[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Rules and Regulations]
[Pages 46598-46600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17876]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[Region 2 Docket No. PR10-244, FRL-7246-7]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Commonwealth of Puerto Rico: Control of 
Emissions From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
section 111(d) plan submitted by the Commonwealth of Puerto Rico, for 
the purpose of implementing and enforcing the emission guidelines for 
existing municipal solid waste landfills. The plan was submitted to 
fulfill the requirements of the Clean Air Act (the Act). The intended 
effect of this action is to approve a plan required by the Act which 
establishes emission limits for existing municipal solid waste 
landfills, and provides for the implementation and enforcement of those 
limits.

EFFECTIVE DATE: This rule will be effective August 15, 2002.

ADDRESSES: Copies of the Commonwealth submittal are available at the 
following addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866
Environmental Protection Agency, Caribbean Environmental Protection 
Division, 1492 Ponce De Leon Avenue, Centro Europa Building, Suite 417, 
Stop 22, Santurce, Puerto Rico 00907-4127
Puerto Rico Environmental Quality Board, National Plaza Building, 431 
Ponce De Leon Avenue, Hato Rey, Puerto Rico
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Air Docket, 401 M Street, SW, Washington, DC 20460

FOR FURTHER INFORMATION CONTACT: Demian P. Ellis, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3713.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA taking today?
II. What are the details of EPA's action?
III. What comments were received on the proposed approval and how 
has EPA responded to them?
IV. Conclusion
V. Administrative Requirements

I. What Action Is EPA Taking Today?

    EPA is approving the Puerto Rico plan, and the elements therein, as 
submitted on February 20, 2001, for the control of air emissions from 
Municipal Solid Waste (MSW) landfills. When EPA developed the New 
Source Performance Standards (NSPS) (subpart WWW) for MSW landfills on 
March 12, 1996, it concurrently promulgated Emission Guidelines 
(subpart Cc) to control air emissions from existing MSW landfills. The 
EPA amended these rules on June 16, 1998 and February 24, 1999.
    The Puerto Rico Environmental Quality Board (EQB) developed a plan, 
as required by section 111(d) of the Clean Air Act, 42 U.S.C. 7411(d), 
to adopt the Emission Guidelines into its body of regulations, and EPA 
is acting today to approve that plan.

II. What Are the Details of EPA's Specific Action?

    On February 20, 2001, Puerto Rico submitted a plan for implementing 
and enforcing EPA's emission guidelines for existing MSW landfills. The 
plan contained several elements including: (1) A demonstration of 
Puerto Rico's legal authority to implement the section 111(d) MSW 
landfill plan; (2) identification of a mechanism to enforce the 
emission guidelines; (3) a list of known MSW landfills including their 
nonmethane organic compound emissions rate estimates; (4) a regulation 
requiring the installation of emission collection and control equipment 
which is no less stringent than the requirements in subpart Cc; (5) a 
description of the process Puerto Rico will use to review and approve 
site-specific gas collection and control design plans; (6) compliance 
schedules for each source that require final compliance no later than 
the dates required in EPA's November 8, 1999 Federal 111(d) plan (64 FR 
60703), to which Puerto Rico is currently subject; (7) requirements for 
sources to test, monitor, keep records, and report to Puerto Rico; (8) 
records of the public hearings on the Commonwealth's Plan; and (9) a 
provision for the Commonwealth's submittal to EPA of annual reports on 
Puerto Rico's progress in the enforcement of its plan.

III. What Comments Were Received on the Proposed Approval and How Has 
EPA Responded to Them?

    There were no comments received on EPA's proposed rulemaking (67 FR

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17321, April 10, 2002) regarding the Puerto Rico plan. The 30-day 
public comment period on EPA's proposed approval ended on May 10, 2002.

IV. Conclusion

    For reasons described in this action and in EPA's proposal, EPA is 
approving Puerto Rico's section 111(d) MSW landfill plan. For further 
details, the reader is referred to the proposal and the Technical 
Support Document.

V. Administrative Requirements

Executive Order 12866

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

Paperwork Reduction Act

    This action will not impose any collection information subject to 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
other than those previously approved and assigned OMB control number 
2060-0220. For additional information concerning these requirements, 
see 40 CFR 60.35c. An agency may not conduct or sponsor, and a person 
is not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.

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.

Executive Order 13132

    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.''
    Under section 6(b) of 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. Under section 6(c) of Executive 
Order 13132, EPA 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.
    EPA has concluded that this rule does not have federalism 
implications. Thus, the requirements of sections 6(b) and 6(c) of the 
Executive Order do no apply to this rule.

Executive Order 13175

    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 Indian tribes.''
    This rule does not have tribal implications. It 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. 
Thus, Executive Order 13175 does not apply to this rule.

Regulatory Flexibility

    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 such businesses have already been 
subject to the federal plan, which mirrors this rule. Therefore, 
because the Federal 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.

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

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

[[Page 46600]]

action does not require the public to perform activities conducive to 
the use of VCS.

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. section 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 the 
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. 
section 804(2).

Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 16, 2002. 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, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: July 3, 2002.
Jane M. Kenny,
Regional Administrator, Region 2.

    Part 62, 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 BBB--Puerto Rico

    2. Part 62 is amended by adding new Sec. 62.13107 and an 
undesignated heading to subpart BBB to read as follows:
    Landfill Gas Emissions From Existing Municipal Solid Waste 
Landfills (section 111(d) Plan)


Sec. 62.13107  Identification of Plan.

    (a) The Puerto Rico Environmental Quality Board submitted to the 
Environmental Protection Agency a ``State Plan for implementation and 
enforcement of 40 CFR part 60, subpart Cc, Emission Guidelines and 
Compliance Times for Municipal Solid Waste Landfills on February 20, 
2001.''
    (b) Identification of sources: The plan applies to all applicable 
existing municipal solid waste landfills for which construction, 
reconstruction, or modification commenced before May 30, 1991; and for 
which waste has been accepted at any time since November 8, 1987 or 
that have added capacity for future waste deposition.

[FR Doc. 02-17876 Filed 7-15-02; 8:45 am]
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