[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Proposed Rules]
[Pages 36476-36481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12844]



[[Page 36475]]

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

Part VI





Environmental Protection Agency





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



40 CFR Part 60



Standards of Performance for Municipal Solid Waste Landfills; Proposed 
Rule

  Federal Register / Vol. 67, No. 100 / Thursday, May 23, 2002 / 
Proposed Rules  

[[Page 36476]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-7215-4]
RIN 2060-AJ41


Standards of Performance for Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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

SUMMARY: The EPA is proposing clarifications to the final rule entitled 
''Standards of Performance for Municipal Solid Waste Landfills'' (61 FR 
9905, March 12, 1996). We propose to clarify who is responsible for 
compliance activities conducted on-site; to clarify what constitutes 
treated landfill gas; to correct omission of an exemption for specific 
boilers and process heaters from the initial performance test; and to 
address compliance activities conducted by third parties with systems 
located off-site.
    The proposed amendments will not change the basic control 
requirements of the final rule or the level of health protection it 
provides, but will improve implementation, compliance, and regulatory 
flexibility while reducing unnecessary regulatory burden.
    While the proposed amendments would amend the ''Standards of 
Performance for Municipal Solid Waste Landfills,'' they would also 
serve to amend the emission guidelines (EG) for existing municipal 
solid waste (MSW) landfills because the EG incorporate the provisions 
of the ''Standards of Performance for Municipal Solid Waste 
Landfills.''

DATES: Comments. Submit comments on or before July 22, 2002.
    Public Hearing: If anyone contacts EPA requesting to speak at a 
public hearing by June 12, 2002, a public hearing will be held on June 
24, 2002.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-88-09, U.S. EPA, 1200 
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier, 
deliver comments (in duplicate if possible) to: Air and Radiation 
Docket and Information Center (6102), Attention Docket Number A-88-09, 
U.S. EPA, 401 M Street, SW, Washington DC 20460. The EPA requests a 
separate copy also be sent to the contact person listed below (see FOR 
FURTHER INFORMATION CONTACT).
    Public Hearing. If a public hearing is held, it will begin at 10:00 
a.m. and will be held at EPA's Office of Administration Auditorium in 
Research Triangle Park, North Carolina, or an alternate site nearby. 
You should contact JoLynn Collins, Waste and Chemical Processes Group, 
Emission Standards Division (C439-03), U.S. EPA, Research Triangle 
Park, NC 27711, telephone (919) 541-5671 to request a public hearing, 
to request to speak at a public hearing, or to find out if a hearing 
will be held.
    Docket. Docket No. A-88-09 contains supporting information used in 
developing the new source performance standards (NSPS). The docket is 
located at the U.S. EPA, 401 M Street SW, Washington, DC 20460 in Room 
M-1500, Waterside Mall (ground floor), and may be inspected from 8:30 
a.m. to 5:30 p.m., Monday through Friday, excluding legal holidays. 
Copies of docket materials may be obtained by request from the Air and 
Radiation Docket by calling (202) 260-7548. A reasonable fee may be 
charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Laur, Waste and Chemical 
Processes Group, Emission Standards Division (C439-03), U.S. EPA, 
Research Triangle Park, NC 27711, telephone number (919) 541-5256, 
facsimile number (919) 541-0246, electronic mail (e-mail) address: 
[email protected].

