[Federal Register Volume 65, Number 60 (Tuesday, March 28, 2000)]
[Rules and Regulations]
[Pages 16323-16327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7621]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[IN193-1a; FRL-6566-7]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Indiana; Control of Landfill Gas Emissions 
From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving the Indiana State Plan submittal for 
implementing the Municipal Solid Waste (MSW) Landfill Emission 
Guidelines. The State submitted this plan on September 30, 1999 in 
accordance with requirements found in the Clean Air Act (CAA) and in 
the Code of Federal Regulations for adoption and submittal of State 
plans for designated facilities. The plan establishes performance 
standards for existing MSW landfills and provides for the 
implementation and enforcement of those standards. The EPA finds that 
Indiana's plan for existing MSW landfills adequately addresses all of 
the Federal requirements applicable to such plans. EPA's approval of 
the State's MSW Landfill Plan also includes rules submitted to EPA on 
November 21, 1995, and February 14, 1996, as volatile organic compound 
control measures. EPA approved the rules as part of the Indiana SIP on 
January 17, 1997. In this action, EPA is incorporating the rule 
revisions into the Indiana MSW Landfill Plan.

DATES: The ``direct final'' rule is effective on May 30, 2000, unless 
EPA receives adverse written comments by April 27, 2000. If adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register and inform the public that the rule 
will not take effect.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Copies of the requested SIP revision are available for inspection 
at the U.S. Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
(Please telephone Randolph O. Cano at (312) 886-6036 before visiting 
the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Regulation 
Development Section, Air Programs Branch (AR-18J), United States 
Environmental Protection Agency, Region 5, Chicago, Illinois 60604, 
(312) 886-6036.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used we mean EPA.

Background
I. Why Was This Plan Prepared and Submitted?
II. What Elements Are Included in the EPA Review of Indiana's MSW 
Landfill Plan?
    A. Identification of Enforceable State Mechanism for 
Implementing the Emission Guidelines (EG)
    B. Demonstration of the State's Legal Authority to Carry Out the 
Section 111(d) State Plan as Submitted
    C. Inventory of Existing MSW Landfills in the State Affected by 
the State Plan
    D. Inventory of Emissions From Existing MSW Landfills in the 
State
    E. Emission Limitations for MSW Landfills
    F. A Process for State Review and Approval of Site-Specific Gas 
Collection and Control System Design Plans
    G. Compliance Schedules
    H. Testing, Monitoring, Recordkeeping and Reporting Requirements
    I. A Record of Public Hearings on the State Plan
    J. Submittal of Annual State Progress Reports to EPA
III. EPA Final Action
IV. Administrative Requirements
    A. Executive Order 12866
    B. Executive Order 13045
    C. Executive Order 13084
    D. Executive Order 13132
    E. Regulatory Flexibility Act
    F. Unfunded Mandates
    G. Submission to Congress and the Comptroller General
    H. National Technology Transfer and Advancement Act
    I. Petitions for Judicial Review

Background

I. Why Was This Plan Prepared and Submitted?

    Under section 111(d) of the Act and 40 CFR part 60, subpart B, EPA 
has established procedures for States to submit plans to control 
certain existing sources of ``designated pollutants.'' Designated 
pollutants are defined as pollutants for which a standard of 
performance for new sources applies under section 111, but which are 
not

[[Page 16324]]

``criteria pollutants'' (i.e., pollutants for which EPA has established 
National Ambient Air Quality Standards (NAAQS) under sections 108 and 
109 of the Act) or hazardous air pollutants (HAPs) regulated under 
section 112 of the Act. As required by section 111(d) of the Act, EPA 
established a process at 40 CFR part 60, subpart B, similar to the 
process required by section 110 of the Act (regarding State 
Implementation Plan (SIP) approval) which States must follow in 
adopting and submitting a section 111(d) plan. Whenever EPA promulgates 
a new source performance standard (NSPS) that controls a designated 
pollutant, it simultaneously establishes emissions guidelines in 
accordance with 40 CFR 60.22. This provision contains information on 
the control of the designated pollutant from that NSPS source category 
(i.e., the ``designated facility'' as defined at 40 CFR 60.21(b)). 
Thus, a State's section 111(d) plan for a designated facility must 
comply with the emission guideline for that source category, as well as 
with 40 CFR part 60, subpart B.
    On March 12, 1996, EPA published EG for existing MSW landfills at 
40 CFR part 60, subpart Cc (40 CFR 60.30c through 60.36c), and NSPS for 
new MSW Landfills at 40 CFR part 60, subpart WWW (40 CFR 60.750 through 
60.759) (See 61 FR 9905-9929.). The pollutant regulated by the NSPS and 
EG is ``MSW landfill gas emissions'', which contain a mixture of 
methane and non-methane organic compounds. Non-methane organic 
compounds (NMOC) consist of volatile organic compounds (VOC), hazardous 
air pollutants (HAPs), and odorous compounds. VOC emissions can 
contribute to ozone formation which can result in adverse effects to 
human health and vegetation. The health effects of HAPs include cancer, 
respiratory irritation, and damage to the nervous system. Methane 
emissions contribute to global climate change and can result in fires 
or explosions when they accumulate in structures on or off the landfill 
site. To determine if control is required, NMOCs are measured as a 
surrogate for MSW landfill gas emissions. Thus, NMOC is considered the 
designated pollutant. The designated facility which is subject to the 
EG is each existing MSW landfill (as defined in 40 CFR 60.31c) for 
which construction, reconstruction or modification was commenced before 
May 30, 1991.
    40 CFR 60.23(a) requires States to submit a plan for the control of 
the designated pollutant to which the EG applies within nine months 
after publication of the EG (i.e., by December 12, 1996). If there were 
no designated facilities in the State, then the State was required to 
submit a negative declaration by December 12, 1996.

