[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Rules and Regulations]
[Pages 54589-54591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27849]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[NM-33-1-7331a; LA-39-1-7332; FRL-5910-9]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants, New Mexico; Control of Landfill 
Gas Emissions From Existing Municipal Solid Waste Landfills; Correction 
for Same, Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This document approves the New Mexico 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, except those located in Indian Country. 
Finally, this action makes a correction to a typographical error found 
in the direct final rulemaking for Louisiana's landfill gas control 
State Plan.

DATES: This action is effective on December 22, 1997, unless notice is 
postmarked by November 20, 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, S.W., Washington, D.C. 20460.
New Mexico Environment Department, Air Quality Program, 1190 St. 
Francis Drive, Harold Runnels Bldg., Santa Fe, NM 87501.

    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 at 40 CFR 
part 60, subpart Cc. Thus, the State Plans were due no later than 
December 12, 1996. The State of New Mexico submitted its State Plan to 
EPA on January 7, 1997.
    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 weight-percent, or reduce 
the outlet NMOC concentration to 20 parts per million or less, using 
the test methods specified under section 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, 
sections 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 cross-
references to the MSW landfill EG.
    The New Mexico 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 New Mexico Environment Department (NMED) incorporates the NSPS 
and cross-references the NSPS for existing facilities 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 20 NMAC 2.64, Municipal Solid 
Waste Landfills.
    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 months beyond the date required for 
submittal of the plan (December 12, 1996), the compliance schedule must 
include legally enforceable increments

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of progress towards compliance for that MSW landfill. Each increment of 
progress in section 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 New Mexico's State Plan 
must be submitted to EPA once the dates for the increments of progress 
are established for each affected facility. 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. 
The State did not submit evidence of authority to regulate sources in 
Indian Country. Therefore, EPA is not approving this State Plan as it 
relates to those sources.
    NMED 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. Correction of Typographical Error

    On August 29, 1997 (62 FR 45730), EPA published the direct final 
approval of Louisiana's section 111(d) State Plan for the control of 
landfill gases. Two typographical errors and the omission of a center 
heading occurred. Sections 62.4631 and 62.4632 were incorrectly 
numbered 62.4931 and 62.4932, and the center heading ``LANDFILL GAS 
EMISSIONS FROM EXISTING MUNICIPAL SOLID WASTE LANDFILLS'' was omitted. 
Subpart T of 40 CFR part 62 is corrected in the rulemaking portion of 
this document to reflect these changes.

IV. Final Action

    In this final action EPA is promulgating a revision to the New 
Mexico State Plan and the Code of Federal Regulations, part 62, to 
adopt the New Mexico State Plan for the control of landfill gas from 
MSW landfills, except those located in Indian Country. On January 7, 
1997, the State of New Mexico 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. The State Plan 
includes regulation 20 NMAC 2.64, Municipal Solid Waste Landfills, 
documentation of the public participation process, a source inventory, 
and other required elements.
    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.

V. 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-for-profit 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. 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. 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 December 22, 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, Non-methane organic compounds, Reporting and 
recordkeeping requirements.

    Dated: October 7, 1997.
Jerry Clifford,
Acting Regional Administrator.
    40 CFR Part 62 is amended as follows:

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PART 62--[AMENDED]

Subpart GG--New Mexico

    1. The authority citation for Part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7642.

    2. A new center heading consisting of Secs. 62.7855 and 62.7856 is 
added to read as follows:
* * * * *

  LANDFILL GAS EMISSIONS FROM EXISTING MUNICIPAL SOLID WASTE LANDFILLS  
                                                                        
                                                                        

62.7855  Identification of Plan.

    Control of landfill gas emissions from existing municipal solid 
waste landfills, submitted on January 7, 1997.


62.7856  Identification of Sources.

    The plan applies to all existing municipal solid waste landfills 
with design capacities greater than or equal to 2.5 million megagrams 
and non-methane organic emissions greater than or equal to 50 megagrams 
per year as described in 40 CFR part 60, subpart Cc.
    Subpart T is amended (corrected) to read as follows:

PART 62--[AMENDED]

Subpart T--Louisiana

    A new center heading, consisting of Sections 62.4631 and 62.4632 is 
added to read as follows:

  LANDFILL GAS EMISSIONS FROM EXISTING MUNICIPAL SOLID WASTE LANDFILLS  
                                                                        
                                                                        

62.4631  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.


62.4632  Effective Date.

    The effective date of the portion of the plan applicable to 
existing municipal solid waste landfills is October 28, 1997.

[FR Doc. 97-27849 Filed 10-20-97; 8:45 am]
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