Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Maryland; Control of Emissions from Existing Municipal Solid Waste Landfills

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[MD-091-3041a; FRL-6433-7]

Approval and Promulgation of State Plans for Designated

Facilities and Pollutants; Maryland; Control of Emissions from Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves the municipal solid waste (MSW) landfill

111(d) plan submitted by the Air and Radiation Management

Administration, Maryland Department of the Environment (MDE), on March

23, 1999. The plan was submitted to fulfill requirements of the Clean

Air Act (CAA). The Maryland plan establishes emission limits for

existing MSW landfills, and provides for the implementation and

enforcement of those limits.

DATES: This final rule is effective November 8, 1999 unless within

October 8, 1999 adverse or critical comments are received. 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: Comments may be mailed to Walter Wilkie, Acting Chief,

Technical Assessment Branch, Mailcode 3AP22, Environmental Protection

Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this action are available for

public inspection during normal business hours at the following

locations: Air Protection Division, Environmental Protection Agency,

Region III, 1650 Arch Street, Philadelphia, Pennsylvania; and the Air

Radiation Management Administration, Maryland Department of the

Environment, 2500 Broening Highway, Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 814-2190, or

by e-mail at [email protected].

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SUPPLEMENTARY INFORMATION: This document is divided into Sections I--V,

and answers the questions posed below.

I. General provisions

What action is EPA approving?

What is a State 111(d) plan?

What pollutant(s) will this action control?

What are the expected environmental and public health benefits

from controlling landfill gas (LFG) emissions?

II. Federal Requirements the Maryland Department of the Environment

(MDE) 111(d) Plan Must Meet for Approval

What general EPA requirements must the MDE meet to receive

approval of its landfill 111(d) plan?

What does the Maryland plan contain?

Does the Maryland plan meet all EPA requirements for approval?

III. Requirements for Affected MSW Landfill Owners/Operators

How do I determine if my MSW landfill is subject to the Maryland

111(d) plan?

What general requirements must I meet as an affected landfill

owner/operator who is subject to the EPA approved plan?

If my landfill is subject to the plan's requirement for

installation of a LFG collection and control system, what emissions

limits must I meet, and in what timeframe?

Are there any operational requirements for my installed LFG

collection and control system?

What are the testing, monitoring, recordkeeping, and reporting

requirements for my landfill? If I modify or expand the capacity of

my landfill, what additional requirements must I meet?

IV. Final EPA Action

V. Administrative Requirements

I. General Provisions

Question (Q): What action is EPA approving?

Answer (A): We are approving the Maryland landfill 111(d) plan, as

submitted by the Maryland Department of the Environment (MDE) to EPA on

March 23, 1999, for the control of non-methane organic compound (NMOC)

emissions from municipal solid waste (MSW) landfills. We are publishing

this action without prior proposal because we view this as a

noncontroversial amendment and anticipate no adverse comments.

Q: What is a State 111(d) plan?

A: Section 111(d) of the Clean Air Act (CAA) requires that

``designated'' pollutants, controlled under section 111(b) standards of

performance for new stationary sources, must also be controlled at

existing sources (i.e., designated facilities) in the same source

category. Furthermore, section 111(d) requires EPA to establish

procedures for state submittal and EPA approval of state plans that

implement state adopted emissions guidelines (EG) for the control of

designated pollutants and facilities. State 111(d) plans, approved by

EPA, implement and provide for federal enforceability of the EG

requirements.

Q: What pollutant(s) will this action control?

A: The promulgated March 12, 1996 EPA EG (61 FR 9919) are

applicable to existing municipal solid waste (MSW) landfills (i.e., the

designated facilities) that emit landfill gas (LFG). LFG consists

primarily of carbon dioxide, methane, and nonmethane organic compounds

(NMOC). MSW landfills are the largest manmade source of methane

emissions in the United States. The designated pollutant, NMOC, is a

mixture of more than 100 different compounds, including volatile

organic compounds (VOC), and hazardous pollutants (HAP), such as vinyl

chloride, toluene, and benzene. A collateral benefit in the control of

landfill NMOC is the control of methane.

Q: What are the expected environmental and public health benefits

from controlling landfill gas (LFG) emissions?