II. What Elements Are Included in the EPA Review Indiana's MSW 
Landfill Plan?

    The EPA has reviewed Indiana's section 111(d) plan for existing MSW 
landfills against the requirements of 40 CFR part 60, subpart B and 
subpart Cc, as follows:

A. Identification of Enforceable State Mechanism for Implementing the 
Emission Guidelines (EG)

    The Indiana Air Pollution Control Board adopted amendments to 326 
IAC 8-8-2, 8-8-3, 8-8-4 and new rule 8-8.1 on April 10, 1997. Indiana 
filed these rules with the Secretary of State on September 8, 1997. 
These rules became effective on October 8, 1997. Indiana published a 
notice of the adoption of these rules in the Indiana Register (21 IR 
30) on October 1, 1997. Indiana also submitted a November 1, 1996 
Findings and Determination by the Commissioner of the Indiana 
Department of Environmental Management (IDEM) related to the adoption 
of this rule, copies of public hearing notices and hearing transcripts 
as part of the 111(d) plan.
    It should be noted that on November 21, 1995, and February 14, 
1996, Indiana submitted 326 IAC 8-8 Municipal Solid Waste Landfills 
Located in Clark, Floyd, Lake and Porter Counties, sections 1 through 
4, as a requested revision to the Indiana SIP. The Indiana Air 
Pollution Control Board adopted these rules on July 12, 1995, and filed 
them with the Secretary of State on December 19, 1995. The rules became 
effective on January 18, 1996. Indiana published these rules on 
February 1, 1996 at Indiana Register, Volume 19, Number 5, page 1050. 
On January 17, 1997 (62 FR 2591), EPA approved these rules into the 
Indiana SIP at 40 CFR 52.770(c)(110). By this action, EPA is also 
incorporating them into the Indiana Municipal Solid Waste Landfill Plan 
for Clark, Floyd, Lake, and Porter Counties.
    Thus, the State has met the requirement of 40 CFR 60.24(a) to have 
legally enforceable emission standards.

B. Demonstration of the State's Legal Authority to Carry Out the 
Section 111(d) State Plan as Submitted

    40 CFR 60.26 requires the section 111(d) plan to demonstrate that 
the State has legal authority to adopt and implement the emission 
standards and compliance schedules.
    The Indiana Code (IC) divides legal authority for environmental 
rule adoption and rule development and implementation between the 
Indiana Air Pollution Control Board (IAPCB) and IDEM. The IAPCB has the 
legal authority to adopt rules governing landfill gas emissions from 
existing MSW landfills. The IDEM has authority for rule development and 
implementation. These responsibilities are spelled out in Titles 4 and 
13 of the IC. Under the IC, the APCB and IDEM have sufficient legal 
authority to carry out the plan.

C. Inventory of Existing MSW Landfills in the State Affected by the 
State Plan

    40 CFR 60.25(a) requires the section 111(d) plan to include a 
complete source inventory of all existing MSW landfills (i.e., those 
MSW landfills that were constructed, reconstructed, or modified prior 
to May 30, 1991) in the State that are subject to the plan. This 
includes all existing landfills that have accepted waste since November 
8, 1987 or that have additional capacity for future waste deposition.
    Indiana submitted a list of the existing MSW landfills in Indiana 
and an estimate of NMOC emissions from each landfill as part of its 
landfill plan.

D. Inventory of Emissions From Existing MSW Landfills in the State

    40 CFR 60.25(a) requires that the plan include an emissions 
inventory that estimates emissions of the pollutant regulated by the 
EG, which, in the case of MSW landfills, is NMOC. Indiana included an 
estimation of NMOC emissions for all of the landfills in the State 
using the Landfill Air Emissions Estimation Model and AP-42 default 
emission factors in Appendices B and D to its section 111(d) plan.

