Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations 40371

Subpart X—Michigan

§ 52.1174 Amended

2. Section 52.1174 is amended by

removing paragraph (q).

Dated: July 9, 1998.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 98–20006 Filed 7–28–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[CO–001–0026a; FRL–6131–7]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Colorado; 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

Colorado 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 April 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

Colorado’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 September 28, 1998 without further

notice, unless EPA receives adverse

comment by August 28, 1998. If adverse

comment is received, EPA will publish

a timely withdrawl of the direct final

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: Written comments on this

action 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 Pollution Control

Division, Colorado Department of Public

Health and Environment, 4300 Cherry

Creek Drive South, Denver, Colorado

80222–1530.

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. Pursuant to the proposed

settlement agreement, EPA published a

direct final rulemaking on June 16,

1998, in which EPA is amending 40 CFR

part 60, subparts Cc and WWW, to add

clarifying language, make editorial

amendments, and to correct

typographical errors. See 63 FR 32783–

32784, 32743–32753. EPA regulations at

40 CFR 60.23(a)(2) provide that a State

has nine months to adopt and submit

any necessary State Plan revisions after

publication of a final revised emission

guideline document. Thus, States are

not yet required to submit State Plan

revisions to address the June 16, 1998

direct final amendments to the EG. In

addition, as stated in the June 16, 1998

preamble, the changes to 40 CFR part

60, subparts Cc and WWW, do not

significantly modify the requirements of

those subparts. See 63 FR 32744.

Accordingly, the MSW landfill EG

published on March 12, 1996 was used

as a basis for EPA’s review of Colorado’s

submittal.

II. Analysis of State’s Submittal

On April 13, 1998, the State of

Colorado submitted its plan and

regulations (hereafter referred to as the

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

MSW landfill EG. The Colorado State

Plan includes the ‘‘111(d) Plan for

Existing Municipal Solid Waste

Landfills Existing in Colorado’’ and the

State’s implementing regulations in Part

A of Colorado Regulation No. 6.
40372 Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations

Colorado has incorporated by

reference the EG of 40 CFR part 60,

subpart Cc in Part A of Colorado

Regulation No. 6. In addition, the State

has adopted language in Part A of

Colorado Regulation No. 6 which

clarifies the requirements applicable to

existing MSW landfills in Colorado. Part

A of Colorado Regulation No. 6 also

includes compliance deadlines 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, emission limitations, test

methods and procedures, reporting and

recordkeeping requirements, and

compliance times. Specifically,

Colorado’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 submittal of the first annual NMOC

emission rate report showing emissions

equal to or exceeding 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 part 60.23. In

addition, as stated above, the State has

adopted emission standards and

compliance schedules into 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. 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 Colorado’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 Colorado’s plan and

associated regulations, as submitted on

April 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

Colorado’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 September 28,

1998 without further notice unless the

Agency receives adverse comments by

August 28, 1998.

If the EPA receives such comments,

then 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. Any

parties interested in commenting should

do so at this time. If no such comments

are received, the public is advised that

this rule will be effective on September

28, 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 Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review,’’ review.

The final rule is not subject to

Executive Order 13045, entitled

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks,’’ because it is not an

‘‘economically significant’’ action under

Executive Order 12866.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities because State Plan approvals

under section 111 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 State Plan approval

does not create any new requirements,

I certify that this action will not have a

significant economic impact on a

substantial number of small entities.

Moreover, due to the nature of the

Federal-State relationship under the

Clean Air Act, preparation of flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of State action. The

Clean Air Act forbids EPA to base its

actions concerning State Plans on such

grounds. 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, 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
Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations 40373

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

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).

E. Audit Privilege and Immunity Law

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Colorado’s audit privilege and penalty

immunity law (sections 13–25–126.5,

13–90–107, and 25–1–114.5 Colorado

Revised Statutes (C.R.S.); S.B. 94–139,

effective June 1, 1994) or its impact

upon any approved provision in the

State Plan, including the submittal at

issue here. The action taken herein does

not express or imply any viewpoint on

the question of whether there are legal

deficiencies in this or any other Clean

Air Act program resulting from the

effect of Colorado’s audit privilege and

immunity law. A State audit privilege

and immunity law can affect only State

enforcement and cannot have any

impact on federal enforcement

authorities. EPA may at any time invoke

its authority under the Clean Air Act,

including, for example, sections 113,

114, 167, 205, 211 or 213, to enforce the

requirements or prohibitions of the State

Plan, independently of any State

enforcement effort. In addition, citizen

enforcement under section 304 of the

Clean Air Act is likewise unaffected by

a State audit privilege or immunity law.

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 September 28,

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: July 20, 1998.

William P. Yellowtail,

Regional Administrator, Region VIII.

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. 7401–7642.

SUBPART G—[AMENDED]

2. Subpart G is amended by adding an

undesignated center heading and

sections 62.1350, 62.1351 and 62.1352

to read as follows:

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

§ 62.1350 Identification of plan.

‘‘111(d) Plan for Existing Municipal

Solid Waste Landfills Existing in

Colorado’’ and the associated State

regulations in Part A of Colorado

Regulation No. 6, submitted by the State

on April 13, 1998.

§ 62.1351 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.

§ 62.1352 Effective date.

The effective date of the plan for

municipal solid waste landfills is

September 28, 1998.

[FR Doc. 98–20282 Filed 7–28–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–246; RM–9205, RM–

9250]

Radio Broadcasting Services; Walla

Walla and Pullman, WA, and

Hermiston, OR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Mark Jacky Broadcasting,

substitutes Channel 256C2 for Channel

256C3 at Walla Walla, Washington, and

modifies Station KUJ–FM’s license

accordingly. To accommodate the

upgrade, we substitute Channel 263A

for Channel 257A at Hermiston, Oregon,

and modify Station KQFM(FM)’s license

accordingly (RM–9205). See 63 FR 194,

January 5, 1998. At the request of

counterproponent Palouse Country, Inc.,

we also substitute Channel 258C for

Channel 258C1 at Pullman, Washington,

and modify Section KZZL–FM’s license

accordingly (RM–9205). Channel 256C2

can be allotted to Walla Walla in

compliance with the Commission’s

minimum distance separation

requirements without the imposition of

a site restriction at Station KUJ–FM’s

requested site. The coordinates for

Channel 256C2 at Walla Walla are North

Latitude 45–59–38 and West Longitude

118–10–47. See Supplementary

Information, infra.

EFFECTIVE DATE: August 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–246,

adopted July 8, 1998, and released July

17,1998. The full text of this

Commission decision is available for

inspection and copying during business

hours in the FCC Reference Center

(Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy