane generation rate constant (k) used in calculating
the annual NMOC emission rate,
Alternative emission standard,
Major alternatives 1 to test methods,
---------------------------------------------------------------------------
\1\ Major changes to test methods or to monitoring are
modifications made to a federally enforceable test method or to a
federal monitoring requirement. These changes would involve the use
of unproven technology or procedures or an entirely new method
(which is sometimes necessary when the required test method or
monitoring requirement is unsuitable).
---------------------------------------------------------------------------
Major alternatives \1\ to monitoring, or
Waivers of recordkeeping.
If landfill owners or operators would like to avail themselves of the
items listed above and specified in this Federal plan, they should
submit a request to the Regional Office Administrator with a copy to
the State. It should be noted that the EPA does not relinquish
enforcement authority even when a State or Tribe has received
delegation.
C. Mechanisms for Transferring Authority
There are two mechanisms for transferring implementation
responsibility to States, Tribes, and local agencies: (1) If EPA
approves a State or Tribal plan submitted to EPA after the Federal plan
is promulgated, the State or Tribe would have authority to enforce and
implement the State or Tribal plan upon the effective date of EPA's
approval; and (2) if a State or Tribe does not submit or obtain
approval of a State or Tribal plan, EPA can delegate the authority to
the State, Tribe, or local agencies to perform certain implementation
responsibilities for this Federal plan to the extent appropriate and
allowed by State or Tribal law.
1. A State or Tribal Plan Is Submitted After Landfills Are Subject to
the Federal Plan
After a landfill in a State or in a portion of Indian country
becomes
[[Page 60699]]
subject to the Federal plan, the State, Tribe or local agency may still
adopt and submit to EPA for approval a plan (i.e., a plan containing a
State or Tribal rule or other enforceable mechanism, inventories,
records of public hearings, and all other required elements of a State
plan). The EPA will determine if the State or Tribal plan is as
stringent as the emission guidelines. If EPA determines that the State
or Tribal plan is as stringent as the emission guidelines, EPA will
approve the State or Tribal plan. If, however, EPA determines that the
State or Tribal plan is not as stringent as the guidelines, EPA will
disapprove the plan. MSW landfills covered by State or Tribal plans
that become effective after the Federal plan is in place are subject to
the compliance schedule of the Federal plan if the compliance schedule
of the State or Tribal plan is less stringent.
Note that 40 CFR 60.24(f) allows some flexibility on a case-by-case
basis for a less stringent rule or compliance schedule if specific
criteria are met, sufficient justification is provided by the State or
Tribe, and EPA approves the plan. States and Tribes may make their
plans more stringent than the emission guidelines.
Landfills covered in the State or Tribal plan are subject to the
Federal plan until the State or Tribal plan is approved and becomes
effective. Upon the effective date of the State or Tribal plan, the
Federal plan no longer applies to landfills covered by the State or
Tribal plan and the State, Tribe or local agency will implement and
enforce the State or Tribal plan in lieu of the Federal plan. (The EPA
will periodically amend the Federal plan to identify States or Tribes
that have State or Tribal plans covering landfills in their
jurisdiction. Such landfills are not subject to the Federal plan.)
Making the State or Tribal plan effective in this manner expedites a
State's or Tribe's responsibility for implementing the emission
guidelines as intended by Congress.
2. State Takes Delegation of the Federal Plan
The State, Tribal or local agency may request Federal
implementation responsibilities even if there is no State or Tribal
plan in effect. The EPA believes that it is advantageous and the best
use of resources for State, Tribal or local agencies to agree to
undertake, on the EPA's behalf, administrative and substantive roles in
implementing the Federal plan, to the extent appropriate and where
authorized by State or Tribal law. These roles could include as a
minimum: development of a process for review of site-specific gas
collection and control system design plans, administration and
oversight of compliance reporting and recordkeeping requirements,
conduct of source inspections, and preparation of draft notices of
violation. As stated previously, the EPA does not relinquish the
authority to bring enforcement actions against sources violating
Federal plan provisions.
V. Title V Operating Permits
Title V of the Clean Air Act and EPA's implementing regulations set
minimum standards for State and local air pollution control agencies to
adopt and submit for EPA approval a regulatory program for issuing
operating permits to specific sources. These sources include, but are
not limited to the following: major sources under title I or section
112 of the Act; affected sources under title IV of the Act (acid rain
sources); solid waste incineration units required to obtain a permit
under section 129 of the Act; and sources subject to standards under
section 111 or 112 of the Act that are not area sources exempted or
deferred from permitting requirements under title V.
As clarified in the landfill amendments (63 FR 32743), all existing
MSW landfills with design capacities equal to or greater than 2.5
million Mg and 2.5 million m\3\ must have a title V operating permit.
Existing landfills with design capacities less than 2.5 million
megagrams or 2.5 million m\3\ are not required to have a title V
operating permit, unless they are a major source or are subject to
title V for some other reason (e.g., subject to a section 112 National
Emission Standard for Hazardous Air Pollutants (NESHAP) or to another
section 111 NSPS).
The owner or operator of an existing MSW landfill with a design
capacity equal to or greater than 2.5 million Mg and 2.5 million m\3\
is subject to this MSW landfills Federal plan, and as a result, must
obtain a title V operating permit (40 CFR part 70 or part 71). Such
sources, if not already subject to title V permitting for another
reason or reasons (see sections 70.3 and 71.3), become subject to the
requirement to obtain an operating permit ninety days after the
effective date of this Federal plan, even if the design capacity report
is submitted prior to that date. The requirement to apply for a title V
permit is triggered ninety days after the effective date of the MSW
landfills Federal plan as this is the date that MSW landfills are
required to submit design capacity reports (if they have not already
been submitted). For more information on title V permitting
requirements, please see the preamble discussion entitled
``Clarification of Title V Permitting Requirements'' in the June 16,
1998 direct final rule (63 FR 32743, 32746) for NSPS and emission
guidelines for MSW landfills.
Sources subject to the title V permitting program under part 70 or
71 are required to file title V applications within 12 months after
becoming subject to the program. To be timely, the owner or operator of
a MSW landfill, which is subject to title V as a result of this
landfills Federal plan, must submit an application for an operating
permit not later than one year and ninety days after the effective date
of the MSW landfills Federal plan. If a source submits a timely and
complete application within this time frame, the permitting authority
may grant the source a permit application shield which, if maintained
by the source, would allow the source to operate without a permit until
its final title V permit is issued.
Existing MSW landfills that are not currently subject to title V
because their design capacity is less than 2.5 million Mg or 2.5
million m\3\ may trigger the requirement to apply for a title V permit
in the future if the design capacity subsequently increases to equal or
exceed 2.5 million Mg and 2.5 million m\3\. The only circumstance under
which this could occur is if the increase in design capacity is a
change that is not a modification, i.e., it is not based on an increase
in permitted design capacity by either vertical or horizontal
expansion. For example, an increase in the compaction of waste where
the rate of compaction can be increased without a modification to the
permit issued by the State, local or Tribal agency that is responsible
for regulating the landfill. An amended design capacity report must be
submitted within 90 days of the design capacity increase. (See 40 CFR
60.35c which incorporates the requirement in 40 CFR 60.757(a)(3).) Such
sources would be required to file title V applications (if the sources
are not already subject to title V) within 12 months of the date that
the amended design capacity reports are required to be submitted. The
proposal preamble accurately reflected this fact. Unfortunately,
Sec. 62.14352(d) of the proposed regulatory text incorrectly indicated
that the 12-month period for submitting a title V application commenced
90 days after the amended design capacity report is due. This would be
contrary to title V of the Act and the requirements of 40 CFR
70.5(a)(1)(i) and 71.5(a)(1)(i). The EPA is correcting this error in
promulgating the Federal plan. Section 62.14352(e)
[[Page 60700]]
(section number revised in final Federal plan) now correctly indicates
that a MSW landfill becomes subject to the requirement of section
70.5(a)(1)(i) or section 71.5(a)(1)(i) on the date the amended design
capacity report is due.
Existing MSW landfills that increase the permitted design capacity
(via modification of the permit issued by the State, local or Tribal
agency that regulates the landfill) to 2.5 million Mg and 2.5 million
m3 or more will, upon commencing construction on the
vertical or horizontal expansion, have undergone either a modification
or reconstruction and will, therefore, not be subject to the landfills
Federal plan, but rather will be subject to the NSPS.
As noted above, a landfill could be subject to title V for another
reason or reasons. MSW landfills, for example, may be subject to title
V permitting as a result of being a major source under one or more of
three major source definitions in title V: (1) section 112, (2) section
302, or (3) part D of title I of the Act. If a landfill is subject to
title V for more than one reason, then the 12 month time frame for
filing a title V application will be triggered by the criterion in
section 70.3 or 71.3 which first caused the landfill to be subject to
title V. As provided in section 503(c) of the Act, permitting
authorities may establish earlier deadlines (earlier than the 12 months
allowed) for submitting title V applications.
A MSW landfill that is closed and is no longer subject to title V
as a result of this landfills Federal plan (see 40 CFR 62.14352(e)) may
remain subject to title V permitting requirements for another reason or
reasons as discussed above. In such circumstances, the landfill would
be required to continue operating in compliance with a title V permit.
Title V operating permits issued to MSW landfills subject to this
Federal plan must include all applicable requirements of this Federal
plan (see 40 CFR 70.2 and 71.2). These permits must also contain all
necessary terms and conditions to assure compliance with these
applicable requirements. If a source is subject to both State and
Federal plan requirements due to a State taking delegation of part of
the Federal plan, then the landfill's permit must contain the
applicable provisions from each plan. Given that a title V permit for a
MSW landfill may contain both State and Federal provisions, it is
especially important that each title V permit issued to a MSW landfill
clearly state the basis for each requirement consistent with 40 CFR
70.6(a)(1)(i) and 71.6(a)(1)(i).