A: Studies indicate that MSW landfill gas (LFG) emissions at

certain levels can have adverse effects on both public health and

welfare. EPA presented its concerns with the health and welfare effects

of landfill gases in the preamble to the proposed MSW landfill

regulations (56 FR 24468). As noted above, MSW landfills emit NMOC that

contains HAP, and VOC, which include odorous compounds. Exposure to HAP

can lead to cancer, respiratory irritation, and damage to the nervous

system. VOC emissions contribute to the formation of ozone which can

result in adverse affects on human health and vegetation. Methane

contributes to global climate change and can also result in fires or

explosions, if the gas accumulates in structures, on or off the

landfill site. The Maryland 111(d) plan will serve to significantly

reduce these potential problems associated with LFG emissions.

II. Federal Requirements the Maryland Department of the Environment

(MDE) 111(d) Plan Must Meet for Approval

Q. What general requirements must the MDE meet to receive approval

of its landfill 111(d) plan?

A. EPA promulgated detailed procedures for submitting and approving

State plans in 40 CFR part 60, subpart B. Also, EPA promulgated the MSW

landfill EG (subpart Cc) and related NSPS (subpart WWW) on March 12,

1996, and amended them on June 16, 1998 and February 24, 1999. More

specifically, the Maryland plan must meet the requirements of (1) 40

CFR part 60, subpart Cc, sections 60.30c through 60.36c, and the

related subpart WWW; and (2) 40 CFR part 60, subpart B, sections 60.23

through 26.

States were required to submit their MSW landfill 111(d) plans to

EPA on December 12, 1996, pursuant to the provisions of section 111(d)

of the CAA and 40 CFR part 60, subpart B, and the March 16, 1997

promulgated MSW landfill EG, subpart Cc. As a result of litigation over

the landfill rule, 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. Pursuant to the proposed settlement

agreement, EPA published, in the Federal Register, a direct final

rulemaking on June 16, 1998, in which EPA amended 40 CFR part 60,

subparts Cc and WWW, to add clarifying language, make editorial

amendments, and to correct typographical errors. The proposed

settlement did not vacate or void the March 12, 1996 MSW landfill EG or

NSPS. Furthermore, as stated in the June 16, 1998, preamble, the

amendments to 40 CFR part 60, subparts Cc and WWW, do not significantly

modify the requirements of those subparts. See 63 FR 32743-32753,

32783-32784. In part, these amendments clarified the EG regulatory text

with respect to landfill mass and volume applicability and Title V

permit requirements. On February 24, 1999 (64 FR 9258), EPA again

amended the MSW landfill rule to further clarify the regulatory text

and correct errors with respect to the due date for the submittal of

the initial landfill design capacity and emissions rate reports, and

the definition of landfill ``modification.''

Q. What does the Maryland plan contain?

A. Consistent with the requirements of 40 CFR part 60, subparts B

and Cc, as amended, the Maryland plan contains the following:

1. A demonstration of the State's legal authority to implement the

section 111(d) State Plan;

2. COMAR 26.11.19.20 as the enforceable mechanism;

3. A source inventory of known designated facilities, including

NMOC emissions rate estimates;

4. Emission collection and control requirements that are no less

stringent than those in Subpart Cc;

5. A description of the Maryland process for the review and

approval of site-specific gas collection and control design plans;

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6. A source compliance schedule, including increments of progress,

that requires final compliance no later than 30 months from the date

the NMOC emissions rate was first calculated to be 55 tons (50

megagrams) or more per year;

7. Source testing, monitoring, recordkeeping, and reporting

requirements;

8. Records of the public hearings on the State Plan; and

9. A provision for State submittal to EPA of annual reports on

progress in plan enforcement.

On February 5, 1998, the MDE adopted a regulation, Code of Maryland

Regulation (COMAR) 26.11.19.20, Control of Landfill Emissions from

Municipal Solid Waste Landfills. The regulation applies to existing MSW

landfills and incorporates by reference (IBR) related and applicable

subpart WWW requirements. On March 2, 1999, Maryland adopted COMAR

26.11.19.20 amendments to ensure that the MDE reporting, calculation

methods, and all other requirements were consistent with EPA guidance.

Q: Does the Maryland plan meet all EPA requirements for approval?

A: Yes. The MDE has submitted a 111(d) plan that conforms to all

EPA subpart B and Cc requirements cited above. Each of the above listed

plan elements is approvable. Details regarding the approvability of

plan elements are included in the technical support document (TSD)

associated with this action. A copy of the TSD is available, upon

request, from the EPA Regional Office listed in the ADDRESSES section

of this document.

