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ENVIRONMENTAL PROTECTION the EPA Docket Center, WJC West RIN Regulatory Information Number AGENCY Building, Room 3334, 1301 Constitution SEM surface emissions monitoring Avenue NW, Washington, DC. The EPA UMRA Unfunded Mandate Reform Act 40 CFR Part 62 has temporarily suspended its Docket U.S.C. United States Code [EPA–HQ–OAR–2019–0338; FRL–10022–82– Center and Reading Room for public Organization of this document. The OAR] visitors to reduce the risk of information in this preamble is transmitting COVID–19. Our Docket organized as follows: RIN 2060–AU52 Center staff will continue to provide I. General Information Federal Plan Requirements for remote customer service via email, A. Does this final action apply to me? B. Where can I get a copy of this document Municipal Solid Waste Landfills That phone, and webform. The EPA continues to carefully and continuously and other related information? Commenced Construction On or C. Judicial Review Before 17, 2014, and Have Not monitor information from the Centers for Disease Control (CDC), local area II. Background Been Modified or Reconstructed Since A. What is the regulatory development health departments, and our Federal , 2014 background for this final action? partners so that we can respond rapidly B. What is the purpose of this action? AGENCY: Environmental Protection as conditions change regarding COVID– C. What is a negative declaration letter? Agency (EPA). 19. For further information on EPA D. What is the status of state plan ACTION: Final rule. Docket Center services and the current submittals? status, please visit us online at https:// E. What are the elements of the MSW SUMMARY: In this action, the U.S. www.epa.gov/dockets. Landfills Federal Plan? III. What are the designated facilities? Environmental Protection Agency (EPA) FOR FURTHER INFORMATION CONTACT: For is promulgating a Federal plan to A. What is a designated MSW landfill? questions about this final action, contact B. How do I determine if my MSW landfill implement the Emission Guidelines Andrew Sheppard, Sector Policies and is covered by an approved and effective (EG) and Compliance Times for Programs Division (E143–03), Office of state plan? Municipal Solid Waste (MSW) Landfills Air Quality Planning and Standards, IV. Summary of Changes Since Proposal and (2016 MSW Landfills EG) for existing U.S. Environmental Protection Agency, Response to Comments MSW landfills located in states and Research Triangle Park, North Carolina A. Clarification of Requirements Indian country where state plans or 27711; telephone number: (919) 541– B. Inventory of Designated MSW Landfills tribal plans are not in effect. This MSW C. Inventory of Emissions 4161; fax number: (919) 541–0516; and V. Summary of Final MSW Landfills Federal Landfills Federal Plan includes the email address: sheppard.andrew@ same elements as required for a state Plan Requirements epa.gov. For specific information A. What are the final applicability plan: Identification of legal authority regarding the implementation of this requirements? and mechanisms for implementation; Federal plan, contact the appropriate B. What are the final compliance inventory of designated facilities; EPA Regional office listed in Table 3 of schedules? emissions inventory; emission limits; this preamble. C. What are the final emissions limits and operating limits? compliance schedules; a process for the SUPPLEMENTARY INFORMATION: EPA or state review of design plans for Preamble acronyms and D. What are the final performance testing and monitoring requirements? site-specific gas collection and control abbreviations. We use multiple systems (GCCS); testing, monitoring, E. What are the final recordkeeping and acronyms and terms in this preamble. reporting requirements? reporting and record keeping While this list may not be exhaustive, to VI. Implementation of the Federal Plan and requirements; and public hearing ease the reading of this preamble and for Delegation requirements. Additionally, this action reference purposes, the EPA defines the A. Background of Authority summarizes implementation and following terms and acronyms here: B. Mechanisms for Transferring Authority delegation of authority of the MSW C. Implementing Authority Landfills Federal Plan. AG attorney general D. Delegation of the Federal Plan and CAA Clean Air Act DATES: The final rule is effective on Retained Authorities CDX Central Data Exchange VII. Title V Operating Permits 21, 2021. The incorporation by reference CEDRI Compliance and Emissions Data A. Title V Requirements for Existing MSW Reporting Interface (IBR) of certain publications listed in Landfills CFR Code of Federal Regulations the rule is approved by the Director of B. Title V and Delegation of Federal Plan CHIEF Clearinghouse for Inventories and the Federal Register as of , 2021. VIII. Incorporation by Reference Emissions Factors ADDRESSES: The U.S. Environmental COVID–19 coronavirus disease of 2019 IX. Statutory and Executive Order Reviews Protection Agency (EPA) has established EG emission guidelines A. Executive Order 12866: Regulatory a docket for this action under Docket ID EPA Environmental Protection Agency Planning and Review and Executive No. EPA–HQ–OAR–2019–0338. All ERT Electronic Reporting Tool Order 13563: Improving Regulation and Regulatory Review documents in the docket are listed on GCCS gas collection and control system IBR incorporation by reference B. Paperwork Reduction Act (PRA) the https://www.regulations.gov/ C. Regulatory Flexibility Act (RFA) website. Although listed, some LFG landfill gas m3 cubic meter D. Unfunded Mandates Reform Act information is not publicly available, Mg megagram (UMRA) e.g., Confidential Business Information MSW municipal solid waste E. Executive Order 13132: Federalism or other information whose disclosure is NMOC nonmethane organic compounds F. Executive Order 13175: Consultation restricted by statute. Certain other NSPS new source performance standards and Coordination With Indian Tribal material, such as copyrighted material, NTTAA National Technology Transfer and Governments is not placed on the internet and will be Advancement Act G. Executive Order 13045: Protection of Children From Environmental Health publicly available only in hard copy OAQPS Office of Air Quality Planning and Standards Risks and Safety Risks form. Publicly available docket OMB Office of Management and Budget H. Executive Order 13211: Actions materials are available either ppm parts per million Concerning Regulations That electronically through https:// PRA Paperwork Reduction Act Significantly Affect Energy Supply, www.regulations.gov/ or in hard copy at RFA Regulatory Flexible Act Distribution, or Use

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I. National Technology Transfer and waste management programs and provides a guide for readers regarding Advancement Act (NTTAA) and 1 CFR promulgates regulations that were the entities that this final action is likely part 51 proposed on 22, 2019 (84 FR to affect. To determine whether a source J. Executive Order 12898: Federal Actions To Address Environmental Justice in 43745). For the purpose of this would be affected by this action, please Minority Populations and Low-Income regulation, existing MSW landfills are examine the applicability criteria in 40 Populations those that accepted waste after CFR 62.16711 being finalized here. K. Congressional Review Act (CRA) 8, 1987, and commenced Questions regarding the applicability of L. Clean Air Act Section 307(d) construction on or before July 17, 2014. this final action to a particular entity I. General Information Table 1 of this preamble lists the should be directed to the person listed associated regulated industrial source in the preceding FOR FURTHER A. Does this action apply to me? categories that are the subject of this INFORMATION CONTACT section. This final action addresses existing final action. Table 1 of this preamble is MSW landfills and associated solid not intended to be exhaustive, but rather

TABLE 1—INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS ACTION

Source category Examples of potentially regulated entities NAICS code 1

Industry: Air and water resource and solid waste management Solid waste landfills ...... 924110 Industry: Refuse systems—solid waste landfills ...... Solid waste landfills ...... 562212 State, local, and tribal government agencies ...... Administration of air and water resource and solid waste man- 924110 agement programs. 1 North American Industry Classification System.

B. Where can I get a copy of this objection arose after the period for that did not have approved and effective document and other related public comment, (but within the time state plans (40 CFR part 62, subpart information? specified for judicial review) and if such GGG) (64 FR 60689, , 1999). objection is of central relevance to the The Federal plan was necessary to In addition to being available in the outcome of the rule.’’ Any person implement the 1996 EG for MSW docket, an electronic copy of this action seeking to make such a demonstration landfills located in states and Indian is available on the internet. Following should submit a Petition for country where state plans or tribal plans signature by the EPA Administrator, the Reconsideration to the Office of the were not in effect. EPA will post a copy of this final action Administrator, U.S. EPA, Room 3000, Beginning in 2014, the EPA reviewed at https://www.epa.gov/stationary- WJC South Building, 1200 the NSPS and EG based on changes in sources-air-pollution/municipal-solid- Ave. NW, Washington, DC 20460, with the landfill industry since the rules waste-landfills-new-source- a copy to both the person listed in the were first promulgated in 1996, performance-standards. Following preceding FOR FURTHER INFORMATION including changes to the size and publication in the Federal Register, the CONTACT section, and the Associate number of existing landfills, industry EPA will post the Federal Register General Counsel for the Air and practices, and gas control methods and version of this final action at this same Radiation Law Office, Office of General technologies. In August 2016, the EPA website. Counsel (Mail Code 2344A), U.S. EPA, made several revisions to further reduce C. Judicial Review 1200 Pennsylvania Ave. NW, emissions of landfill gas (LFG) and its Washington, DC 20460. components and promulgated revised Under Clean Air Act (CAA) section subparts for the MSW Landfills NSPS at 307(b)(1), judicial review of this final II. Background 40 CFR part 60, subpart XXX, and the rule is available only by filing a petition A. What is the regulatory development EG for existing MSW landfills at 40 CFR for review in the U.S. Court of Appeals background and legal authority for this part 60, subpart Cf (81 FR 59276 and for the District of Columbia Circuit by action? 59332, , 2016). , 2021. Moreover, under section 307(b)(2) of the CAA, the requirements Under authority of the CAA, the EPA B. What is the purpose of this action? established by this final rule may not be has promulgated several regulations that The CAA regulations implementing challenged separately in any civil or apply to MSW landfills. In 1996, under the EG require states with existing MSW criminal proceedings brought by the CAA section 111, the EPA promulgated landfills subject to the EG to submit EPA to enforce these requirements. the original standards of performance state plans to the EPA in order to Section 307(d)(7)(B) of the CAA further for new MSW landfills (i.e., new source implement and enforce the EG. State provides that ‘‘[o]nly an objection to a performance standards or NSPS) at 40 plans implementing the 2016 MSW rule or procedure which was raised with CFR part 60, subpart WWW, and EG for Landfills EG were due on , reasonable specificity during the period existing MSW landfills at 40 CFR part 2017.1 For states that did not submit an for public comment (including any 60, subpart Cc (61 FR 9905; 12, public hearing) may be raised during 1996). The NSPS and EG are based on 1 May 30, 2017, was the original deadline for judicial review.’’ This section also the Administrator’s determination that submission of state plans pursuant to subpart B when subpart Cf (40 CFR 60.30f(b) of this chapter) provides a mechanism for the EPA to MSW landfills cause, or contribute was promulgated on August 29, 2016. The EPA convene a proceeding for significantly to, air pollution that may subsequently finalized a rulemaking (84 FR 44547) reconsideration, ‘‘[i]f the person raising reasonably be anticipated to endanger on , 2019, to change the MSW Landfills an objection can demonstrate to the EPA public health or welfare. In 1999, the state and federal plan timing requirements by incorporating revised state and federal plan timing that it was impracticable to raise such EPA promulgated a Federal plan under requirements in the newly promulgated subpart Ba objection within [the period for public CAA section 111 to implement the 1996 (84 FR 32520, , 2019), which had the effect comment] or if the grounds for such EG for MSW landfills located in states Continued

