29644 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[WY–001–0001a; FRL–6104–7]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Wyoming; 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

Wyoming plan and associated

regulations for implementing the

Municipal Solid Waste (MSW) Landfill

Emission Guidelines at 40 CFR part 60,

subpart Cc, which were required

pursuant to section 111(d) of the Clean

Air Act (Act). The State’s plan was

submitted to EPA on February 13, 1998,

in accordance with the requirements for

adoption and submittal of State plans

for designated facilities in 40 CFR part

60, subpart B. The State’s plan

establishes performance standards for

existing MSW landfills and provides for

the implementation and enforcement of

those standards. EPA finds that

Wyoming’s plan for existing MSW

landfills adequately addresses all of the

Federal requirements applicable to such

plans.

DATES: This direct final rule is effective

on July 31, 1998, unless EPA receives

adverse comment by July 1, 1998. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments may be

mailed 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 Air Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado 80202–2466. Copies of

the State documents relevant to this

action are available for public

inspection at the Air Quality Division,

Wyoming Department of Environmental

Quality, 122 West 25th Street,

Cheyenne, Wyoming 82002.

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, 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 (EG) for existing

MSW landfills at 40 CFR part 60,

subpart Cc (40 CFR 60.30c–60.36c) and

NSPS for new MSW Landfills at 40 CFR

part 60, subpart WWW (40 CFR 60.750–

60.759). (See 61 FR 9905–29.) 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 either (1) submit a plan

for the control of the designated

pollutant to which the EG applies or (2)

submit a negative declaration if there

were no designated facilities in the State

within nine months after publication of

the EG, or by December 12, 1996.

EPA has been involved in litigation

over the requirements of the MSW

landfill EG and NSPS since the summer

of 1996. On November 13, 1997, EPA

issued a notice of proposed settlement

in National Solid Wastes Management

Association v. Browner, et. al., No. 96–

1152 (D.C. Cir), in accordance with

section 113(g) of the Act. (See 62 FR

60898.) It is important to note that the

proposed settlement does not vacate or

void the existing MSW landfill EG or

NSPS. Accordingly, the currentlypromulgated MSW landfill EG was used

as a basis for EPA’s review of

Wyoming’s submittal.

II. Analysis of State’s Submittal

On February 13, 1998, the State of

Wyoming submitted its plan and

regulations (hereafter referred to as the

‘‘State Plan’’) for implementing EPA’s

MSW landfill EG. The Wyoming State

Plan includes the State’s implementing

regulations in Section 35 of the

Wyoming Air Quality Standards and

Regulations (WAQSR) and supporting

documentation for the other

requirements of 40 CFR part 60, subpart

B.

Wyoming has adopted provisions in

Section 35 of the WAQSR which

incorporate all of the requirements of

the EG. Wyoming has also adopted

compliance timelines in Section

35(b)(iv) and (e) of the WAQSR to

address the compliance timelines of the

EG and the increments of progress

requirements of 40 CFR part 60, subpart

B. Thus, the State’s regulations

adequately address the requirements of

the EG, including the required

applicability provisions, emission

limitations, test methods and

procedures, reporting and

recordkeeping requirements, and

compliance times. Specifically,

Wyoming’s regulation requires that

existing MSW landfills that: (1)

accepted waste since November 8, 1987;

(2) have a design capacity equal to or

greater than 2.5 million megagrams (Mg)

or 2.5 million m3; and (3) have a NMOC

emission rate, calculated in accordance

with the procedures of 40 CFR 60.754,

equal to or greater than 50 Mg/year to

install a gas collection and control

system meeting the requirements of 40

CFR 60.33c(b) and (c) within thirty

months from the effective date of the

State regulation (or, for those existing

MSW landfills whose initial NMOC

emission rate is less than 50 Mg/yr on

the effective date of the State regulation,

within thirty months after the landfill’s
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29645

NMOC emission rate equals or exceeds

50 Mg/yr).

The State Plan also includes

documentation showing that all

requirements of 40 CFR part 60, subpart

B have been met. Specifically, the State

Plan includes a demonstration of legal

authority to adopt and implement the

plan, an emissions inventory,

increments of progress compliance

deadlines, a commitment to submit to

EPA annual State progress reports on

plan implementation and enforcement,

and documentation that the State

addressed the public participation

requirements of 40 CFR 60.23. In

addition, as stated above, the State has

adopted emission standards and

compliance schedules as an enforceable

State regulation that is no less stringent

than the EG.

Consequently, EPA finds that the

State Plan and implementing

regulations meet all of the requirements

applicable to such plans in 40 CFR part

60, subparts B and Cc. The State did

not, however, submit evidence of

authority to regulate existing MSW

landfills in Indian Country as defined in

18 U.S.C. 1151. Therefore, EPA is not

approving this State Plan as it relates to

those sources.

More detailed information on the

requirements for an approvable plan

and Wyoming’s submittal can be found

in the Technical Support Document

(TSD) accompanying this notice, which

is available upon request.