The plan includes an amended MDE landfill regulation that

incorporates a substantive provision of the EPA June 1998 EG

amendments. Specifically, the MDE landfill rule establishes a landfill

applicability requirement, consistent with the amendments, based on

landfill mass ``and'' volume. Furthermore, the MDE has submitted a

letter to EPA confirming that its Title V permitting requirements are

also consistent with those of the June 1998 EG amendments, and its July

1996 EPA approved Title V Program (61 FR 34739).

Other substantive EPA EG amendments relate to the definition of

landfill ``modification'' and the due date for submittal of the initial

design capacity and emission rate reports. These two amendments were

further clarified by EPA's February 24, 1999 EG technical amendments.

The MDE has not submitted a 111(d) plan revision that incorporates the

provisions of the February 24, 1999 EG amendments. With respect to the

definition of landfill ``modification,'' the amendments have

significance only when the landfill NSPS applicability requirements are

triggered. Therefore, the State need not incorporate this definition

into its MSW regulation 111(d) plan definitions. NSPS requirements are

self-implementing. However, when considering the due date for submittal

of the initial design capacity and emissions rate reports, it is

important to note that subpart B, 60.24(g)(2) allows states to impose

compliance schedules requiring final compliance at earlier times than

those specified in the EG. Although, the Annotated Code of Maryland

section 2-302 contains language restricting the stringency of the air

quality standards and emission standards, there is no reference to

compliance schedules. Accordingly, the MDE has the authority to impose

earlier reporting and compliance requirements than those stipulated in

the EG.

III. Requirements for Affected MSW Landfill Owners/Operators

Q: How do I determine if my MSW landfill is subject to the Maryland

111(d) plan?

A: If your MSW landfill was constructed, reconstructed or modified

before May 30, 1991, and received MSW on or after November 8, 1987,

then it is subject to the 111(d) plan.

Q: What general requirements must I meet as an affected landfill

owner/operator who is subject to the EPA approved plan?

A: The plan requires you to submit an initial design capacity

report, and possibly a NMOC emissions rate report. If the design

capacity of your landfill is equal to or greater than 2,750,000 tons

(2.5 million megagrams) and 3,260,000 cubic yards (2.5 million cubic

meters) of MSW, the plan requires you to also submit, concurrently with

the design capacity report, an initial NMOC emissions rate report. The

NMOC emissions rate must be calculated according to methods specified

in the regulation. If your calculated landfill NMOC emissions rate is

55 tons (50 megagrams) or more per year, you are required to install a

MSW landfill gas collection and control system that meets design and

operational requirements specified in COMAR 26.11.19.20.G, which IBR

all related and applicable NSPS requirements.

Q: If my landfill is subject to the plan's requirement for

installation of a LFG collection and control system, what emissions

limits must I meet, and in what timeframe?

A: You must install a landfill gas collection and control system to

reduce the collected NMOC emissions by 98 weight-percent, or reduce the

emissions from the control device to a concentration of 20 parts per

million by volume, or less, for an enclosed combustor. The installation

of the required collection and control system must be completed within

30 months from the date the NMOC emission rate was first calculated to

be 55 tons (50 megagrams) or more per year. Details regarding

compliance schedules are stipulated in COMAR 26.11.19.20.E and H(1).

Q: Are there any operational requirements for my installed LFG

collection and control system?

A: Yes, there are operational requirements. These requirements are

summarized below:

1. Operate the collection system wellheads at negative pressure;

2. Operate the interior collection wellheads with a landfill gas

temperature less than 55 deg.C and with either a nitrogen level less

than 20 percent or an oxygen level less than 5 percent;

3. Operate the collection system so that the methane gas

concentration is less than 500 parts per million above background at

the surface of the landfill;

4. Operate the collection system so that the colleted gases are

vented to the control system; and

5. Operate the collection and control system at all times.

Details regarding all operational requirements are stipulated at

COMAR 26.11.19.20.G(3), which IBR the related and applicable NSPS

requirements.

Q: What are the testing, monitoring, recordkeeping, and reporting

requirements for my landfill?

A: Your testing, monitoring, recordkeeping, and reporting

requirements are summarized below:

1. Performance testing, to determine compliance with 98 weight-

percent efficiency, or the 20 ppmv outlet concentration level, must be

completed within 180 days after construction completion on the

collection and control system. Performance and source test methods must

be consistent with EPA test methods, as referenced in the MDE landfill

regulation.

2. Monitoring of control devise temperature on a continuous basis

is required for enclosed combustion control devices, and flares.

Measurement of the gas flow rate from the collection system to an

enclosed combustion device, or flare, is required at least once every

15 minutes, unless the bypass line valves are secured in a closed

position. Monthly monitoring requirements are specified in the

regulation for the gas collection system. Gas wellhead monitored

parameters

[[Page 48717]]

include gauge pressure, nitrogen or oxygen concentration, and

temperature. Quarterly monitoring is required of methane gas surface

concentrations.

