Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Missouri; Control of Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[MO 053-1053a; FRL-6003-2]

Approval and Promulgation of State Plans for Designated

Facilities and Pollutants; Missouri; Control of Landfill Gas Emissions

From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the Missouri 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 26, 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 23, 1998 unless by May 26, 1998

adverse or critical comments are received. If adverse comments are

received, EPA will publish a timely withdrawal of the rule in the

Federal Register.

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 emissions guidelines (EG) 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 (VOC), other organic compounds, methane, and hazardous air

pollutants (HAP). 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 cross-references to the MSW

landfill EG.

On January 26, 1998, the state of Missouri submitted its section

111(d) plan for MSW landfills for implementing the EPA's MSW landfill

EG.

The Missouri plan includes documentation that all applicable

subpart B requirements have been met. More detailed information on the

requirements for an approvable plan and Missouri's submittal can be

found in the Technical Support Document (TSD) accompanying this action,

which is available on request.

The Missouri 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-reference 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.

Missouri rules 10 CSR 10-5.490 and 10 CSR 10-6.310 contain the

applicable requirements.

Missouri 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 Missouri's

January 26, 1998, submittal of its section 111(d) plan for the control

of landfill gas from existing MSW landfills. Since there is no Indian

Country in Missouri, this approval encompasses the entire state.

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

[[Page 20321]]

comments be filed. This rule will be effective June 23, 1998 without

further 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 23, 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-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, 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 Comptroller General

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 23, 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.

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 AA--Missouri

2. Subpart AA is amended by adding an undesignated heading and

Sec. 62.6357 to read as follows:

* * * * *

Air Emissions From Existing Municipal Solid Waste Landfills

Sec. 62.6357 Identification of plan.

(a) Identification of plan. Missouri plan for control of landfill

gas emissions from existing municipal solid waste landfills and

associated state regulations submitted on January 26, 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 23, 1998.

[FR Doc. 98-10977 Filed 4-23-98; 8:45 am]

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