[Federal Register Volume 65, Number 60 (Tuesday, March 28, 2000)]
[Rules and Regulations]
[Pages 16320-16323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7619]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[Docket No. ID-01-0001; FRL-6566-2]
Approval and Promulgation of Municipal Solid Waste Landfills
State Plan for Designated Facilities and Pollutants: Idaho
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the State of Idaho's section 111(d) State
Plan for controlling emissions from existing Municipal Solid Waste
(MSW) Landfills. The plan was submitted on December 16, 1999, to
fulfill the requirements of section 111(d) of the Clean Air Act. The
State Plan adopts and implements the Emissions Guidelines applicable to
existing MSW Landfills, and establishes emission limits and controls
for sources which commenced construction, reconstruction, or
modification before May 30, 1991. EPA has determined that Idaho's State
Plan meets CAA requirements and hereby approves this State Plan, thus
making it federally enforceable.
DATES: This action will be effective on May 30, 2000 without further
notice, unless EPA receives relevant adverse comments by April 27,
2000. If EPA receives such comments, then it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that this rule will not take effect.
ADDRESSES: Written comments should be addressed to: Catherine Woo, US
EPA, Region X, Office of Air Quality (OAQ-107), 1200 Sixth Avenue,
Seattle, Washington 98101.
Copies of materials submitted to EPA may be examined during normal
business hours at the following location: US EPA, Region X, Office of
Air Quality, 1200 Sixth Avenue, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT: Catherine Woo, US EPA, Region X,
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington
98101, (206) 553-1814.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever we, us or
our is used, this refers to EPA. Information regarding this action is
presented in the following order:
I. EPA Action
What action is EPA taking today?
Why is EPA taking this action?
Who is affected by Idaho's State Plan?
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How does this approval affect sources located in Indian Country?
How does this approval relate to the Federal Plan?
II. Background
What is a State Plan?
What is a MSW Landfills State Plan?
Why are we requiring Idaho to submit a MSW Landfills State Plan?
What are the requirements for a MSW Landfills State Plan?
III. Idaho's State Plan
What is contained in the Idaho State Plan?
What approval criteria did we use to evaluate Idaho's State
Plan?
IV. EPA Rulemaking Action
V. Administrative Requirements
I. EPA Action
What Action Is EPA Taking Today?
We are approving the State of Idaho's section 111(d) State Plan for
controlling emissions from existing Municipal Solid Waste (MSW)
Landfills. Idaho submitted its State Plan on December 16, 1999, to
fulfill the requirements of section 111(d) of the Clean Air Act (CAA).
The State Plan adopts and implements the Emissions Guidelines (EG)
applicable to existing MSW Landfills, and establishes emission limits
and controls for sources which commenced construction, reconstruction,
or modification before May 30, 1991. This approval, once effective,
will make the Idaho MSW Landfills rules included in the plan federally
enforceable.
Why Is EPA Taking This Action?
We have evaluated Idaho's MSW Landfills State Plan for consistency
with the CAA, EPA guidelines and policy. We have determined that
Idaho's State Plan meets all requirements, and, therefore, we are
approving Idaho's plan to implement and enforce the standards
applicable to existing MSW Landfills.
Who Is Affected by Idaho's State Plan?
Idaho's State Plan regulates all the sources designated by EPA's EG
for existing MSW Landfills which commenced construction,
reconstruction, or modification before May 30, 1991. If your facility
meets this criteria, then you are subject to these regulations.
How Does This Approval Affect Sources Located in Indian Country?
Idaho's State Plan does not cover facilities located in Indian
Country. Therefore, any sources located in Indian Country are subject
to the Federal plan (see below).
How Does This Approval Relate to the Federal Plan?
