Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations 65613

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the 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 Clean

Air Act, petitionsfor judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by February 13,

1998. 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 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: November 13, 1997.

Harry Seraydarian,

Acting Regional Administrator, Region IX.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(239)(i)(E) to read

as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(E) Bay Area Air Quality Management

District.

(1) Rule 9–7 adopted on September

15, 1993, Rule 9–8 adopted on January

20, 1993, Rule 9–9 adopted on

September 21, 1994, and Rule 9–12

adopted on January 19, 1994.

* * * * *

[FR Doc. 97–32561 Filed 12-12-97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MT–001–0002a, MT–001–0003a; FRL–5934–

5]

Approval and Promulgation of Air

Quality Implementation Plans;

Montana; 1990 Base Year Emission

Inventories for Montana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the 1990

base year carbon monoxide (CO)

emission inventories for Missoula,

Billings, and Great Falls that were

submitted by the State to satisfy certain

requirements of the Clean Air Act

(CAA), as amended in 1990.

DATES: This final rule is effective

February 13, 1998 unless adverse or

critical comments are received by

January 14, 1998. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments should

be addressed to: Richard R. Long,

Director, Air Program (8P2–A), United

States Environmental Protection

Agency, Region 8, 999 18th Street, suite

500, Denver, Colorado 80202–2466.

Copies of the documents relevant to

this action are available for public

inspection between 8 a.m. and 4 p.m.,

Monday through Friday at the following

office: United States Environmental

Protection Agency, Region 8, Air

Program, 999 18th Street, suite 500,

Denver, Colorado 80202–2466.

FOR FURTHER INFORMATION CONTACT: Tim

Russ, Air Program (8P2–A), United

States Environmental Protection

Agency, Region 8, 999 18th Street, suite

500, Denver, Colorado 80202–2466, ph.

(303) 312–6479.

SUPPLEMENTARY INFORMATION:

I. Background to the Action

As required by the CAA, States have

the responsibility to inventory

emissions contributing to NAAQS

nonattainment, to track these emissions

over time, and to ensure that control

strategies are being implemented that

reduce emissions and move areas

towards attainment.

Those States containing moderate and

serious carbon monoxide nonattainment

areas were required under Section

187(a)(1) of the CAA to submit by

November 15, 1992, a comprehensive,

accurate, and current inventory of actual

CO season emissions from all sources

for each nonattainment area (see 57 FR

13530, April 16, 1992). This

requirement applies to Missoula. ‘‘Not

Classified’’ CO nonattainment areas, like

Billings and Great Falls, were required

to submit their inventories by November

15, 1993 (see 57 FR 13535, April 16,

1992). Stationary point sources,

stationary area sources, on-road mobile,

and non-road mobile sources of carbon

monoxide (CO) were to be included in

each inventory. This inventory, for

calendar year 1990, was denoted as the

base year inventory.

The 1990 base year inventory is the

primary inventory from which any

periodic and/or modeling inventory is

derived. Further information on these

inventories and their purpose can be

found in the document ‘‘Emission

Inventory Requirements for Carbon

Monoxide State Implementation Plans,’’

U.S. Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park,

North Carolina, dated March, 1991.

The 1990 base year inventory was to

address actual CO emissions for the area

during the peak CO season. The peak

CO season should reflect the months

when peak CO concentrations occur.

For areas where winter is the peak CO

season, as is the case for Missoula,

Billings, and Great Falls, the 1990 base

year inventory was to include the period

November 1989 through January 1990.

The air quality planning requirements

for base year inventories for CO

nonattainment areas are set out in

sections 172(c) and 187(a)(1) of Title I

of the CAA. EPA issued a General

Preamble describing EPA’s

interpretation as to how EPA intended

to review SIP revisions submitted under

Title I of the CAA which included

requirements for the preparation of the

1990 base year inventory (57 FR 13529,

April 16, 1992, and 57 FR 18070, April

28, 1992). Because EPA is describing its

interpretations in this action only in

broad terms, the reader should refer to

the General Preamble for a more

detailed discussion of the

interpretations of Title I advanced in

this action and its supporting rationale.

