Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Georgia

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[GA-41-9829a; FRL-6187-4]

Approval and Promulgation of State Plans for Designated

Facilities and Pollutants: Georgia

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (EPA) is

approving the section 111(d) Plan submitted by the Georgia Department

of Natural Resources (DNR) for the State of Georgia on January 20,

1998, for implementing and enforcing the Emissions Guidelines (EG)

applicable to existing Municipal Solid Waste (MSW) Landfills.

DATES: This direct final rule is effective on January 12, 1999, without

further notice, unless EPA receives adverse comment by December 14,

1998. If EPA receives adverse comment, we 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: You should address comments on this action to Scott Martin,

EPA Region 4, Air Planning Branch, 61 Forsyth Street, SW, Atlanta,

Georgia 30303-3104.

Copies of materials submitted to EPA may be examined during normal

business hours at the following locations: EPA Region 4, Atlanta

Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104; and

at the Georgia Department of Natural Resources, Air Protection Branch,

4244 International Parkway, Suite 120, Atlanta, Georgia 30354.

FOR FURTHER INFORMATION CONTACT: Scott Martin at (404) 562-9036 or

Scott Davis at (404) 562-9127.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 111(d) of the Clean Air Act (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 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, local, or

tribal agency'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, EPA published 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). (See 61 FR 9905-9944.) The pollutants regulated by the NSPS

and EG are 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 60.32c) 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 (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

[[Page 63415]]

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 32743-32753, 32783-32784. 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 by EPA for review of

section 111(d) Plan submittals.

This action approves the section 111(d) Plan submitted by the

Georgia DNR for the State of Georgia to implement and enforce subpart

Cc.

II. Discussion

The Georgia DNR submitted to EPA on January 20, 1998, the following

in their section 111(d) Plan for implementing and enforcing the

emission guidelines for existing MSW landfills in the State of Georgia:

Legal Authority; Enforceable Mechanism; MSW Landfill Source and

Emission Inventory; Emission Standards; Collection and Control System

Design Plan Review Process; Compliance Schedule; Demonstration That the

Public Had Adequate Notice and Opportunity to Submit Written Comments;

Submittal of Progress Reports to EPA; Source Surveillance, Compliance

Assurance and Enforcement; and applicable State of Georgia statutes and

rules of the Georgia DNR.

The approval of the Georgia State Plan is based on finding that:

(1) the Georgia DNR provided adequate public notice of public hearings

for the proposed rulemaking and State Plan which allows the Georgia DNR

to implement and enforce the EG for MSW landfills; and (2) the Georgia

DNR also demonstrated legal authority to adopt emission standards and

compliance schedules applicable to the designated facilities; enforce

applicable laws, regulations, standards and compliance schedules; seek

injunctive relief; obtain information necessary to determine

compliance; require recordkeeping; conduct inspections and tests;

require the use of monitors; require emission reports of owners and

operators; and make emission data publicly available.

In section A of the Plan, the Georgia DNR cites the following

references for the legal authority: State of Georgia Attorney General's

Opinion Regarding State Authority to Operate the Title V Operating

Permit Program; The Georgia Air Quality Act, sections 12-9-1 through

12-9-25; The Rules of the Georgia Department of Natural Resources for

Air Quality Control, Chapter 391-3-1; the Georgia Natural Resources

Act; the Georgia Administrative Procedures Act; and the Official Code

of Georgia Annotated. On the basis of the Attorney General's Opinion,

the statutes, and rules of the State of Georgia, the State Plan is

approved as being at least as protective as the Federal requirements

for existing MSW landfills.

In section C of the Plan, the Georgia DNR cites the enforceable

mechanism for implementing the EG for existing MSW landfills. The

enforceable mechanism is the state regulation adopted by the State of

Georgia in Rule 391-3-1-.02(2)ggg, ``Municipal Solid Waste Landfills.''

The State's regulation meets the Federal requirements for an

enforceable mechanism and is approved as being at least as protective

as the Federal requirements contained in subpart Cc for existing MSW

landfills.

In section C of the Plan, the Georgia DNR cites all emission

standards and limitations for the major pollutant categories related to

the designated sites and facilities. These standards and limitations in

the Georgia DNR's Rule 391-3-1-.02(2)ggg are approved as being at least

as protective as the Federal requirements contained in Subpart Cc for

existing MSW landfills.

