[Federal Register: January 15, 2004 (Volume 69, Number 10)]
[Rules and Regulations]
[Page 2302-2304]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja04-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[Region 2 Docket No. NY66-271a, FRL-7610-5]
Approval and Promulgation of State Plans for Designated
Facilities; New York
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the State Plan submitted by New York implementing the
Municipal Solid Waste (MSW) Landfill Emission Guidelines, as
promulgated by EPA. The State Plan establishes performance standards
for existing MSW landfills located in New York State and provides for
the implementation and enforcement of those standards, which will
reduce the designated pollutants. The State Plan revision consists of
moving the federally approved MSW requirements from Subpart 360-2.21 of
title 6 of the New York Codes, Rules and Regulations (NYCRR) to Part
208 of title 6 NYCRR.
[[Page 2303]]
DATES: This direct final rule is effective on March 15, 2004, without
further notice, unless EPA receives adverse comment by February 17,
2004. 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 submitted either by mail or electronically.
Written comments should be mailed to Raymond Werner, Chief, Air
Programs Branch, Environmental Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New York 10007-1866. Electronic
comments could be sent either to Werner.Raymond@epa.gov or to http://www.regulations.gov
, which is an alternative method for submitting
electronic comments to EPA. Go directly to http://www.regulations.gov,
then select ``Environmental Protection Agency'' at the top of the page
and use the ``go'' button. Please follow the on-line instructions for
submitting comments.
Copies of the state submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
New York State Department of Environmental Conservation, Division of
Air Resources, 625 Broadway, Albany, New York 12233.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW., Washington,
DC 20460.
FOR FURTHER INFORMATION CONTACT: Kirk Wieber, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3381 or
Wieber.Kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 19, 1999 (64 FR 38582), EPA conditionally approved and
subsequently on May 10, 2001 (66 FR 23851), EPA fully approved the New
York State Plan for regulating existing Municipal Solid Waste (MSW)
Landfills. The reader is referred to the July 19, 1999 and May 10,
2001, rulemaking actions for a more detailed description and the
rationale of EPA's approval of the New York MSW Landfills State Plan.
As part of that State Plan, New York adopted revisions to State rules
to control air emissions from existing landfills in the State. The New
York State rules for MSW Landfills were primarily found in Subpart 360-
2.21 of title 6 of the New York Codes, Rules and Regulations (NYCRR) of
the State of New York, entitled ``Landfill Gas Collection and Control
Systems for Certain Municipal Solid Waste Landfills''. On July 19,
1999, EPA approved the revisions to Part 360-2.21 as meeting EPA
guidelines and policy.
II. State Submittal
On December 24, 2001, and supplemented on June 25, 2003, New York
submitted to EPA a revision to the State Plan for MSW Landfills. The
revision consisted of the adoption of Part 208, of title 6 NYCRR,
entitled, ``Landfill Gas Collection and Control Systems for Certain
Municipal Solid Waste Landfills'' and the removal of Subpart 360-2.21.
Part 208 replaces the MSW landfill provisions that were previously
contained in Subpart 360-2.21. New York made this change because the
MSW landfill requirements would be more effectively implemented under
the State ``Air Regulations'', i.e., Part 200 series of regulations of
title 6 NYCRR rather than the State ``Solid Waste Management
Regulations'', i.e., Part 360 series of regulations of title 6 NYCRR.
Specifically, this change would avoid duplication of conditions of
permits and duplication of effort between the State Divisions of Air
Resources and Solid and Hazardous Materials. The only difference among
the two rules is the addition of compliance milestones into Part 208,
as required by 40 CFR 60.23 for all state plans. These milestones
specify the increments of progress a landfill must achieve between the
time the landfill first becomes subject to Part 208 and the time it is
in compliance with Part 208.
III. Conclusion
EPA has evaluated New York's revision to the Municipal Solid Waste
Landfill State Plan submitted by New York for consistency with the
Clean Air Act, EPA guidelines and policy. EPA has determined that
removal/relocation of the MSW Landfill requirements from Subpart 360-
2.21 of title 6 NYCRR entitled, ``Landfill Gas Collection and Control
Systems for Certain Municipal Solid Waste Landfills'' to Part 208 of
title 6 NYCRR entitled, ``Landfill Gas Collection and Control Systems
for Certain Municipal Solid Waste Landfills'' is approvable.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal 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 State Plan revision
should adverse comments be filed. This rule will be effective March 15,
2004, without further notice unless the Agency receives adverse
comments by February 17, 2004.
If the EPA receives adverse comments, then EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
IV. Statutory and Executive Order Reviews
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. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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).
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 Executive Order 13175 (65
FR 67249, November 9, 2000). New York's State plan applies to all
affected sources regardless of whether it has been identified in its
plan. Therefore, EPA has concluded that this rulemaking action does not
have federalism implications nor does it have substantial direct
effects on the States, on the
[[Page 2304]]
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). This action 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
``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 SIP
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.
section 804(2).
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 March 15, 2004. 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, Air pollution control, Intergovernmental
relations, Methane, Municipal solid waste landfills, Nonmethane organic
compounds, Reporting and recordkeeping requirements.
Dated: December 29, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-889 Filed 1-14-04; 8:45 am]
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