Available EPA guidance documents, for

preparing emission inventories, were

referenced in the General Preamble (57

FR 13498, April 16, 1992).
65614 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations

1See, Memorandum from John Calcagni, Director,

Air Quality Management Division, and William G.

Laxton, Director, Technical Support Division, to

Regional Air Division Directors, Region I–X,

‘‘Public Hearing Requirements for 1990 Base-Year

Emission Inventories for Ozone and Carbon

Monoxide Nonattainment Areas,’’ September 29,

1992.

2Memorandum from John S. Seitz, Director,

Office of Air Quality Planning and Standards, to

Regional Air Division Directors, Region I–X,

‘‘Emission Inventory Issues,’’ June 24, 1993.

II. Analysis of the State’s Submittal

Section 110(k) of the Act sets out

provisions governing EPA’s action on

plan submissions of the 1990 base year

CO emission inventory based on

whether or not the inventory satisfies

the requirements of Section 187(a)(1)

and Section 172(c) (see 57 FR 13565–

13566, April 16, 1992). Based on EPA’s

review, EPA is approving the Montana

CO 1990 base year emission inventories

as submitted to EPA on July 18, 1995,

(Missoula and Billings) and on April 23,

1997 (Great Falls).

The following describes the review

procedures associated with determining

the acceptability of a 1990 base year

emission inventory and discusses the

level of acceptance that can result from

the findings of the review process.

A. Procedural Background

The CAA requires States to observe

certain procedural requirements in

developing SIP revisions for submittal

to EPA. Section 110(a)(2) of the CAA

requires that each SIP revision

(including emission inventories) be

adopted after going through a reasonable

notice and public hearing process prior

to being submitted by a State to EPA.1

The State of Montana held a public

hearing for the Missoula and Billings

CO inventories on July 10, 1995, before

the Montana Department of

Environmental Quality (MDEQ). The

Governor submitted these two 1990 base

year inventories to EPA with a letter

dated July 18, 1995. The State held a

public hearing for the Great Falls CO

inventory on December 9, 1996, before

the MDEQ. This inventory was

submitted by the Governor with a letter

dated April 23, 1997.

B. Review of Montana’s 1990 Base Year

SIP CO Inventories

EPA’s Level I, II, and III review

process checklists are used to determine

if all components of a CO base year

inventory are present and approvable.

EPA’s detailed Level I and II review

procedures can be found in the

following document: ‘‘Quality Review

Guidelines for 1990 Base Year Emission

Inventories,’’ U.S. Environmental

Protection Agency, Office of Air Quality

Planning and Standards, Research

Triangle Park, NC, July 27, 1992. The

Level III final review procedures are

specified in a memorandum from J.

David Mobley, Chief, Emissions

Inventory Branch, to Air Branch Chiefs,

Regions I–X, ‘‘Final Emission Inventory

Level III Acceptance Criteria,’’ October

7, 1992 and revised in a memorandum

from John Seitz to the Regional Air

Directors, dated June 24, 1993.2 EPA’s

review also evaluates the level of

supporting documentation provided by

the State and assesses whether the

emission calculations were developed,

and data quality assured, according to

current EPA guidance.

The Level III review process is

outlined below and consists of nine

requirements that a CO base year

inventory must include. For a base year

CO emission inventory to be acceptable,

it must pass all of the following

acceptance criteria:

1. An approved Inventory Preparation

Plan (IPP) must be provided and the

Quality Assurance (QA) program

contained in the IPP must be performed

and its implementation documented.

Analysis: Montana’s IPP was

approved by EPA on October 23, 1991.

