20100 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

Treasury has reviewed the South

Dakota enactment and has concluded

that it is substantially identical to the

uniform version of Revised Article 8.

Accordingly, if either § 357.10(b) or

§ 357.11(b) directs a person to South

Dakota, the provisions of §§ 357.10(c)

and 357.11(d) of the TRADES rule are

not applicable.

Dated: April 16, 1998.

Van Zeck,

Commissioner of the Public Debt.

[FR Doc. 98–10810 Filed 4–22–98; 8:45 am]

BILLING CODE 4810–39–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[NE 052–1052a; FRL–6002–4]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Nebraska; 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

Nebraska plan for implementing the

Municipal Solid Waste (MSW) Landfill

Emission Guideline (EG) 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 the EPA on January 6,

1998, in accordance with the

requirements for adoption and submittal

of state plans for designated facilities in

40 CFR part 60, subpart B. The plan

establishes emission limits for existing

MSW landfills, and provides for the

implementation and enforcement of

those limits.

DATES: This action is effective June 22,

1998, unless by May 26, 1998, relevant

adverse comments are received.

ADDRESSES: Comments may be mailed to

Wayne Kaiser, Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the: Environmental Protection

Agency, Air Planning and Development

Branch, 726 Minnesota Avenue, Kansas

City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT:

Wayne Kaiser at (913) 551–7603.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 111(d) of the Act, the

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 are set pursuant

to sections 108 and 109 of the Act). As

required by section 111(d) of the Act,

the 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

approval) which states must follow in

adopting and submitting a section

111(d) plan. Whenever the EPA

promulgates a new source performance

standard (NSPS) that controls a

designated pollutant, the EPA

establishes EGs 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 EG for that source category as well

as 40 CFR part 60, subpart B.

On March 12, 1996, the EPA

published an EG for existing MSW

landfills 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). The pollutant regulated

by the NSPS and EG is MSW landfill

emissions, which contain a mixture of

volatile organic compounds, other

organic compounds, methane, and

hazardous air pollutants. To determine

whether control is required,

nonmethane organic compounds

(NMOC) 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.

II. Analysis of State Submittal

The official procedures for adoption

and submittal of state plans are codified

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 crossreferences to the MSW landfill EG.

On January 6, 1998, the state of

Nebraska submitted its section 111(d)

plan for MSW landfills for

implementing the EPA’s MSW landfill

EG.

The Nebraska plan includes

documentation that all applicable

subpart B requirements have been met.

More detailed information on the

requirements for an approvable plan

and Nebraska’s submittal can be found

in the Technical Support Document

(TSD) accompanying this action, which

is available on request.

The Nebraska plan cross referenced

both the NSPS subpart WWW and EG

subpart Cc to adopt the requirements of

the Federal rule. The state has ensured,

through this cross referencing process,

that all the applicable requirements of

the Federal rule have been adopted into

the state plan. The emission limits,

testing, monitoring, reporting and

recordkeeping requirements, and other

aspects of the Federal rule have been

adopted. Nebraska rule Chapter 18, 004,

contains the applicable requirements.

Nebraska demonstrated that it has the

legal authority to implement and

enforce the applicable requirements.

The state provided evidence that it

complied with the public notice and

comment requirements of 40 CFR part

60, subpart B.

III. Final Action

Based on the rationale discussed

above and in further detail in the TSD

associated with this action, the EPA is

approving Nebraska’s January 6, 1998,

submittal of its section 111(d) plan for

the control of landfill gas from existing

MSW landfills, except those located in

Indian Country.

The EPA is publishing this rule

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, the EPA is publishing a

separate document that will serve as the

proposal to approve the state plan

revision should relevant adverse

comments be filed. This rule will be

effective June 22, 1998, without further
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20101

notice unless the Agency receives

relevant adverse comments by May 26,

1998.

If the EPA receives such comments,

then the EPA will publish a document

withdrawing the final rule and

informing the public that the rule did

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

the proposed rule. Only parties

interested in commenting on the

proposed rule should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on June 22, 1998, and no

further action will be taken on the

proposed rule.

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 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et. seq., the 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, the 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 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 the 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

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, the 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, the 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 the 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 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

Controller General Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The EPA will

submit a report containing this rule and

other required information to the U.S.

Senate, the U.S. House of

Representatives, and the Comptroller

General of the United States prior to

publication of the rule in the Federal

Register. This rule is not a ‘‘major rule’’

as defined by 5 U.S.C. 804(2).

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 June 22, 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 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Methane, Municipal solid

waste landfills, Nonmethane organic

compounds, Reporting and

recordkeeping requirements.

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

Dated: April 9, 1998.

Dennis Grams,

Regional Administrator, Region VII.

Part 62, Chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

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

Subpart CC—Nebraska

2. Subpart CC is amended by adding

an undesignated center heading and

§ 62.6913 to subpart CC to read as

follows:

Air Emissions From Existing Municipal

Solid Waste Landfills

§ 62.6913 Identification of plan.

(a) Identification of plan. Nebraska

plan for control of landfill gas emissions

from existing municipal solid waste

landfills and associated state regulations

submitted on January 6, 1998.

(b) 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, and have design

capacities greater than 2.5 million

megagrams and nonmethane organic

emissions greater than 50 megagrams

per year, as described in 40 CFR part 60,

subpart Cc.

(c) Effective date. The effective date of

the plan for municipal solid waste

landfills is June 22, 1998.

[FR Doc. 98–10855 Filed 4–22–98; 8:45 am]

BILLING CODE 6560–50–P