SUPPLEMENTARY INFORMATION: Comments. Comments may be submitted by e-
mail to: [email protected]. Electronic comments must be submitted 
as an ASCII file to avoid the use of special characters and encryption 
problems. Comments will also be accepted on disks in 
WordPerfect Corel 8 file format. All comments 
submitted in electronic form must note the docket number: Docket No. A-
88-09. No confidential business information (CBI) should be submitted 
by e-mail. Electronic comments may be filed online at many Federal 
Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration and retain the confidentiality of that information must 
clearly distinguish such information from other comments and clearly 
label it as CBI. Send submissions containing such proprietary 
information directly to the following address, and not to the public 
docket, to ensure that proprietary information is not inadvertently 
placed in the docket: Attention Ms. Michele Laur, c/o OAQPS Document 
Control Officer, U.S. EPA, (C404-02), 4930 Old Page Road, Research 
Triangle Park, 27709.
    The EPA will disclose information identified as CBI only to the 
extent allowed and by the procedures set forth in 40 CFR part 2. If no 
claim of confidentiality accompanies a submission when it is received 
by EPA, the information may be made available to the public without 
further notice to the commenter.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
JoLynn Collins, Emission Standards Division (C439-03), U.S. EPA, 
Research Triangle Park, NC 27711, telephone (919) 541-5671, at least 2 
days in advance of the public hearing. Persons interested in attending 
the public hearing should also contact JoLynn Collins to verify the 
time, date, and location of the hearing. The public hearing will 
provide interested parties the opportunity to present data, views, or 
arguments concerning these proposed amendments.
    Docket. The docket is an organized and complete file of all the 
information considered by EPA in the development of the NSPS. The 
docket is a dynamic file because material is added throughout the 
rulemaking process. The docketing system is intended to allow members 
of the public and industries involved to readily identify and locate 
documents so that they can effectively participate in the rulemaking 
process. Along with the proposed and promulgated standards and their 
preambles, the contents of the docket serve as the record in the case 
of judicial review. (See section 307(d)(7)(A) of the Clean Air Act.) 
The regulatory text and other materials related to this action are 
available for review in the docket or copies may be mailed on request 
from the Air Docket by calling (202) 260-7548. A reasonable fee may be 
charged for copying docket materials.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposed amendments will also be 
available on the WWW through the Technology Transfer Network (TTN). 
Following signature, a copy of today's proposed amendments will be 
posted on the TTN's policy and guidance page for newly proposed or 
promulgated rules at the following address: 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.

[[Page 36477]]

    Regulated Entities. Categories and entities potentially regulated 
by today's proposed amendments include:

----------------------------------------------------------------------------------------------------------------
                                                                             Examples of potentially regulated
                   Category                      NAICS code    SIC code                  entities
----------------------------------------------------------------------------------------------------------------
Industry: Air and water resource and solid           924110         9511  Solid waste landfills.
 waste management.
Industry: Refuse systems-solid waste landfills       562212         4953  Solid waste landfills.
State, local, and Tribal government agencies..       562212         4953  Solid waste landfills; Air and water
                                                     924110                resource and solid waste management.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should carefully examine the applicability criteria in  
60.32c of subpart Cc, or in  60.750 of subpart WWW. If you 
have any questions regarding the applicability of this action to a 
particular entity, contact the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

I. Background

    On March 12, 1996 (61 FR 9905), the U.S. EPA promulgated the 
emission guidelines (EG) for existing municipal solid waste (MSW) 
landfills and the NSPS for new or modified MSW landfills as subparts Cc 
and WWW of 40 CFR part 60. The expressed goal of the EG and NSPS is to 
control landfill gas emissions from the largest landfills to protect 
human health and the environment.
    The control of landfill gas results in emissions reductions of over 
30 volatile organic compounds and air toxics such as toluene, benzene, 
and vinyl chloride. The reduction of these emissions has direct and 
indirect health benefits as well as environmental benefits. In 
addition, the control of landfill gas results in reductions of methane 
gas emissions which not only reduces the potential for fires and 
explosions near landfills but also reduces the potential for global 
climate change related to methane gas emissions. Another benefit is the 
reduction of odor problems which reduces the potential for local 
property de-valuation and poorer quality of life for local residents.
    The EG and NSPS require large landfills (at least 2.5 million 
megagrams and 2.5 million cubic meters in size) with estimated 
nonmethane organic compound (NMOC) emissions at or above a specified 
limit (at least 50 megagrams per year) to collect and control or treat 
landfill gas. The NSPS and EG provide landfill owners or operators with 
some degree of flexibility to achieve compliance, allowing them to 
incorporate site specific factors into the design of the collection and 
control or treatment systems, as long as the systems meet specific 
performance standards.
    Recent implementation activity has shown a need for clarification 
of some issues. Today's proposed amendments are submitted to resolve 
those issues.

