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:
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations 65617

A. Identification of enforceable State

Mechanism for Implementing the EG

40 CFR 60.24(a) requires that the

section 111(d) plan include emissions

standards, defined in 40 CFR 60.21(f) as

‘‘a legally enforceable regulation setting

forth an allowable rate of emissions into

the atmosphere, or prescribing

equipment specifications for control of

air pollution emissions.’’ North Dakota

has adopted State regulations as the

cornerstone of its State plan to control

air emissions from certain existing

landfills. Those regulations are in the

State’s Air Pollution Control Rules,

chapter 33–15–12, section 02, of the

North Dakota Administrative Code

(NDAC). These regulations were

adopted by the State in accordance with

the State’s and EPA’s administrative

procedures and became effective on

September 1, 1997. Thus, the State has

met the requirement of 40 CFR 60.24(a)

to have legally enforceable emission

standards.

B. Demonstration of the State’s Legal

Authority to Carry out the Section

111(d) State Plan as Submitted

40 CFR 60.26 requires the section

111(d) plan to demonstrate that the

State has legal authority to adopt and

implement the emission standards and

compliance schedules. North Dakota

provided an opinion from the State’s

Assistant Attorney General and

included a copy of the North Dakota Air

Pollution Control Law, North Dakota

Century Code (NDCC) Chapter 23–25, to

demonstrate its authority for adopting,

implementing, and enforcing its section

111(d) plan. EPA has reviewed the

Assistant Attorney General’s opinion

and the State laws and has determined

that the State has adequate legal

authority to adopt and implement the

section 111(d) plan in accordance with

40 CFR 60.26.

The State did not submit evidence of

authority to regulate existing MSW

landfills in Indian Country. Therefore,

EPA is not approving this State Plan as

it relates to those sources.

C. Inventory of Existing MSW Landfills

in the State Affected by the State Plan

40 CFR 60.25(a) requires the section

111(d) plan to include a complete

source inventory of all existing MSW

landfills (i.e., those MSW landfills that

constructed, reconstructed, or modified

prior to May 30, 1991) in the State that

are subject to the plan. This includes all

existing landfills that have accepted

waste since November 8, 1987 or that

have additional capacity for future

waste deposition. North Dakota

addressed this requirement in Section

IV. of its section 111(d) plan by

including a list of all MSW landfills in

the State, regardless of design capacity,

that have accepted waste since

November 8, 1987. There are a total of

13 MSW landfills in North Dakota. The

State believes that three of these MSW

landfills appear to be subject to 40 CFR

part 60, subpart WWW due to

expansions that have occurred since the

date the State plan was first proposed

and, thus, are not subject to the State

plan. The State of North Dakota

estimates that there is one ‘‘existing’’

landfill, the City of Grand Forks

Municipal Landfill, that is subject to the

requirements to report solid waste

capacity, calculate NMOC emissions,

and potentially install a gas collection

and control system. The State estimated

in its section 111(d) plan that there are

9 additional landfills that have solid

waste capacities less than 2.5 million

Mg or 2.5 million m3 that have accepted

waste since November 8, 1987. Since

the State’s adoption of its section 111(d)

plan, the State received the design

capacity reports from these nine

landfills and confirmed that none are

over the 2.5 million Mg or 2.5 million

m3 design capacity threshold. Thus,

these nine MSW landfills are not subject

to any additional requirements of the

State’s section 111(d) plan.

D. Inventory of Emissions From Existing

MSW Landfills in the State

40 CFR 60.25(a) requires that the plan

include an emissions inventory that

estimates emissions of the pollutant

regulated by the EG, which, in the case

of MSW landfills, is NMOC. North

Dakota included in Section IV. of its

section 111(d) plan an estimation of

NMOC emissions for all of the thirteen

landfills in the State using the Landfill

Air Emissions Estimation Model and

AP–42 default emission factors.

E. Emission Limitations for MSW

Landfills

40 CFR 60.24(c) specifies that the

State plan must include emission

standards that are no less stringent than

the EG (except as specified in 40 CFR

60.24(f) which allows for less stringent

emission limitations on a case-by-case

basis if certain conditions are met). 40

CFR 60.33c contains the emissions

standards applicable to existing MSW

landfills. The State of North Dakota

incorporated the EG by reference at

NDAC 33–15–12–02, including the

emission limitations of 40 CFR 60.33c.

Thus, the State plan meets the emission

limitation requirements by requiring

emission limitations that are no less

stringent than the EG.