VI. Summary of Federal Plan
The MSW landfills Federal rule (40 CFR part 62, subpart GGG)
includes applicability criteria, emission standards, design criteria,
monitoring and performance testing requirements, and recordkeeping and
reporting requirements. These emission standards and requirements are
the same as those in the emission guidelines (40 CFR part 60, subpart
Cc), as revised in 1998 and 1999. The requirements are summarized in
section V of the proposal preamble (63 FR 69377). However, the EPA has
determined that the summary in the proposal preamble is deficient in
its discussion of the requirements applicable to MSW landfills with a
capacity of less than 2.5 million Mg or 2.5 million m3. In
addition to the requirement to submit an initial design capacity
report, the owner or operator of such a MSW landfill who converts
design capacity from volume to mass or mass to volume to demonstrate
that the landfill's design capacity is less than 2.5 million Mg or 2.5
million m3, as provided in the definition of ``design
capacity'', has an ongoing obligation to recalculate site-specific
density annually and to keep readily accessible, on-site records of the
annual recalculation of site-specific density, design capacity and the
supporting documentation. The owner or operator of such a MSW landfill
is also required to submit an amended design capacity report within 90
days of the annual recalculation of site-specific density and design
capacity indicating that the landfill now has a design capacity of
equal to or greater than 2.5 million Mg and 2.5 million m3.
The EPA has added language to Sec. 62.14353(a) to make it clearer that
the owner or operator of such a MSW landfill is subject to these
requirements. For purposes of consistency, EPA has added the same
language to Sec. 62.14353(b).
VII. Administrative Requirements
This section addresses the following administrative requirements:
Docket, Paperwork Reduction Act, Executive Order 12866, Executive
Orders on Federalism, Executive Orders 13045 and 13084, Unfunded
Mandates Reform Act, Regulatory Flexibility Act, Submission to Congress
and the General Accounting Office, and National Technology Transfer and
Advancement Act. Since today's adopted rule merely implements the
emission guidelines promulgated on March 12, 1996 (codified at 40 part
60, subpart Cc) as they apply to MSW landfills and does not impose any
new requirements, much of the following discussion of administrative
requirements refers to the discussion of the administrative
requirements contained in the preamble to the 1996 rule (61 FR 65404-
65413, March 12, 1996).
A. Docket
The docket is an organized and complete file of all the information
considered by the EPA in the development of this rule. Material is
added to the docket throughout the rule development process. The
docketing system is intended to allow members of the public to identify
and locate documents so that they can effectively participate in the
rulemaking process. The contents of the docket will serve as the record
in case of judicial review (see 42 U.S.C. 7607(d)(7)(A)) except for
interagency review material. Docket number A-88-09 contains the
technical support for the March 12, 1996 emission guidelines.
Additional technical support specific to this rule is contained in
Docket No. A-98-03.
B. Paperwork Reduction Act
The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No. 1893.01) and a copy may be obtained from Sandy Farmer, OPPE
Regulatory Information Division; U.S. Environmental Protection Agency
(2137); 401 M Street, SW; Washington, DC 20460, by email at
[email protected], or by calling (202) 260-2740. A copy may also be
accessed on the internet at http://www.epa.gov/icr and in Docket No. A-
98-03, Item No. IV-B-4. The information requirements are not effective
until OMB approves them.
The information will be used by the Agency to ensure that the MSW
landfill Federal plan requirements are implemented and are complied
with on a continuous basis. Records and reports are necessary to enable
EPA to identify MSW landfills that may not be in compliance with the
MSW landfill Federal plan requirements. Based on reported information,
EPA will decide which landfills should be inspected and what records or
processes should be inspected. The records that owners and operators of
MSW landfills maintain will indicate to EPA whether personnel are
operating and maintaining control equipment properly.
Based on 1992 and 1996 Office of Solid Waste reports, a national
survey of landfills, and recent information from States, this Federal
plan is projected to
[[Page 60701]]
affect approximately 3,837 MSW landfills in 28 States, 5 territories,
and 1 municipality. The EPA prepared the ICR in June 1999 and based the
calculations on the status of State plans as of May 30, 1999. See Table
2 for the status of State plans as of October 19, 1999. A number of
State plans are expected to be approved within the year following
Federal plan promulgation. When a State plan is approved, the Federal
plan, by its own terms, will no longer apply to MSW landfills covered
in that State plan. Thus, the rule may affect fewer MSW landfills and
States during the second and third years following promulgation, and
the average annual burden may be less than the numbers presented here.
The estimated average annual burden for industry for the first 3
years after the implementation of the Federal plan is 15,110 hours
annually at a cost of $1,509,135 per year to meet the monitoring,
recordkeeping, and reporting requirements. The estimated average annual
burden, over the first 3 years, for the Agency is 7,401 hours at a cost
of $336,341 (including travel expenses) per year.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
One commenter (IV-G-01) stated that 24 hours is not long enough for
EPA to review the site-specific design plan. The commenter contended
that EPA's estimate may be too low for an adequate and comprehensive
review, particularly where alternatives are proposed. The EPA did
further analysis and determined that it would be appropriate to
increase the time allocated for reviewing and approving the design
plan, thus the EPA has increased the estimate to review site-specific
design plans to 30 hours. The EPA based this estimate on a survey of
EPA Regional Offices and several States.
C. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines ``significant regulatory action'' as one that
is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The EPA considered the 1996 guidelines and standards to be
significant and the rules were reviewed by OMB in 1996 (see 61 FR 9913,
March 12, 1996). The Federal plan adopted today will simply implement
the 1996 guidelines and does not result in any additional control
requirements or impose any additional costs above those previously
considered during promulgation of the 1996 guidelines; therefore, this
regulatory action is considered ``not significant'' under Executive
Order 12866.