The IPP’s QA program requirements

were addressed in section 4.3 and

Appendix F of the Missoula inventory,

in section 4.3 and Appendix F of the

Billings inventory, and in section 4.3

and Appendix H of the Great Falls

inventory.

2. Adequate documentation must be

provided that enables the reviewer to

determine the emission estimation

procedures and the data sources used to

develop the inventory.

Analysis: This requirement was

addressed in sections 4.0 through 4.2.8.,

5.0, 6.0, and appendices A through E of

the Missoula inventory; sections 4.0

through 4.2.8., 5.0, 6.0, and appendices

A through E and G of the Billings

inventory; and sections 4.0 through

4.2.8., 5.0, 6.0, and appendices A

through G and I of the Great Falls

inventory.

3. The point source inventory must be

complete.

Analysis: This requirement was

addressed in sections 4.1.1., 4.2.7., 5.0,

6.0, and appendices A and B of the

Missoula inventory; sections 4.1.1.,

4.2.6., 5.0, 6.0, and appendices A and B

of the Billings inventory; and sections

4.1.1., 4.2.7., 5.0, 6.0, and appendices A

and B of the Great Falls inventory.

4. Point source emissions must be

calculated according to current EPA

guidance.

Analysis: This requirement was

addressed in sections 4.1.1., 4.2.7., 5.0,

6.0, and appendices A and B of the

Missoula inventory; sections 4.1.1.,

4.2.6., 5.0, 6.0, and appendices A and B

of the Billings inventory; and sections

4.1.1., 4.2.7., 5.0, 6.0, and appendices A

and B of the Great Falls inventory.

5. The area source inventory must be

complete.

Analysis: This requirement was

addressed in sections 4.1.2., 4.2.1.,

4.2.2., 4.2.8., 5.0, 6.0, and appendix D of

the Missoula inventory; sections 4.1.2.,

4.2.1., 4.2.2., 4.2.7., 4.2.8., 5.0, 6.0, and

appendix D of the Billings inventory;

and sections 4.1.2., 4.2.1., 4.2.2., 4.2.8.,

5.0, 6.0 and appendices D, E, and F of

the Great Falls inventory.

6. The area source emissions must be

prepared or calculated according to

current EPA guidance.

Analysis: This requirement was

addressed in sections 4.1.2., 4.2.1.,

4.2.2., 4.2.8., 5.0, 6.0, and appendix D of

the Missoula inventory; sections 4.1.2.,

4.2.1., 4.2.2., 4.2.7., 4.2.8., 5.0, 6.0, and

appendix D of the Billings inventory;

and sections 4.1.2., 4.2.1., 4.2.2., 4.2.8.,

5.0, 6.0 and appendices D, E, and F of

the Great Falls inventory.

7. The method (e.g., HPMS or a

network transportation planning model)

used to develop VMT estimates must

follow EPA guidance, as detailed in the

document, ‘‘Procedures for Emission

Inventory Preparation, Volume IV:

Mobile Sources’’, U.S. Environmental

Protection Agency, Office of Mobile

Sources and Office of Air Quality

Planning and Standards, Ann Arbor,

Michigan, and Research Triangle Park,

North Carolina, December 1992. The

VMT development methods must be

adequately described and documented

in the inventory report.

Analysis: This requirement was

addressed in sections 4.2.5., 5.0, 6.0,

and Appendix C in each of the three

inventories.

8. The MOBILE model must be

correctly used to produce emission

factors for each of the vehicle classes.

Analysis: This requirement was

addressed in sections 4.2.5., 5.0, 6.0,

and Appendix C in each of the three

inventories.

9. Non-road mobile emissions

estimates must be prepared according to

current EPA guidance for all of the

source categories.

Analysis: This requirement was

addressed in sections 4.2.3., 4.2.4.,

4.2.6., 5.0, and 6.0 of the Missoula

inventory; sections 4.2.3., 4.2.4., 4.2.8.,

5.0, 6.0, and Appendix G of the Billings

inventory; and sections 4.2.3., 4.2.4.,

4.2.6., 5.0, 6.0, and Appendix I of the

Great Falls inventory.