II. What Amendments Are We Making and Why?

A. Definition of Landfill Owner/Operator

    The NSPS do not contain a specific definition for MSW landfill 
owners/operators. In the absence of a specific definition, relevant 
definitions in the NSPS and in the general provisions apply. This lack 
of a specific definition for MSW landfill owners/operators may have 
confused some with regard to who is responsible for compliance when 
collection and control or treatment of landfill gas is performed on-
site.
    To facilitate implementation and improve compliance, we propose to 
amend  60.751 of the NSPS by adding a landfill-specific 
definition for MSW landfill owners/operators. This landfill-specific 
definition will identify the MSW landfill owners/operators as entities 
that own or operate the landfill or any stationary equipment located at 
the landfill that is used in the collection, control, or treatment of 
landfill gas. The inclusion of owners/operators of landfill gas 
collection, control, or treatment equipment located on-site in the 
definition of ''MSW landfill owner/operator'' is consistent with our 
historical approach and with the ''owner/operator'' and ''affected 
facility'' definitions found in the general provisions to 40 CFR part 
60. Today's proposed amendments should help to more clearly identify 
entities responsible for compliance with the NSPS.

B. Definitions for Treated Landfill Gas, Treatment System, and 
Untreated Landfill Gas, and Clarification of the Treatment Standard

    The NSPS allow landfill owners/operators the option of achieving 
compliance by routing collected landfill gas to a treatment system 
prior to subsequent sale or use. Once landfill gas is treated, 
facilities that buy or use the gas have no further obligations related 
to the NSPS.
    The NSPS do not clearly define landfill gas treatment. In the 
absence of a clear definition, a range of activities has been construed 
as constituting treatment. This absence of a clear treatment definition 
may have hindered implementation of this option, reduced rule 
flexibility, and reduced full use of this option.
    We propose to amend  60.751 of the NSPS by adding a 
definition for treatment system. The proposed definition for treatment 
system specifies that the system must filter, de-water and compress 
landfill gas. At a minimum, the system must filter landfill gas using a 
dry filter or similar device (e.g., impaction, interception or 
diffusion device). The filter should reduce particulate matter in the 
gas stream. This will prolong the life of the combustion device and 
decrease the buildup of material on combustion device internals, which 
will support good combustion. Good combustion is essential to ensuring 
the proper destruction of NMOC. In addition, the system must de-water 
landfill gas using chillers or other dehydration equipment. The de-
watering equipment should reduce moisture content of the gas, which 
will maintain low water content in the gas and will prevent degradation 
of combustion efficiencies. Finally, the system must compress landfill 
gas using gas blowers or similar devices. Compression should further 
reduce the moisture content of the gas and raise gas pressure to the 
level required by the end use combustion device. This definition of 
treatment was chosen because we believe it cleans up the gas to the 
extent it can be readily combusted in gas-to-energy projects. It also 
reflects current practices at many facilities and fosters expanded 
beneficial combustion of landfill gas.
    We recognize that some landfill gas-to-energy projects may use a 
different definition of treatment than we are proposing. We request 
data from them