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approvable plan by that deadline, CAA capacity equal to or greater than 2.5 additional states (Maine, Rhode Island, section 111 and 40 CFR 60.27(c) and (d) million megagrams (Mg) and 2.5 million and Vermont) and two local authorities require the EPA to develop, implement, cubic meters (m3) in the state or portion (Washington, DC and Philadelphia, and enforce a Federal plan for existing of Indian country are considered to be Pennsylvania) as well as three state MSW landfills located in any state (i.e., subject to the MSW Landfills Federal plans (Oregon, South Dakota and state, territory, or protectorate) or Indian Plan. Existing MSW landfills with a Virginia). The EPA is not aware of any country that does not have an approved design capacity less than 2.5 million Mg tribes that have developed plans to state plan 2 that implements the 2016 or 2.5 million m3 that are located in implement the 2016 MSW Landfills EG MSW Landfills EG. On , 2019, states or portion of Indian country that or submitted negative declarations. For the EPA proposed a Federal plan under submitted a negative declaration are not all other locations, the EPA is CAA section 111 to implement the 2016 required to submit an initial design establishing this MSW Landfills Federal EG for MSW landfills located in states capacity report if the negative Plan to implement the 2016 MSW that did not have approved and effective declaration letter includes the design Landfills EG in states and Indian state plans (40 CFR part 62, subpart capacity for the landfills. Such MSW country that do not yet have an OOO) (84 FR 43745, August 22, 2019). landfills, however, continue to be approved and effective state or tribal On 29, 2020, the EPA found 42 subject to the requirements in the plan. definition of design capacity in 40 CFR states and territories failed to submit The California state plan was partially 62.16730 to recalculate the site-specific state plans for the 2016 MSW Landfills disapproved because it does not fully density annually and in 40 CFR EG (85 FR 14474, , 2020), meet certain provisions of the 2016 62.16724(b) to submit an amended and as a result, this final action MSW Landfills EG. The California state design capacity report in the event that establishes an MSW Landfills Federal plan omitted certain operational, the recalculated design capacity is equal Plan to implement the 2016 MSW monitoring, recordkeeping, and to or greater than 2.5 million Mg and 2.5 Landfills EG for those states that do not corrective action requirements related to million m3, as clarified in 40 CFR presently have an approved state plan. temperature and/or oxygen or nitrogen For the purposes of this preamble and 62.16711(c). levels. Therefore, in accordance with 40 the MSW Landfills Federal Plan, the D. What is the status of state plan CFR 60.27(c), the EPA is revising 40 word ‘‘state’’ means any of the 50 submittals? CFR part 62, subpart F to identify the United States, local agencies that have provisions of the Federal plan been delegated implementation and Before proposal of this Federal plan corresponding to the omitted enforcement authority within those on August 22, 2019, the EPA had requirements (40 CFR 60.34f(c), states, and the protectorates of the received 8 state plan submittals to 60.36f(a)(5), 60.37f(a)(2) and (3), United States. The word ‘‘protectorate’’ implement the 2016 MSW Landfills EG, 60.38f(k), and 60.39f(e)(2) and (5)) that means American Samoa, the which included submittals from the existing MSW landfills in California Commonwealth of Puerto Rico, the following: Arizona (one plan covering must implement in addition to the District of Columbia, Guam, the Maricopa County, one covering Pinal approved portion of the California plan. Northern Mariana Islands, and the County, and another covering the That update is described in section V of Virgin Islands. remainder of the state excluding Pima county), California, Delaware, New this preamble. C. What is a negative declaration letter? Mexico (one plan covering As of , 2021, two more states A negative declaration is a letter to Albuquerque-Bernalillo County and (New York, Florida) have submitted the EPA declaring either that there are another covering the remainder of the state plans for review. The MSW no existing MSW landfills in the state or state), and West Virginia. The EPA has landfills covered by the state plans portion of Indian country at all or that reviewed and fully approved six of submitted to date will not be subject to there are no existing MSW landfills in these state plans that were submitted. the MSW Landfills Federal Plan once the state or portion of Indian country The EPA also partially approved and the state plan that includes those MSW that must install collection and control partially disapproved the California landfills has been approved and systems according to the requirements state plan. See the memorandum, becomes effective. However, MSW of the 2016 MSW Landfills EG. States or Approved State Plans Implementing the landfills located in those states would Indian tribes that submit negative 2016 MSW Landfills Emission remain subject to the Federal plan (or declarations are not expected to submit Guidelines, which is available in the portions of the Federal plan) in the state or tribal plans. Accordingly, docket for this action. The plan from event that the state plan is subsequently because states and Indian tribes with Maricopa County, Arizona, was disapproved, in whole or in part. Table approved negative declarations do not withdrawn on , 2019. The EPA 2 of this preamble summarizes the have approved state or tribal plans, subsequently received and approved status of state plans and negative existing MSW landfills with a design negative declarations from three declarations as of , 2021.

TABLE 2—STATUS OF STATE PLANS

Status States

I. EPA-Approved State Plans ...... Arizona (one plan covering Pinal County and another covering the state); 1 California (partial approval, partial disapproval); Delaware; New Mexico (one plan covering Albuquerque- Bernalillo County and another covering the state); Oregon; South Dakota; Virginia; and West Virginia.

of extending the deadline for state plan submissions moved for voluntary vacatur of the subsequent 2 An approved state plan is a plan developed by for subpart Cf. The timing requirements in subpart landfills rulemaking. See Environmental Defense a state that the EPA has reviewed and approved Ba were subsequently vacated by American Lung Fund v. EPA, No. 19–1222 (D.C. Circuit). As a based on the requirements in 40 CFR part 60, Ass’n v. EPA, 985 F.3d 914, 991–95 (D.C. Cir. 2021) result, the original timelines in subpart B would subparts B or Ba, as applicable, to implement 40 (ALA). In light of the ALA decision, The EPA has apply again to the landfills plans. CFR part 60, subpart Cf.

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TABLE 2—STATUS OF STATE PLANS—Continued

Status States

II. Negative Declarations Approved by the EPA Maine; Rhode Island; Vermont; Washington, DC; Philadelphia, Pennsylvania. III. Final State Plans and Negative Declarations Florida; New York. Submitted to the EPA. IV. EPA Has Not Received a Final State Plan ; Alaska; Arkansas; Colorado; Connecticut; Georgia; Hawaii; Idaho; Illinois; Indiana; or Negative Declaration. Iowa; Kansas; Kentucky; Louisiana; Maryland; Massachusetts; Michigan; Minnesota; Mis- sissippi; Missouri; Montana; Nebraska; Nevada; New Hampshire; New Jersey; North Caro- lina; North Dakota; Ohio; Oklahoma; Pennsylvania; Puerto Rico; South Carolina; Tennessee; Texas; Utah; Virgin Islands; Washington; Wisconsin; Wyoming. 1 The Arizona state plan does not cover Maricopa or Pima counties.

As the EPA Regional offices approve approvals. MSW landfill owners or and effective state plan in place. Table state plans subsequent to the issuance of operators can also contact the EPA 3 of this preamble lists the addresses for the Federal plan, they will also, in the Regional office for the state in which the EPA Regional offices and the states same action, amend the appropriate their MSW landfill is located to that they cover. subpart of 40 CFR part 62 to codify their determine whether there is an approved

TABLE 3—EPA REGIONAL OFFICES

Region Address States and territories

Region I ...... 5 Post Office Square–Suite 100, Boston, MA 02109–3912 .... Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont. Region II ...... 290 Broadway, New York, NY 10007–1866 ...... New York, New Jersey, Puerto Rico, Virgin Islands. Region III ...... Air Protection Division, Mail Code 3AP00, 1650 Arch Street, Virginia, Delaware, District of Columbia, Maryland, Pennsyl- Philadelphia, PA 19103–1129. vania, West Virginia. Region IV ...... 61 Forsyth Street SW, Atlanta, GA 30303–3104 ...... Florida, Georgia, North Carolina, Alabama, Kentucky, Mis- sissippi, South Carolina, Tennessee. Region V...... Mail Code A–17J, 77 West Jackson Blvd., Chicago, Il Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio. 60604–3590. Region VI ...... 1201 Elm Street, Suite 500, Dallas, TX 75270–2102 ...... Arkansas, Louisiana, New Mexico, Oklahoma, Texas. Region VII ...... Air and Waste Management Division, 11201 Renner Boule- Iowa, Kansas, Missouri, Nebraska. vard, Lenexa, Kansas 66219. Region VIII ...... Director, Air Program, Office of Partnerships and Regulatory Colorado, Montana, North Dakota, South Dakota, Utah, Wyo- Assistance, Mail Code 8P–AR, 1595 Wynkoop Street, ming. Denver, CO 80202–1129. Region IX ...... 75 Hawthorne Street, , CA 94105 ...... Arizona, California, Hawaii, Nevada, American Samoa, Guam, Northern Mariana Islands. Region X ...... 1200 6th Avenue, Suite 155, Seattle, WA 98101 ...... Washington, Alaska, Idaho, Oregon.

E. What are the elements of the MSW relates to the Federal plan in section IV (see 81 FR 59332, August 29, 2016) and Landfills Federal Plan? of the preamble of the proposed rule (84 would no longer be subject to the FR 43745, August 22, 2019). Federal plan. An existing MSW landfill Section 111(d) of the CAA, as that makes operational changes without III. What are the designated facilities? amended, 42 U.S.C. 7411(d), requires increasing the horizontal or vertical states to develop and implement state A. What is a designated MSW landfill? dimensions of the landfill would plans for MSW landfills to implement continue to be subject to the Federal or and enforce the promulgated EG. The designated facility for the MSW approved state plan that implements the Accordingly, 40 CFR part 60, subpart Cf Landfills Federal Plan is each MSW 2016 MSW Landfills EG, rather than the requires states to submit state plans that landfill that (1) commenced NSPS. include specified elements. Because this construction, reconstruction, or Federal plan takes the place of state modification prior to July 17, 2014, and B. How do I determine if my MSW plans, where state plans are not fully has not been modified or reconstructed landfill is covered by an approved and approved and effective, it includes the since then, and (2) has accepted waste effective state plan? same essential elements: (1) since November 8, 1987, or has capacity The status of approval and Identification of legal authority and for future waste deposition, which also promulgation of CAA section 111(d) mechanisms for implementation; (2) includes MSW landfills that were state plans for designated sources in inventory of designated facilities; (3) subject to 40 CFR part 62, subpart GGG each state or territory is identified in 40 inventory of emissions; (4) emission or 40 CFR part 60, subpart WWW. CFR part 62. However, 40 CFR part 62 limits; (5) compliance schedules; (6) If an existing MSW landfill subject to is only updated periodically. Thus, if 40 process for the EPA or state review of the Federal plan increases its permitted CFR part 62 does not indicate that a site-specific design plans for GCCS; (7) volume design capacity through vertical state has an approved and effective testing, monitoring, reporting, and or horizontal expansion (i.e., is plan, please contact the appropriate recordkeeping requirements; and (8) modified) on or after July 17, 2014, it EPA Regional office (see Table 3 in public hearing requirements. Each would be subject to the MSW Landfills section II.D of this preamble) to element was discussed in detail as it NSPS (40 CFR part 60, subpart XXX) determine if approval has occurred

