[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Rules and Regulations]
[Pages 53-55]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33100]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[DC051-7001a; PA186-7001a; FRL-7434-9]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; the District of Columbia, and the 
City of Philadelphia, Pennsylvania; Control of Emissions From Existing 
Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the section 
111(d) negative declarations submitted by the District of Columbia, and 
the City of Philadelphia, Pennsylvania. Each negative declaration 
certifies that municipal solid waste (MSW) landfills, subject to the 
requirements of section 111(d) of the Clean Air Act (CAA), do not exist 
within its air pollution control agency's jurisdiction.

DATES: This final rule is effective March 3, 2003 unless within 
February 3, 2003 adverse or critical comments are received. If adverse 
comments are 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.

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ADDRESSES: Written comments should be mailed to Walter Wilkie, Deputy 
Chief, Air Quality Planning and Information Services Branch, Mailcode 
3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the documents 
relevant to this action are available for public inspection during 
normal business hours at the Air Protection Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 814-2190, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION

I. Background

    Section 111(d) of the CAA requires states to submit plans to 
control certain pollutants (designated pollutants) at existing 
facilities (designated facilities) whenever standards of performance 
have been established under section 111(b) for new sources of the same 
type, and EPA has established emission guidelines (EG) for such 
existing sources. A designated pollutant is any pollutant for which no 
air quality criteria have been issued, and which is not included on a 
list published under section 108(a) or section 112(b)(1)(A) of the CAA, 
but emissions of which are subject to a standard of performance for new 
stationary sources.
    On March 12, 1996 (61 FR 9905), EPA promulgated MSW landfill new 
source performance standards and emission guidelines (EG). Later, EPA 
promulgated landfill rule amendments on June 16, 1998 (63 FR 32743), 
February 24, 1999 (64 FR 9258), April 10, 2000 (65 FR 18906), and 
proposed amendments on May 23, 2002 (67 FR 36476). The EG are 
applicable to existing municipal solid waste (MSW) landfills (i.e., the 
designated facilities) that emit landfill gas (LFG), which consists 
primarily of carbon dioxide, methane, and nonmethane organic compounds 
(NMOC). MSW landfills are the largest manmade source of methane 
emissions in the United States. The designated pollutant, NMOC, is a 
mixture of more than 100 different compounds, including volatile 
organic compounds (VOC), and hazardous pollutants (HAPs), such as vinyl 
chloride, toluene, and benzene. A collateral benefit in the control of 
NMOC is the control of methane.
    The designated facility to which the EG apply is each existing MSW 
landfill for which construction, reconstruction or modification was 
commenced before May 30, 1991, and has accepted municipal solid waste 
at any time since November 8, 1987, or has additional design capacity 
available for future waste deposition. Landfill emission controls are 
not required, unless the designated facility has a capacity greater 
than or equal to 2.5 million megagrams (Mg) and 2.5 million cubic 
meters, and a calculated NMOC emissions rate of 50 Mg/Yr, or greater.
    Subpart B of 40 CFR part 60 establishes procedures to be followed 
and requirements to be met in the development and submission of state 
plans to EPA for controlling designated pollutants. Also, 40 CFR part 
62 provides the procedural framework for the submission of these plans. 
When designated facilities are located in a state, the state must 
develop and submit a plan for the control of the designated pollutant. 
However, 40 CFR 60.23(b) and 62.06 provide that if there are no 
existing sources of the designated pollutant in the state, the state 
may then submit a letter of certification to that effect (i.e., 
negative declaration) in lieu of a plan. The negative declaration 
exempts the state from the requirements of subpart B that require the 
submittal of a 111(d) plan.

II. Final EPA Action

    The District of Columbia, and the City of Philadelphia, 
Pennsylvania have determined that there are no existing designated 
facilities (MSW landfills), in their respective air pollution control 
jurisdiction. Each agency has submitted to EPA a negative declaration 
letter certifying this fact. The letters are dated September 11, 1997, 
and February 27, 1996, respectively.
    Therefore, EPA is amending 40 CFR part 62 to reflect the receipt of 
these negative declaration letters from both air pollution control 
agencies. Amendments are being made to 40 CFR part 62, subparts J 
(District of Columbia), and NN (Pennsylvania). With respect to subpart 
NN, this action is only applicable to the City of Philadelphia air 
pollution control agency's jurisdiction. Allegheny County, Pennsylvania 
is covered by its own EPA approved plan (64 FR 13075), while the 
remainder of the state is covered by a Federal plan (64 FR 60689) until 
such time as EPA approves the submitted state plan from the 
Pennsylvania Department of Environmental Protection.
    After publication of this Federal Register document, if a 
designated facility is found within either one of the two noted 
jurisdictions, then the overlooked landfill is subject to the 
requirements of the Federal landfill 111(d) plan, including the 
compliance schedule, which was promulgated on November 8, 1999 (64 FR 
60689). The Federal plan would no longer apply if EPA subsequently 
receives and approves a 111(d) plan from the jurisdiction with the 
overlooked designated landfill.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. This action simply reflects already existing Federal 
requirement for state air pollution control agencies under 40 CFR parts 
60 and 62. In the proposed rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to approve each negative declaration should relevant 
adverse or critical comments be filed.
    This rule will be effective March 3, 2003 without further notice 
unless the Agency receives relevant adverse comments by February 3, 
2002. If EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
did not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

III. Administrative Requirements

A. General 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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 pre-existing requirements under state law and does 
not impose

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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). This rule also does not have tribal 
implications because it will not have a substantial direct effect on 
one or more Indian tribes, 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 by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
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). 
This action 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. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing 111(d)/129 plan submissions, EPA's role is to approve 
state choices, provided that they meet the criteria of the Clean Air 
Act. In this context, in the absence of a prior existing requirement 
for the State to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a 111(d)/129 plan submission for failure to use 
VCS. It would thus be inconsistent with applicable law for EPA, when it 
reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/
129 plan submission that otherwise satisfies the provisions of the 
Clean Air Act. 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. 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.).

B. 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. 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 March 3, 2003. 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 approving the District of Columbia and City 
of Philadelphia, Pennsylvania negative declarations for municipal solid 
waste landfills 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, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Paper and paper products industry, 
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, 
Sulfuric acid plants, Waste treatment and disposal.

    Dated: December 20, 2002.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.

    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 J--District of Columbia

    2. Subpart J is amended by adding an undesignated center heading 
and Sec.  62.2140 to read as follows:

Landfill Gas Emissions From Existing Municipal Solid Waste Landfills


Sec.  62.2140  Identification of plan--negative declaration.

    Letter from the Department of Consumer and Regulatory Affairs 
submitted September 11, 1997, certifying that there are no existing 
municipal solid waste landfills in the District of Columbia that are 
subject to 40 CFR part 60, subpart Cc.

Subpart NN--Pennsylvania

    3. Section 62.9633 is added to Subpart NN, ``Landfill Gas Emissions 
From Existing Municipal Solid Waste Landfills'' to read as follows:


Sec.  62.9633  Identification of plan--negative declaration.

    Letter from the City of Philadelphia, Department of Public Health, 
submitted February 27, 1996, certifying that there are no existing 
municipal solid waste landfills in the City of Philadelphia that are 
subject to 40 CFR part 60, subpart Cc.

[FR Doc. 02-33100 Filed 12-31-02; 8:45 am]
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