3. Reporting requirements are stipulated for landfill design

capacity and NMOC emissions rates; submittal of a collection and

control system design plan; system start-up; performance testing;

system operations; closure notification; and equipment removal.

4. On-site recordkeeping is required with respect to maximum design

capacity, current amount of solid waste in-place, year-by-year waste

acceptance rate; life of the control equipment, as measured during the

initial performance test or compliance determination; and control

device specifications until removal.

Details regarding testing, monitoring, recordkeeping, and reporting

requirements are stipulated in COMAR 26.11.19.20.D, F, G, and H, which

IBR all related and applicable NSPS requirements.

Q: If I modify or expand the capacity of my landfill, what

additional requirements must I meet?

A: Any MSW landfill that commences construction, modification, or

reconstruction on or after May 30, 1991 is subject to the EPA NSPS for

landfills, 40 CFR part 60, subpart WWW.

IV. Final EPA Action

Based upon the rationale discussed above and in further detail in

the TSD associated with this action, EPA is approving the Maryland MSW

landfill 111(d) plan for the control of landfill gas emissions from

affected facilities. As provided by 40 CFR 60.28(c), any revisions to

the Maryland section 111(d) plan or associated regulations will not be

considered part of the applicable plan until submitted by the MDE in

accordance with 40 CFR 60.28 (a) or (b), as applicable, and until

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

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 111(d) plan should

relevant adverse or critical comments be filed. This rule will be

effective November 8, 1999 without further notice unless the Agency

receives relevant adverse comments by October 8, 1999. If EPA receives

such comments, then EPA will publish a document withdrawing the final

rule and informing the public that the rule will 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 this rule. Only parties interested in commenting on

this rule should do so at this time. If no such comments are received,

the public is advised that this rule will be effective on November 8,

1999 and no further action will be taken on the proposed rule.

V. Administrative Requirements

A. Executive Order 12866

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

regulatory action from review under E.O. 12866, entitled ``Regulatory

Planning and Review.'' Because today's rule does not create a mandate

on state, local or tribal governments, it does not impose any

enforceable duties on these entities. Accordingly, the requirements of

section 1(a) of E.O. 12875 do not apply to this rule. This final rule

is not subject to E.O. 13045 because it is not an economically

significant regulatory action as defined by E.O. 12866, and it does not

address an environmental health or safety risk that would have a

disproportionate effect on children. Today's rule does not

significantly or uniquely affect the communities of Indian tribal

governments. This action does not involve or impose any requirements

that affect Indian Tribes. Accordingly, the requirements of section

3(b) of E.O. 13084 do not apply to this rule. Under the Regulatory

Flexibility Act (RFA), because the Federal 111(d) 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.

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), EPA has determined that the approval

action promulgated does not include a Federal mandate that may result

in estimated annual costs of $100 million or more to either State,

local, or tribal governments in the aggregate, or to the private

sector.

B. Submission to Congress and the General Accounting Office

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 this rule in today's Federal Register. This rule is

not a ``major rule'' as defined by 5 U.S.C. 804(2).

C. 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 November 8, 1999. Filing a petition for

reconsideration by the Administrator of this final rule pertaining to

the Maryland MSW landfill 111(d) plan 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, Air pollution control, Non-methane

organic compounds, Methane, Municipal solid waste landfills, Reporting

and recordkeeping requirements.

Dated: August 30, 1999.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

40 CFR Part 62, Subpart I, 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 V--Maryland

2. Subpart V is amended by adding an undesignated center heading

and sections 62.5150, 62.5151, and 62.5152 to read as follows:

Landfill Gas Emissions from Existing Municipal Solid Waste Landfills

(Section 111(d)) Plan)

Sec. 62.5150 Identification of plan.

On March 23, 1999, the Maryland Department of the Environment

submitted to the Environmental Protection Agency a 111(d) Plan to

implement and enforce the requirements of 40 CFR part 60, subpart Cc,

Emissions Guidelines for Municipal Solid Waste Landfills.

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Sec. 62.5151 Identification of sources.

The plan applies to all Maryland existing municipal solid waste

landfills for which construction, reconstruction, or modification was

commenced before May 30, 1991 and 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. 62.5152 Effective date.

The effective date of the plan for municipal solid waste landfills

is November 8, 1999.

[FR Doc. 99-23189 Filed 9-7-99; 8:45 am]

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