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since publication of the most recent the initial plans and reports are required complying with the Federal plan being version of 40 CFR part 62. Each state for existing landfills that already finalized in this action. The EPA has plan becomes effective 30 days after the submitted such initial reports under the added a definition of the term ‘‘legacy final EPA approval of the state plan is subpart WWW NSPS. The other controlled landfill’’ to 40 CFR 62.16730 published in the Federal Register. commenter suggested that landfills that to clarify requirements and compliance This final action does not preclude have already installed a GCCS should times for these landfills. states from submitting a state plan later. not be subject to the second and third Legacy controlled landfills have If a state submits a plan after the increments of progress, since awarding previously satisfied the requirement to promulgation date of the MSW Landfills contracts and initiating on-site submit their initial design capacity Federal Plan, the EPA will review and construction may have already report, initial or annual NMOC emission approve or disapprove the state plan. If occurred. The commenter said that such rate reports, and collection and control the EPA approves a plan, then the MSW landfills would still be subject to the system design plan. These reports were Landfills Federal Plan no longer applies requirement to fully comply with all previously submitted under 40 CFR part to MSW landfills covered by the state aspects of the Federal plan as of the 30- 60, subpart WWW; 40 CFR part 62, plan. If an MSW landfill is overlooked month deadline. subpart GGG; or a state plan by a state that has an approved negative Response: The EPA agrees that implementing 40 CFR part 60, subpart declaration, or if an individual MSW additional clarification is needed Cc. The EPA has clarified that it is not landfill is not covered by an approved regarding several compliance requiring these sources to resubmit any and effective state plan, the MSW obligations for landfills that are already of these reports under 40 CFR landfill will remain subject to this controlling emissions under previous 62.16711(h). Federal plan. Federal regulations. Although EPA Additionally, because annual NMOC anticipated that additional landfills reports have been previously submitted IV. Summary of Changes Since would require controls as a result of the under 40 CFR part 60, subpart WWW; Proposal and Response to Comments revised regulations at 40 CFR part 60, 40 CFR part 62, subpart GGG; or a state This section summarizes all changes subpart Cf, EPA’s intent was that, if a plan implementing 40 CFR part 60, made to the Federal plan since proposal, landfill was already classified as a subpart Cc, some of the legacy in part, in response to public comments. ‘‘controlled landfill,’’ the 30-month controlled landfills have already passed The changes include clarifications period to install and operate a GCCS the 30-month period after the first regarding initial reporting requirements cannot be reset or restarted. Therefore, NMOC report that showed emissions of and timing of GCCS for landfills that the EPA is clarifying its intent in the 50 Mg NMOC per year or more. Other have previously submitted a GCCS regulatory provisions for the timing of legacy controlled landfills may not design plan for other MSW landfill compliance with certain requirements reach the end of the 30-month period Federal regulations, clarifications on for landfills that were considered to be until after this Federal plan becomes LFG treatment system monitoring plan a controlled landfill under 40 CFR part effective. The EPA has revised some of requirements, and the updated 60, subpart WWW; 40 CFR part 62, the increments of progress at 40 CFR inventory of designated facilities and subpart GGG; or a state plan 62.16712 to account for landfills that their emissions. The EPA received six implementing 40 CFR part 60, subpart have already achieved some or all of the comment letters on the proposed MSW Cc, as discussed in the remainder of this increments of progress. The EPA has Landfills Federal Plan. Certain response. also revised 40 CFR 62.16711(h), comments and responses are contained The NSPS at 40 CFR part 60, subpart 62.16714(b)(2), 62.16724, and Table 1 of in this section that are relevant to the WWW, identified and defined the term 40 CFR part 62, subpart OOO to more EPA’s clarification of requirements.3 For ‘‘controlled landfill’’ as one that had clearly define the requirements for these more information, see the response to triggered the nonmethane organic legacy controlled landfills. comments document, titled Summary of compounds (NMOC) threshold of 50 Mg In this action, the EPA is also Public Comments and EPA’s Responses per year or more and submitted its clarifying that legacy controlled for the Proposed Federal Plan collection and control system design landfills will continue to install and Requirements for Municipal Solid Waste plan. The provisions of 40 CFR part 60, expand their GCCS under the Federal Landfills That Commenced subpart WWW, require the design plan plan at the same schedule required by Construction On or Before July 17, 2014, to be submitted within 1 year of the first the previous landfill rules. That is, the and Have Not Been Modified or NMOC annual emission rate report that owner or operator must expand the Reconstructed Since July 17, 2014, is equal to or greater than 50 Mg per GCCS every 5 years if in active areas, or every 2 years if the area is closed or at which is available in the docket for this year NMOC. The EG at 40 CFR part 60, final grade. Similar to our intent that the action. subpart Cc, and the Federal plan at 40 CFR part 62, subpart GGG, do not define 30-month period not be stopped or A. Clarification of Requirements the term ‘‘controlled landfill’’ directly restarted with the promulgation of this Federal plan, the timeframe for GCCS 1. Legacy Controlled Landfills but note that the definition of terms used but not defined in those subparts expansions will continue without break Comment: Two commenters requested has the meaning given them in the CAA as a landfill transitions from one of the that the EPA clarify the compliance and in 40 CFR part 60, subparts A, B, previous regulations into this Federal timelines and requirements for plan and WWW. These rules provide the plan. submittals to address existing MSW same timing allowance of 1 year after Legacy controlled landfills have until landfills that have already installed a the NMOC report showing emissions of the effective date of this regulation June GCCS. Specifically, one commenter 50 Mg NMOC per year or more to 21, 2021 to demonstrate compliance requested that the EPA clarify which of submit the collection and control with the GCCS operational standards system design plan. These landfills have and the monitoring, reporting, and 3 Copies of all comments submitted are available already met requirements under existing recordkeeping requirements outlined in at the EPA Docket Center Public Reading Room and are also available electronically through https:// 40 CFR part 60 or part 62 regulations, the Federal plan. The MSW Landfills www.regulations.gov/ by searching Docket ID No. and the EPA emphasizes that there is no Federal Plan implements the 2016 MSW EPA–HQ–OAR–2019–0338. need to duplicate those efforts when Landfills EG, which included some

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changes to the GCCS operational 40 CFR part 60, subpart WWW, in applicability for control requirements. standards, and associated monitoring, 2021, the annual report under After the initial NMOC report, recordkeeping, and reporting 40 CFR part 62, subpart OOO, will be subsequent annual reports are not requirements from the original NSPS due in January 2022 (1 year after the required for closed landfills, as stated in and EG regulations. The MSW Landfills latest report) and submitted to CDX. 40 CFR 62.16714(e)(1)(ii). Similarly, EG was published in August 2016, over The EPA also acknowledges some landfills that had already installed a 3 years prior to the publication of the clarifications are necessary regarding GCCS under 40 CFR part 60, subpart proposed Federal plan. Additionally, the timing of treatment system WWW; 40 CFR part 62, subpart GGG; or monitoring plans for legacy controlled many of these requirements have a state plan implementing 40 CFR part landfills that were treating LFG for provided additional operational 60, subpart Cc and have closed since flexibility to landfills, such as the subsequent sale or beneficial reuse before the effective date of the Federal 28, 2017, do not need to removal of the oxygen/nitrogen submit an initial NMOC report and are operational standard at wellheads, the plan. In the 2016 MSW Landfills EG, the not required to submit subsequent option to meet some of the GCCS EPA finalized a new requirement to annual reports (see 40 CFR removal criteria by demonstrating that prepare a treatment system monitoring the control system cannot operate for 15 plan (40 CFR 60.39f(b)(5)). This plan 62.16714(e)(1)(ii)). years, new optional Tier 4 surface- was required to be submitted as part of 3. Other Technical Corrections and emissions-based provisions, and the the landfill’s title V application and the Clarifications ability to use actual gas flow data plan would be reviewed as part of the instead of modeled emissions for general permitting process. Because The EPA is making several technical excluding non-productive areas of the legacy controlled landfills may not have corrections in this final action that were landfill from control. Prior to already submitted this plan under the 5- identified during the public comment compliance with the new requirements, year title V renewal timeline, we have process in order to improve the clarity owners or operators of legacy controlled clarified in 40 CFR 62.16724(d)(7) that of the rule. Two commenters noted that landfills must continue to operate the legacy controlled landfills have up to a typo appeared in 40 CFR , 2022, to develop or update this GCCS and monitor, report, and keep 62.16711(a)(1), where ‘‘, 2014’’ plan. See EPA’s Response to Comments records in accordance with the appeared instead of the correct date, document for the 2016 MSW Landfills requirements in 40 CFR part 60, subpart ‘‘July 17, 2014.’’ The EPA has corrected WWW; 40 CFR part 62, subpart GGG; or EG (Docket ID Item No. EPA–HQ–OAR– 2014–0451–0229, section 11.7). this typographical error in the final a state plan implementing 40 CFR part regulation. One commenter pointed out 60, subpart Cc, depending on which Landfills that are treating LFG are anticipated to already have that 40 CFR 62.16712(a) instructed regulation applies to the landfill before readers to refer to 40 CFR 62.16730 for this Federal plan becomes effective. documentation in place for LFG treatment specifications that are related a definition of each increment of The EPA also acknowledges that some to contractual agreements or operational progress, however, the section did not of the legacy controlled landfills have procedures. Therefore, the EPA has contain these definitions. The EPA already conducted initial performance determined that 1 year is sufficient time agrees with this missing reference and tests or submitted initial annual reports to complete this requirement under the has added definitions to 40 CFR under the previous regulations. The Federal plan. 62.16730 for nine terms: ‘‘Achieve final EPA is exempting legacy controlled compliance,’’ ‘‘Award contract,’’ landfills from the requirement to redo 2. Closed Landfills and the Closed ‘‘Complete on-site construction,’’ ‘‘EPA any initial performance tests that were Landfill Subcategory approved state plan,’’ ‘‘Final control previously submitted under 40 CFR part The EPA is clarifying the compliance plan (Collection and control system 60, subpart WWW; 40 CFR part 62, obligation requirements for closed design plan),’’ ‘‘Indian Country,’’ subpart GGG; or a state plan landfills, although these clarifications implementing 40 CFR part 60, subpart did not lead to a change in the ‘‘Initiate on-site construction,’’ Cc. However, if legacy controlled regulatory text. The 2016 MSW ‘‘Negative declaration letter,’’ and landfills add additional flares or any Landfills EG established a closed ‘‘Tribal plan.’’ These definitions are other additional control equipment after landfill subcategory for landfills that consistent with the terms as defined in this Federal plan becomes effective, closed on or before , 2017. 40 CFR part 62, subpart GGG, and those test results must be submitted to For landfills that meet the criteria of the include modifications specific to the EPA’s Central Data Exchange (CDX) and closed landfill subcategory, the EPA is requirements of this MSW Landfills included in future annual reports. finalizing, as proposed, the exemption Federal Plan. The same commenter Similarly, the EPA is clarifying the from submitting an initial or most recent further noted that 40 CFR 62.16712(c) timing of the initial annual report for NMOC emission rate report provided referred to Table 2 in subpart OOO for legacy controlled landfills that have that the report showed emissions below site-specific compliance schedules, already submitted an initial report 50 Mg per year, which is the emission though there is no Table 2 included in under previous landfill regulations. The threshold for this subcategory (see 40 subpart OOO. The EPA has not received EPA is clarifying in 40 CFR 62.16724(h) CFR 62.16711(g)(2)). However, for any requests for site-specific compliance that legacy controlled landfills continue landfills that have closed since schedules, and we are therefore not the annual frequency for reporting by , 2017, the EPA is including a Table 2 in the final rule. As allowing submittal 1 year after the requiring an initial NMOC emission rate such, the EPA has removed any report was submitted under the report in order to assess whether the reference to Table 2 from the regulatory previous regulations. The contents of landfill exceeds the lower threshold of text. Additionally, the EPA has the annual reports submitted after this 34 Mg per year and must install a GCCS corrected the citations in the regulatory Federal plan becomes effective must (see 40 CFR 62.16714(e)). Because the text to refer to 40 CFR 62.16710– reflect the requirements listed in 40 CFR emission rate threshold has been 62.16730 instead of 40 CFR 62.710– 62.16724(h). For example, if a landfill reduced, this initial report is necessary submitted its last annual report under in order to establish the timeline and 62.730.