The 1990 base year CO emissions

from point sources, area sources, on-
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations 65615

road mobile sources, and non-road

mobile sources for Missoula, Billings,

and Great Falls are summarized in the

following table:

CARBON MONOXIDE SEASONAL EMISSIONS IN TONS PER DAY

Non-attainment area

Point

source

emissions

Area source

emissions

On-road

mobile

emissions

Non-road

mobile

emissions

Total

emissions

Missoula .................................................................................................... 12.84 32.98 70.44 0.78 117.04

Billings ....................................................................................................... 2.41 13.74 57.46 1.42 75.03

Great Falls ................................................................................................ 0.19 7.95 46.34 5.63 60.11

III. Final Action

EPA is approving the carbon

monoxide 1990 base year emission

inventories for Missoula, Billings, and

Great Falls.

All supporting calculations and

documentation for these three 1990

carbon monoxide base year inventories

are contained in the State’s Technical

Support Document (TSD).

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this issue of the Federal

Register, EPA is proposing to approve

the SIP revision should adverse or

critical comments be filed. This action

will be effective February 13, 1998

unless, by January 14, 1998, adverse or

critical comments are received.

If EPA receives adverse or critical

comments, this action will be

withdrawn before the effective date by

the publication of a subsequent

document that will withdraw the final

action. All public comments received

will then be addressed in a subsequent

final rule based on this action serving as

a proposed rule. EPA will not institute

a second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

If no adverse or critical comments are

received, the public is advised that this

action will be effective February 13,

1998.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any State

Implementation Plan. Each request for

revision to any State Implementation

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 12866

The Office of Management and Budget

(OMB) 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. 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.

SIP approvals under Section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-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

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

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

246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 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 rules

that include 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.

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 the 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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by February 13, 1998. 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 CAA).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Reporting

and recordkeeping requirements.
65616 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations

Dated: October 3, 1997.

William P. Yellowtail,

Regional Administrator, Region VIII.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart BB—Montana

2. Section 52.1391 is added to read as

follows:

§ 52.1391 Emission inventories.

The Governor of the State of Montana

submitted the 1990 carbon monoxide

base year emission inventories for

Missoula and Billings on July 18, 1995,

as a revision to the State

Implementation Plan (SIP). The

Governor submitted the 1990 carbon

monoxide base year emission inventory

for Great Falls on April 23, 1997, as a

revision to the SIP. The inventories

address emissions from point, area, onroad mobile, and non-road sources.

These 1990 base year carbon monoxide

inventories satisfy the nonattainment

area requirements of the Clean Air Act

of section 187(a)(1) for Missoula and

section 172(c)(3) for Billings and Great

Falls.

[FR Doc. 97–32644 Filed 12–12–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[ND–001–0003a; FRL–5933–8]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; North Dakota; Control of

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving the

North Dakota plan for implementing the

Municipal Solid Waste (MSW) Landfill

Emission Guidelines at 40 CFR part 60,

subpart Cc, which was required

pursuant to section 111(d) of the Clean

Air Act (Act). The State’s plan was

submitted to EPA on September 11,

1997 in accordance with the

requirements for adoption and submittal

of State plans for designated facilities in

40 CFR part 60, subpart B. It establishes

performance standards for existing

MSW landfills and provides for the

implementation and enforcement of

those standards. EPA finds that North

Dakota’s plan for existing MSW landfills

adequately addresses all of the Federal

requirements applicable to such plans.

