[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Proposed Rules]
[Pages 17321-17325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8686]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[Region 2 Docket No. PR8-239, FRL-7169-5]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Commonwealth of Puerto Rico

AGENCY: Environmental Protection Agency.

ACTION: Proposed Rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the Section 111(d) plan submitted by the Commonwealth of Puerto 
Rico, for the purpose of implementing and enforcing the emission 
guidelines for existing municipal solid waste landfills. The plan was 
submitted to fulfill requirements of the Clean Air Act (the Act). The 
Puerto Rico plan establishes emission limits for existing municipal 
solid waste landfills, and provides for the implementation and 
enforcement of those limits.

DATES: Comments must be received on or before May 10, 2002.

ADDRESSES: Comments should be mailed to Raymond W. Werner, Chief, Air 
Programs Branch, Environmental Protection Agency, Region II, 290 
Broadway, 25th Floor, New York, NY 10007-1866. Copies of the documents 
relevant to this action are available for public inspection during 
normal business hours at the following locations: Division of 
Environmental Planning and Protection, Air Programs Branch, 
Environmental Protection Agency, Region II, 290 Broadway, 25th Floor, 
New York, NY 10007-1866; Environmental Protection Agency, Region II, 
Caribbean Environmental Protection Division, Centro Europa Building, 
Suite 417, 1492 Ponce De Leon Avenue, Stop 22, San Juan, Puerto Rico 
00907-4127; and the Puerto Rico Environmental Quality Board, National 
Plaza Building, 431 Ponce De Leon Avenue, Hato Rey, Puerto Rico.

FOR FURTHER INFORMATION CONTACT: Demian P. Ellis at (212) 637-3713, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This document is divided into Sections I--V, 
and answers the questions posed below:

I. General Provisions

     What action is being taken by the Environmental 
Protection Agency (EPA) today?
     What is a State 111(d) plan?
     What pollutants will this action control?
     What are the expected environmental and public health 
benefits from controlling municipal solid waste (MSW) landfill gas 
emissions?

II. Federal Requirements the Puerto Rico 111(d) Plan Must Meet for 
Approval

     What general EPA requirements must Puerto Rico meet to 
receive approval of its MSW landfill 111(d) plan?
     What does the Puerto Rico plan contain?
     Does the Puerto Rico plan meet all EPA requirements for 
approval?

III. Requirements for Affected MSW Landfill Owners/Operators Must Meet

     How does a MSW landfill determine if it is subject to 
the Puerto Rico 111(d) plan?
     What general requirements must a facility meet as an 
affected landfill owner/operator that is subject to the EPA approved 
Puerto Rico plan?
     If a landfill is subject to the plan's requirement for 
installation of a landfill gas collection and control system, what 
emissions limits must it meet, and in what time frame?
     Are there any operational requirements for an installed 
landfill gas collection and control system?
     What are the testing, monitoring, record keeping, and 
reporting requirements for a landfill?
     Is a landfill owner/operator required to apply for a 
Title V permit?
     If the capacity of a landfill is modified or expanded, 
what additional requirements must it meet?

IV. Conclusion

V. Administrative Requirements

I. General Provisions

What Action Is Being Taken by the EPA Today?

    EPA is proposing to approve the Commonwealth of Puerto Rico MSW 
landfill Clean Air Act (the Act) Section 111(d) plan, as submitted by 
the Puerto Rico Environmental Quality Board

[[Page 17322]]

(EQB), on February 20, 2001, for the implementation of EPA's emission 
guidelines for existing municipal solid waste (MSW) landfills. Once the 
state plan is approved, affected sources will become subject to the 
state plan and no longer be subject to the federal plan.

What Is a State 111(d) Plan?

    A State 111(d) plan is a plan which implements emission guidelines 
for designated pollutants and facilities. Under Section 111(d), EPA is 
required to establish procedures for state submittal and EPA approval 
of state plans that implement state adopted emissions guidelines, 
promulgated by EPA, for the control of designated pollutants and 
facilities. State plans, when approved by EPA, implement and provide 
for federal enforcement of the emission guidelines requirements. For 
the purposes of the Act, Puerto Rico is treated as a state.

What Pollutants Will This Action Control?