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B. Inventory of Designated MSW final inventory included in Developing TABLE 4—SUMMARY OF ESTIMATED Landfills a Federal Plan Source and Emission NMOC EMISSIONS FROM EXISTING The docket for this action includes an Inventory-Final Rule, February 2021. MSW LANDFILLS EXPECTED TO BE inventory of the MSW landfills that are C. Inventory of Emissions COVERED BY THE FEDERAL PLAN— covered by this MSW Landfills Federal As a required element of this Federal Continued Plan in the absence of approved state or plan, the docket contains an inventory tribal plans. The inventory of designated of emissions from the MSW landfills 2021 NMOC facilities and their corresponding Region/state emissions that are covered by this final Federal emissions are elements of a Federal (Mg per year) plan. The EPA estimated the emissions plan, as discussed in section II.E of this from the inventory of existing MSW Arkansas ...... 319 preamble. At proposal, the EPA landfills that are expected to be covered Louisiana ...... 587 developed an initial inventory of by the Federal plan as of February 5, Oklahoma ...... 318 landfills and emissions by identifying 2021. Pollutant emissions are expressed Texas ...... 2,030 existing landfills that were expected to Region 7: in Mg NMOC per year in calendar year be covered by the proposed Federal plan Iowa ...... 358 2021. Table 4 of this preamble (Docket ID Item No. EPA–HQ–OAR– Kansas ...... 330 summarizes the results of the inventory. Missouri ...... 427 2019–0338–0006) and requested that These estimates are based solely on states or owners or operators identify Nebraska ...... 279 the modeled emissions remaining after Region 8: additional sources for inclusion on the considering controls required by 40 CFR Colorado ...... 772 list. During the comment period, the part 60, subparts WWW and Cc, and do Montana ...... 93 EPA received one comment that not include any additional emissions North Dakota ...... 50 provided edits to the source inventory reductions from voluntary actions, such Utah ...... 298 for MSW landfills in Oklahoma. The as early installation of the GCCS. See Wyoming ...... 48 Region 9: commenter provided updated the memorandum, Developing a Federal information about three landfills in the Arizona * ...... 377 Plan Source and Emission Inventory- Hawaii ...... 112 draft source inventory and provided a Final Rule, February 2021, which is list of 11 landfills that accepted waste Nevada ...... 75 available in the docket for this action, Region 10: after November 8, 1987, that were for the complete emissions inventory, Alaska ...... 91 missing from the draft inventory. A including detailed emissions from MSW Idaho ...... 113 complete list of the additional landfills landfills in each state, and details on the Washington ...... 388 can be found in the comment letter calculations used to determine those (Docket ID Item No. EPA–HQ–OAR– * Arizona includes estimates for 18 landfills emissions. in Maricopa and Pima counties only. 2019–0338–0012). In addition to adjusting the inventory based on public TABLE 4—SUMMARY OF ESTIMATED V. Summary of Final MSW Landfills comments, the EPA reviewed and Federal Plan Requirements NMOC EMISSIONS FROM EXISTING approved several state plans since A. What are the final applicability proposal, as listed in section II.D of this MSW LANDFILLS EXPECTED TO BE requirements? preamble. Therefore, the EPA has also COVERED BY THE FEDERAL PLAN adjusted the inventory to remove any The Federal plan applicability criteria 2021 NMOC (40 CFR 62.16711) reflect those landfills for which EPA has signed an Region/state emissions approval (full or partial) for the state (Mg per year) established by the 2016 MSW Landfills plan, regardless of whether or not it has EG (40 CFR 60.31f). The designated been published in the Federal Register Region 1: facility for this MSW Landfills Federal and become effective. Since the Connecticut ...... 13 Plan is described in section III.A of this approvals were submitted to the Federal Massachusetts ...... 391 preamble and this action establishes an Register before this rule, it is expected New Hampshire ...... 74 MSW Landfills Federal Plan to Region 2: implement the 2016 MSW Landfills EG that the previously-approved state plans New Jersey ...... 318 will be effective before the effective date New York ...... 833 for designated facilities located in states of the MSW Landfills Federal Plan. Puerto Rico ...... 268 and tribal countries without an As of February 2021, there are an Virgin Islands ...... 13 approved state plan. estimated 1,590 landfills covered by this Region 3: The EPA partially approved and final Federal plan. These landfills exist Maryland ...... 412 partially disapproved the California in 42 states and the U.S. territories of Pennsylvania ...... 1,391 state plan because the plan omitted Puerto Rico and the Virgin Islands. Region 4: certain required provisions. Thus, for Additionally, one tribal entity, the Salt Alabama ...... 424 MSW landfills that are affected by the Florida ...... 1,121 River Pima Maricopa Indian Georgia ...... 1,082 California state plan, the EPA is Community, is covered by this final Kentucky ...... 519 updating 40 CFR part 62, subpart F (40 Federal plan. For a discussion of the Mississippi ...... 205 CFR 62.1115(b)(2)) to identify the sources, their locations, and information North Carolina ...... 934 provisions of the Federal plan used to develop the source list, see the South Carolina ...... 440 corresponding to the omitted memorandum, Developing a Federal Tennessee ...... 816 requirements that existing MSW Plan Source and Emission Inventory- Region 5: landfills in California must implement Final Rule, February 2021, which is Illinois ...... 1,301 in addition to the approved portion of Indiana ...... 767 available in the docket for this action. In Michigan ...... 1,164 the California plan: 40 CFR 62.16716(c) addition to this list, any MSW landfill Minnesota ...... 258 wellhead operational standards that meets the applicability criteria in Ohio ...... 1,189 (corresponding to 40 CFR 60.34f(c)), this action is subject to the Federal plan, Wisconsin ...... 513 62.16720(a)(5) wellhead monitoring regardless of whether it is listed in the Region 6: (corresponding to 40 CFR 60.36f(a)(5)),

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62.16722(a)(2) and (3) wellhead per year or greater under 40 CFR part emission rate report to restart the monitoring (corresponding to 40 CFR 60, subpart WWW; 40 CFR part 62, timeline for meeting each increment of 60.37f(a)(2) and (3)), 62.16724(k) subpart GGG; or a state plan progress. corrective action (corresponding to 40 implementing 40 CFR part 60, subpart The five mandatory increments of CFR 60.38f(k)), and 62.16726(e)(2) and Cc to demonstrate compliance with the progress are as follows: (5) recordkeeping (corresponding to 40 increments of progress to install a 1. Submit final control plan (design CFR 60.39f(e)(2) and (5)). GCCS. All designated facilities with a plan)—12 months after the first annual design capacity equal to or greater than emission rate report showing NMOC B. What are the final compliance 2.5 million Mg and 2.5 million m3 are emissions ≥34 Mg per year (≥50 Mg per schedules? required to submit subsequent NMOC year for the closed landfill subcategory). Unless the landfill is a legacy emission rate reports until the collection 2. Award contracts for control systems controlled landfill, owners or operators and control system begins operating in or orders for purchase of components— of MSW landfills subject to the MSW accordance with 40 CFR 62.16716. 20 months after the first annual Landfills Federal Plan are required to Increments of progress are required emission rate report showing NMOC submit a design capacity report within only for requirements with compliance emissions ≥34 Mg per year (≥50 Mg per 90 days after the effective date of the deadlines exceeding 1 year. Therefore, year for the closed landfill subcategory). Federal plan (40 CFR 62.16724(a)). If the the 30-month compliance timeline only 3. Begin on-site construction or design capacity report indicates a applies to installations of GCCS for installation of the GCCS—24 months capacity equal to or greater than 2.5 those sources newly subject to these after the first annual emission rate million Mg and 2.5 million m3 of solid requirements because of the revision to report showing NMOC emissions ≥34 waste a landfill can accept, an annual the NMOC emissions threshold. Mg per year (≥50 Mg per year for the NMOC emission rate report must also be Otherwise, all designated facilities must closed landfill subcategory). submitted within 90 days after the comply with all applicable standards 4. Complete on-site construction or effective date of the Federal plan and and monitoring, recordkeeping, and installation of the GCCS—30 months then every 12 months until the landfill reporting requirements as of the after the first annual emission rate ≥ installs a GCCS (40 CFR 62.16724(c)). effective date of this rule June 21, 2021. report showing NMOC emissions 34 ≥ As discussed in section IV.A of this For example, landfills must monitor all Mg per year ( 50 Mg per year for the preamble, legacy controlled landfills cover penetrations and keep records of closed landfill subcategory). have satisfied the requirement to submit locational data (longitude and latitude 5. Achieve final compliance—30 their initial design capacity report and coordinates) of each monitored months after the first annual emission NMOC emission rate report with their rate report showing NMOC emissions exceedance during quarterly surface ≥ ≥ initial reports previously submitted emissions monitoring (SEM) as of the 34 Mg per year ( 50 Mg per year for the under 40 CFR part 60, subpart WWW; effective date of this rule. Additionally, closed landfill subcategory). Note that 40 CFR part 62, subpart GGG; or a state certain reports are required to be the initial performance test to plan implementing 40 CFR part 60, submitted electronically after the demonstrate compliance must be subpart Cc. effective date of this rule. conducted within 180 days after the If the first NMOC emission rate report This MSW Landfills Federal Plan date the landfill is required to achieve submitted under the MSW Landfills includes the five increments of progress final compliance. For a legacy Federal Plan shows emissions less than required by 40 CFR 60.24(e)(1) and controlled landfill, the initial or most 34 Mg per year NMOC (50 Mg per year provides flexibility to establish the recent performance test conducted to for the closed landfill subcategory), then increment dates (40 CFR 62.16712). The comply with 40 CFR part 60, subpart the owner or operator must recalculate MSW Landfills Federal Plan contains a WWW; 40 CFR part 62, subpart GGG; or NMOC emissions annually and submit generic compliance schedule (Table 1 to a state plan implementing 40 CFR part annual NMOC emission rate reports 40 CFR part 62, subpart OOO) that 60, subpart Cc, is sufficient for unless the MSW landfill is closed. (See applies to designated MSW landfills compliance with this part. The test 40 CFR 62.16724(c)(3) for conditions unless the EPA approves an alternative report does not have to be resubmitted. under which 5-year reports rather than schedule according to the criteria in 40 The compliance deadline for the first, annual reports may be submitted.) CFR 60.27(e)(2). Legacy controlled fourth, and fifth increments is If an emission rate report shows that landfills have already satisfied, at a established in the 2016 MSW Landfill NMOC emissions equal or exceed 34 Mg minimum, the first increment of EG. The EPA selected the deadlines for per year, the owner or operator must progress under their previous rule. the second and third increments to begin following enforceable increments Depending on where the landfill is in match the lengths of time for these of progress to install and operate a the construction and operation phase of increments that was included in the GCCS within 30 months after the date its GCCS, they may have already previous Federal plan for MSW landfills the first annual NMOC Emission Rate satisfied all five increments of progress. and to allow a reasonable period of time Report shows NMOC reaching or If a landfill has not yet reached for MSW landfills to: Complete these exceeding 34 Mg per year NMOC (40 increment 5 (achieve final compliance), activities, have the regulatory agency CFR 62.16712). Therefore, the generic it must demonstrate compliance with review and approve the design plan, schedule for the increments of progress any remaining increments of progress solicit bids, and award contracts within starts with the date of the first annual on this schedule. However, the landfill the overall implementation schedule. emission rate report that shows NMOC must use the date of its first NMOC According to 40 CFR 60.27(e)(1), emissions equal or exceed 34 Mg per emission rate report submitted under 40 Federal plan compliance times may be year (40 CFR 62.16712(c)). CFR part 60, subpart WWW; 40 CFR no less stringent than those established Alternatively, a landfill may follow Tier part 62, subpart GGG; or a state plan in the EG. The EPA will accept facility- 4 as discussed later in this section (40 implementing 40 CFR part 60, subpart specific compliance schedules from CFR 62.16718(a)(6)). Legacy controlled Cc showing NMOC emissions at or MSW landfill owners or operators, as landfills have 30 months from when above 50 Mg to calculate deadlines for allowed under 40 CFR 60.27(e)(2). they submitted an NMOC emission rate remaining increments not yet met. The However, owners or operators using report that showed emissions of 50 Mg landfill may not resubmit a new alternate dates for increments 2 and 3

