

[Federal Register: November 24, 2006 (Volume 71, Number 226)]
[Rules and Regulations]               
[Page 67807-67809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no06-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2006-0570; FRL-8246-9]

 
Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Bernalillo County, NM

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the section 111(d) Plan submitted by City of 
Albuquerque (Bernalillo County), New Mexico, on May 24, 2006, to 
implement and enforce the Emission Guidelines (EG) for existing 
Municipal Solid Waste (MSW) Landfills. The EG require delegated 
municipalities to develop plans to reduce landfill gas emissions from 
all MSWs. Finally, this action also approves the concomitant delegation 
of authority to implement 40 CFR part 60, subparts WWW and Cc.

DATES: This rule is effective on January 23, 2007 without further 
notice, unless EPA receives adverse comment by December 26, 2006. If 
EPA receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by File ID No. EPA-R06-OAR-
2006-0570, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the online instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm
 Please click on ``6PD'' (Multimedia) and select 

``Air'' before submitting comments.
     E-mail: Mr. Thomas Diggs at diggs.thomas@epa.gov. Please 
also cc the person listed in the FOR FURTHER INFORMATION CONTACT 
section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8am and 4pm weekdays except for 
legal holidays. Special arrangements should be made for deliveries of 
boxed information.
    Instructions: Please include the text ``Public comment on File ID 
No. EPA-R06-OAR-2006-0570'' in the subject line of the first page of 
your comments. EPA's policy is that all comments received will be 
included in the public file without change, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through regulations.gov or e-mail if you believe that it is CBI or 
otherwise protected from disclosure. Regulations.gov is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public file and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Official File: Copies of the documents relevant to this action are 
in the official file, which is available at the Air Planning Section 
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15-cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    Copies of any State submittals and EPA's technical support document 
are also available for public inspection at the State Air Agency listed 
below during official business hours by appointment: Albuquerque 
Environmental Health Department, Air Pollution Control Division, One 
Civic Plaza, Albuquerque, New Mexico 87103.

FOR FURTHER INFORMATION CONTACT: Kenneth W. Boyce, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7259; fax 
number 214-665-7263; e-mail address boyce.kenneth@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 111(d) of the Clean Air Act (CAA or the 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 
new source performance standards (NSPS) that control a designated 
pollutant, EPA establishes emission guidelines (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'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 (40 CFR 
60.23 through 60.26). On March 12, 1996, EPA promulgated the NSPS for 
new municipal solid waste (MSW) landfills at 40 CFR part 60, subpart 
WWW (Standards of Performance for Municipal Solid Waste Landfills) and 
EG for Municipal Solid Waste Landfills at 40 CFR part 60, subpart Cc.
    The procedures under which States submit these plans to control 
existing sources are defined in 40 CFR part 60, subpart B. According to 
subpart B, the States are required to develop plans within Federal 
guidelines for the control of designated pollutants. The EPA publishes 
guideline documents for development of State emission

[[Page 67808]]

standards along with the promulgation of any NSPS for a designated 
pollutant. These guidelines apply to designated pollutants and include 
information such as a discussion of the pollutant's effects, 
description of control techniques and their effectiveness, costs and 
potential impacts. Also as guidance for the States, recommended 
emission limits and times for compliance are set forth, and control 
equipment which will achieve these emission limits are identified. The 
emission guidelines for landfill gas are promulgated in 40 CFR part 60. 
The final section 111(d) emission standards and guidelines for landfill 
gas were promulgated on March 12, 1996 (61 FR 9905), and codified in 
the CFR at 40 CFR subparts WWW and Cc, respectively. The emission 
guideline's specified limits for landfill gas requires affected 
facilities to operate a control system designed to reduce collected 
non-methane organic compounds (NMOC) concentrations by 98 weight-
percent, or reduce the outlet NMOC concentration to 20 parts per 
million or less, using the test methods specified under Sec.  
60.754(d).
    The City of Albuquerque (Bernalillo County), New Mexico submitted 
its Plan to EPA on May 26, 2006. This Federal Register action approves 
Emission Guidelines (EG) for existing Municipal Solid Waste (MSW) 
Landfills in Albuquerque (Bernalillo County), New Mexico.

