[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Rules and Regulations]
[Pages 18906-18909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8151]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6570-4]
RIN 2060-AC42


Standards of Performance for New Stationary Sources and 
Guidelines for Control of Existing Sources: Municipal Solid Waste 
Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical corrections.

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SUMMARY: Under the Clean Air Act (CAA), the EPA issued a final rule 
entitled ``Standards of Performance for New Stationary Sources and 
Guidelines for Control of Existing Sources: Municipal Solid Waste 
Landfills,'' published in the Federal Register on March 12, 1996 (61 FR 
9905). A subsequent direct final rule, published

[[Page 18907]]

on June 16, 1998 (63 FR 32743) corrected errors and clarified 
regulatory text of the final rule. These technical corrections will 
correct an error in the amendatory instructions and an inconsistency 
between the reportable exceedances and reporting of monitoring data. 
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), 
provides that, when an agency for good cause finds that notice and 
public procedure are impracticable, unnecessary or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for public comment. The EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because the changes to the rule 
are minor technical corrections, are noncontroversial in nature, and do 
not substantively change the requirements of the NSPS/EG rule. Thus, 
notice and public procedure are unnecessary. The EPA finds that this 
constitutes good cause under 5 U.S.C. 553(b)(B).

DATES: These technical corrections are effective April 10, 2000.

ADDRESSES: Docket No. A-88-09 contains the supporting information used 
in the development of this rulemaking. The docket is located at the 
U.S. Environmental Protection Agency in Room M-1500, Waterside Mall 
(ground floor), 401 M Street SW, Washington, DC 20460, and may be 
inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding 
legal holidays. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Laur, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone (919) 541-5256, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The entities potentially 
affected by this action include:

----------------------------------------------------------------------------------------------------------------
                  Category                       SIC                  Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry and Local Government Agencies              4953  Existing municipal solid waste landfills where solid
                                                           waste from households is placed in or on land. Waste
                                                           from commercial or industrial operations may be mixed
                                                           with the household waste.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. While the landfills EG and NSPS (40 CFR part 60, subparts Cc 
and WWW) will primarily impact facilities in the Standard Industrial 
Classification (SIC) code 4953, not all facilities in this code will be 
affected by this action. To determine if your landfill is affected by 
the landfills EG or NSPS, see 40 CFR part 60, subparts Cc and WWW, or 
the technical amendments published on June 16, 1998 (63 FR 37243).
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's action will be available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this action will be posted on the TTN's policy and guidance 
page for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various 
areas of air pollution control. If more information regarding the TTN 
is needed, call the TTN HELP line at (919) 541-5384.

I. Background

    On March 12, 1996, the EPA promulgated in the Federal Register (61 
FR 9919) EG for existing municipal solid waste landfills and the NSPS 
for municipal solid waste landfills. These regulations and guidelines 
were promulgated as subparts Cc and WWW of 40 CFR part 60. This action 
corrects an error in the amendatory instructions, typographic and 
formatting errors, and it corrects three inconsistencies in the direct 
final action published on June 16, 1998.

II. Description of Corrections

A. Amendatory Instruction Error

    Due to an error in the amendatory instructions for the direct final 
rule published in the Federal Register on June 16, 1998, 
Sec. 60.752(b)(2)(ii) (A) and (B) and Sec. 60.752(b)(2)(iii)(B) (1) and 
(2) were incorrectly removed. These technical corrections add those 
paragraphs back into the final rule.

B. Inconsistencies

    An inconsistency exists between what constitutes a reportable 
exceedance for boilers and process heaters in Sec. 60.758(c)(1)(i), and 
the monitoring (Sec. 60.756(b)(1)) and recordkeeping 
(Sec. 60.758(b)(2)) requirements for these devices. Boilers and process 
heaters with design heat input capacity less than or equal to 44 
megawatts are required to monitor temperature and keep records. A 
reportable exceedance related to temperature can only occur for boilers 
and process heaters that are less than 44 megawatts. It was not our 
intent to require monitoring and recordkeeping for boilers and process 
heaters if their design heat input capacity is equal to or greater than 
44 megawatts.

C. Typographical and Formatting Errors

    A typographical error appearing in the equation in 
Secs. 60.754(a)(1) (i), (ii) and 60.759(a)(3)(ii) is being corrected. 
The term ``CNNMMOC'' is corrected to read 
``CNMOC'', meaning the concentration of non-methane organic 
compounds.
    A typographical error appearing in Sec. 60.754(a)(1)(ii) is being 
corrected. The paragraph immediately following the list of terms to the 
equation in this section was incorrectly duplicated from the paragraph 
in Sec. 60.754(a)(1)(i). The paragraph is amended to correctly reflect 
the method for subtracting nondegradable solid waste when actual year-
to-year solid waste acceptance rates are known.
    A formatting error in Sec. 60.756(a), introductory text, is being 
corrected. A comma was left out between the words ``thermometer'' and 
``other.''
    A typographical error appearing in Sec. 60.757(c) is being 
corrected. Throughout the rule, various requirements are triggered by 
the emission rate cutoff of ``equals or exceeds 50 megagrams per 
year.'' The term ``equals or'' was inadvertently omitted. This omission 
is being corrected to be consistent with the remainder of the rule and 
with our intent.
    A typographical error appearing in Sec. 60.758(c)(1)(ii) is being 
corrected. This section incorrectly references Sec. 60.758(b)(3)(i) 
which does not exist. The correct reference is Sec. 60.758(b)(3).