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must continue to meet the required provisions in the NSPS and EG. The ppm (40 CFR 62.16718(a)(6)(v)), the dates for increments 1, 4, and 5. opt-in provisions allow landfills to MSW landfill would be required to Owners or operators employing Tier 4 follow one set of operational, install a GCCS according to the schedule would follow the generic compliance compliance, monitoring, and reporting in section V.B of this preamble and schedule for Tier 4 landfills in Table 1 provisions for pressure and temperature. Table 1 to 40 CFR part 62, subpart OOO. to 40 CFR part 62, subpart OOO. The opt-in provisions appear in this 2. Gas Collection System Monitoring Increment 1 is triggered by the first Federal plan at 40 CFR 62.16716, measured concentration of methane of 62.16720, and 62.16722, as well as The EPA requires that the LFG 500 parts per million (ppm) or greater, corresponding recordkeeping and collection system must be equipped rather than the initial NMOC emission reporting provisions in 40 CFR 62.16724 with a sampling or access port and the rate report showing NMOC emissions 34 and 62.17726. owner or operator must periodically Mg per year or greater. Landfills This Federal plan also applies a monitor gauge pressure in the gas employing Tier 4 would continue to technical correction made to the collection header, monitor nitrogen or submit an annual NMOC emission rate compliance provisions section of the oxygen content in the LFG, and monitor report (40 CFR 62.16724(c)). Timing of MSW Landfills EG (85 FR 17244, March temperature of the LFG (40 CFR increments 2 through 5 for Tier 4 16, 2020). The technical correction 62.16722(a)). landfills are based on the most recent appears in this Federal plan at 40 CFR 3. Flare Monitoring NMOC emission rate report showing 62.16720(a)(3)(ii). The technical NMOC emissions rate of 34 Mg per year correction accounts for elevated The EPA requires that, if a flare is or greater. temperature measurement as a used, the owner or operator must parameter for which the root cause monitor the flare using a heat sensing C. What are the final emissions limits device that indicates presence of a flame and operating limits? analysis is required and for which the owner or operator must follow the and a device that records flow to the The EPA requires that an MSW corrective action schedule. flare and any bypass lines (40 CFR landfill subject to the Federal plan must 62.16722(c)). install and operate a GCCS that meets D. What are the final performance specified emissions and operating limits testing and monitoring requirements? 4. Control Device Testing and Monitoring (40 CFR 62.16714 and 40 CFR 1. NMOC Emissions Rate 62.16716), if the NMOC emissions rate The EPA requires that, if an enclosed is 34 Mg per year or more (50 Mg per The EPA requires that, to determine if control device is used, the owner or year or more for the closed landfill a GCCS is required, the owner or operator must conduct an initial subcategory). The standards require operator must determine NMOC performance test (40 CFR 62.16714(c)). owners or operators to operate the GCCS emissions using one or both of the two The owner or operator must then at a negative pressure at each wellhead emission rate equations in the rule and operate the device as required by the (except during certain specified one of four optional methods to manufacturer’s specifications, install a conditions), operate the interior determine the model inputs (referred to temperature monitoring device, and wellhead at a temperature less than 55 as tier methods in the rule) (40 CFR install a device that records flow to the degrees Celsius (131 degrees 62.16718(a)). Tier 1 uses default control device and any bypass lines (40 Fahrenheit), and operate the collection assumptions for methane generation rate CFR 62.16722(b)). A temperature system so that the methane and NMOC concentration in the monitoring device is not required for concentration is less than 500 ppm emissions model (40 CFR boilers or process heaters with a design above background at the surface of the 62.16718(a)(2)). Tier 2 requires testing to heat capacity of 44 megawatts or greater landfill (40 CFR 62.16716(b)—(d)). The determine a site-specific NMOC (40 CFR 62.16722(b)(1)). owner or operator of a landfill must concentration. Tier 3 requires testing to E. What are the final recordkeeping and control the collected gas by routing it to determine a site-specific NMOC either: (1) A non-enclosed flare designed concentration and methane generation reporting requirements? and operated according to the rate (40 CFR 62.16718(a)(4)). Any MSW The EPA requires that owners or requirements of 40 CFR 60.18, (2) an landfill that exceeds the NMOC operators must retain records of all enclosed control device achieving 98- emissions threshold using Tier 2 or 3 required monitor readings (40 CFR percent NMOC reduction or an outlet would install a GCCS unless the owner 62.16726). Owners or operators must concentration of 20 ppm NMOC by or operator chooses to use Tier 4 (40 submit certain required performance volume or less, or (3) a gas treatment CFR 62.16718(a)(6)). test reports, NMOC emission rate system that processes the collected gas Tier 4 is based on SEM to demonstrate reports, and annual reports for subsequent sale or beneficial use (40 that surface emissions are low (40 CFR documenting compliance and any CFR 62.16714(c)). 62.16718(a)(6)). An owner or operator deviations from the operating standards The requirements of the Federal plan can use Tier 4 only if the MSW landfill in the Federal plan (40 CFR 62.16724). are the same as the requirements of the owner or operator can demonstrate that As noted in section V.C of this 2016 MSW Landfills EG. Consistent NMOC emissions are greater than or preamble, the Federal plan adds the opt- with a Federal Register document on equal to 34 Mg per year but less than 50 in provisions consistent with the MSW , 2020 (85 FR 17244), this Mg per year using Tier 1 or Tier 2. An Landfills EG. Corresponding Federal plan applies the ‘‘opt-in’’ MSW landfill employing Tier 4 that can recordkeeping and reporting provisions provisions that allow MSW landfills demonstrate that surface emissions are appear in 40 CFR 62.16724(h), (k), and affected by the NSPS and EG to below 500 ppm for four consecutive (q) and 62.16726(e). Also as noted in demonstrate compliance with the major quarters would not trigger the section V.C of this preamble, the Federal compliance provisions of the National requirement to install a GCCS even if plan applies a technical correction to Emission Standards for Hazardous Air Tier 1, 2, or 3 calculations indicate that the compliance provisions and the Pollutants: Municipal Solid Waste the 34 Mg per year threshold has been corresponding reporting requirement in Landfills (MSW Landfills NESHAP) in exceeded. However, once SEM the reporting section. Those reporting lieu of complying with the analogous demonstrates emissions exceeding 500 corrections appear in this Federal plan

