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Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills
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Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 10, 2000 (Volume 65, Number 69)]
[Rules and Regulations]
[Page 18906-18909]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap00-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-6570-4]
RIN 2060-AC42
Standards of Performance for New Stationary Sources and
Guidelines for Control of Existing Sources: Municipal Solid Waste
Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical corrections.
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SUMMARY: Under the Clean Air Act (CAA), the EPA issued a final rule
entitled ``Standards of Performance for New Stationary Sources and
Guidelines for Control of Existing Sources: Municipal Solid Waste
Landfills,'' published in the Federal Register on March 12, 1996 (61 FR
9905). A subsequent direct final rule, published
[[Page 18907]]
on June 16, 1998 (63 FR 32743) corrected errors and clarified
regulatory text of the final rule. These technical corrections will
correct an error in the amendatory instructions and an inconsistency
between the reportable exceedances and reporting of monitoring data.
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. The EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because the changes to the rule
are minor technical corrections, are noncontroversial in nature, and do
not substantively change the requirements of the NSPS/EG rule. Thus,
notice and public procedure are unnecessary. The EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B).
DATES: These technical corrections are effective April 10, 2000.
ADDRESSES: Docket No. A-88-09 contains the supporting information used
in the development of this rulemaking. The docket is located at the
U.S. Environmental Protection Agency in Room M-1500, Waterside Mall
(ground floor), 401 M Street SW, Washington, DC 20460, and may be
inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding
legal holidays. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Laur, Waste and Chemical
Processes Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone (919) 541-5256, e-mail: laur.michele@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. The entities potentially
affected by this action include:
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Category SIC Examples of regulated entities
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Industry and Local Government Agencies 4953 Existing municipal solid waste landfills where solid
waste from households is placed in or on land. Waste
from commercial or industrial operations may be mixed
with the household waste.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. While the landfills EG and NSPS (40 CFR part 60, subparts Cc
and WWW) will primarily impact facilities in the Standard Industrial
Classification (SIC) code 4953, not all facilities in this code will be
affected by this action. To determine if your landfill is affected by
the landfills EG or NSPS, see 40 CFR part 60, subparts Cc and WWW, or
the technical amendments published on June 16, 1998 (63 FR 37243).
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's action will be available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of this action will be posted on the TTN's policy and guidance
page for newly proposed or promulgated rules http://www.epa.gov/ttn/
oarpg. The TTN provides information and technology exchange in various
areas of air pollution control. If more information regarding the TTN
is needed, call the TTN HELP line at (919) 541-5384.
I. Background
On March 12, 1996, the EPA promulgated in the Federal Register (61
FR 9919) EG for existing municipal solid waste landfills and the NSPS
for municipal solid waste landfills. These regulations and guidelines
were promulgated as subparts Cc and WWW of 40 CFR part 60. This action
corrects an error in the amendatory instructions, typographic and
formatting errors, and it corrects three inconsistencies in the direct
final action published on June 16, 1998.
II. Description of Corrections
A. Amendatory Instruction Error
Due to an error in the amendatory instructions for the direct final
rule published in the Federal Register on June 16, 1998,
Sec. 60.752(b)(2)(ii) (A) and (B) and Sec. 60.752(b)(2)(iii)(B) (1) and
(2) were incorrectly removed. These technical corrections add those
paragraphs back into the final rule.
B. Inconsistencies
An inconsistency exists between what constitutes a reportable
exceedance for boilers and process heaters in Sec. 60.758(c)(1)(i), and
the monitoring (Sec. 60.756(b)(1)) and recordkeeping
(Sec. 60.758(b)(2)) requirements for these devices. Boilers and process
heaters with design heat input capacity less than or equal to 44
megawatts are required to monitor temperature and keep records. A
reportable exceedance related to temperature can only occur for boilers
and process heaters that are less than 44 megawatts. It was not our
intent to require monitoring and recordkeeping for boilers and process
heaters if their design heat input capacity is equal to or greater than
44 megawatts.
C. Typographical and Formatting Errors
A typographical error appearing in the equation in
Secs. 60.754(a)(1) (i), (ii) and 60.759(a)(3)(ii) is being corrected.
The term ``CNNM MOC'' is corrected to read
``CNMOC '', meaning the concentration of non-methane organic
compounds.
A typographical error appearing in Sec. 60.754(a)(1)(ii) is being
corrected. The paragraph immediately following the list of terms to the
equation in this section was incorrectly duplicated from the paragraph
in Sec. 60.754(a)(1)(i). The paragraph is amended to correctly reflect
the method for subtracting nondegradable solid waste when actual year-
to-year solid waste acceptance rates are known.
A formatting error in Sec. 60.756(a), introductory text, is being
corrected. A comma was left out between the words ``thermometer'' and
``other.''
A typographical error appearing in Sec. 60.757(c) is being
corrected. Throughout the rule, various requirements are triggered by
the emission rate cutoff of ``equals or exceeds 50 megagrams per
year.'' The term ``equals or'' was inadvertently omitted. This omission
is being corrected to be consistent with the remainder of the rule and
with our intent.
A typographical error appearing in Sec. 60.758(c)(1)(ii) is being
corrected. This section incorrectly references Sec. 60.758(b)(3)(i)
which does not exist. The correct reference is Sec. 60.758(b)(3).
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. Because the
EPA has made a ``good cause'' finding that this action is not subject
to notice and comment requirements under the Administrative Procedure
Act or any other statute (see
[[Page 18908]]
Summary), it is not subject to the regulatory flexibility provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate as described in sections 203 and 204 of UMRA. 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 does not have substantial direct effects on the
States, on the relationship between the national government and the
States, as specified in Executive Order 13132 (64 FR 43255, August 10,
1999). This rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical
standards; 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. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, the EPA
has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct, as required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996). The 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.). The EPA's compliance with these statutes and Executive Orders
for the underlying rule is discussed in the June 16, 1998 amendments to
the final NSPS/EG rule Federal Register document.
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the
Congressional Review Act if the agency makes a good cause finding that
notice and public procedure is impracticable, unnecessary or contrary
to the public interest. This determination must be supported by a brief
statement (5 U.S.C. 808(2)). As stated previously, the EPA has made
such a good cause finding, including the reasons therefor, and
established an effective date of April 10, 2000. 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 action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous waste, Intergovernmental relations,
Reporting and recordkeeping requirements.
Dated: March 27, 2000.
Robert D. Brenner,
Acting Assistant Administrator, Office of Air and Radiation.
For the reasons stated in the preamble, title 40, chapter I, part
60, of the Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.
Subpart WWW--[Amended]
2. Section 60.752 is amended by adding paragraphs (b)(2)(ii)(A),
(b)(2)(ii)(B), (b)(2)(iii)(B)(1) and (b)(2)(iii)(B)(2) to read as
follows:
Sec. 60.752 Standards for air emissions from municipal solid waste
landfills.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(A) An active collection system shall:
(1) Be designed to handle the maximum expected gas flow rate from
the entire area of the landfill that warrants control over the intended
use period of the gas control or treatment system equipment;
(2) Collect gas from each area, cell, or group of cells in the
landfill in which the initial solid waste has been placed for a period
of:
(i) 5 years or more if active; or
(ii) 2 years or more if closed or at final grade.
(3) Collect gas at a sufficient extraction rate;
(4) Be designed to minimize off-site migration of subsurface gas.
(B) A passive collection system shall:
(1) Comply with the provisions specified in paragraphs
(b)(2)(ii)(A)(1), (2), and (2)(ii)(A)(4) of this section.
(2) Be installed with liners on the bottom and all sides in all
areas in which gas is to be collected. The liners shall be installed as
required under Sec. 258.40.
* * * * *
(iii) * * *
(B) * * *
(1) If a boiler or process heater is used as the control device,
the landfill gas stream shall be introduced into the flame zone.
(2) The control device shall be operated within the parameter
ranges established during the initial or most recent performance test.
The operating parameters to be monitored are specified in Sec. 60.756;
* * * * *
3. In Sec. 60.754, in the equation in paragraph (a)(1)(i) the term
``CNM OC'' is revised to read ``CNMOC '' and
paragraph (a)(1)(ii) is revised to read as follows:
Sec. 60.754 Test methods and procedures.
(a) * * *
(1) * * *
(ii) The following equation shall be used if the actual year-to-
year solid waste acceptance rate is unknown.
MNMOC = 2Lo R (e-kc-e-kt)
CNMOC (3.6 x 10-9)
Where:
MNMOC =mass emission rate of NMOC, megagrams per year
Lo =methane generation potential, cubic meters per
megagram solid waste
R=average annual acceptance rate, megagrams per year
k=methane generation rate constant, year-1
t = age of landfill, years
CNMOC =concentration of NMOC, parts per million by volume
as hexane
c=time since closure, years; for active landfill c=O and
e-kc1
3.6 x 10-9=conversion factor
The mass of nondegradable solid waste may be subtracted from the
total mass of solid waste in a particular section of the landfill when
calculating the value of R, if documentation of the nature and amount
of such wastes is maintained.
* * * * *
4. Section 60.756 is amended in paragraph (a) introductory text by
[[Page 18909]]
adding a comma between the words ``thermometer'' and ``other'' and by
revising paragraph (b)(1) to read as follows:
Sec. 60.756 Monitoring of operations.
* * * * *
(b) * * *
(1) A temperature monitoring device equipped with a continuous
recorder and having a minimum accuracy of 1 percent of the
temperature being measured expressed in degrees Celsius or
0.5 degrees Celsius, whichever is greater. A temperature
monitoring device is not required for boilers or process heaters with
design heat input capacity equal to or greater than 44 megawatts.
* * * * *
5. Section 60.757 is amended by revising paragraph (c) introductory
text to read as follows:
Sec. 60.757 Reporting requirements.
* * * * *
(c) Each owner or operator subject to the provisions of
Sec. 60.752(b)(2)(i) shall submit a collection and control system
design plan to the Administrator within 1 year of the first report
required under paragraph (b) of this section in which the emission rate
equals or exceeds 50 megagrams per year, except as follows:
* * * * *
6. Section 60.758 is amended by revising paragraphs (b)(2)
introductory text and (c)(1)(ii) to read as follows:
Sec. 60.758 Recordkeeping requirements.
* * * * *
(b) * * *
(2) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(iii)
through use of an enclosed combustion device other than a boiler or
process heater with a design heat input capacity equal to or greater
than 44 megawatts:
* * * * *
(c) * * *
(1) * * *
(ii) For boilers or process heaters, whenever there is a change in
the location at which the vent stream is introduced into the flame zone
as required under paragraph (b)(3) of this section.
* * * * *
Sec. 60.759 [Amended]
7. In Sec. 60.759 (a)(3)(ii), the term ``CNM OC'' is
revised to read ``CNMOC ''.
[FR Doc. 00-8151 Filed 4-7-00; 8:45 am]
BILLING CODE 6560-50-P