    The emission guidelines promulgated by EPA on March 12, 1996 (61 FR 
9919) are applicable to existing MSW landfills (i.e., the designated 
facilities) that emit landfill gas. Landfill gas consists primarily of 
carbon dioxide, methane, and nonmethane organic compounds (NMOC). MSW 
landfills are the largest man made 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 air pollutants (HAP), such as vinyl chloride, 
toluene, and benzene. A collateral benefit in the control of landfill 
NMOC is the control of methane.

What Are the Expected Environmental and Public Health Benefits From 
Controlling Landfill Gas Emissions?

    Studies indicate that MSW landfill gas emissions at certain levels 
can have adverse effects on both public health and welfare. EPA 
presented its concerns regarding the health and welfare effects of 
landfill gases in the preamble to the MSW landfill regulations (61 FR 
9905). As noted above, MSW landfills emit NMOC that contains HAP, and 
VOC, including 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 physical structures on or off the landfill site. The 
Puerto Rico 111(d) plan will serve to significantly reduce these 
potential problems associated with landfill gas emissions.

II. Federal Requirements Puerto Rico's 111(d) Plan Must Meet for 
Approval

What General EPA Requirements Must Puerto Rico Meet To Receive Approval 
of Its 111(d) Plan (the ``plan'')?

    EPA promulgated detailed procedures for submitting and approving 
State plans in 40 CFR part 60, subpart B. Also, EPA promulgated the MSW 
landfill emission guidelines (subpart Cc) and a related NSPS (subpart 
WWW) on March 12, 1996, and amended them both on June 16, 1998 and 
February 24, 1999. The Puerto Rico plan must meet the requirements of 
(1) 40 CFR part 60, subpart Cc, 60.30c through 60.36c, and the related 
subpart WWW. In addition, under 40 CFR part 60, subpart B, 60.23 
through 26, a state plan submitted for EPA approval under the landfill 
emission guidelines must demonstrate that it has adequate resources and 
the legal authority to administer and enforce the program. The EQB has 
made such a demonstration.
    States were required to submit their MSW landfill 111(d) plans to 
EPA on December 12, 1996. 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, 42 
U.S.C. Section 7413(g). See 62 FR 60898, November 13, 1997. 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, to make editorial amendments, and to correct typographical 
errors. The proposed settlement did not vacate or void the March 12, 
1996 MSW landfill emission guidelines or NSPS. See 63 FR 32743-32753, 
32783-32784. In part, these amendments clarified the emission 
guidelines regulatory text with respect to landfill applicability 
(i.e., mass and volume) and Title V permit requirements. On February 
24, 1999 (64 FR 9258), EPA 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.'' In summary, these amendments result in four 
substantive emission guidelines changes: (1) Landfill mass ``and'' 
volume applicability threshold language, (2) timely Title V permit 
applications, (3) the definition of landfill ``modification,'' and (4) 
the due date for submittal of initial design capacity and NMOC 
emissions rate reports. Additional technical corrections to the NSPS 
were published on April 10, 2000 (65 FR 18906).

What Does the Puerto Rico Plan Contain?

    Consistent with the requirements of subparts B and Cc, as amended, 
the Puerto Rico Plan contains the following:
    1. A demonstration of the Commonwealth's legal authority to 
implement the Section 111(d) plan;
    2. A demonstration of the Commonwealth's legal authority to enforce 
the Section 111(d) plan;
    3. A list of known MSW landfills including NMOC emissions rate 
estimates;
    4. A regulation requiring installation of emission collection and 
control equipment which is no less stringent than the requirements in 
subpart Cc;
    5. A description of the process Puerto Rico will use to review and 
approve site-specific gas collection and control design plans;
    6. Compliance schedules for each source that requires final 
compliance no later than that required in EPA's November 8, 1999 
Federal 111(d) plan (64 FR 60703), to which Puerto Rico is currently 
subject;
    7. Requirements for sources to test, monitor, keep records, and 
report to Puerto Rico;
    8. Records of the public hearings on the Commonwealth's Plan; and
    9. A provision for the Commonwealth's submittal to EPA of annual 
reports on Puerto Rico's progress in the enforcement of its plan.
    The reader is referred to the technical support document (TSD) for 
further details on Puerto Rico's plan.

Does the Puerto Rico Plan Meet All EPA Requirements for Approval?