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at 40 CFR 62.16724(h)(7) and ensure implemented by the EPA through its EPA determines that the plan is as that the owner or operator conducts a general regulations implementing that protective as the 2016 MSW Landfills corrective action analysis, develops an section and its particular EGs, are EG, the EPA will approve the state or implementation schedule, and reports achieved. Also, in CAA section 111(d) tribal plan. If the EPA determines that corrective action(s) to address not only Congress explicitly required that the the plan is not as protective as the 2016 positive pressure, but also elevated EPA establish procedures that are like MSW Landfills EG, the EPA will temperature. those under CAA section 110(c) for state approve the portions of the plan that are All required reports must be implementation plans. Although consistent with the 2016 MSW Landfills submitted through the EPA’s CDX using Congress required the EPA to propose EG. If a state or tribal plan is approved the Compliance and Emissions Data and promulgate a Federal plan for states in part, portions of the Federal plan will Reporting Interface (CEDRI) (40 CFR and tribes that fail to submit approvable apply to the designated MSW landfills 62.16724(j)). Owners or operators are plans on time, states and tribes may in lieu of the disapproved portions of allowed to maintain electronic copies of submit plans after promulgation of this the state or tribal plan until the state or the records in lieu of hardcopies to Federal plan. The EPA strongly tribe addresses the deficiencies in the satisfy Federal recordkeeping encourages states and tribes that are plan and the revised plan is approved requirements. unable to submit approvable plans to by the EPA. Prior to any disapproval, The requirement to submit request delegation of the Federal plan so the EPA will work with states and tribes performance test data electronically to that they can have primary in an attempt to reconcile areas of the the EPA would apply only to those responsibility for implementing the plan that remain inconsistent with the performance tests conducted using test 2016 MSW Landfills EG, consistent with EG. methods that are supported by the the intent of Congress. Upon the effective date of a state or Electronic Reporting Tool (ERT). A The preferred outcome under the tribal plan, the Federal plan will no listing of the pollutants and test statute and the regulations results when longer apply to MSW landfills covered methods supported by the ERT is the state, tribal, and local agencies by such a plan and the state or tribe available at: https://www3.epa.gov/ttn/ implement an EPA-approved state or would implement and enforce the state _ tribal plan because state, tribal, and chief/ert/ert info.html. When the EPA plan in lieu of the Federal plan. When local agencies not only have the adds new methods to the ERT, a notice an EPA Regional office approves a state responsibility to implement the 2016 will be sent out through the or tribal plan, it will amend the MSW Landfills EG, but also have the Clearinghouse for Inventories and appropriate subpart of 40 CFR part 62 to practical knowledge and enforcement Emissions Factors (CHIEF) Listserv indicate such approval. (https://www.epa.gov/airemissions- resources critical to achieving the inventories/emissionsinventory- highest rate of compliance. In cases 2. State or Tribe Taking Delegation of listservs) and a notice of availability will where states are unable to develop and the Federal Plan be added to the ERT website. The EPA submit approvable state or tribal plans, it is still preferable for the state, tribal, The EPA, in its discretion, may encourages landfill owners or operators delegate to states or tribes the authority to check the ERT website regularly for and local agencies to be the implementing agency. For these reasons, to implement this Federal plan. As up-to-date information on methods discussed above, the EPA has concluded supported by the ERT. the EPA will do all that it can to expedite delegation of the Federal plan that it is advantageous and the best use VI. Implementation of the Federal Plan to state, tribal, and local agencies, of resources for states or tribes to agree and Delegation whenever possible, in cases where states to undertake, on the EPA’s behalf, administrative and substantive roles in A. Background of Authority or tribes are unable to develop and submit approvable state or tribal plans. implementing the Federal plan to the Under CAA section 111(d) and the The EPA will also continue to review extent appropriate and where EPA’s regulations implementing that and approve state or tribal plans after authorized by Federal, state, or tribal section, the EPA adopts EG that are promulgation of this Federal plan. law. If a state or tribe requests applicable to existing MSW landfills. delegation, the EPA will generally These EG are implemented when the B. Mechanisms for Transferring delegate the entire Federal plan to the EPA approves a state or tribal plan or Authority state or tribe. These functions include adopts a Federal plan that implements There are two mechanisms for administration and oversight of and enforces the EG. As discussed in transferring implementation authority to compliance, reporting, and section III of this preamble, this final state, tribal, and local agencies: (1) The recordkeeping requirements, MSW action regulates existing MSW landfills EPA approves of a state plan after the landfill inspections, and preparation of in states or Indian country that do not Federal plan is in effect; and (2) if a state draft notices of violation, but will not have fully approved plans in effect to does not submit or obtain approval of its include any authorities retained by the implement the EG. own plan, the EPA provides delegation EPA. The EPA and agencies that have Congress has determined that the to a state or tribe with the authority to taken delegation will have primary responsibility for air pollution implement certain portions of this responsibility for bringing enforcement prevention and control rests with state, Federal plan to the extent appropriate actions against sources violating Federal tribal, and local agencies. See CAA and if allowed by state law. Both plan provisions. section 101(a)(3). Consistent with that options are described in more detail C. Implementing Authority overall determination, Congress below. established CAA section 111(d) with the The EPA Regional Administrators intent that state, tribal, and local 1. Federal Plan Becomes Effective Prior have been delegated the authority for agencies take the primary responsibility to Approval of a State Plan implementing the MSW Landfills for ensuring, with regard to existing After MSW landfills in a state become Federal Plan. All reports required by the sources, that the standards of subject to the Federal plan, the state or Federal plan should be submitted to the performance and other requirements tribal agency may still adopt and submit appropriate Regional Administrator. contemplated by that section, and a state or tribal plan to the EPA. If the Table 3 of this preamble lists the

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addresses for the EPA Regional offices monitoring requirement. These changes B. Title V and Delegation of Federal and the states they cover. would involve the use of unproven Plan technology or procedures or an entirely D. Delegation of the Federal Plan and Issuance of a title V permit is not new method, which is sometimes Retained Authorities equivalent to the approval of a state or necessary when the required test If a state or tribe intends to take tribal plan or delegation of a Federal method or monitoring requirement is plan. Legally, delegation of a standard delegation of the Federal plan, the state unsuitable. or tribe must submit a written request or requirement results in a delegated Any MSW landfill owner or operator for delegation of authority to the state or tribe standing in for the EPA as who wishes to petition the EPA for an appropriate EPA Regional office (see a matter of Federal law. This means that alternative requirement to those in 40 Table 3). The state or tribe must explain obligations a source may have to the CFR 62.16710(b) should submit a how it meets the criteria for delegation. EPA under a federally promulgated See, Good Practices Manual for request to the appropriate Regional standard become obligations to the state Delegation of NSPS and NESHAP (U.S. Administrator with a copy sent to the or tribal agency (except for functions EPA, February 1983), which is available appropriate state. that the EPA retains for itself) upon 4 in the docket for this action. The letter VII. Title V Operating Permits delegation. Although states or tribes requesting delegation of authority to may have the authority under their implement the Federal plan must: (1) A. Title V Requirements for Existing respective laws to incorporate CAA Demonstrate that the state or tribe has MSW Landfills section 111 requirements into their title V permits, and implement and enforce adequate resources, as well as the legal Existing MSW landfills with design these requirements in those permits authority, to administer and enforce the capacities less than 2.5 million Mg or without first taking delegation of the program; (2) include an inventory of 2.5 million m3 are not required to have CAA section 111 Federal plan, the state designated MSW landfills, which a title V operating permit, unless they or tribe is not standing in for the EPA includes those that have ceased are a major source or are subject to title as a matter of Federal law in this operation, but have not been dismantled V (part 70 or part 71) for some other situation. Where a delegation of a CAA or rendered inoperable, and an reason (e.g., subject to a CAA section section 111 Federal plan is granted to a inventory of the designated units’ air 112 national emission standards for state or tribal agency, obligations that a emissions; (3) certify that a public hazardous air pollutants or to another source has to retain functions under the hearing was held on the state or tribal CAA section 111 NSPS). All existing Federal plan still remain after a title V delegation request; and (4) include a MSW landfills with design capacities permit is issued to the source. As a memorandum of agreement between the equal to or greater than 2.5 million Mg result, the EPA maintains that an state or tribe and the EPA that sets forth and 2.5 million m3 must have a title V approved 40 CFR part 70 operating the terms and conditions of the operating permit. Existing MSW permits program cannot be used as a delegation, the effective date of the landfills that are not currently subject to mechanism to transfer the authority to agreement, and the mechanism to title V permitting because their design transfer authority. Upon signature of the implement and enforce the Federal plan capacity is less than 2.5 million Mg or agreement, the appropriate EPA from the EPA to a state or tribe. 2.5 million m3 may trigger the Regional office will publish an approval A state or tribe may have the authority requirement to apply for a title V permit document in the Federal Register, under state or tribal law to incorporate in the future if the landfill’s design thereby incorporating the delegation of CAA section 111 requirements into its capacity increases to equal or exceed 2.5 authority into the appropriate subpart of title V permits and implement and million Mg and 2.5 million m3. Such 40 CFR part 62. enforce these requirements in that sources, newly subject to the If authority is not delegated to a state context without first taking delegation requirement to obtain a title V permit or tribe, the EPA will implement the of the CAA section 111 Federal plan.5 for operating the MSW landfill at or Federal plan. Also, if a state or tribe fails Some states or tribes, however, may not above the 2.5 million Mg or 2.5 million to properly implement a delegated be able to implement and enforce a CAA m3 capacity, become subject to the title portion of the Federal plan, the EPA section 111 standard in a title V permit V program 90 days after the effective will assume direct implementation and under state or tribal law until the CAA date of this Federal plan, even if the enforcement of that portion. The EPA section 111 standard has been design capacity report is submitted prior will continue to hold enforcement delegated. In these situations, a state or to that date. This date that triggers title authority along with the state or tribe tribe should not issue a 40 CFR part 70 V applicability is consistent with the even when the Agency has received permit to a source subject to a Federal 2016 MSW Landfills EG. The delegation of the Federal plan. In all plan before taking delegation of the requirements of a Federal plan are cases where the Federal plan is CAA section 111 Federal plan. applicable requirements for title V delegated, the EPA will retain and will However, if a state or tribe can sources covered by a Federal plan. not transfer authority to a state or tribe provide an attorney general’s (AG’s) Additional information for filing a to approve the following items opinion delineating its authority to timely title V application should be promulgated in 40 CFR 62.16710(b)): (1) incorporate CAA section 111 Approval of alternative methods to obtained at the permitting authority. See determine the site-specific NMOC 40 CFR 70.5(a)(1)(i) or 71.5(a)(1)(i). 4 If the Administrator chooses to retain certain concentration or a site-specific methane An MSW landfill that is closed and is authorities under a standard, those authorities generation rate constant (k); (2) no longer subject to title V as a result cannot be delegated, e.g., alternative methods of demonstrating compliance. alternative emission standards; (3) major of this Federal plan may remain subject 5 The EPA interprets the phrase ‘‘assure alternatives to test methods and to title V permitting requirements for compliance’’ in CAA section 502(b)(5)(A) to mean monitoring; and (4) waivers of another reason or reasons. See 40 CFR that permitting authorities will implement and recordkeeping. Major alternatives to test 62.16711(e) and 40 CFR 70.3 or 71.3. In enforce each applicable standard, regulation, or requirement which must be included in the title V methods or to monitoring are such circumstances, the landfill would permits that the permitting authority issues. See modifications made to a federally be required to continue operating in definition of ‘‘applicable requirements’’ in 40 CFR enforceable test method or to a Federal compliance with a title V permit. 70.2. See also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1).