F. A Process for State Review and

Approval of Site-Specific gas Collection

and Control System Design Plans

40 CFR 60.33c(b) in the EG requires

State plans to include a process for State

review and approval of site-specific

design plans for required gas collection

and control systems. In NDAC 33–15–

12–02, the State has incorporated by

reference the EG, including the

requirements of 40 CFR 60.33c(b) for the

submittal of site-specific design plans

meeting the conditions of 40 CFR

60.752(b)(2)(ii). In addition, Section VII.

of the State’s section 111(d) plan

discusses the State’s process for review

and approval of the design plans. Thus,

North Dakota’s section 111(d) plan

adequately addresses this requirement.

G. Compliance Schedules

The State’s section 111(d) plan must

include a compliance schedule that

owners and operators of affected MSW

landfills must meet in complying with

the requirements of the plan. 40 CFR

60.36c provides that planning, awarding

of contracts, and installation of air

emission collection and control

equipment capable of meeting the EG

must be accomplished within 30

months of the effective date of a State

emission standard for MSW landfills

(i.e., the effective date of EPA approval

of the State plan). 40 CFR 60.24(e)(1)

provides that any compliance schedule

extending more than 12 months from

the date required for plan submittal

shall include legally enforceable

increments of progress as specified in 40

CFR 60.21(h), including deadlines for

submittal of a final control plan,

awarding of contracts for emission

control systems, initiation of on-site

construction or installation of emission

control equipment, completion of onsite construction/installation of

emission control equipment, and final

compliance.

North Dakota has adopted enforceable

compliance schedules in NDAC 33–15–

12–02. The State’s rules require that the

landfills which are required to install a

collection and control system be in final

compliance with the requirements of the

State plan no later than twenty-nine

months from the effective date of EPA

approval of this plan or, for those MSW

landfills which are not currently subject

to the collection and control system

requirements, within twenty-nine

months of first becoming subject to such

requirements (i.e., within 30 months of

reporting a NMOC emission rate of 50

Mg/yr or greater). Thus, the State’s rule

satisfies the requirement of 40 CFR

60.36c. In addition, the State has

included increments of progress
65618 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations

deadlines for the submittal of a final

collection and control system design

plan, awarding contracts for installation

of the collection and control system,

initiation of on-site installation of the

collection and control system, and final

compliance. Thus, the State’s rule

satisfies the requirements of 40 CFR

60.24(e). The State’s regulations also

include a requirement for the initial

performance test to be conducted within

180 days of the installation of the

collection and control equipment.

H. Testing, Monitoring, Recordkeeping

and Reporting Requirements

40 CFR 60.34c specifies the testing

and monitoring provisions that State

plans must include, and 40 CFR 60.35c

specifies the reporting and

recordkeeping requirements. In NDAC

33–15–12–02, the State has incorporated

by reference the EG, including the test

methods and procedures of 40 CFR

60.34c and the reporting and

recordkeeping provisions of 40 CFR

60.35c.

However, the State did adopt one

exception to the quarterly monitoring

requirements for surface methane

concentrations in 40 CFR 60.756(f): the

State rule only requires surface methane

concentration monitoring during the

second, third, and fourth quarters of the

calendar year. In a June 27, 1997 letter

to EPA, the State submitted extensive

climatological data and explained why

it believes this data shows that

exceedingly cold temperatures and

snow cover during the winter quarter

(January through March) would make

monitoring of surface methane

concentrations nearly impossible. In

examining this data for the one MSW

landfill that currently appears to be

subject to the collection and control

system requirements of the State plan,

the City of Grand Forks Municipal

Landfill, the State found the following

information:

a. The mean temperature in Grand

Forks is approximately 5 degrees

Fahrenheit in January, 9 degrees in

February, and 23 degrees in March;

b. Using the average wind speed for

the months of January through March in

Fargo, which is 78 miles south of Grand

Forks, the average wind chill factors

would range from –22 degrees

Fahrenheit in January to 2 degrees

Fahrenheit in March. Average wind

speed in those same months ranges from

13 to 13.6 mph;

c. The Grand Forks area receives

approximately 38 inches of snow during

the winter season, and there is normally

at least one inch of snow depth in Grand

Forks from December 1 through the end

of March; and

d. The Grand Forks area has

approximately 50 days with snow

depths of 6 inches or more and

approximately 115 days with snow

depth of one inch or more, which

generally fall within the December

through March time frame.

Thus, North Dakota contends that,

with mean temperatures during the

winter quarter below freezing and with

snow covering the landfill at depths up

to three feet, surface monitoring for

methane during the winter quarter is not

practical and, at best, extremely

difficult.

EPA believes that the State has

provided substantial documentation

showing that the extremely cold

temperatures and wind chill factors, as

well as the snow cover, in the Grand

Forks area justify the exemption from

first quarter monitoring for surface

methane concentrations. If any other

existing MSW landfills become subject

to the State’s section 111(d) plan in the

future, EPA will need to re-evaluate the

State’s exemption from first quarter

monitoring based on the location and

meteorological data for that location.