E. Emission Limitations for MSW Landfills

    40 CFR 60.24(c) specifies that the State plan must include emission 
standards that are no less stringent than those specified in 40 CFR 
60.33c for existing MSW landfills. However, 40 CFR 60.24(f) allows for 
States to implement less stringent emission limits on a case-by-case 
basis if certain conditions are met.
    Indiana's rules require existing MSW landfills to comply with the 
same level of control as prescribed in the NSPS. The controls and 
control system design criteria required by the NSPS are the same as 
those required by the EG. Thus, the emission standards implemented by 
Indiana are ``no less stringent than'' subpart Cc, which meets the 
requirements of 40 CFR 60.24(c).

[[Page 16325]]

    Section 60.24(f) allows States, in certain case-by-case situations, 
to provide for a less stringent emission standard. Indiana's rules, 326 
IAC 8-8.1-5 allow an owner/operator of a landfill that has been issued 
a closure certification, has an approved post-closure plan, and can 
demonstrate unreasonable cost, physical impossibilities, or other 
significant obstacles in complying with the standard emission limits, 
to apply for a less stringent standard. An owner/operator of a landfill 
seeking an alternative emission limit must submit a written request to 
IDEM and receive approval from IDEM and EPA pursuant to 40 CFR 
60.24(f). The criteria in 325 IAC 8-8.1-5 parallel those contained in 
40 CFR 60.24(f).
    Thus, IDEM's plan meets the emission limitation requirements by 
requiring emission limitations that are no less stringent than the EG.

F. A Process for State Review and Approval of Site-Specific Gas 
Collection and Control System Design Plans

    40 CFR 60.33c(b) in the EG requires State plans to include a 
process for State review and approval of site-specific design plans for 
required gas collection and control systems.
    The IAPCB's rules regulating landfill gas emissions from MSW 
landfills essentially make the federal NSPS applicable to existing MSW 
landfills. The design criteria and the design specifications for active 
collection systems specified in the NSPS also apply to existing 
landfills, unless a request pursuant to 40 CFR 60.24(f) has been 
approved by the IDEM and by EPA. Once IDEM receives a design plan, it 
will record the date the plan is received. IDEM will then review the 
submittal for completeness and request additional information if 
necessary. Indiana will complete its review of the design plan within 
180 days of its receipt.
    Thus, Indiana section 111(d) plan adequately addresses this 
requirement.

G. Compliance Schedules

    The State's section 111(d) plan must include a compliance schedule 
that owners and operators of affected MSW landfills must meet in 
complying with the requirements of the plan. 40 CFR 60.36c provides 
that planning, awarding of contracts, and installation of air emission 
collection and control equipment capable of meeting the EG must be 
accomplished within 30 months of the effective date of a State emission 
standard for MSW landfills. 40 CFR 60.24(e)(1) provides that any 
compliance schedule extending more than 12 months from the date 
required for plan submittal shall include legally enforceable 
increments of progress as specified in 40 CFR 60.21(h), including 
deadlines for submittal of a final control plan, awarding of contracts 
for emission control systems, initiation of on-site construction or 
installation of emission control equipment, completion of on-site 
construction/installation of emission control equipment, and final 
compliance.
    IAPCB has adopted enforceable compliance schedules in 326 IAC 8-
8.1-4. The State's rules require landfills that must install collection 
and control systems to be in final compliance with the requirements of 
the State plan no later than 30 months from the effective date of State 
adoption of the State rule or, for those MSW landfills which are not 
currently subject to the collection and control system requirements, 
within 30 months of first becoming subject to such requirements (i.e., 
within 30 months of reporting a NMOC emission rate of 50 Mg/yr or 
greater). Section 8-8-4 which regulates sources located in Clark, 
Floyd, Lake and Porter Counties requires affected sources to comply 
with the requirement of the Indiana MSW Landfill rule no later than May 
1, 1996. Thus, the State's rule satisfies the requirement of 40 CFR 
60.36c.

H. Testing, Monitoring, Recordkeeping and Reporting Requirements

    40 CFR 60.34c specifies the testing and monitoring provisions that 
State plans must include (60.34c actually refers to the NSPS 
requirements found in 40 CFR 60.754 to 60.756), and 40 CFR 60.35c 
specifies the reporting and recordkeeping requirements (Sec. 60.35c 
refers to the NSPS requirements found in 40 CFR 60.757 and 60.758). The 
IAPCB has adopted rules incorporating these pertinent Federal 
requirements. Consequently, EPA finds that the State's section 111(d) 
plan for MSW landfills adequately addresses the testing, monitoring, 
reporting, and recordkeeping requirements of the EG.

