[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Rules and Regulations]
[Pages 68904-68905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29058]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[MO 117-1117a; FRL-6900-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the state of Missouri's section 
111(d) plan for controlling emissions from existing municipal solid 
waste (MSW) landfills. The plan adopts the revisions to the Federal 
Emission Guidelines published June 16, 1998, and February 24, 1999. 
Approval of the revised plan will ensure that the state plan contains 
the most current Federal requirements.

DATES: This rule is effective on January 16, 2001 without further 
notice, unless EPA receives adverse comment by December 15, 2000. If 
EPA receives such comments, it 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 must be submitted to Wayne Kaiser, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    Copies of documents relative to this action are available for 
public inspection during normal business hours at the above listed 
Region 7 location. The interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

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

Background

    Standards and guidelines for new and existing MSW landfills were 
promulgated under the authority of sections 111 and 129 of the CAA. 
These standards are 40 CFR part 60, subpart WWW, new source performance 
standards (NSPS) for new MSW landfills, and subpart Cc, emission 
guidelines (EG) for existing MSW landfills. The final NSPS and EG were 
published in the Federal Register on March 12, 1996.
    EPA subsequently revised these landfill rules twice, on June 16, 
1998, and February 24, 1999. These actions amend, correct errors, and 
clarify regulatory text of the March 12, 1996 rule.
    We first approved Missouri's 111(d) plan for MSW landfills on April 
24 1998 (63 FR 20320.) The state's plan consists primarily of two state 
rules which adopt the Federal landfill requirements

[[Page 68905]]

promulgated on March 12, 1996. One state rule is applicable to the St. 
Louis area, 10 CSR 10-5.490, and the other is applicable to the 
remainder of the state, 10 CSR 10-6.310.
    The Missouri Department of Natural Resources (MDNR) recently 
revised these two rules to incorporate the EPA revisions. The state 
rules became effective on July 30, 2000. The state has incorporated 
these revised rules into its revised 111(d) plan and submitted the plan 
and rules to us for approval pursuant to 111(d).
    We have evaluated the state plan revision against criteria in the 
EG and against the plan approval criteria at 40 CFR 60.23 through 
60.26, subpart B, ``Adoption and Submittal of State Plans for 
Designated Facilities.''
    The state plan meets all of the applicable requirements of 40 CFR 
part 60, subpart B and subpart Cc.

Final Action

    We are approving a revision to the Missouri 111(d) plan for MSW 
landfills which incorporates the most recent EPA requirements.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves preexisting requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
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 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 (64 FR 43255, August 10, 1999), 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 CAA. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant.
    In reviewing state plan submissions, our role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), we have no authority to 
disapprove a state plan for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state plan, 
to use VCS in place of a state plan that otherwise satisfies the 
provisions of the CAA. 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. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, we have taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. 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 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. We will submit a report containing this rule and other 
required information to the United States Senate, the United States 
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).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 16, 2001. 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, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 25, 2000.
Dennis Grams,
Regional Administrator, Region 7.


    Chapter I, title 40 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. 7401-7671q.

Subpart AA--Missouri

    2. Section 62.6357 is amended by adding paragraph (d) to read as 
follows:


Sec. 62.6357  Identification of plan.

* * * * *
    (d) Amended plan for the control of air emissions from Municipal 
Solid Waste Landfills submitted by the Missouri Department of Natural 
Resources on September 8, 2000. The effective date of the amended plan 
is January 16, 2001.

[FR Doc. 00-29058 Filed 11-14-00; 8:45 am]
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