On November 8, 1999, we finalized a Federal Plan for MSW Landfills
which covers sources located in Indian Country and sources for which
there is no approved State Plan. This plan is codified at 40 CFR part
62, subpart GGG, and became effective on January 7, 2000. All existing
MSW Landfills in Idaho, including those in Indian Country, are
currently subject to the requirements in this Federal Plan (see 64 FR
60689, November 8, 1999). However, as of the effective date of this
action approving Idaho's MSW Landfills State Plan, existing MSW
Landfills within Idaho's jurisdiction will be subject to Idaho's State
Plan, and will no longer be subject to the Federal Plan. Furthermore,
MSW Landfills located in Indian Country are currently subject to the
Federal Plan and will continue to be subject to the Federal Plan only.
II. Background
What Is a State Plan?
Section 111 of the CAA, ``Standards of Performance for New
Stationary Sources,'' authorizes us to set air emissions standards for
certain categories of sources. These standards are called New Source
Performance Standards (NSPS). When a NSPS is promulgated for new
sources, section 111(d) also requires that we publish an EG applicable
to the control of the same pollutant from existing (designated)
facilities. States with designated facilities must then develop a State
Plan to adopt the EG into the State's body of regulations. States must
also include in their State Plan other elements, such as inventories,
legal authority, and public participation documentation, to demonstrate
their ability to enforce the State Plans.
What Is a MSW Landfills State Plan?
A MSW Landfills State Plan is a State Plan (as described above)
that controls air pollutant emissions from existing Municipal Solid
Waste Landfills.
Why Are We Requiring Idaho To Submit a MSW Landfills State Plan?
When we developed NSPS for MSW Landfills, we simultaneously
developed the EG to control air emissions from existing MSW Landfills
(see 61 FR 9919, March 12, 1996). Under section 111(d) of the CAA, the
EG are not federally enforceable; therefore, section 111(d) of the CAA
also requires states to submit to EPA for approval State Plans that
implement and enforce the EG. These State Plans must be at least as
protective as the EG, and they become federally enforceable upon
approval by EPA. The procedures for adopting and submitting State Plans
are located in 40 CFR part 60, subpart B. If a State fails to have an
approvable plan in place by December 12, 1996, the EPA is required to
promulgate a Federal plan to establish requirements for those sources
not under an EPA-approved State Plan. EPA promulgated a Federal Plan
for MSW Landfills on November 8, 1999. Existing MSW Landfills are
subject to the Federal Plan until the State Plan is approved and in
effect.
What Are the Requirements for a MSW Landfills State Plan?
A section 111(d) State Plan submittal must meet the requirements of
40 CFR part 60, subpart B, Secs. 60.23 through 60.26; 40 CFR part 60,
subpart Cc, Secs. 60.30(c) through 60.36(c); and it must be consistent
with the requirements established in the Federal Plan for MSW
Landfills. Subpart B contains the procedures for adoption and submittal
of State Plans. This subpart addresses public participation, legal
authority, emission standards and other emission limitations,
compliance schedules, emission inventories, source surveillance, and
compliance assurance and enforcement requirements. EPA promulgated the
EG as 40 CFR part 60, subpart Cc on March 12, 1996, and amended the EG
on June 16, 1998, and February 24, 1999. Subpart Cc contains the
technical requirements for existing MSW Landfills and applies to
sources which commenced construction, reconstruction, or modification
before May 30, 1991. A State will generally address the MSW Landfills
technical requirements by adopting by reference subpart Cc. The Federal
Plan also contains the technical requirements for existing MSW
Landfills with the same applicability. EPA promulgated the MSW
Landfills Federal Plan on November 8, 1999. The section 111(d) state
plan is required to be submitted within one year of the EG promulgation
date, i.e., by December 12, 1996. Prior to submittal to us, the State
must make available to the public the State Plan and provide
opportunity for public comment. For States that submit their State
Plans after December 12, 1996, the requirements within their State
Plans (including compliance timelines) must be as protective as the
Federal Plan. Idaho has developed and submitted a State Plan, as
required by section 111(d) of the CAA, to gain federal approval to
implement and enforce the MSW Landfills EG.
III. Idaho's State Plan
What Is Contained in the Idaho State Plan?