III. Final Action

Based on the rationale discussed

above and in further detail in the TSD

associated with this action, EPA is

approving Wyoming’s plan and

associated regulations, as submitted on

February 13, 1998, for the control of

landfill gas from existing MSW landfills,

except for those existing MSW landfills

located in Indian Country. As provided

by 40 CFR 60.28(c), any revisions to

Wyoming’s State 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

approved by EPA in accordance with 40

CFR part 60, subpart B.

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.

EPA is publishing this action 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, EPA is publishing a

separate document that will serve as the

proposal to approve the State Plan

should adverse comments be filed. This

rule will be effective July 31, 1998

without further notice unless the

Agency receives adverse comments by

July 1, 1998.

If the EPA receives such comments,

then EPA will publish a notice

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. Any 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 July 31, 1998 and no further

action will be taken on the proposed

rule.

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. Executive Order 13045

The [proposed/final] rule is not

subject to E.O. 13045, entitled

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks,’’ because it is not an

‘‘economically significant’’ action under

E.O. 12866.

C. 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.

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, the

Administrator certifies 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. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (1976); 42

U.S.C. 7410(a)(2).

D. 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.

E. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. section 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. 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.

section 804(2).
29646 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

F. 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 July 31, 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)).

G. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR

19885, April 23, 1997), applies to any

rule that is (1) likely to be

‘‘economically significant’’ as defined

under Executive Order 12866, and (2)

the Agency has reason to believe that

the environmental health or safety risk

addressed by the rule may have a

disproportionate effect on children. If a

regulatory action meets both criteria, the

Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to E.O. 13045,

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ because this is not an

‘‘economically significant’’ regulatory

action as defined by E.O. 12866, and

because it does not involve decisions on

environmental health or safety risks that

may disproportionately affect children.

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: May 21, 1998.

Carol Rushin,

Acting 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 ZZ is added to read as

follows:

Subpart ZZ—Wyoming

Sec.

62.12600 Identification of plan.

62.12601 Identification of sources.

62.12602 Effective date.

Subpart ZZ—Wyoming

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

§ 62.12600 Identification of plan.

Section 35, ‘‘Municipal Solid Waste

Landfills,’’ of the Wyoming Air Quality

Standards and Regulations and

associated documentation submitted by

the State on February 13, 1998.

§ 62.12601 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.

§ 62.12602 Effective date.

The effective date of the plan for

municipal solid waste landfills is July

31, 1998.

[FR Doc. 98–14435 Filed 5–29–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50630A; FRL–5789–5]

RIN 2070–AB27

Sinorhizobium meliloti strain RMBPC2; Significant New Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is issuing a significant

new use rule (SNUR) under section

5(a)(2) of the Toxic Substances Control

Act (TSCA) for the microorganism

described as Sinorhizobium meliloti

strain RMBPC-2 which is the subject of

premanufacture notice (PMN) P–92–

403. This rule will require persons who

intend to manufacture, import, or

process this microorganism for a

significant new use to notify EPA at

least 90 days before commencing any

manufacturing, importing, or processing

activities for a use designated by this

SNUR as a significant new use. The

required notice would provide EPA

with the opportunity to evaluate the

intended use and, if necessary, to

prohibit or limit that activity before it

can occur.

DATES: This rule is effective July 1,

1998.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–531, 401 M St., SW.,

Washington, DC 20460, telephone: (202)

554–1404, TDD: (202) 554–0551; e-mail:

TSCA-Hotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Availability: Electronic

copies of this document are available

from the EPA Home Page at the Federal

Register-Environmental Documents

entry for this document under ‘‘Laws

and Regulations’’ (http://www.epa.gov/

fedrgstr/).

This SNUR would require persons to

notify EPA at least 90 days before

commencing the manufacture, import,

or processing of the microorganism

identified in PMN P–92–403 for the

significant new uses designated herein.

The required notice would provide EPA

with information with which to evaluate

an intended use and associated

activities.

I. Authority

Section 5(a)(2) of TSCA (15 U.S.C.

2604(a)(2)) authorizes EPA to determine

that a use of a chemical substance is a

‘‘significant new use.’’ EPA must make

this determination by rule after

considering all relevant factors,

including those listed in section 5(a)(2)

of TSCA. Once EPA determines that a

use of a chemical substance is a

significant new use, section 5(a)(1)(B) of

TSCA requires persons to submit a

notice to EPA at least 90 days before

they manufacture, import, or process the

chemical substance for that use. Section

26(c) of TSCA authorizes EPA to take

action under section 5(a)(2) of TSCA

with respect to a category of chemical

substances. EPA interprets the

definition of ‘‘chemical substance’’

under TSCA to include microorganisms

as stated in the Federal Register of April

11, 1997 (62 FR 17910) (FRL–5577–2),

June 26, 1986 (51 FR 23324), and

December 31, 1984 (49 FR 50886).

Persons subject to this SNUR would

comply with the same notice

requirements and EPA regulatory

procedures as submitters of

premanufacture notices under section

5(a)(1) of TSCA. In particular, these

requirements include the information

submission requirements of TSCA

section 5(b) and (d)(1), the exemptions

authorized by TSCA section 5(h)(1),

(h)(2), (h)(3), and (h)(5), and the