D. Executive Orders on Federalism
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, 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 an unfunded mandate on State, local or
tribal governments. The Federal plan adopted today does not impose any
additional costs or result in any additional control requirements above
those previously considered during promulgation of the 1996 guidelines.
Accordingly, the requirements of section 1(a) of Executive Order 12875
do not apply to this rule. The EPA nonetheless has involved State and
local governments in the development of this rule. During development
of the MSW landfills Federal plan, EPA worked with the EPA Regional
Offices to identify and address State issues. In addition, EPA
requested compliance schedules from States that want a schedule in the
Federal plan consistent with the State plan until the State plan
becomes effective. No such schedules have been received.
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, [64 FR 43255 (August 10, 1999),]
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612 [52 FR 41685 (October 30, 1987),] on federalism
still applies. This rule will not have a substantial direct effect on
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 12612.
This Federal plan affects owners and operators of existing municipal
solid waste landfills for which a State or Tribal plan is not in
effect. Most of these landfills are owned or operated by private
industry or municipalities, not States. A State or Indian Tribe may
request delegation to implement the Federal plan but is not required to
do so. In addition, the Federal plan adopted today will simply
implement the 1996 guidelines and does not result in any additional
federalism issues above those previously considered during promulgation
of the 1996 guidelines.
E. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under E.O.
[[Page 60702]]
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 affects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it is not
economically significant. Further, 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 MSW landfills
Federal plan is not subject to E.O. 13045 because it merely implements
the previously promulgated emission guidelines and thus does not
involve decisions on environmental health risks or safety risk that may
disproportionately affect children.
F. Executive Order 13084: Consultation With Indian Tribal Governments
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 necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 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 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.''
The MSW landfills Federal plan adopted today does not significantly
or uniquely affect the communities of Indian tribal governments. There
are very few existing landfills in Indian country large enough to
require the installation of a collection and control system. For most
existing landfills in Indian country, the only requirements this
Federal plan imposes are to submit an initial design capacity report of
landfills in Indian country and to recalculate their site-specific
density and design capacity annually and submit an amended design
capacity report in the event that the recalculated design capacity is
equal to or greater than 2.5 million Mg and 2.5 million m 3.
Further, the Federal plan adopted today does not impose any additional
costs or result in any additional control requirements above those
previously considered during promulgation of the 1996 guidelines.
G. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. An unfunded mandate statement was prepared and published
in the March 12, 1996 promulgation notice for the final emission
guidelines and new source performance standards (see 63 FR 9913 through
9918).
The EPA has determined that the adopted MSW landfills Federal plan
does not include any new Federal mandates or additional requirements
above those previously considered during promulgation of the 1996
guidelines. Therefore, the requirements of sections 202 and 205 of the
Unfunded Mandates Act do not apply to this rule.
H. Regulatory Flexibility Act
Section 605 of the Regulatory Flexibility Act (RFA) requires
Federal agencies to give special consideration to the impacts of
regulations on small entities, which are defined as small businesses,
small organizations, and small governments. During the 1996 rulemaking,
EPA estimated that small entities would not be affected by the
promulgated guidelines and standards, and therefore, a regulatory
flexibility analysis was not required (see 61 FR 9918). This adopted
Federal plan does not establish any new requirements; therefore,
pursuant to the provisions of 5 U.S.C. 605 (b), EPA certifies that this
MSW landfills Federal plan will not have a significant impact on a
substantial number of small entities, and thus a regulatory flexibility
analysis is not required.
I. 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
adopting 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 this rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
J. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (the NTTAA), Public Law 104-113, section 12(d) (15 U.S.C.
272 note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary
[[Page 60703]]
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices,
etc.) that are developed or adopted by voluntary consensus standard
bodies. The purpose of the NTTAA is to reduce the costs to the private
and public sectors by requiring federal agencies to use existing
technical standards used in commerce or industry. The NTTAA requires
the EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
The NTTAA does not apply because the Federal plan implements an
existing rule to which NTTAA did not apply. In addition, the emission
guidelines, which the Federal plan is based on, do not impose technical
standards.
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: October 28, 1999.
Carol M. Browner,
Administrator.
For reasons set out in the preamble, title 40, chapter I 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.
2. Amend part 62 by adding subpart GGG consisting of Secs. 62.14350
through 62.14356 as follows:
Subpart GGG--Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction Prior to May 30, 1991 and Have
Not Been Modified or Reconstructed Since May 30, 1991
Sec.
62.14350 Scope and delegation of authority.
62.14351 Definitions.
62.14352 Designated facilities.
62.14353 Standards for municipal solid waste landfill emissions.
62.14354 Procedures, test methods, and monitoring.
62.14355 Reporting and recordkeeping requirements.
62.14356 Compliance schedules and increments of progress.
Table 1 of Subpart GGG--States That Have an Approved and
Effective State Plan
Table 2 of Subpart GGG--States that Submitted a Negative
Declaration Letter
Table 3 of Subpart GGG--Generic Compliance Schedule and
Increments of Progress
Table 4 of Subpart GGG--Site-Specific Compliance Schedules and
Increments of Progress [Reserved]
Subpart GGG--Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction Prior to May 30, 1991 and
Have Not Been Modified or Reconstructed Since May 30, 1991
Sec. 62.14350 Scope and delegation of authority.