The State of Idaho submitted its section 111(d) State Plan on
December
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16, 1999, for implementing EPA's EG for existing MSW Landfills. Idaho
adopted the EG requirements into IDAPA 16.01.01.860 (effective November
19, 1999) entitled, ``Emission Guidelines for Municipal Solid Waste
Landfills That Commenced Construction, Reconstruction, Or Modification
Before May 30, 1991.'' Idaho's section 111(d) Plan contains:
(1) A demonstration of the State's legal authority to implement the
section 111(d) State Plan;
(2) State Rules adopted into 16.01.01.860 as the mechanism for
implementing and enforcing the State Plan;
(3) Emission inventories of all Idaho's applicable sources. There
are over 100 existing MSW Landfills in Idaho's inventory, including
several closed facilities which are subject to the initial reporting
requirements of the EG and the procedures for notification of
modification as prescribed under 40 CFR 60.7(a)(4). Many of the listed
landfills will not exceed the design capacity threshold for which
compliance requirements have been established. These landfillls will
only be required to submit their initial design capacity reports and
their initial emission rate reports. In these inventories, all
designated pollutants have been identified and data have been provided
for each;
(4) Emission limits that are as protective as the EG;
(5) Enforceable compliance schedules for all sources which will
take more than 12 months from the effective date of the State Plan to
comply with all emission standards. The State Plan also indicates
within its regulations a final compliance date which is at least as
protective as the date required by the Federal Plan;
(6) Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
(7) Records for the public notice and hearing; and
(8) Provisions for Idaho's progress reports to EPA.
What Approval Criteria Did We Use To Evaluate Idaho's State Plan?
We reviewed Idaho's MSW Landfills State Plan for approval against
the following criteria: 40 CFR part 60, subpart B, Secs. 60.23 through
60.26; 40 CFR part 60, subpart Cc, Secs. 60.30(c) through 60.36(c); and
the Federal Plan for MSW Landfills. A detailed discussion of our
evaluation of Idaho's State Plan is included in our technical support
document located in the official file for this action and available
from the EPA contact listed above. We have determined that Idaho's MSW
Landfills State Plan meets all of the applicable approval criteria.
IV. EPA Rulemaking Action
We are approving, through direct final rulemaking action, Idaho's
section 111(d) State Plan for MSW Landfills. EPA is publishing this
action without prior proposal because the Agency views this as a
noncontroversial action 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 Idaho State Plan should relevant adverse comments be filed.
This action will be effective on May 30, 2000 without further notice,
unless EPA receives relevant adverse comments by April 27, 2000.
If EPA receives such comments, then it will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. All public comments received
will then be addressed in a subsequent final rule based on the proposed
rule. EPA will not institute a second comment period. 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
May 30, 2000 and no further action will be taken on the proposed rule.
V. Administrative Requirements
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action,'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this rule also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
In reviewing State Plan submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a State Plan submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA, when it reviews a
State Plan submission, to use VCS in place of a State Plan submission
that otherwise satisfies the provisions of the Clean Air Act. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
B. 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
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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).
C. 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 May 30, 2000. 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, Non-methane organic compounds, Reporting and
recordkeeping requirements.
Dated: March 14, 2000.
Chuck Clarke,
Regional Administrator, Region 10.
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 N--Idaho
2. Subpart N is amended by adding Sec. 62.3120 and an undesignated
center heading to read as follows:
* * * * *
Control of Non-Methane Organic Compounds Emissions From Existing
Municipal Solid Waste Landfills
Sec. 62.3120 Identification of plan.
(a) The Idaho Division of Environmental Quality submitted to the
Environmental Protection Agency a State Plan for the control of air
emissions from Municipal Solid Waste Landfills on December 16, 1999.
(b) Identification of Sources: The Idaho State Plan applies to all
existing Municipal Solid Waste Landfills which commenced construction,
reconstruction, or modification before May 30, 1991, as described in 40
CFR part 60, subpart Cc. (This plan does not apply to facilities on
tribal lands).
(c) The effective date for the portion of the plan applicable to
existing Municipal Solid Waste Landfills is May 30, 2000.
[FR Doc. 00-7619 Filed 3-27-00; 8:45 am]
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