Consequently, EPA finds that the

State’s section 111(d) plan for MSW

landfills adequately addresses the

testing, monitoring, reporting, and

recordkeeping requirements of the EG.

I. A Record of Public Hearings on the

State Plan

40 CFR 60.23 contains the

requirements for public hearings that

must be met by the State in adopting a

section 111(d) plan. North Dakota

included documents in its plan

submittal demonstrating that these

procedures, as well as the State’s

administrative procedures, were

complied with in adopting the State’s

plan. Therefore, EPA finds that North

Dakota has adequately met this

requirement.

J. Submittal of Annual State Progress

Reports to EPA

40 CFR 60.25(e) and (f) require States

to submit to EPA annual reports on the

progress of plan enforcement. North

Dakota committed in Section IX. of its

section 111(d) plan to submit annual

progress reports to EPA on compliance

status, enforcement actions, increments

of progress, identification of sources

that have started operation, emission

inventory information for sources that

have started operation, updated

emission inventory and compliance

information, and technical reports on all

performance testing and monitoring for

landfills subject to the EG. The first

progress report will be submitted by the

State one year after EPA approval of the

State plan.

III. Final Action

Based on the rationale discussed

above and in further detail in the TSD

associated with this action, EPA is

approving North Dakota—s September

11, 1997 submittal of its section 111(d)

plan for the control of landfill gas from

existing MSW landfills, except those

located in Indian Country. As provided

by 40 CFR 60.28(c), any revisions to

North Dakota’s section 111(d) plan or

associated regulations will not be

considered part of the applicable plan

until submitted by the State in

accordance with 40 CFR 60.28(a) or (b),

as applicable, and until approved by

EPA in accordance with 40 CFR part 60,

subpart B.

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 Federal Register

publication, EPA is proposing to

approve the State Plan 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 such comments, this

action will be withdrawn before the

effective date by publishing 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 such comments are received, the

public is advised that this action will be

effective on 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 Plan.

Each request for revision to a 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 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
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations 65619

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

economic 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 small entities affected. Moreover,

due to the nature of the Federal-state

relationship under the Act, preparation

of a regulatory 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.

Union Electric Co.T1 v. U.S. E.P.A., 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 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 costeffective 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 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 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 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 must 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, Methane, Municipal solid

waste landfills, Nonmethane organic

compounds, Reporting and

recordkeeping requirements.

Dated: October 24, 1997.

William P. Yellowtail,

Regional Administrator, Region VIII.

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. 7401–7642.

2. Subpart JJ is added to read as

follows:

Subpart JJ—North Dakota

LANDFILL GAS EMISSIONS FROM

EXISTING MUNICIPAL SOLID WASTE

LANDFILLS

Sec.

62.8600 Identification of plan.

62.8601 Identification of sources.

62.8602 Effective date.

Subpart JJ—North Dakota

LANDFILL GAS EMISSIONS FROM

EXISTING MUNICIPAL SOLID WASTE

LANDFILLS

§ 62.8600 Identification of plan.

‘‘Section 111(d) Plan for Municipal

Solid Waste Landfills’’ and the

associated State regulation in section

33–15–12–02 of the North Dakota

Administrative Code, submitted by the

State on September 11, 1997.

§ 62.8601 Identification of sources.

The plan applies to all existing

municipal solid waste landfills for

which construction, reconstruction, or

modification was commenced before

May 30, 1991 that accepted waste at any

time since November 8, 1987 or that

have additional capacity available for

future waste deposition, as described in

40 CFR part 60, subpart Cc.

§ 62.8602 Effective date.

The effective date of the plan for

municipal solid waste landfills is

February 13, 1998.

[FR Doc. 97–32640 Filed 12–12–97; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 69

[CC Docket Nos. 96–262 and 91–213; FCC

97–401]

Access Charge Reform; Transport

Rate Structure and Pricing

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In the Third Report and

Order, FCC 97–401, adopted and

released November 26, 1997 (Third

Report and Order), in its Access Charge

Reform and Transport Rate Structure

Pricing proceedings, the Commission

amends its cost allocation rules to

increase the allocation of certain general

purpose computer and other general

support facilities (GSF) costs by price

cap local exchange carriers (LECs) to

their nonregulated billing and collection

categories and the Third Report and

Order also requires affected price cap

LECs to reduce their price cap indices

(PCIs) and related basket indices to

ensure that their regulated access and

interexchange services do not continue

to recover GSF costs attributable their

nonregulated billing and collection

services. These rule amendments and

related exogenous adjustments are

intended to reduce the subsidization of