(a) This subpart contains emission requirements and compliance
schedules for the control of designated pollutants from certain
municipal solid waste landfills in accordance with section 111(d) of
the Clean Air Act and 40 CFR part 60, subpart B. This municipal solid
waste landfills Federal plan applies to each designated facility as
defined in Sec. 62.14352 of this subpart that is not covered by an EPA
approved and currently effective State or Tribal plan.
(b) The following authorities shall be retained by the
Administrator and not transferred to the State or Tribe upon delegation
of authority to the State or Tribe to implement and enforce the Federal
plan pursuant to sections 101(a)(3) and 111 of the Clean Air Act:
(1) Approval of alternative methods to determine site-specific NMOC
concentration (C NMOC) or site-specific methane generation
rate constant (k) used in calculating the annual NMOC emission rate (as
provided in 40 CFR 60.754(a)(5) of subpart WWW),
(2) Alternative emission standards,
(3) Major alternatives 1 to test methods,
---------------------------------------------------------------------------
\1\ Major changes to test methods or to monitoring are
modifications made to a federally enforceable test method or to a
federal monitoring requirement. These changes would involve the use
of unproven technology or procedures or an entirely new method
(which is sometimes necessary when the required test method or
monitoring requirement is unsuitable).
---------------------------------------------------------------------------
(4) Major alternatives to monitoring, or
(5) Waivers of recordkeeping.
Sec. 62.14351 Definitions.
Terms used but not defined in this subpart have the meaning given
them in the Clean Air Act and 40 CFR part 60, subparts A, B, and WWW.
Achieve final compliance means to connect and operate the
collection and control system as specified in the final control plan.
Within 180 days after the date the landfill is required to achieve
final compliance, the initial performance test must be conducted.
Award contract means the MSW landfill owner or operator enters into
legally binding agreements or contractual obligations that cannot be
canceled or modified without substantial financial loss to the MSW
landfill owner or operator. The MSW landfill owner or operator may
award a number of contracts to install the collection and control
system. To meet this increment of progress, the MSW landfill owner or
operator must award a contract or contracts to initiate on-site
construction or installation of the collection and control system.
Complete on-site construction means that all necessary collection
system components and air pollution control devices identified in the
final control plan are on site, in place, and ready for operation.
Design capacity means the maximum amount of solid waste a landfill
can accept, as indicated in terms of volume or mass in the most recent
permit issued by the State, local, or Tribal agency responsible for
regulating the landfill, plus any in-place waste not accounted for in
the most recent permit. If the owner or operator chooses to convert the
design capacity from volume to mass or from mass to volume to
demonstrate its design capacity is less than 2.5 million megagrams or
2.5 million cubic meters, the calculation must include a site-specific
density, which must be recalculated annually.
EPA approved State plan means a State plan that EPA has approved
based on the requirements in 40 CFR part 60, subpart B to implement and
enforce 40 CFR part 60, subpart Cc. An approved State plan becomes
effective on the date specified in the notice published in the Federal
Register announcing EPA's approval.
Federal Indian Reservation means for purposes of the Clean Air Act,
all land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation.
Final control plan (Collection and control system design plan)
means a plan that describes the collection and control system that will
capture the gas generated within an MSW landfill. The collection and
control system design plan must be prepared by a professional engineer
and must describe a collection and control system that meets the
requirements of 40 CFR 60.752(b)(2)(ii). The final control plan must
contain engineering specifications and drawings of the collection and
control system. The final control plan must include any alternatives to
the operational standards, test methods, procedures, compliance
measures, monitoring, recordkeeping or reporting provisions of 40 CFR
60.753 through 60.758 proposed by the owner or operator. The final
control plan must either conform with the specifications for active
collection systems in 40 CFR 60.759 or include a
[[Page 60704]]
demonstration that shows that based on the size of the landfill and the
amount of waste expected to be accepted, the system is sized properly
to collect the gas, control emissions of NMOC to the required level and
meet the operational standards for a landfill.
Indian Country means all land within the limits of any Indian
reservation under the jurisdiction of the United States government,
notwithstanding the issuance of any patent, and including rights-of-way
running through the reservation; all dependent Indian communities
within the borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or without
the limits of a State; and all Indian allotments, the Indian titles to
which have not been extinguished, including rights-of-way running
through the same.
Initiate on-site construction means to begin any of the following:
installation of the collection and control system to be used to comply
with the emission limits as outlined in the final control plan;
physical preparation necessary for the installation of the collection
and control system to be used to comply with the final emission limits
as outlined in the final control plan; or, alteration of an existing
collection and control system to be used to comply with the final
emission limits as outlined in the final control plan.
Modification means an increase in the permitted volume design
capacity of the landfill by either horizontal or vertical expansion
based on its permitted design capacity as of May 30, 1991. Modification
does not occur until the owner or operator commences construction on
the horizontal or vertical expansion.
Municipal solid waste landfill or MSW landfill means an entire
disposal facility in a contiguous geographical space where household
waste is placed in or on land. A municipal solid waste landfill may
also receive other types of RCRA Subtitle D wastes such as commercial
solid waste, nonhazardous sludge, conditionally exempt small quantity
generator waste, and industrial solid waste. Portions of a municipal
solid waste landfill may be separated by access roads. A municipal
solid waste landfill may be publicly or privately owned.
Negative declaration letter means a letter to EPA declaring that
there are no existing MSW landfills in the State or that there are no
existing MSW landfills in the State that must install collection and
control systems according to the requirements of 40 CFR part 60,
subpart Cc. The negative declaration letter must include the design
capacities of any existing MSW landfills with a design capacity less
than 2.5 million megagrams or 2.5 million cubic meters.
Protectorate means American Samoa, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, the Northern Mariana Islands, and the
Virgin Islands.
State means any of the 50 United States and the protectorates of
the United States.
State plan means a plan submitted pursuant to section 111(d) of the
Clean Air Act and 40 CFR part 60, subpart B that implements and
enforces 40 CFR part 60, subpart Cc. State plans include plans
developed by States, local agencies, and protectorates.
Tribal plan means a plan submitted by a Tribal Authority pursuant
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40
CFR part 60, subpart Cc.
Sec. 62.14352 Designated facilities.
(a) The designated facility to which this subpart applies is each
municipal solid waste landfill in all States, protectorates, and Indian
Country that meets the conditions of paragraphs (a)(1) and (a)(2) of
this section, except for landfills exempted by paragraphs (b) and (c)
of this section.
(1) The municipal solid waste landfill commenced construction,
reconstruction, or modification before May 30, 1991 (landfills that
commence construction, modification, or reconstruction on or after May
30, 1991 are subject to 40 CFR part 60, subpart WWW), and
(2) The municipal solid waste landfill has accepted waste at any
time since November 8, 1987 or the landfill has additional capacity for
future waste deposition.
(b) A municipal solid waste landfill regulated by an EPA approved
and currently effective State or Tribal plan is not subject to the
requirements of this subpart. States that have an approved and
effective State plan are listed in table 1 of this subpart.
Notwithstanding the exclusions in table 1 of this subpart, any MSW
landfill located in a State or portion of Indian country that does not
have an EPA approved and currently effective State or Tribal plan is
subject to the requirements of this subpart.
(c) A municipal solid waste landfill located in a State, locality,
or portion of Indian country that submitted a negative declaration
letter is not subject to the requirements of this subpart other than
the requirements in the definition of design capacity to recalculate
the site-specific density annually and in Sec. 62.14355 to submit an
amended design capacity report in the event that the recalculated
design capacity is equal to or greater than 2.5 million megagrams and
2.5 million cubic meters. However, if the existing municipal solid
waste landfill already has a design capacity equal to or greater than
2.5 million megagrams and 2.5 million cubic meters, then it is subject
to the requirements of the Federal plan. States, localities, or
portions of Indian country that submitted negative declaration letters
are listed in table 2 of this subpart.
(d) Physical or operational changes made to an existing municipal
solid waste landfill solely to comply with an emission guideline are
not considered a modification or reconstruction and would not subject
an existing municipal solid waste landfill to the requirements of 40
CFR part 60, subpart WWW.
(e) For purposes of obtaining an operating permit under title V of
the Clean Air Act, the owner or operator of a municipal solid waste
landfill subject to this subpart with a design capacity less than 2.5
million megagrams or 2.5 million cubic meters is not subject to the
requirement to obtain an operating permit for the landfill under part
70 or 71 of this chapter, unless the landfill is otherwise subject to
either part 70 or 71. For purposes of submitting a timely application
for an operating permit under part 70 or 71, the owner or operator of a
municipal solid waste landfill subject to this subpart with a design
capacity greater than or equal to 2.5 million megagrams and 2.5 million
cubic meters on January 7, 2,000 and not otherwise subject to either
part 70 or 71, becomes subject to the requirements of
Sec. 70.5(a)(1)(i) or Sec. 71.5(a)(1)(i) of this chapter April 6, 2000,
even if the initial design capacity report is submitted earlier. In
addition, the owner or operator of a municipal solid waste landfill
subject to this subpart with a design capacity less than 2.5 million
megagrams or 2.5 million cubic meters on January 7, 2000, and not
otherwise subject to either part 70 or 71, but whose design capacity
subsequently increases to equal or exceed 2.5 million megagrams and 2.5
million cubic meters by a change that is not a modification or
reconstruction becomes subject to the requirements of
Sec. 70.5(a)(1)(i) or Sec. 71.5(a)(1)(i) of this chapter upon the date
the amended design capacity report is due.
(f) When a municipal solid waste landfill subject to this subpart
is closed, the owner or operator is no longer subject to the
requirement to maintain an operating permit under part 70 or 71 of this
chapter for the landfill if the landfill is not otherwise subject to
the
[[Page 60705]]
requirements of either part 70 or 71 and if either of the following
conditions are met:
(1) The landfill was never subject to the requirement for a control
system under Sec. 62.14353 of this subpart; or
(2) The owner or operator meets the conditions for control system
removal specified in 40 CFR 60.752(b)(2)(v).
Sec. 62.14353 Standards for municipal solid waste landfill emissions.
(a) The owner or operator of a designated facility having a design
capacity less than 2.5 million megagrams or 2.5 million cubic meters
must comply with the requirements of 40 CFR 60.752(a) in addition to
the applicable reporting and recordkeeping requirements specified in
this subpart.
(b) The owner or operator of a designated facility having a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters must comply with the requirements of 40 CFR 60.752(b) in
addition to the applicable reporting and recordkeeping requirements
specified in this subpart.
Sec. 62.14354 Procedures, test methods, and monitoring.
(a) The owner or operator of a designated facility having a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters must calculate the landfill nonmethane organic compounds
emission rate using the procedures listed in 40 CFR 60.754, as
applicable, to determine whether the landfill nonmethane organic
compounds emission rate equals or exceeds 50 megagrams per year.
(b) The owner or operator of a designated facility with a gas
collection and control system used to comply with Sec. 62.14353(b) must
comply with the operational standards in 40 CFR 60.753; the test
procedures in 40 CFR 60.754(b) and (d); the compliance provisions in 40
CFR 60.755; and the monitoring provisions in 40 CFR 60.756, unless
alternative procedures have been approved.
Sec. 62.14355 Reporting and recordkeeping requirements.
(a) The owner or operator of a designated facility must comply with
the recordkeeping and reporting provisions listed in 40 CFR 60.757 and
60.758, except as provided for under paragraphs (a)(1) and (a)(2) of
this section.
(1) The initial design capacity report for a designated facility is
due within 90 days of the effective date of this subpart. Existing MSW
landfills with a design capacity less than 2.5 million megagrams or 2.5
million cubic meters that are located in States that submitted a
negative declaration letter are not required to submit an initial
design capacity report provided that the MSW landfill's design capacity
was included in the negative declaration letter.
(2) The initial nonmethane organic compounds emission rate report
for a designated facility is due within 90 days of the effective date
of this subpart.
(b) The owner or operator of a designated facility must submit
notification to the EPA Regional Office within 10 business days of
completing each increment of progress. Each notification must indicate
which increment of progress specified in Sec. 62.14356(a)(1) through
(a)(5) of this subpart has been achieved. The notification must be
signed by the owner or operator of the landfill.
(1) For the first increment of progress, the final control plan
(collection and control system design plan) must be submitted in
addition to the notification. A copy of the design plan must also be
kept on site at the landfill.
(2) For the second increment of progress, a signed copy of the
contract(s) awarded must be submitted in addition to the notification.
(c) The owner or operator of a designated facility who fails to
meet any increment of progress specified in Sec. 62.14356(a)(1) through
(a)(5) of this subpart according to the applicable schedule in
Sec. 62.14356 of this subpart must submit notification that the owner
or operator failed to meet the increment to the EPA Regional Office
within 10 business days of the applicable date in Sec. 62.14356.
(d) The owner or operator (or the State or Tribal air pollution
control authority) that is submitting alternative dates for increments
2 and 3 according to Sec. 62.14356(d) of this subpart must do so by the
date specified for submitting the final control plan. The date for
submitting the final control plan is specified in Sec. 62.14356(c)(1)
and (c)(2) of this subpart, as applicable. The owner or operator (or
the State or Tribal air pollution control authority) must submit a
justification if any of the alternative dates are later than the
increment dates in table 3 of this subpart. In addition to submitting
the alternative dates to the appropriate EPA Regional Office, the owner
or operator must also submit the alternative dates to the State.
Sec. 62.14356 Compliance schedules and increments of progress.
(a) Increments of progress. The owner or operator of a designated
facility that has a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters and a nonmethane organic
compound emission rate greater than or equal to 50 megagrams per year
must achieve the increments of progress specified in paragraphs (a)(1)
through (a)(5) of this section to install air pollution control devices
to meet the emission standards specified in Sec. 62.14353(b) of this
subpart. (Refer to Sec. 62.14351 for a definition of each increment of
progress.)
(1) Submit control plan: Submit a final control plan (collection
and control system design plan) according to the requirements of
Sec. 62.14353(b) of this subpart and 40 CFR 60.752(b)(2).
(2) Award contract(s): Award contract(s) to initiate on-site
construction or initiate on-site installation of emission collection
and/or control equipment.
(3) Initiate on-site construction: Initiate on-site construction or
initiate on-site installation of emission collection and/or control
equipment as described in the EPA-approved final control plan.
(4) Complete on-site construction: Complete on-site construction
and installation of emission collection and/or control equipment.
(5) Achieve final compliance: Complete construction in accordance
with the design specified in the EPA-approved final control plan and
connect the landfill gas collection system and air pollution control
equipment such that they are fully operating. The initial performance
test must be conducted within 180 days after the date the facility is
required to achieve final compliance.
(b) Compliance date. For each designated facility that has a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters and a nonmethane organic compound emission rate greater
than or equal to 50 Mg per year, planning, awarding of contracts, and
installation of municipal solid waste landfill air emission collection
and control equipment capable of meeting the standards in
Sec. 62.14353(b) must be accomplished within 30 months after the date
the initial emission rate report (or the annual emission rate report)
first shows that the nonmethane organic compounds emission rate equals
or exceeds 50 megagrams per year.