[[Page 36478]]

that show achievement of the expected emissions reductions using a 
different treatment definition. If these facilities submit data that 
show different approaches to treatment, or different levels of 
treatment will sufficiently clean up the landfill gas so it is readily 
combustible, the data will be considered in development of the final 
rule.
    Today's proposed amendment to  60.751 of the NSPS reduces 
burden on States and Regions currently performing case-by-case 
determinations related to the adequacy of treatment options being 
employed across the Nation. It also serves to clarify the treatment 
issue for the regulated community so better informed decisions can be 
made about compliance options. It fosters the use of treated landfill 
gas, a renewable energy source, as an alternative to combustion of 
fossil fuels which can generate greater emissions. It will improve 
implementation and compliance, as well as increase regulatory 
flexibility.
    To implement the proposed treatment definition, we also propose to 
amend  60.751 of the NSPS by adding definitions for treated 
landfill gas and untreated landfill gas. The proposed definitions for 
treated and untreated landfill gas differentiate treated landfill gas, 
a gas that is not subject to requirements in the landfills NSPS, from 
untreated landfill gas. In addition, we propose to amend  
60.752(b)(2)(iii)(C) of the NSPS to specify that to achieve compliance 
with this section, landfill gas must be processed in a system that 
meets the treatment system definition in today's proposed amendment. We 
also propose to amend this section to clarify that venting of treated 
landfill gas to the ambient air is not permitted under this regulation.

C. Boiler and Process Heater Performance Test Exemption

    The NSPS currently require landfill owners/operators to conduct an 
initial performance test on all enclosed combustion devices used to 
control landfill gas emissions. The purpose of that test is to verify 
control device compliance with the standard and to determine the 
control device operating temperature that corresponds to compliance 
with the standard. Following the performance test, landfill owners/
operators must monitor and maintain the control device operating 
temperature within a specified range to ensure continuous compliance.
    Requiring a performance test on boilers and process heaters with 
design heat input capacities of 44 megawatts (MW) or greater represents 
an unnecessary burden resulting in additional cost to industry without 
additional emissions reductions or other environmental benefits. This 
conclusion is based on our determination that large boilers and process 
heaters consistently achieve the required level of control. Therefore, 
such units have historically been exempt from performance tests. In 
addition, the NSPS do not require temperature monitoring to evaluate 
continuous compliance for these large boilers and process heaters.
    We propose to amend  60.752(b)(2)(iii)(B) to exempt 
owners/operators of boilers and process heaters with design input 
capacities of 44 MW or greater from the requirement to conduct an 
initial performance test.

D. Allowance for Off-Site Control or Treatment Option

    At the time the NSPS were developed, off-site control or treatment 
of landfill gas was not considered as an option. Therefore, the NSPS do 
not address off-site control or treatment of landfill gas.
    Since development and implementation of the NSPS, landfill owners/
operators have sought new and innovative ways to operate landfills 
while maintaining compliance with the NSPS. Some of these innovative 
approaches involve the control or treatment of landfill gas by entities 
operating equipment located off-site. Since these operations are 
currently not addressed, the flexibility to engage in innovative 
control and use of landfill gas is hindered.
    In developing the NSPS, we wanted to allow landfill owners/
operators the flexibility to achieve compliance taking into account 
site-specific conditions. The option to transfer landfill gas for off-
site control or treatment by a third party would provide landfill 
owners/operators greater flexibility in complying with the rule. The 
proposed option would allow transfer of control or treatment 
responsibility in specified circumstances without holding the landfill 
owners/operators responsible for the actions of another party. This 
approach is consistent with our historical approach to similar waste 
stream transfers in other rules such as the National Emission Standards 
for Organic Hazardous Air Pollutants From the Synthetic Organic 
Chemical Manufacturing Industry for Process Vents, Storage Vessels, 
Transfer Operations, and Wastewater. It would also facilitate the use 
of landfill gas as a renewable energy source while achieving emission 
reductions of methane, a global climate change gas, which would benefit 
public health, the environment, and the regulated community.
    We propose to amend  60.752 of the NSPS to allow landfill 
owners/operators to transfer untreated landfill gas off-site for 
control or treatment provided the transferee certifies to EPA (and 
provides a copy to the owner/operator) that it will control or treat 
the landfill gas in accordance with the NSPS provisions, including 
providing for either a backup control device should the primary control 
or treatment system malfunction or shutdown, or a mechanism for shutoff 
of landfill gas flow to the off-site facility. During times when 
landfill gas flow to the off-site facility is shutdown, the owner/
operator of the landfill is responsible for complying with the rule.

III. What Are the Administrative Requirements for This Rule?

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ''significant,'' and 
therefore, subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive 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.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that today's proposed amendments are not a ''significant 
regulatory action'' because they will not have an annual effect on the 
economy of $100 million or more and they do not impose any additional 
control requirements above the 1996 NSPS. The EPA considered the 1996 
NSPS to be ''significant'' because they were expected to have an annual 
effect on the economy in excess of $100 million, and we submitted the 
1996 NSPS to OMB for review. Today's proposed amendments are projected 
to have no impact above the 1996 NSPS. Consequently, today's proposed

[[Page 36479]]

amendments were not submitted to OMB for review under Executive Order 
12866.

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ''Federalism'' (64 FR 43255, August 
10, 1999), 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.''
    Today's proposed amendments do not have federalism implications. 
They 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.
    Today's proposed amendments do not impose additional costs or 
result in additional control requirements above those considered during 
promulgation of the 1996 landfills NSPS. In developing the 1996 
landfills NSPS, EPA consulted extensively with State and local 
governments to enable them to provide meaningful and timely input in 
the development of that rulemaking. Because the control requirements of 
today's proposed amendments are the same as those developed in 1996, 
these previous consultations still apply. For a discussion of EPA's 
consultations with State and local governments, the nature of the 
governments' concerns, and EPA's position supporting the need for the 
specific control requirements included in the NSPS, see the preamble to 
the 1996 NSPS (61 FR 9905, March 12, 1996). Thus, Executive Order 13132 
does not apply to today's proposed amendments.
    In the spirit of Executive Order 13132 and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on these proposed 
amendments from State and local officials.

C. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ''Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ''meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ''Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ''substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and the Indian tribes.''
    Today's proposed amendments do not have tribal implications. They 
will not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Today's proposed amendments do not impose additional costs or result in 
additional control requirements above those considered during 
promulgation of the 1996 NSPS. In addition, today's proposed amendments 
do not significantly or uniquely affect the communities of Indian 
tribal governments. Thus, the requirements of Executive Order 13175 do 
not apply to today's proposed amendments.
    In the spirit of Executive Order 13175 and consistent with EPA 
policy to promote communications between EPA and tribal governments, 
EPA specifically solicits additional comment on today's proposed 
amendments from tribal officials.

D. 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 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, EPA must evaluate the environmental health or safety 
effects of the planned rule on children and explain why the planned 
rule is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA.
    The EPA interprets Executive Order 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 Executive Order has 
the potential to influence the regulation.
    Today's proposed amendments are not subject to Executive Order 
13045 because they are based on technology performance and not on 
health and safety risks. No children's risk analysis was performed 
because no alternative technologies exist that would provide greater 
stringency at a reasonable cost. In addition, today's proposed 
amendments are not economically significant as defined in Executive 
Order 12866.

E. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Today's proposed amendments are not subject to Executive Order 
13211, ''Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) 
because it is not a significant regulatory action under Executive Order 
12866.

F. Unfunded Mandates Reform Act of 1995

    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 by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires the 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

[[Page 36480]]

the development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that today's proposed amendments do not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any 1 year. Thus, today's proposed 
amendments are not subject to the requirements of sections 202 and 205 
of the UMRA. In addition, the EPA has determined that today's proposed 
amendments contain no regulatory requirements that might significantly 
or uniquely affect small governments because they consist of new 
definitions and clarifications and do not impose new costs on 
government entities or the private sector. Therefore, today's proposed 
amendments are not subject to the requirements of section 203 of the 
UMRA.

G. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute 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 organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed 
amendments, small entities are defined as: (1) A small business that is 
primarily engaged in the collection and disposal of refuse in a 
landfill operation as defined by NAICS codes 562212 and 924110 with 
annual receipts less than $10 million; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district, or special district with a population of less than 50,000; 
and (3) a small organization that is any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The EPA has 
determined that it is not necessary to prepare a regulatory flexibility 
analysis in connection with today's proposed amendments. Today's 
proposed amendments clarify the applicability of control requirements 
in the NSPS and do not include provisions that create a new burden for 
regulated entities.
    Today's proposed amendments do not increase the stringency of the 
NSPS, nor do they add additional control requirements. Today's proposed 
amendments reduce the control, monitoring, recordkeeping, and reporting 
requirements of the promulgated rule under specific conditions for some 
entities.

H. Paperwork Reduction Act

    An Information Collection Request (ICR) document was prepared for 
the landfills NSPS and was submitted to and approved by OMB. A copy of 
this ICR (OMB control number 1557.03) may be obtained from Sandy 
Farmer, by mail at U.S. EPA, Office of Environmental Information, 
Collection Strategies Division (2822), 1200 Pennsylvania Avenue, NW, 
Washington, DC 20460; by calling (202) 260-2740; or by email at: 
[email protected]. You may also download a copy from the policy 
website at http://www.epa.gov/icr.
    Today's proposed amendments to the NSPS will have no impact on the 
information collection burden estimates made previously. Today's 
proposed amendments consist of new definitions and clarifications of 
requirements. Consequently, the ICR has not been revised.

I. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA) (Pub. L. 104-113; 15 U.S.C. 272 note), 
all Federal agencies are required to use voluntary consensus standards 
(VCS) in their regulatory and procurement activities unless to do so 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices) 
developed or adopted by one or more voluntary consensus bodies. The 
NTTAA directs EPA to provide Congress, through annual reports to OMB, 
with explanations when an agency does not use available and applicable 
VCS.
    Today's proposed amendments do not involve new technical standards; 
thus, the requirements of section 12(d) of the NTTAA do not apply.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Reporting and 
recordkeeping requirements.

    Dated: May 16, 2002.
Christine Todd Whitman,
Administrator.

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

PART 60-[AMENDED]

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

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

Subpart WWW-[AMENDED]

    2. Section 60.751 is amended by adding in alphabetical order the 
definitions of MSW landfill owner/operator, treated landfill gas, 
treatment system and untreated landfill gas, to read as follows:


 60.751  Definitions.

* * * * *
    Municipal solid waste landfill owner/operator means any entity that 
owns or operates a municipal solid waste landfill or any stationary 
equipment located on the same property as a municipal solid waste 
landfill facility that is used to collect, control or treat landfill 
gas.
* * * * *
    Treated landfill gas means landfill gas processed in a treatment 
system according to this subpart.
    Treatment system means a system that filters, de-waters and 
compresses landfill gas.
    Untreated landfill gas means any landfill gas that is not treated 
landfill gas.
* * * * *
    3. Section 60.752 is amended by revising paragraphs (b)(2)(iii)(B) 
and (C), and by adding paragraphs (b)(2)(iii)(D), (D)(1) through (4) to 
read as follows:


 60.752  Standards for air emissions from municipal solid 
waste landfills.

* * * * *
    (b) * * *
    (2) * * *
    (iii) * * *
    (B) A control system designed and operated to reduce NMOC by 98 
weight percent, or, when an enclosed combustion device is used for 
control, to either reduce NMOC by 98 weight percent or to reduce the 
outlet NMOC concentration to less than 20 parts per million by volume 
(ppmv), dry basis as hexane at 3 percent oxygen. The reduction 
efficiency or ppmv shall be established by an initial performance test 
to be completed no later than 180 days after the initial startup of the 
approved control system using the test

[[Page 36481]]

methods specified in  60.754(d). The performance test is not 
required for boilers and process heaters with design heat input 
capacities equal to or greater than 44 megawatts that burn landfill gas 
for compliance with this subpart.
    (1) * * *
    (2) * * *
    (C) Route the collected gas to a treatment system that processes 
the collected gas for subsequent sale or use as a fuel for combustion. 
Landfill gas sold or used as a fuel for combustion shall be treated in 
a treatment system as defined in  60.751. All emissions from 
any atmospheric vent from the gas treatment system shall be subject to 
the requirements of paragraph (b)(2)(iii)(A) or (B) of this section. 
For purposes of this rule, atmospheric vents located on the condensate 
storage tank are not part of the treatment system and are exempt from 
the requirements of paragraph (b)(2)(iii)(A) or (B) of this section. 
The owner/operator of the landfill gas treatment system must ensure 
compliance with these requirements. The owner/operator of a combustion 
device who uses or purchases treated landfill gas for fuel in a 
combustion device shall be exempt from further compliance with this 
subpart. Since the treatment option is only valid when treated landfill 
gas is sold or used as a fuel in a combustion device, the gas must be 
used as a fuel, and venting of treated landfill gas to the ambient air 
is not allowed under this option.
    (D) The landfill owner/operator who routes untreated landfill gas 
for sale or use shall be exempt from the requirements of paragraphs 
(b)(2)(iii)(A) and (B) of this section if the conditions in paragraphs 
(b)(2)(iii)(D)(1) through (4) of this section are met:
    (1) The landfill owner/operator transferring or selling untreated 
landfill gas to an off-site operation owned or operated by a third 
party for treatment or for combustion as a fuel must include a notice 
with the transfer or sale of the untreated landfill gas. The notice 
must state that the untreated landfill gas is to be treated or 
combusted in accordance with the provisions of this subpart. When the 
transfer or sale is continuous or ongoing, the notice must be submitted 
to the third party operator initially and whenever there is a change in 
the required treatment or combustion standards. These notices must be 
retained by the landfill owner/operator as specified in  
60.758(g).
    (2) The landfill owner/operator may not transfer or sell the 
untreated landfill gas unless the transferee has submitted to EPA a 
written certification that the transferee will manage and treat or 
combust the untreated landfill gas received from the affected facility 
subject to the requirements of this subpart in accordance with the 
requirements in  60.752 through 60.758. The 
certifying entity may revoke the written certification by sending a 
written statement to EPA and the landfill owner/operator giving at 
least 90 days notice that the certifying entity is rescinding 
acceptance of responsibility for compliance with the regulatory 
provisions listed in this paragraph (b)(2)(iii)(D)(2). Upon expiration 
of the notice period, the landfill owner/operator may not transfer or 
sell the untreated landfill gas to the third party operation.
    (3) The third party/certifying entity must provide written 
certification to EPA that it accepts responsibility for compliance with 
the regulatory provisions listed in paragraph (b)(2)(iii)(D)(2) of this 
section with respect to any transfer or sale of untreated landfill gas 
covered by the written certification. Failure to abide by any of the 
provisions with respect to such transfers or sales may result in 
enforcement action by EPA against the certifying entity in accordance 
with the enforcement provisions applicable to violations of the 
provisions by owners or operators of affected facilities.
    (4) Written certification and revocation statements to EPA from the 
transferees of untreated landfill gas must be signed by a responsible 
official of the certifying entity, provide the name and address of the 
certifying entity, and be sent to the appropriate EPA Regional Office. 
Such written certifications are not transferable by the third party.
* * * * *
    4. Section 60.758 is amended by adding paragraph (g) to read as 
follows:


 60.758  Recordkeeping requirements.

* * * * *
    (g) The landfill owner or operator transferring or selling 
untreated landfill gas in accordance with  
60.752(b)(2)(iii)(D)(1) shall keep a record of the notice sent to the 
third party operator stating that the untreated landfill gas is 
required to be managed and treated or combusted in accordance with the 
provisions of this subpart. This record shall be maintained for as long 
as the third party continues to accept landfill gas as specified in the 
third party's certification. Upon termination of the certification by 
the third party, this record must be maintained for 5 years.
* * * * *
[FR Doc. 02-12844 Filed 5-22-02; 8:45 am]
BILLING CODE 6560-50-P