[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Rules and Regulations]
[Pages 29644-29646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14435]



[[Page 29644]]

=======================================================================
-----------------------------------------------------------------------

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 currently-
promulgated 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 m<SUP>3</SUP>; 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

[[Page 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 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.

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).

[[Page 29646]]

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


Sec. 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.


Sec. 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.


Sec. 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