I. A Record of Public Hearings on the State Plan

    40 CFR 60.23 contains the requirements for public hearings that 
must be met by the State in adopting a section 111(d) plan. EPA's 
``Summary of the Requirements for Section 111(d) State Plans for 
Implementing the Municipal Solid Waste Landfill Emission Guidelines 
(EPA-456R/96-005, October 1996)'' contains additional guidance on this 
requirement. Indiana included documents in its plan submittal 
demonstrating that it complied with these procedures, as well as the 
State's administrative procedures, in adopting the State's plan. 
Therefore, EPA finds that Indiana has adequately met this requirement.

J. Submittal of Annual State Progress Reports to EPA

    40 CFR 60.25(e) and (f) require States to submit to EPA annual 
reports on the progress of plan enforcement. Indiana committed in the 
submittal for its section 111(d) plan to submit annual progress reports 
to EPA. The first progress report will be submitted by the State one 
year after EPA approval of the State plan. This commitment is part of 
section 15 #98-1 of IDEM's policy and procedures notebook. Section 15 
#98-1 which was revised on May 20, 1998 details how Indiana intends to 
implement its MSW Landfill Plan.

III. EPA Final Action

    Based on the rationale discussed above, EPA is approving Indiana's 
September 30, 1999, submittal of its section 111(d) plan for the 
control of landfill gas from existing MSW landfills. EPA is also 
incorporating the rules for controlling VOC emissions from existing MSW 
landfills located in Clark, Floyd, Lake and Porter Counties into the 
State's 111(d) plan. Indiana originally submitted these rules, 
contained in 326 IAC 8-8, to EPA as part of the Indiana Ozone Plan on 
November 21, 1995 and February 14, 1996. EPA approved these rules as 
part of the Ozone SIP on January 17, 1997 (62 FR 2593). EPA codified 
its approval of these State rules at 40 CFR 52.770(c)(110). As provided 
by 40 CFR 60.28(c), any revisions to Indiana's section 111(d) plan or 
associated regulations will not be considered part of the applicable 
plan until submitted by the State in accordance with 40 CFR 60.28(a) or 
(b), as applicable, and approved by EPA in accordance with 40 CFR part 
60, subpart B.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the State Plan should 
adverse written comments be filed. This action will be effective May 
30, 2000, unless, by April 27, 2000, adverse written comments are 
received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule

[[Page 16326]]

based on this action serving as a proposed rule. EPA will not institute 
a second comment period on this action. Any parties interested in 
commenting on this action should do so at this time. If no such 
comments are received, the public is advised that this action will be 
effective on May 30, 2000.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, 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.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

D. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the 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 13132, because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air Act do not create any new 
requirements but simply approve requirements that the State is already 
imposing. Therefore, because the Federal SIP approval does not create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal

[[Page 16327]]

governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective May 30, 2000, unless EPA receives 
adverse written comments by April 27, 2000.

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 30, 2000. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Methane, Municipal 
solid waste landfills, Non-methane organic compounds, Reporting and 
recordkeeping requirements.

    Dated: March 17, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.

    40 CFR part 62 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 et seq.

Subpart P--Indiana

    2. Subpart P is amended by adding a new center heading and sections 
62.3630, 62.3631 and 62.3632 to read as follows:

Landfill Gas Emissions From Existing Municipal Solid Waste 
Landfills


Sec. 62.3630  Identification of plan.

    ``Section 111(d) Plan for Municipal Solid Waste Landfills'' and the 
associated State regulations found in Title 326: Air Pollution Control 
Board of the Indiana Administrative Code (IAC), Article 8. Volatile 
Organic Compound Rules, Rule 8. Municipal Solid Waste Landfills Located 
in Clark, Floyd, Lake and Porter Counties and Rule 8.1. Municipal Solid 
Waste Landfills Not Located in Clark, Floyd, Lake and Porter Counties 
added at 21 Indiana Register 31, filed with the Secretary of State 
September 8, 1997, effective October 8, 1997, submitted by the State to 
EPA on September 30, 1999. Also included in this plan are rules 
submitted to EPA on November 21, 1995 and February 14, 1996: Title 326 
IAC Article 8. Volatile Organic Compound Rules, Rule 8. Municipal Solid 
Waste Landfills adopted at 19 Indiana Register 1050, filed with the 
Secretary of State December 19, 1995, effective January 18, 1996.


Sec. 62.3631  Identification of sources.

    The plan applies to all existing municipal solid waste landfills 
for which construction, reconstruction, or modification was commenced 
before May 30, 1991 that accepted waste at any time since November 8, 
1987 or that have additional capacity available for future waste 
deposition, as described in 40 CFR part 60, subpart Cc.


Sec. 62.3632  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is May 30, 2000.
[FR Doc. 00-7621 Filed 3-27-00; 8:45 am]
BILLING CODE 6560-50-U