Section D of the Plan describes the process the Georgia DNR will

utilize for the review of site-specific design plans for gas collection

and control systems. The process outlined in the Plan meets the Federal

requirements contained in subpart Cc for existing MSW landfills.

In section E of the Plan, the Georgia DNR cites the compliance

schedules adopted in Rule 391-3-1-.02(2)ggg for each existing MSW

landfill to be in compliance within 30 months of the effective date of

their implementing regulation (June 23, 1997). These compliance times

for affected MSW landfills address the required compliance time lines

of the EG. This portion of the Plan has been reviewed and approved as

being at least as protective as Federal requirements for existing MSW

landfills.

In section B of the Plan, the Georgia DNR submitted a source and

emission inventory of all designated pollutants for each MSW landfill

in the State of Georgia. This portion of the Plan has been reviewed and

approved as meeting the Federal requirements for existing MSW

landfills.

Section G of the Plan includes its legal authority to require

owners and operators of designated facilities to maintain records and

report to their Agency the nature and amount of emissions and any other

information that may be necessary to enable their Agency to judge the

compliance status of the facilities. The Georgia DNR also cites its

legal authority to provide for periodic inspection and testing and

provisions for making reports of MSW landfill emissions data,

correlated with emission standards that apply, available to the general

public. Georgia Rule 391-3-1-.02(2)ggg supports the requirements of

monitoring, recordkeeping, reporting, and compliance assurance. These

Georgia rules have been reviewed and approved as being at least as

protective as Federal requirements for existing MSW landfills.

Section G of the Plan, outlines how the Georgia DNR will provide

progress reports of Plan implementation updates to the EPA on an annual

basis. These progress reports will include the required items pursuant

to 40 CFR part 60, subpart B. This portion of the Plan has been

reviewed and approved as meeting the Federal requirement for Plan

reporting.

Consequently, EPA finds that the Georgia State Plan meets all of

the requirements applicable to such plans in 40 CFR part 60, subparts B

and Cc. The Georgia DNR did not, however, submit evidence of authority

to regulate existing MSW landfills in Indian Country. Therefore, EPA is

not approving this Plan as it relates to those sources.

III. Final Action

Based on the rationale discussed above, EPA is approving the State

of Georgia section 111(d) Plan, as submitted on January 20, 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 the Georgia State Plan or associated

regulations will not be considered part of the applicable plan until

submitted by the Georgia DNR in accordance with 40 CFR 60.28(a) or (b),

as applicable, and until

[[Page 63416]]

approved by EPA in accordance with 40 CFR part 60, subpart B.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the revision

should significant, material, and adverse comments be filed. This

action will be effective January 12, 1999, unless by December 14, 1998,

adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective January 12, 1999.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from review under Executive Order 12866, entitled

Regulatory Planning and Review.

B. Executive Order 13045

This 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.

C. Regulatory Flexibility

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.

Pursuant to section 605(b) of the RFA I certify that this rule will

not have a significant economic impact on a substantial number of small

entities. This Federal action approves pre-existing requirements under

Federal, State, or Local law and imposes no new requirements on any

entity affected by this rule, including small entities. Therefore,

these amendments will not have a significant impact on a substantial

number of small entities.

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

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. 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. 804(2).

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 January 12, 1999. 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: September 21, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

40 CFR part 62 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 L--Georgia

2. Section 62.2600 is amended by adding paragraphs (b)(5) and

(c)(4) to read as follows:

Sec. 62.2600 Identification of plan.

* * * * *

(b) * * *

(5) State of Georgia Plan for Implementation of 40 CFR Part 60,

Subpart Cc, For Existing Municipal Solid Waste Landfills, submitted on

January 20, 1998, by the Georgia Department of Natural Resources.

(c) * * *

(4) Existing municipal solid waste landfills.

3. Subpart L is amended by adding a new Sec. 62.2607 and a new

undesignated center heading to read as follows:

Landfill Gas Emissions From Existing Municipal Solid Waste

Landfills

Sec. 62.2607 Identification of sources.

The plan applies to 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.

[FR Doc. 98-30399 Filed 11-12-98; 8:45 am]

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