II. Analysis of Submittal

    The official procedures for adoption and submittal of State Plans 
are codified in 40 CFR part 60, subpart B. The EPA promulgated the 
original provisions on November 17, 1975 and then amended them on 
December 19, 1995, to incorporate changes specific to solid waste 
incineration. These changes, which were necessary to conform to the 
solid waste incineration requirements under section 129 of the Act, are 
not relevant to MSW landfills. Thus, the procedures described in the 
original provisions for adopting and submitting State Plans still apply 
to MSW landfills and are reflected in 40 CFR part 60, subpart B, 
Sec. Sec.  60.23 through 60.26. Subpart B addresses public 
participation, legal authority, emission standards and other emission 
limitations, compliance schedules, emission inventories, source 
surveillance, compliance assurance, and enforcement requirements, and 
cross-references to the MSW landfill EG.
    The City of Albuquerque (Bernalillo County), New Mexico Plan 
includes documentation that all applicable subpart B requirements have 
been met.
    The City of Albuquerque Environmental Health Department (AEHD) 
incorporates the NSPS and cross-references the NSPS for existing 
facilities to adopt the requirements of the Federal rule. The AEHD has 
ensured, through this cross-reference process, that all the applicable 
requirements of the Federal rule have been adopted into the AEHD Plan. 
The emission limits, reporting and recordkeeping requirements, and 
other aspects of the Federal rule have been adopted into 20 NMAC 11.71, 
Municipal Solid Waste Landfills and 20 NMAC 11.63, New Source 
Performance Standards for Stationary Sources. The City of Albuquerque 
(Bernalillo County), New Mexico, amended the NSPS to remove the current 
exclusions from delegation of 40 CFR 60 subpart WWW, Standards of 
Performance Municipal Solid Waste Landfills.
    Subpart Cc requires affected existing landfills to be capable of 
attaining the specified level of emissions within 30 months after the 
State Plan is federally approved. For compliance schedules for MSW 
landfills extending more than 12 months beyond the date required for 
submittal of the plan (December 12, 1996), the compliance schedule must 
include legally enforceable increments of progress towards compliance 
for that MSW landfill. Each increment of progress in Sec.  60.21(h) of 
subpart B must have a compliance date and must be included as an 
enforceable date in the AEHD Plan. As an alternative, the AEHD must 
negotiate specific dates for the increments of progress on a facility-
by-facility basis, and submit them to the public participation process. 
A revision to the City of Albuquerque (Bernalillo County), New Mexico 
Plan must be submitted to EPA once the dates for the increments of 
progress are established for each affected facility. The AEHD Plan may 
include such additional increments of progress as may be necessary to 
permit close and effective supervision of progress towards final 
compliance. The AEHD did not submit evidence of authority to regulate 
sources in Indian Country. Therefore, EPA is not approving this AEHD 
Plan as it relates to those sources. AEHD must submit an updated source 
inventory once the affected facilities have reported their design 
capacities and NMOC emissions as required under 40 CFR part 60, subpart 
Cc (Sec.  60.35c). In addition, Title V permit applications for the 
affected facilities are due within one year from the due date of the 
design capacity reports.

III. Final Action

    In this final action EPA is promulgating a revision to the AEHD 
Plan and the Code of Federal Regulations, part 62, to adopt the AEHD 
Plan for the control of landfill gas from MSW landfills, except those 
located in Indian Country. On May 24, 2006, the City of Albuquerque 
(Bernalillo County), New Mexico submitted to EPA a plan identifying the 
existing MSW landfills in Bernalillo County and establishing standards 
for the control of landfill gas emissions from these facilities. The 
AEHD Plan includes regulations 20 NMAC 11.71, Municipal Solid Waste 
Landfills, and regulations 20 NMAC 11.63, Standards of Performance 
Municipal Solid Waste Landfills, documentation of the public 
participation process, a source inventory, and other required elements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any AEHD Plan. Each request for revision to the AEHD Plan 
shall be considered separately in light of specific technical, 
economic, and environmental factors and in relation to relevant 
statutory and regulatory requirements.
    Since the City of Albuquerque has not submitted a demonstration of 
authority over ``Indian Country'' (as defined in 18 U.S.C. 1151), we 
are limiting our approval to those areas that do not constitute Indian 
Country. Under this definition, EPA treats as reservations, trust lands 
validly set aside for the use of a Tribe even if the trust lands have 
not been formally designated as a reservation. Any existing designated 
facility that may exist on ``Indian Country'' is subject to the Federal 
plan for the designated facility. See 40 CFR 62.13.
    The 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 these rules should relevant 
adverse comments be filed. This action will be effective January 23, 
2007 unless EPA receives adverse written comments by December 26, 2006.
    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 direct final rule based on the

[[Page 67809]]

proposed rule. The 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 January 23, 2007 and no further action will be taken on 
the proposed rule.

IV. Statutory and Executive Order Reviews

    Under Executive Order (EO) 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. For this 
reason, this action is also not subject to EO 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely 
approves state and local declarations that rules implementing certain 
federal standards are unnecessary. 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 state and local 
declarations that rules implementing certain federal standards are 
unnecessary, it does not contain any unfunded mandate or significantly 
or uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, 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 by EO 13175 (65 FR 67249, 
November 9, 2000). This action also does not have Federalism 
implications because it does 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 EO 13132 (64 FR 43255, 
August 10, 1999). This action merely approves state and local 
declarations that rules implementing certain federal standards are 
unnecessary, 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 EO 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (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. 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 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 January 23, 2007. Filing a petition for 
reconsideration by the Administrator of this direct 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 42 U.S.C. 7607(b)(2)).

List of Subjects in 40 CFR Part 62

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

    Dated: November 9, 2006.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
Part 62, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

0
2. Section 62.7855 is revised to read as follows:


Sec.  62.7855  New Mexico Environmental Improvement Board.

    (a) Identification of Plan. Control of landfill gas emissions from 
existing municipal solid waste landfills, submitted on January 7, 1997.
    (b) Identification of Sources. The plan applies to all existing 
municipal solid waste landfills with design capacities greater than or 
equal to 2.5 million megagrams and non-methane organic emissions 
greater than or equal to 50 megagrams per year as described in 40 CFR 
part 60, subpart Cc, under the jurisdiction of the New Mexico State 
Environmental Improvement Board.

0
3. Section 62.7856 is revised to read as follows:


Sec.  62.7856  Albuquerque/Bernalillo County Air Quality Control Board.

    (a) Identification of Plan. Albuquerque-Bernalillo County Municipal 
Solid Waste Landfill Designated Pollutant Plan, as adopted by the 
Albuquerque/Bernalillo County Air Quality Control Board on November 9, 
2005.
    (b) Identification of Sources. The plan applies to all existing 
municipal solid waste landfills under the jurisdiction of the 
Albuquerque/Bernalillo County Air Quality Control Board that commenced 
construction prior to May 30, 1991, and have not been modified or 
reconstructed since May 30, 1991, and are subject to the requirements 
of 40 CFR part 60, subpart Cc.

[FR Doc. E6-19861 Filed 11-22-06; 8:45 am]

BILLING CODE 6560-50-P