DATES: This action is effective on

February 13, 1998 unless adverse or

critical comments are received in

writing by January 14, 1998. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments on this

action should be addressed to Vicki

Stamper, 8P2–A, at the EPA Region VIII

Office listed. Copies of the documents

relative to this action are available for

inspection during normal business

hours at the following locations: Air

Program, Environmental Protection

Agency, Region VIII, 999 18th Street,

suite 500, Denver, Colorado 80202–

2466; and the North Dakota Department

of Health, Division of Environmental

Engineering, 1200 Missouri Avenue,

room 304, Box 5520, Bismarck, North

Dakota 58506–5520.

FOR FURTHER INFORMATION CONTACT:

Vicki Stamper, EPA Region VIII, (303)

312–6445.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 111(d) of the Act, EPA

has established procedures whereby

States submit plans to control certain

existing sources of ‘‘designated

pollutants.’’ Designated pollutants are

defined as pollutants for which a

standard of performance for new

sources applies under section 111, but

which are not ‘‘criteria pollutants’’ (i.e.,

pollutants for which National Ambient

Air Quality Standards (NAAQS) are set

pursuant to sections 108 and 109 of the

Act) or hazardous air pollutants (HAPs)

regulated under section 112 of the Act.

As required by section 111(d) of the Act,

EPA established a process at 40 CFR

part 60, subpart B, similar to the process

required by section 110 of the Act

(regarding State Implementation Plan

(SIP) approval) which States must

follow in adopting and submitting a

section 111(d) plan. Whenever EPA

promulgates a new source performance

standard (NSPS) that controls a

designated pollutant, EPA establishes

emissions guidelines in accordance with

40 CFR 60.22 which contain

information pertinent to the control of

the designated pollutant from that NSPS

source category (i.e., the ‘‘designated

facility’’ as defined at 40 CFR 60.21(b)).

Thus, a State’s section 111(d) plan for a

designated facility must comply with

the emission guideline for that source

category as well as 40 CFR part 60,

subpart B.

On March 12, 1996, EPA published

Emission Guidelines for existing MSW

landfills (EG) at 40 CFR part 60, subpart

Cc (40 CFR 60.30c through 60.36c) and

NSPS for new MSW Landfills at 40 CFR

part 60, subpart WWW (40 CFR 60.750

through 60.759). (See 61 FR 9905–9929.)

The pollutant regulated by the NSPS

and EG is MSW landfill emissions,

which contain a mixture of volatile

organic compounds (VOCs), other

organic compounds, methane, and

HAPs. VOC emissions can contribute to

ozone formation which can result in

adverse effects to human health and

vegetation. The health effects of HAPs

include cancer, respiratory irritation,

and damage to the nervous system.

Methane emissions contribute to global

climate change and can result in fires or

explosions when they accumulate in

structures on or off the landfill site. To

determine whether control is required,

nonmethane organic compounds

(NMOCs) are measured as a surrogate

for MSW landfill emissions. Thus,

NMOC is considered the designated

pollutant. The designated facility which

is subject to the EG is each existing

MSW landfill (as defined in 40 CFR

60.31c) for which construction,

reconstruction or modification was

commenced before May 30, 1991.

Pursuant to 40 CFR 60.23(a), States

were required to submit a plan for the

control of the designated pollutant to

which the EG applies within nine

months after publication of the EG, or

by December 12, 1996. If there were no

designated facilities in the State, then

the State was required to submit a

negative declaration by December 12,

1996.

On September 11, 1997, the State of

North Dakota submitted its ‘‘Section

111(d) Plan for MSW Landfills’’ for

implementing EPA’s MSW landfill EG.

The following provides a brief

discussion of the requirements for an

approvable State plan for existing MSW

landfills and EPA’s review of North

Dakota’s submittal in regard to those

requirements. More detailed

information on the requirements for an

approvable plan and North Dakota’s

submittal can be found in the Technical

Support Document (TSD) accompanying

this notice, which is available upon

request.

II. Review of North Dakota’s MSW

Landfill Plan

EPA has reviewed North Dakota’s

section 111(d) plan for existing MSW

landfills against the requirements of 40

CFR part 60, subpart B and subpart Cc,

as follows: