45730 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

Administrative Office of the Postal Rate

Commission. * * *

Dated: August 26, 1997.

Margaret P. Crenshaw,

Secretary.

[FR Doc. 97–23066 Filed 8–28–97; 8:45 am]

BILLING CODE 7710–FW–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[LA–39–1–7332a; FRL–5876–3]

Approval and Promulgation of State

Air Quality Plans for Designated

Facilities and Pollutants, Louisiana;

Control of Landfill Gas Emissions

From Existing Municipal Solid Waste

Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This document approves the

Louisiana State Plan for controlling

landfill gas emissions from existing

municipal solid waste (MSW) landfills.

The plan was submitted to fulfill the

requirements of the Clean Air Act (the

Act). The State Plan establishes

emission limits for existing MSW

landfills, and provides for the

implementation and enforcement of

those limits.

DATES: This action is effective on

October 28, 1997, unless notice is

postmarked by September 29, 1997, that

someone wishes to submit adverse or

critical comments. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments should be

mailed to Thomas H. Diggs, Chief, Air

Planning Section (6PD–L), EPA Region

6, 1445 Ross Avenue, Dallas, Texas

75202–2733. Copies of the State Plan

and other information relevant to this

action are available for inspection

during normal hours at the following

locations:

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–

L), 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

Air and Radiation Docket and

Information Center, Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460.

Louisiana Department of Environmental

Quality, Air Quality Program, 7290

Bluebonnet Blvd., Baton Rouge,

Louisiana 70810.

Anyone wishing to review this State

Plan at the EPA office is asked to

contact the person below to schedule an

appointment 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Lt.

Mick Cote, Air Planning Section (6PD–

L), Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Dallas,

Texas 75202–2733, telephone (214)

665–7219.

SUPPLEMENTARY INFORMATION:

I. Background

The Act requires that States submit

plans to EPA to implement and enforce

the Emission Guidelines (EG)

promulgated for MSW landfills

pursuant to Section 111(d) of the Act.

Section 111(d) requires that the State

submit the State Plan not later than 9

months after EPA promulgates the EG.

On March 12, 1996, EPA promulgated

the EG as 40 CFR part 60, subpart Cc.

Thus, the State Plans were due no later

than December 12, 1996. The State of

Louisiana submitted its State Plan to

EPA on December 20, 1996.

Under section 111(d) of the Act, the

EPA established procedures whereby

States submit plans to control existing

sources of designated pollutants.

Designated pollutants are defined as

pollutants which are not included on a

list published under section 108(a) of

the Act (i.e., National Ambient Air

Quality Standard pollutants), but to

which a standard of performance for

new sources applies under section 111.

Under section 111(d), emission

standards are to be adopted by the

States and submitted to EPA for

approval. The standards limit the

emissions of designated pollutants from

existing facilities which, if new, would

be subject to the New Source

Performance Standards (NSPS). Such

facilities are called designated facilities.

The procedures under which States

submit these plans to control existing

sources are defined in 40 CFR part 60,

subpart B. According to subpart B, the

States are required to develop plans

within Federal guidelines for the control

of designated pollutants. The EPA

publishes guideline documents for

development of State emission

standards along with the promulgation

of any NSPS for a designated pollutant.

These guidelines apply to designated

pollutants and include information such

as a discussion of the pollutant’s effects,

description of control techniques and

their effectiveness, costs and potential

impacts. Also as guidance for the States,

recommended emission limits and times

for compliance are set forth, and control

equipment which will achieve these

emission limits are identified. The

emission guidelines for landfill gas are

promulgated in 40 CFR part 60. The

final section 111(d) emission standards

and guidelines for landfill gas were

promulgated on March 12, 1995 (61 FR

9905), and codified in the CFR at 40

CFR subparts WWW and Cc,

respectively. The emission guideline’s

specified limits for landfill gas requires

affected facilities to operate a control

system designed to reduce collected

non-methane organic compounds

(NMOC) concentrations by 98 weightpercent, or reduce the outlet NMOC

concentration to 20 parts per million or

less, using the test methods specified

under § 60.754(d).

II. Analysis of State Submittal

The official procedures for adoption

and submittal of State Plans are codified

in 40 CFR part 60, subpart B. The EPA

promulgated the original provisions on

November 17, 1975, and then amended

them on December 19, 1995, to

incorporate changes specific to solid

waste incineration. These changes,

which were necessary to conform with

the solid waste incineration

requirements under section 129 of the

Act, are not relevant to MSW landfills.

Thus, the procedures described in the

original provisions for adopting and

submitting State Plans still apply to

MSW landfills and are reflected in 40

CFR part 60, subpart B, §§ 60.23 through

60.26. Subpart B addresses public

participation, legal authority, emission

standards and other emission

limitations, compliance schedules,

emission inventories, source

surveillance, compliance assurance, and

enforcement requirements, and crossreferences to the MSW landfill EG.

The Louisiana State Plan includes

documentation that all applicable

subpart B requirements have been met.

Please see the evaluation report for a

detailed description of EPA’s analysis of

the Plan’s compliance with the subpart

B requirements.

The Louisiana Department of

Environmental Quality (LDEQ) crossreferenced both the NSPS and EG to

adopt the requirements of the Federal

rule. The State has ensured, through this

cross-reference process, that all the

applicable requirements of the Federal

rule have been adopted into the State

Plan. The emission limits, reporting and

recordkeeping requirements, and other

aspects of the Federal rule have been

adopted into LAC 33.III.3003B, Table 2,

as part of the AQ 145 State

Implementation Plan revision.

Subpart Cc requires affected existing

landfills to be capable of attaining the

specified level of emissions within 30

months after the State Plan is federally

approved. For compliance schedules for

MSW landfills extending more than 12
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 45731

months beyond the date required for

submittal of the plan (December 12,

1996), the compliance schedule must

include legally enforceable increments

of progress towards compliance for that

MSW landfill. Each increment of

progress in § 60.21(h) of subpart B must

have a compliance date and must be

included as an enforceable date in the

State Plan. As an alternative, the State

must negotiate specific dates for the

increments of progress on a facility by

facility basis, and submit them to the

public participation process. A revision

to Louisiana’s State Plan must be

submitted to EPA once the dates for the

increments of progress are established.

The State Plan may include such

additional increments of progress as

may be necessary to permit close and

effective supervision of progress

towards final compliance.

Louisiana must submit an updated

source inventory once the affected

facilities have reported their design

capacities and NMOC emissions as

required under 40 CFR part 60, subpart

Cc (60.35c). In addition, Title V permit

applications for the affected facilities

are due within one year from the due

date of the design capacity reports.

III. Final Action

In this final action EPA is

promulgating a revision to the Louisiana

State Plan and the Code of Federal

Regulations, part 62, to adopt the

Louisiana State Plan for the control of

landfill gas from MSW landfills. On

December 20, 1996, the State of

Louisiana submitted to EPA a plan

identifying the existing MSW landfills

in the State and establishing standards

for the control of landfill gas emissions

from these facilities. On January 7, 1997,

the LDEQ transmitted the adopted rule

associated with the earlier plan

submission. The plan entitled:

‘‘Municipal Solid Waste Landfill

Section 111(d) Plan’’ and LAC

33.III.3003B, Table 2, the cross-reference

to 40 CFR part 60, subparts Cc and

WWW, are the regulatory elements of

the Louisiana 111(d) Plan.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any State Plan.

Each request for revision to the State

Plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

IV. Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget

has exempted this regulatory action

from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. See 5 U.S.C.

603 and 604. Alternatively, EPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

State Plan approvals under section

111 of the Act do not create any new

requirements but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal State Plan approval does not

impose any new requirements, I certify

that it does not have a significant impact

on any small entities affected. Moreover,

due to the nature of the Federal-State

relationship under the Act, preparation

of a flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The Act

forbids EPA to base its actions

concerning State Plans on such grounds.

See Union Electric Co. v. U.S. EPA, 427

U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, 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 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.

The 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 preexisting requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. section 801(a)(1)(A) as

added by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. section 804(2).

E. 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 October 28, 1997. 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) of the Act.

List of Subjects in 40 CFR Part 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Methane, Municipal solid

waste landfills, Nonmethane organic

compounds, Reporting and

recordkeeping requirements.

Dated: August 11, 1997.

Jerry Clifford,

Acting Regional Administrator.

40 CFR Part 62, Subpart T, is

amended as follows:

PART 62—[AMENDED]

Subpart T—Louisiana

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

2. Section 62.4620 is amended by

adding paragraph (b)(4) to read as

follows:

§ 62.4620 Identification of Plan.

* * * * *

(b) * * *
45732 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

(4) Control of landfill gas emissions

from existing municipal solid waste

landfills, submitted on December 9,

1996, and the associated rule adopted

by the State on December 20, 1996 (LAC

33.III.3003B, Table 2).

* * * * *

3. A new center heading consisting of

§§ 62.4631 and 62.4632 is added to read

as follows:

§ 62.4931 Identification of sources.

The plan applies to all existing

municipal solid waste landfills with

design capacities greater than 2.5

million megagrams and non-methane

organic emissions greater than 50

megagrams per year as described in 40

CFR part 60, subpart Cc.

§ 62.4932 Effective date.

The effective date of the portion of the

plan applicable to existing municipal

solid waste landfills is October 28, 1997.

[FR Doc. 97–21814 Filed 8–28–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[FRL–5884–6]

Extension of Operating Permits

Program Interim Approvals

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is promulgating

revisions to Appendix A of the

operating permits regulations codified

in part 70 of chapter I of title 40 of the

Code of Federal Regulations. Those

regulations were originally promulgated

on July 21, 1992. These revisions to

Appendix A extend up to October 1,

1998 all operating permits program

interim approvals that expire before that

date. This action will allow the program

revisions necessary to correct interim

approval deficiencies to be combined

with program revisions necessary to

implement the revisions to part 70 that

are anticipated to promulgated midsummer of 1998.

DATES: The regulatory amendments

announced herein take effect on

September 29, 1997. For those programs

whose interim approval dates are

amended by today’s action, interim

approval will expire on October 1, 1998.

ADDRESSES: Supporting material used in

developing the proposal and final

regulatory revisions is contained in

Docket Number A–93–50. This docket is

available for public inspection and

copying between 8:30 a.m. and 3:30

p.m., Monday through Friday, at the

address listed below. A reasonable fee

may be charged for copying. The

address of the EPA air docket is: EPA

Air Docket, Mail Code 2311, Attention:

Docket Number A–93–50, Room M–

1500, Waterside Mall, 401 M Street SW,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Roger Powell (telephone 919–541–

5331), Mail Drop 12, United States

Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Information Transfer and

Program Integration Division, Research

Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

I. Background

On August 29, 1994 (59 FR 44460)

and August 31, 1995 (60 FR 45530), EPA

proposed revisions to the part 70

operating permits regulations. Primarily,

the notices proposed changes to the

system for revising permits. A number

of other less detailed proposed changes

were included in the notices.

Altogether, State and local permitting

authorities will have a complicated

package of program revisions to prepare

in response to these changes once

promulgated. The part 70 revisions are

anticipated to take place in mid-summer

of 1998.

Contemporaneous with permitting

authorities revising their programs to

meet the revised part 70, many

programs have been granted interim

approval which will require permitting

authorities to prepare program revisions

to correct those deficiencies identified

in the interim approval notice. The

preamble to the August 31, 1995

proposal noted the concern of many

permitting authorities over having to

revise their programs twice; once to

correct interim approval deficiencies,

and again to address the revisions to

part 70. In the August 1995 preamble,

the Agency proposed that States with

interim approval ‘‘* * * should be

allowed to delay the submittal of any

program revisions to address program

deficiencies previously listed in their

notice of interim approval until the

deadline to submit other changes

required by the proposed revisions to

part 70’’ (60 FR 45552). Comment was

solicited on this action and on a legal

rationale. The Agency also proposed

‘‘* * * to exercise its discretion under

proposed section 70.4(i)(1)(iv) to

provide States 2 years to submit

program revisions in response to the

proposed part 70 revisions * * *’’ (60

FR 45551).

In combination, these actions could

extend all interim approvals such that

permitting authorities would not have to

submit program revisions addressing

interim approval deficiencies until up to

2 years after part 70 is revised. Six

comments were received on this subject

during the public comment period on

the August 1995 proposal. Five of these

commenters supported either the

extension or efforts to minimize the

burden on permitting authorities, but

none provided a reasonable legal

rationale. One of the commenters

indicated the action is not consistent

with title V.

II. Discussion

On October 31, 1996 (61 FR 56368),

EPA amended section 70.4(d)(2) to

allow the Administrator to grant the

proposed additional extension to

interim approvals. The Agency does not

believe, however, that the August 31,

1995 blanket proposal to extend all

interim approval program revision

submittal dates until up to 2 years after

part 70 is revised is appropriate.

Program deficiencies that caused

granting of interim approval of

permitting programs vary from a few

problems that can be easily corrected to

complex problems that will require

regulatory changes and, in some cases,

legislative action. Where an undue

burden will be encountered by

developing two program revisions,

combining program revisions and thus

granting a longer time period for

submission of the program revision to

correct interim approval deficiencies is

warranted. Where no such burden will

occur, the Agency encourages

permitting authorities to proceed with

correcting their interim approval

program deficiencies and not wait for

the revised part 70.

To encourage permitting authorities to

proceed with program revisions within

their interim approval timeframes,

rather than wait for the revised part 70,

all interim approvals granted prior to

the date of issuance of a memorandum

announcing EPA’s position on this issue

(memorandum from Lydia N. Wegman

to Regional Division Directors,

‘‘Extension of Interim Approvals of

Operating Permits Programs,’’ June 13,

1996) were extended in the October

1996 notice by 10 months. The June

1996 memorandum is in the docket for

this action.

The reason for this automatic

extension was that permitting

authorities, upon reading the August

1995 proposed action, may have

delayed their efforts to develop program

revisions to address interim approval

deficiencies because they believed the