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. Because the 
EPA has made a ``good cause'' finding that this action is not subject 
to notice and comment requirements under the Administrative Procedure 
Act or any other statute (see

[[Page 18908]]

Summary), it is not subject to the regulatory flexibility provisions of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 
202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 
104-4). In addition, this action does not significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate as described in sections 203 and 204 of UMRA. This rule also 
does not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This rule does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, as specified in Executive Order 13132 (64 FR 43255, August 10, 
1999). This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, the EPA 
has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct, as required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996). The EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). The EPA's compliance with these statutes and Executive Orders 
for the underlying rule is discussed in the June 16, 1998 amendments to 
the final NSPS/EG rule Federal Register document.
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the 
Congressional Review Act if the agency makes a good cause finding that 
notice and public procedure is impracticable, unnecessary or contrary 
to the public interest. This determination must be supported by a brief 
statement (5 U.S.C. 808(2)). As stated previously, the EPA has made 
such a good cause finding, including the reasons therefor, and 
established an effective date of April 10, 2000. 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 the rule in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous waste, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: March 27, 2000.
Robert D. Brenner,
Acting Assistant Administrator, Office of Air and Radiation.

    For the reasons stated in the preamble, title 40, chapter I, part 
60, of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.

Subpart WWW--[Amended]

    2. Section 60.752 is amended by adding paragraphs (b)(2)(ii)(A), 
(b)(2)(ii)(B), (b)(2)(iii)(B)(1) and (b)(2)(iii)(B)(2) to read as 
follows:


Sec. 60.752  Standards for air emissions from municipal solid waste 
landfills.

* * * * *
    (b) * * * 
    (2) * * *
    (ii) * * *
    (A) An active collection system shall:
    (1) Be designed to handle the maximum expected gas flow rate from 
the entire area of the landfill that warrants control over the intended 
use period of the gas control or treatment system equipment;
    (2) Collect gas from each area, cell, or group of cells in the 
landfill in which the initial solid waste has been placed for a period 
of:
    (i) 5 years or more if active; or
    (ii) 2 years or more if closed or at final grade.
    (3) Collect gas at a sufficient extraction rate;
    (4) Be designed to minimize off-site migration of subsurface gas.
    (B) A passive collection system shall:
    (1) Comply with the provisions specified in paragraphs 
(b)(2)(ii)(A)(1), (2), and (2)(ii)(A)(4) of this section.
    (2) Be installed with liners on the bottom and all sides in all 
areas in which gas is to be collected. The liners shall be installed as 
required under Sec. 258.40.
* * * * *
    (iii) * * *
    (B) * * *
    (1) If a boiler or process heater is used as the control device, 
the landfill gas stream shall be introduced into the flame zone.
    (2) The control device shall be operated within the parameter 
ranges established during the initial or most recent performance test. 
The operating parameters to be monitored are specified in Sec. 60.756;
* * * * *

    3. In Sec. 60.754, in the equation in paragraph (a)(1)(i) the term 
``CNMOC'' is revised to read ``CNMOC'' and 
paragraph (a)(1)(ii) is revised to read as follows:


Sec. 60.754  Test methods and procedures.

    (a) * * *
    (1) * * *
    (ii) The following equation shall be used if the actual year-to-
year solid waste acceptance rate is unknown.
MNMOC = 2Lo R (e-kc-e-kt) 
CNMOC (3.6  x  10-9)

Where:
    MNMOC=mass emission rate of NMOC, megagrams per year
    Lo=methane generation potential, cubic meters per 
megagram solid waste
    R=average annual acceptance rate, megagrams per year
    k=methane generation rate constant, year-1
    t = age of landfill, years
    CNMOC=concentration of NMOC, parts per million by volume 
as hexane
    c=time since closure, years; for active landfill c=O and 
e-kc1
    3.6 x 10-9=conversion factor

    The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill when 
calculating the value of R, if documentation of the nature and amount 
of such wastes is maintained.
* * * * *

    4. Section 60.756 is amended in paragraph (a) introductory text by

[[Page 18909]]

adding a comma between the words ``thermometer'' and ``other'' and by 
revising paragraph (b)(1) to read as follows:


Sec. 60.756  Monitoring of operations.

* * * * *
    (b) * * *
    (1) A temperature monitoring device equipped with a continuous 
recorder and having a minimum accuracy of 1 percent of the 
temperature being measured expressed in degrees Celsius or 
0.5 degrees Celsius, whichever is greater. A temperature 
monitoring device is not required for boilers or process heaters with 
design heat input capacity equal to or greater than 44 megawatts.
* * * * *

    5. Section 60.757 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec. 60.757  Reporting requirements.

* * * * *
    (c) Each owner or operator subject to the provisions of 
Sec. 60.752(b)(2)(i) shall submit a collection and control system 
design plan to the Administrator within 1 year of the first report 
required under paragraph (b) of this section in which the emission rate 
equals or exceeds 50 megagrams per year, except as follows:
* * * * *

    6. Section 60.758 is amended by revising paragraphs (b)(2) 
introductory text and (c)(1)(ii) to read as follows:


Sec. 60.758  Recordkeeping requirements.

* * * * *
    (b) * * *
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(iii) 
through use of an enclosed combustion device other than a boiler or 
process heater with a design heat input capacity equal to or greater 
than 44 megawatts:
* * * * *
    (c) * * *
    (1) * * *
    (ii) For boilers or process heaters, whenever there is a change in 
the location at which the vent stream is introduced into the flame zone 
as required under paragraph (b)(3) of this section.
* * * * *


Sec. 60.759    [Amended]

    7. In Sec. 60.759 (a)(3)(ii), the term ``CNMOC'' is 
revised to read ``CNMOC''.

[FR Doc. 00-8151 Filed 4-7-00; 8:45 am]
BILLING CODE 6560-50-P