(c) Compliance schedules. The owner or operator of a designated
facility that has a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters and a nonmethane organic
compound emission rate greater than or equal to 50 megagrams per year
must achieve the increments of progress specified in paragraphs (a)(1)
through
[[Page 60706]]
(a)(5) of this section according to the schedule specified in paragraph
(c)(1) or (c)(2) of this section, unless a site-specific schedule is
approved by EPA.
(1) The owner or operator of a designated facility must achieve the
increments of progress according to the schedule in table 3 of this
subpart, except for those affected facilities specified in paragraph
(c)(2) of this section. Once this subpart becomes effective on January
7, 2000, any designated facility to which this subpart applies will
remain subject to the schedule in table 3 if a subsequently approved
State or Tribal plan contains a less stringent schedule, (i.e., a
schedule that provides more time to comply with increments 1, 4 and/or
5 than does this Federal plan).
(2) The owner or operator of the specified designated facility in
table 4 of this subpart must achieve the increments of progress
according to the schedule in table 4 of this subpart.
(d) For designated facilities that are subject to the schedule
requirements of paragraph (c)(1) of this section, the owner or operator
(or the State or Tribal air pollution control authority) may submit to
the appropriate EPA Regional Office for approval alternative dates for
achieving increments 2 and 3.
Tables to Subpart GGG
Table 1 of Subpart GGG.--States That Have an Approved and Effective
State Plan a
------------------------------------------------------------------------
Effective date
State plan of state plan
-----------------------------------------------------------------b------
Alabama................................................. 12/07/98
Allegheny County, Pennsylvania.......................... 04/16/99
Arizona................................................. 11/19/99
California.............................................. 11/22/99
Colorado................................................ 09/28/98
Delaware................................................ 11/16/99
Florida................................................. 08/03/99
Georgia................................................. 01/12/99
Illinois................................................ 01/22/99
Iowa.................................................... 06/22/98
Kansas.................................................. 05/19/98
Kentucky................................................ 06/21/99
Louisiana............................................... 10/28/97
Maryland................................................ 11/8/99
Minnesota............................................... 09/25/98
Missouri................................................ 06/23/98
Montana................................................. 09/08/98
Nashville, Tennessee.................................... 02/16/99
Nebraska................................................ 06/23/98
Nevada.................................................. 11/19/99
New Mexico.............................................. 02/10/98
New York................................................ 09/17/99
North Dakota............................................ 02/13/98
Ohio.................................................... 10/06/98
Oklahoma................................................ 05/18/99
Oregon.................................................. 08/25/98
South Carolina.......................................... 10/25/99
South Dakota............................................ 08/02/99
Tennessee............................................... 11/29/99
Texas................................................... 08/16/99
Utah.................................................... 03/16/98
Wyoming................................................. 07/31/98
------------------------------------------------------------------------
a This table is provided as a matter of convenience and is not
controlling in determining whether a MSW landfill is subject to the
Federal plan. A MSW landfill is subject to this Federal plan if it
commenced construction before May 30, 1991 and has not been modified
or reconstructed on or after that date and is not covered by an
approved and currently effective State or Tribal plan.
b The State plan is expected to become effective on the date indicated.
However, if the State plan does not become effective on the date
indicated, the Federal plan applies until the State plan becomes
effective.
Table 2 of Subpart GGG.--States That Submitted a Negative Declaration
Letter a
------------------------------------------------------------------------
Date of
State, locality, or portion of Indian country negative
declaration
------------------------------------------------------------------------
District of Columbia.................................... 09/11/97
New Hampshire........................................... 07/22/98
Philadelphia, Pennsylvania.............................. 02/27/96
Rhode Island............................................ 05/27/98
Vermont................................................. 08/20/96
------------------------------------------------------------------------
a A MSW landfill with a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters located in an area for
which a negative declaration letter was submitted is subject to the
Federal plan, notwithstanding the negative declaration letter and this
table 2.
Table 3 of Subpart GGG.--Generic Compliance Schedule and Increments of
Progress a
------------------------------------------------------------------------
Increment Date
------------------------------------------------------------------------
Increment 1--Submit final control plan. 1 year after initial NMOC
emission rate report or the
first annual emission rate
report showing NMOC emissions
50 Mg/yr.b
Increment 2--Award Contracts........... 20 months after initial NMOC
emission rate report or the
first annual emission rate
report showing NMOC emissions
50 Mg/yr.b
Increment 3--Begin on-site construction 24 months after initial NMOC
emission rate report or the
first annual emission rate
report showing NMOC emissions
50 Mg/yr.b
Increment 4--Complete on-site 30 months after initial NMOC
construction. emission rate report or the
first annual emission rate
report showing NMOC emissions
50 Mg/yr.b
Increment 5--Final compliance.......... 30 months after initial NMOC
emission rate report or the
first annual emission rate
report showing NMOC emissions
50 Mg/yr.b
------------------------------------------------------------------------
a Table 3 of subpart GGG applies to landfills with design capacities 2.5 million megagrams and 2.5 million cubic meters that are
subject to this subpart except those with site-specific compliance
schedules shown in table 4 of subpart GGG.
b NMOC = nonmethane organic compounds Mg/yr = megagrams per year
Table 4 of Subpart GGG--Site-Specific Compliance Schedules and
Increments of Progress [Reserved]
[FR Doc. 99-28726 Filed 11-5-99; 8:45 am]
BILLING CODE 6560-50-P