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requirements into its title V permits, ‘‘What are the final compliance A. Executive Order 12866: Regulatory and then implement and enforce these schedules?’’ Planning and Review and Executive requirements through its title V permits It is important to note that the EPA is Order 13563: Improving Regulation and without first taking delegation of the not using its authority under 40 CFR Regulatory Review requirements, then a state or tribe does 70.4(i)(3) to request that all states and This action is not a significant not need to take delegation of the CAA tribes that do not take delegation of this section 111 requirements for the regulatory action and was, therefore, not Federal plan submit supplemental AG’s purposes of title V permitting.6 In submitted to the Office of Management opinions currently. However, the EPA practical terms, without approval of a and Budget (OMB) for review. Regional offices must request, and state or tribal plan, or an adequate AG’s B. Paperwork Reduction Act (PRA) opinion, states and tribes with approved permitting authorities must provide, 40 CFR part 70 permitting programs such opinions when the EPA questions This action does not impose any new open themselves up to potential a state’s or tribe’s authority to information collection burden under the questions regarding their authority to incorporate CAA section 111 PRA. OMB previously reviewed and issue permits containing CAA section requirements into a title V permit and approved the information collection 111 requirements and to assure implement and enforce these activities contained in the 2016 MSW compliance with these requirements. requirements in that context without Landfills EG and assigned OMB control Such questions could lead to the delegation. number 2060–0720. This action simply establishes the MSW Landfills Federal issuance of a notice of deficiency for a VIII. Incorporation by Reference state’s or tribe’s 40 CFR part 70 program. Plan to implement the 2016 MSW As a result, prior to a state or tribal In accordance with the requirements Landfills EG for those states that do not permitting authority drafting a 40 CFR of 1 CFR 51.5, we are finalizing have a state plan implementing the EG part 70 permit for a source subject to a regulatory text in 40 CFR 62.16722(i) and, therefore, the information CAA section 111 Federal plan, the state that includes the IBR of ASTM D6522– collection burden for landfills regulated or tribe, the EPA Regional office, and 11—Standard Test Method for under this Federal Plan are already source in question are advised to ensure Determination of Nitrogen Oxides, accounted for within the information that delegation of the relevant Federal Carbon Monoxide, and Oxygen collection activities approved under plan has taken place or that the Concentrations in Emissions from OMB control number 2060–0720. permitting authority has provided to the Natural Gas-Fired Reciprocating C. Regulatory Flexibility Act (RFA) EPA Regional office an adequate AG’s Engines, Combustion Turbines, Boilers, opinion. and Process Heaters Using Portable I certify that this action will not have In addition, if a permitting authority Analyzers (Approved 1, a significant economic impact on a chooses to rely on an AG’s opinion and 2011), as an alternative for determining substantial number of small entities not take delegation of a Federal plan, a oxygen for wellhead standards in 40 under the RFA. The small entities CAA section 111 source subject to the CFR 62.16722(a)(2)(ii) and subject to the requirements of this Federal plan in that state must 62.16722(a)(2)(iii)(B). For this test action are small MSW landfills. The simultaneously submit to both the EPA method, a gas sample is continuously Agency has determined that up to 15 and the state or tribe all reports required extracted from a duct and conveyed to small entities, representing approximately 13 percent of the total by the standard to be submitted to the a portable analyzer for determination of number of small entities subject to the EPA. Given that these reports are nitrogen oxides, carbon monoxide, and Federal plan, may experience an impact necessary to implement and enforce the oxygen gas concentrations using of greater than 3 percent of sales or CAA section 111 requirements when electrochemical cells. Analyzer design revenues. Details of this analysis are they are included in the title V permits, specifications, performance the permitting authority needs to presented in the memorandum, Small specifications, and test procedures are Entity Screening Assessment for receive these reports at the same time as provided to ensure reliable data. This the EPA. Proposed Federal Plan for Emission method is an alternative to EPA Guidelines and Compliance Times for In the situation where a permitting methods and is consistent with the Municipal Solid Waste Landfills, which authority chooses to rely on an AG’s methods already allowed under the is available in the docket for this action. opinion and not take delegation of a MSW Landfills NSPS (40 CFR part 60, Although Oklahoma submitted Federal plan, the EPA Regional offices subpart XXX) and MSW Landfills EG corrections to the inventory of MSW will be responsible for implementing (40 CFR part 60, subpart Cf). The ASTM landfills during the comment period, and enforcing CAA section 111 standard is available from the ASTM, the changes were not expected to requirements outside of any title V 100 Barr Harbor Drive, Post Office Box significantly affect the small entity permits. Moreover, in this situation, the C700, West Conshohocken, PA 19428– screening assessment; therefore, a new EPA Regional offices will continue to be 2959. See http://www.astm.org. This IBR analysis was not performed. More responsible for conducting any other has been approved by the Office of the details of the general economic analysis administrative functions required under Federal Register and the method is of the EG, which this action this Federal plan or any other CAA federally enforceable under the CAA as implements, are available in the docket section 111 Federal plan. See, e.g., of the effective date of this final for the 2016 MSW Landfills EG (Docket section V.B of this preamble titled rulemaking. ID Item No. EPA–HQ–OAR–2014–0451– 0225). 6 It is important to note that an AG’s opinion IX. Statutory and Executive Order submitted at the time of initial title V program Reviews As explained in the preamble to the approval is sufficient if it demonstrates that a state, proposed rule (84 FR 43755, August 22, local authority, territory, or tribe has adequate Additional information about these 2019), more details about outreach to authority to incorporate CAA section 111 statutes and Executive Orders can be small businesses conducted during the requirements into its title V permits and to implement and enforce these requirements through found at https://www.epa.gov/laws- development of the 2016 MSW Landfills its title V permits without delegation. regulations/laws-and-executive-orders. EG, which this action implements, are

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available in Docket ID No. EPA–HQ– additional federalism outreach meeting 12866. A copy of the certification is OAR–2014–0451. on 15, 2015. included in the record for the 2016 The principal intergovernmental MSW Landfills EG (Outreach under D. Unfunded Mandates Reform Act concerns raised during the preproposal Executive Order 13132 for MSW (UMRA) consultations, as well as during the Landfills, Docket ID Item Nos. EPA– This action does not contain any proposed rule’s public comment period, HQ–OAR–2014–0451–0013 and EPA– unfunded mandate as described in include: (1) Implementation concerns HQ–OAR–2014–0451–0100). UMRA, 2 U.S.C. 1531–1538. This action associated with shortening of GCCS implements mandates specifically and installation and/or expansion F. Executive Order 13175: Consultation explicitly set forth in 40 CFR 60.27 timeframes; (2) concerns regarding and Coordination With Indian Tribal without the exercise of any policy significant lowering of the design Governments discretion by the EPA. capacity or emission thresholds; (3) the This action has tribal implications as We note, however, that the EG may need for clarifications associated with specified in Executive Order 13175. affect small governments because small wellhead operating parameters; and (4) However, it will neither impose governments operate MSW landfills (80 the need for consistent, clear, and substantial direct compliance costs on FR 52146, , 2015). This action rigorous surface monitoring federally recognized tribal governments implements the promulgated EG. In requirements. In response to these nor preempt tribal law. The database developing the final 2016 MSW comments and based upon the available used to estimate impacts of the 2016 Landfills EG, the EPA consulted with data, the EPA decided not to adjust the MSW Landfills EG, identified one tribe, small governments pursuant to a plan design capacity or significantly lower the Salt River Pima-Maricopa Indian established under section 203 of the the emission threshold. The EPA also Community, which owns three landfills UMRA to address impacts of regulatory decided not to adjust the time allotted potentially subject to this Federal plan. requirements in the rule that might for installation of the GCCS or One of these landfills is open, the Salt significantly or uniquely affect small expansion of the wellfield. In the River Landfill, and is already governments. The EPA also held proposed MSW Landfills EG (80 FR controlling emissions under the current meetings as discussed in section IX.F of 52121, August 27, 2015), the EPA this preamble. NSPS/EG framework, so while subject to highlighted specific concerns raised by this subpart, the costs of this rule are E. Executive Order 13132: Federalism commenters, which included state not substantial. Two other landfills agencies as well as landfill owners or The EPA has concluded that this located in this tribe are closed and operators, about the interaction between anticipated to meet the definition of the action may have federalism shortened lag times and design plan implications, because the rule imposes closed landfill subcategory. One of the approvals, costs, and safety concerns closed landfills, the Tri Cities Landfill, substantial direct compliance costs on associated with reduced lag times and is already controlling emissions under state or local governments, and the the need for flexibility for lag time the current NSPS/EG framework and Federal government will not provide the adjustments. The EPA adjusted will not incur substantial additional funds necessary to pay those costs. The wellhead operating parameters to limit compliance costs under the Federal EPA provided a federalism summary corrective action requirements to plan. The other landfill, North Center impact statement for the 2016 MSW negative pressure and temperature. The Street Landfill, is not estimated to Landfills EG, as follows: The EPA EPA also acknowledged concerns about install controls under the Federal plan. consulted with state and local officials wellhead operating parameters in 80 FR The EPA offered consultation and early in the process of developing the 52121 (August 27, 2015) and considered coordination with Indian tribes on this 2016 MSW Landfills EG to permit them public comments in favor of and against to have meaningful and timely input retention of the parameters. action to permit them to have into its development. In developing the A complete list of the comments from meaningful and timely input into its regulatory options reflected in the state and local governments was development. However, no consultation proposed and final 2016 MSW Landfills provided to OMB and was placed in the was requested. EG, the EPA consulted with eight 2016 MSW Landfills EG Docket (Final G. Executive Order 13045: Protection of national organizations representing state Report of the Small Business Advocacy Children From Environmental Health and local elected officials. Additionally, Review Panel on EPA’s Planned Risks and Safety Risks the Environmental Council of the States, Proposed Rules Standards of the National Association of Clean Air Performance for Municipal Solid Waste The EPA interprets Executive Order Agencies, and the Association of State Landfills and Review of Emissions 13045 as applying only to those and Territorial Solid Waste Management Guidelines for Municipal Solid Waste regulatory actions that concern Officials participated in preproposal Landfills, Docket ID Item No. EPA–HQ– environmental health or safety risks that briefings. Finally, in addition to these OAR–2014–0451–0139). In addition, the the EPA has reason to believe may associations, over 140 officials detailed response to comments from disproportionately affect children, per representing state and local these entities is contained in the EPA’s the definition of ‘‘covered regulatory governments across the nation Response to Comments document for action’’ in section 2–202 of the participated in at least one of three the 2016 MSW Landfills EG (Docket ID Executive Order. This action is not preproposal briefings in the fall of 2013 Item No. EPA–HQ–OAR–2014–0451– subject to Executive Order 13045 (, 2013, , 2013, 0229). As required by section 8(a) of because it implements a previously and , 2013), which is Executive Order 13132, the EPA promulgated Federal standard. summarized in the docket for the 2016 included a certification from its H. Executive Order 13211: Actions MSW Landfills EG (Docket ID Item No. Federalism official stating that the EPA Concerning Regulations That EPA–HQ–OAR–2014–0451–0013). The had met the Executive Order’s Significantly Affect Energy Supply, EPA received comments on the 2016 requirements in a meaningful and Distribution, or Use MSW Landfills EG from over 40 entities timely manner when it sent the draft of representing state and local the 2016 MSW Landfills EG to OMB for This action is not subject to Executive governments. The EPA conducted an review pursuant to Executive Order Order 13211 because it is not a