    Yes. EPA has reviewed Puerto Rico's Section 111(d) plan for 
existing MSW landfills against the requirements of 40 CFR part 60, 
subparts B and Cc and finds that it has satisfied the requirements for 
a MSW landfill 111(d) plan submittal.
    Although an issue regarding applicability and enforceability had 
been previously identified, Puerto Rico has addressed this issue to 
EPA's satisfaction. Specifically, Puerto Rico had inadvertently omitted 
certain language from the definition of ``modification'' included in 
the

[[Page 17323]]

emission guidelines (as revised on February 24, 1999). To address this 
issue, Puerto Rico subsequently revised its definition to conform with 
the complete definition provided in the emission guidelines. Therefore, 
EPA is proposing to approve the Puerto Rico plan. Details regarding the 
approvability of plan elements are included earlier in this notice and 
in the 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.

III. Requirements That Affected MSW Landfill Owners/Operators Must 
Meet

How Does a MSW Landfill Determine if It Is Subject to the Puerto Rico 
111(d) Plan?

    If a facility commenced construction, reconstruction, or 
modification of its MSW landfill before May 30, 1991, and has accepted 
waste at any time since November 8, 1987, or the landfill has added 
capacity for future waste deposition, then it is subject to the 111(d) 
plan requirements.

What General Requirements Must a Facility Meet as an Affected Landfill 
Owner/Operator That Is Subject to the EPA Approved Puerto Rico Plan?

    The plan requires a facility to submit an initial design capacity 
report, and possibly a NMOC emissions rate report. If the design 
capacity of the landfill is equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters of MSW, the plan requires the 
facility to also submit, concurrently with the design capacity report, 
an initial NMOC emissions rate report. Puerto Rico is currently subject 
to the federal landfill plan, 40 CFR part 62, subpart GGG. As required 
under 40 CFR 62.14355(a) of the Federal landfill 111(d) plan, both the 
initial design capacity and NMOC emissions rate reports were due April 
6, 2000. The initial NMOC and any subsequent emissions rate 
determinations are required to be calculated according to methods 
specified in the regulation. If the facility's calculated landfill NMOC 
emissions rate were 50 megagrams per year, or more, then it is required 
to install a MSW landfill gas collection and control system that meets 
the design and operational requirements specified in Part VII, which 
incorporates all the pertinent requirements in 40 CFR 60.759 and 
60.753. 40 CFR 62.14352(e) of the federal plan also requires that all 
Title V permitting applications for landfills with a design capacity 
equal to or above 2.5 million megagrams and 2.5 million cubic meters 
were to have been submitted by April 6, 2001. Facilities, as a 
courtesy, should send copies of the NMOC emission rate reports, initial 
design capacity report, and Title V permit application required under 
the federal plan to the Puerto Rico Environmental Quality Board. Any 
compliance timelines which were triggered by the submittal of an 
initial NMOC emission rate report under the federal plan do not change 
as a result of EPA's action today.

If a Landfill Is Subject to the Plan's Requirement for Installation of 
a Landfill Gas Collection and Control System, What Emissions Limits 
Must It Meet, and in What Time Frame?

    A facility 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. A 
landfill's final compliance date and the related increments of progress 
are dependent upon when its annual emissions rate report initially 
shows that NMOC emissions are 50 megagrams per year or more. Based on 
the Puerto Rico plan requirements (which are at least as stringent as 
the Federal plan requirements at 40 CFR 62.14356(a) and (c), except as 
provided in 40 CFR 62.14356(d)), a landfill must meet the following 
compliance schedule and increments of progress:

                                 Compliance Schedule and Increments of Progress
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                Increment                                   Action                        Compliance date *
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Increment 1..............................  Submit a final control plan.............  1 year after report.
Increment 2..............................  Award Contracts.........................  20 months after report.
Increment 3..............................  Initiate on-site construction...........  24 months after report.
Increment 4..............................  Complete on-site construction...........  30 months after report.
Increment 5..............................  Final compliance........................  30 months after report.
Increment 6..............................  Performance test........................  36 months after report.
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* Report refers to the initial NMOC emission rate report or the first annual emission rate report showing NMOC
  emissions  50 megagrams per year. The initial NMOC emission rate report is due 90 days after
  effective date of the Federal Plan or April 6, 2000.

    For a landfill with an initial NMOC emission rate report showing 50 
megagrams per year, its final compliance date according to the Puerto 
Rico plan (which incorporates the the federal compliance schedule and 
increments of progress) is October 6, 2002.

Are There Any Operation Requirements for an Installed Landfill Gas 
Collection and Control System?

    Yes, there are operational requirements. The operational 
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 550 degrees Celsius 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 by volume 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 in 40 
CFR part 60, subpart WWW, 40 CFR 60.753.

What Are the Testing, Monitoring, Record Keeping, and Reporting 
Requirements for a Landfill?

    A landfill's testing, monitoring, record keeping, and reporting 
requirements are summarized below:
    Performance testing, to determine compliance with 98 weight-percent 
efficiency or the 20 parts per million by volume (ppmv) outlet 
concentration level, must be completed within 180 days after 
construction completion on the collection and control system. Testing 
methods must be consistent

[[Page 17324]]

with EPA source test methods referenced in the PREQB landfill 
regulation.
    Monitoring 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 include gauge pressure, 
nitrogen or oxygen concentration, and temperature. Quarterly monitoring 
is required of NMOC surface concentrations.
    Reporting requirements relate to landfill design capacity and NMOC 
emission rates; submittal of a collection and control system design 
plan; and system start-up, performance testing, operations, closure 
notification, and equipment removal. Records must be kept on-site of 
maximum design capacity, current amount of solid waste in-place, year-
by-year waste acceptance rate; up-to-date readily accessible records 
for the life of the control equipment of certain data measured during 
the initial performance test or compliance determination; and control 
device vendor specifications until removal. Details regarding testing, 
monitoring, record keeping, and reporting requirements within the 
emission guidelines reference the corresponding sections in the NSPS, 
40 CFR part 60, subpart WWW in 40 CFR 60.754, 60.755, 60.756, and 
60.757.

Is a Landfill Owner/Operator Required To Apply for a Title V Permit?

    As stated previously, if a landfill's design capacity is equal to 
or greater than 2.5 million megagrams and 2.5 million cubic meters, as 
provided under 40 CFR 62.14352(e) of the federal plan, it was required 
to apply for a Title V permit no later than April 6, 2001.

If the Capacity of a Landfill Is Modified or Expanded, What Additional 
Requirements Must It Meet?

    Any MSW landfill that commences construction, modification, or 
reconstruction on or after May 30, 1991 becomes subject to the EPA new 
source performance standards (NSPS) for landfills, 40 CFR part 60, 
subpart WWW.

IV. Conclusion

    EPA has reviewed Puerto Rico's MSW 111(d) plan and finds that it 
satisfies all the requirements for a 111(d) plan submittal. Therefore, 
based upon the rationale discussed herein and in further detail in the 
TSD associated with this action, EPA is proposing to approve the Puerto 
Rico MSW landfill 111(d) plan. Upon final approval of the Puerto Rico 
111(d) plan for landfills, the Federal plan promulgated on November 8, 
1999, will no longer apply in Puerto Rico. As provided by 40 CFR 
60.28(c), any revisions to the Puerto Rico Section 111(d) plan or 
associated regulations will not be considered part of the applicable 
plan until submitted by the EQB 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.

V. Administrative Requirements

Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

Paperwork Reduction Act

    This action will not impose any collection information subject to 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
other than those previously approved and assigned OMB control number 
2060-0220. For additional information concerning these requirements, 
see 40 CFR 60.35c. An agency may not conduct or sponsor, and a person 
is not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.

Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

Executive Order 13132

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by state and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.''
    Under section 6(b) of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by state and local governments, or EPA 
consults with state and local officials early in the process of 
developing the proposed regulation. Under section 6(c) of Executive 
Order 13132, EPA may not issue a regulation that has federalism 
implications and that preempts state law, unless the Agency consults 
with state and local officials early in the process of developing the 
proposed regulation.
    EPA has concluded that this rule does not have federalism 
implications. Thus, the requirements of sections 6(b) and 6(c) of the 
Executive Order do no apply to this rule.

Executive Order 13175

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

[[Page 17325]]

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.
    This rule will not have a significant impact on a substantial 
number of small entities because such businesses have already been 
subject to the federal plan, which mirrors this rule. Therefore, 
because the Federal 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.

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 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.

National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action.
    Today's action does not require the public to perform activities 
conducive to the use of VCS.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: March 28, 2002.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 02-8686 Filed 4-9-02; 8:45 am]
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