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significant regulatory action under population, including any minority, ■ a. Revising paragraph (b); and Executive Order 12866. low-income, or indigenous populations. ■ b. Adding paragraphs (f) through (j). To the extent that any minority, low- I. National Technology Transfer and The revisions and additions read as income, or indigenous subpopulation is Advancement Act (NTTAA) and 1 CFR follows: disproportionately impacted by LFG Part 51 emissions due to the proximity of their § 62.13 Federal plans. This action involves technical homes to sources of these emissions, * * * * * standards. The EPA has decided to use that subpopulation also stands to see (b) The substantive requirements of voluntary consensus standard ASTM increased environmental and health the municipal solid waste landfills D6522–11, ‘‘Standard Test Method for benefit from the emission reductions Federal plan that implements 40 CFR the Determination of Nitrogen Oxides, called for by this action. The results of part 60, subpart Cc of this chapter, are Carbon Monoxide, and Oxygen the demographic analysis are presented contained in subpart GGG of this part. Concentrations in Emissions from in the EJ Screening Report for Municipal These requirements include emission Natural Gas-Fired Reciprocating Solid Waste Landfills, July 2016, a copy limits, compliance schedules, testing, Engines, Combustion Turbines, Boilers, of which is available in the 2016 MSW monitoring, and reporting and and Process Heaters Using Portable Landfills EG Docket (Docket ID Item No. recordkeeping requirements. After June Analyzers,’’ as an acceptable alternative EPA–HQ–OAR–2014–0451–0223). 21, 2021, per paragraph (j) of this to EPA Method 3A of appendix A–2 of section, the substantive requirements of part 60 when used at the wellhead K. Congressional Review Act (CRA) the municipal solid waste landfills before combustion. It is advisable to This action is subject to the CRA and Federal plan are contained in subpart know the flammability and check the the EPA will submit a rule report to OOO of this part and owners and lower explosive limit of the flue gas each House of the Congress and to the operators of municipal solid waste constituents prior to sampling, in order Comptroller General of the United landfills must comply with subpart to avoid undesired ignition of the gas. States. This action is not a ‘‘major rule’’ OOO of this part or a state/tribal plan The results of ASTM D6522–11 may be as defined by 5 U.S.C. 804(2). used to determine nitrogen oxides and implementing 40 CFR part 60, subpart carbon monoxide emission L. Clean Air Act Section 307(d) Cf of this chapter, instead of subpart concentrations from natural gas This final rule is subject to the GGG of this part. combustion at stationary sources. This provisions of CAA section 307(d). CAA * * * * * test method may also be used to monitor section 307(d)(1)(C) provides that CAA (f) [Reserved] emissions during short-term emission section 307(d) applies to, among other (g) The substantive requirements of tests or periodically in order to optimize things, ‘‘the promulgation or revision of the sewage sludge incineration units process operation for nitrogen oxides any standard of performance under Federal plan are contained in subpart and carbon monoxide control. The section 7411 of this title.’’ 42 U.S.C. LLL of this part. These requirements EPA’s review is documented in the 7407(d)(1)(C). This final rule include emission limits, compliance memorandum, Voluntary Consensus promulgates a Federal plan, which schedules, testing, monitoring, and Standard Results for Emission includes promulgation of a standard of reporting and recordkeeping Guidelines and Compliance Times for performance, pursuant to the authority requirements. Municipal Solid Waste Landfills, 2016, of CAA section 111(d). The Agency has (h) [Reserved] which is available in the docket for the complied with procedural requirements (i) [Reserved] 2016 MSW Landfills EG (Docket ID Item of CAA section 307(d) during the course (j) The substantive requirements of No. EPA–HQ–OAR–2014–0451–0206). of this rulemaking. In this rule, the EPA is finalizing the municipal solid waste landfills regulatory text for 40 CFR part 62, List of Subjects in 40 CFR Part 62 Federal plan that implements 40 CFR subpart OOO, that includes IBR in Environmental protection, part 60, subpart Cf of this chapter, are accordance with requirements of 1 CFR Administrative practice and procedures, contained in subpart OOO of this part. 51.5. Specifically, the EPA is Air pollution control, Incorporation by These requirements include emission incorporating by reference ASTM reference, Intergovernmental relations, limits, compliance schedules, testing, D6522–11. See section VIII. of this Reporting and recordkeeping monitoring, and reporting and preamble for information on the requirements. recordkeeping requirements. ■ 3. Amend § 62.1115 by adding availability of this material. Michael S. Regan, paragraph (b)(2) to read as follows: J. Executive Order 12898: Federal Administrator. Actions To Address Environmental For the reasons set forth in the Subpart F—California Justice in Minority Populations and preamble, the Environmental Protection Low-Income Populations Agency amends 40 CFR part 62 as § 62.1115 Identification of sources. The EPA believes that this action does follows: * * * * * not have disproportionately high and (b) * * * PART 62—APPROVAL AND adverse human health or environmental (2) The requirements of §§ 60.34f(c), PROMULGATION OF STATE PLANS effects on minority populations, low- 60.36f(a)(5), 60.37f(a)(2) and (3), FOR DESIGNATED FACILITIES AND income populations, and/or indigenous 60.38f(k), and 60.39f(e)(2) and (5) of this POLLUTANTS peoples, as specified in Executive Order chapter are not met since the plan does 12898 (59 FR 7629, , 1994). ■ 1. The authority citation for part 62 not provide for wellhead operational The EPA has determined that this action continues to read as follows: standards, wellhead monitoring, increases the level of environmental corrective action and recordkeeping Authority: 42 U.S.C. 7401 et seq. protection for all affected populations related to temperature. Municipal solid without having any disproportionately Subpart A—General Provisions waste landfills subject to the plan in high and adverse human health or § 62.1100(b)(7) must also implement the environmental effects on any ■ 2. Section 62.13 is amended by: provisions of §§ 62.16716(c),

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62.16720(a)(4), 62.16722(a)(2) and (3), paragraphs (a)(1) and (2) of this section, subject to the requirements of 62.16724(k), and 62.16726(e)(2) and (5). except for landfills exempted by § 70.5(a)(1)(i) or 71.5(a)(1)(i) of this * * * * * paragraphs (b) and (c) of this section. chapter 90 days after the effective date ■ 4. Part 62 is amended by adding (1) The municipal solid waste landfill of such CAA section 111(d) program subpart OOO, consisting of §§ 62.16710 commenced construction, approval, even if the design capacity through 62.16730, to read as follows: reconstruction, or modification on or report is submitted earlier. before July 17, 2014. (f) When an MSW landfill subject to Subpart OOO—Federal Plan (2) The municipal solid waste landfill this subpart is closed as defined in this Requirements for Municipal Solid has accepted waste at any time since subpart, the owner or operator is no Waste Landfills That Commenced November 8, 1987, or the landfill has longer subject to the requirement to Construction On or Before July 17, additional capacity for future waste maintain an operating permit under 40 2014 and Have Not Been Modified or deposition. CFR part 70 or 71 for the landfill if the Reconstructed Since July 17, 2014 (b) A municipal solid waste landfill landfill is not otherwise subject to the regulated by an EPA-approved and requirements of either 40 CFR part 70 or currently effective state or tribal plan 71 and if either of the following Sec implementing 40 CFR 60, subpart Cf, is conditions are met: 62.16710 Scope and delegated authorities. not subject to the requirements of this (1) The landfill was never subject to 62.16711 Designated facilities. subpart. the requirement to install and operate a (c) A municipal solid waste landfill 62.16712 Compliance schedule and gas collection and control system under increments of progress. located in a state, locality, or portion of § 62.16714; or 62.16714 Standards for municipal solid Indian country that submitted a negative (2) The landfill meets the conditions waste landfill emissions. declaration letter is not subject to the 62.16716 Operational standards for requirements of this subpart other than for control system removal specified in collection and control systems. the requirements in the definition of § 62.16714(f). 62.16718 Test methods and procedures. design capacity in § 62.16730 to (g) When an MSW landfill subject to 62.16720 Compliance provisions. recalculate the site-specific density this subpart is in the closed landfill 62.16722 Monitoring of operations. subcategory, the owner or operator is 62.16724 Reporting guidelines. annually and in § 62.16724(b) to submit an amended design capacity report in not subject to the following reports of 62.16726 Recordkeeping guidelines. this subpart, provided the owner or 62.16728 Specifications for active the event that the recalculated design collection systems. capacity is equal to or greater than 2.5 operator submitted these reports under 62.16730 Definitions. million megagrams and 2.5 million the provisions of 40 CFR part 60, cubic meters. However, if the existing subpart WWW; subpart GGG of this § 62.16710 Scope and delegated part; or a state plan implementing 40 authorities. municipal solid waste landfill already has a design capacity equal to or greater CFR part 60, subpart Cc, on or before This subpart establishes emission than 2.5 million megagrams and 2.5 July 17, 2014: control requirements and compliance million cubic meters, then it is subject (1) Initial design capacity report schedules for the control of designated to the requirements of this Federal plan. specified in § 62.16724(a). pollutants from certain designated (d) Physical or operational changes (2) Initial or subsequent NMOC municipal solid waste (MSW) landfills made to an existing MSW landfill solely emission rate report specified in in accordance with section 111(d) of the to comply with an emission guideline § 62.16724(c), provided that the most Clean Air Act and subpart B of 40 CFR implemented by a state or Federal plan recent NMOC emission rate report part 60. are not considered a modification or indicated the NMOC emissions were (a) If you own or operate a designated reconstruction and would not subject an below 50 megagrams per year. facility as described in § 62.16711, then existing MSW landfill to the (3) Collection and control system you must comply with this subpart. requirements of 40 CFR 60, subpart design plan specified in § 62.16724(d). (b) The following authorities will not XXX. Landfills that commence (4) Closure report specified in be delegated to state, local, or tribal construction, modification, or § 62.16724(f). agencies: reconstruction after July 17, 2014, are (5) Equipment removal report (1) Approval of alternative methods to specified in § 62.16724(g). determine the site-specific nonmethane subject to 40 CFR part 60, subpart XXX. (e) For purposes of obtaining an (6) Initial annual report specified in organic compounds (NMOC) operating permit under title V of the § 62.16724(h). concentration or a site-specific methane Clean Air Act, the owner or operator of (7) Initial performance test report in generation rate constant (k). § 62.16724(i). (2) Alternative emission standards. an MSW landfill subject to this subpart (3) Major alternatives to test methods. with a design capacity less than 2.5 (h) When an MSW landfill subject to Major alternatives to test methods or to million megagrams or 2.5 million cubic this subpart is a legacy controlled monitoring are modifications made to a meters is not subject to the requirement landfill, as defined in § 62.16730, the federally enforceable test method or to to obtain an operating permit for the owner or operator is not subject to the a Federal monitoring requirement. landfill under 40 CFR part 70 or 71, following reports of this subpart, These changes may involve the use of unless the landfill is otherwise subject provided the owner or operator unproven technology or modified to either 40 CFR part 70 or 71. For submitted these reports under 40 CFR procedures or an entirely new method. purposes of submitting a timely part 60, subpart WWW; subpart GGG of (4) Waivers of recordkeeping. application for an operating permit this part; or a state plan implementing under 40 CFR part 70 or 71, the owner 40 CFR part 60, subpart Cc on or before § 62.16711 Designated facilities. or operator of an MSW landfill subject June 21, 2021. (a) The designated facility to which to this subpart with a design capacity (1) Initial design capacity report this subpart applies is each municipal greater than or equal to 2.5 million specified in § 62.16724(a). solid waste landfill in each state, megagrams and 2.5 million cubic (2) Initial or subsequent NMOC protectorate, and portion of Indian meters, and not otherwise subject to emission rate report specified in country that meets the conditions of either 40 CFR part 70 or 71, becomes § 62.16724(c).

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(3) Collection and control system (4) Complete on-site construction. more time to comply with increments 1, design plan specified in § 62.16724(d). Complete on-site construction and 4 and/or 5 than does this Federal plan). (5) Initial annual report specified in installation of emission collection and/ (2) Tier 4. The owner or operator of § 62.16724(h). or control equipment. a designated facility that is using the (4) Initial performance test report in (5) Achieve final compliance. Tier 4 procedures specified in § 62.16724(i). Complete construction in accordance § 62.16718(a)(6) must achieve the increments of progress according to the § 62.16712 Compliance schedule and with the design specified in the EPA- increments of progress. approved final control plan and connect schedule in table 1 of this subpart. (d) Alternative dates. For designated Planning, awarding of contracts, the landfill gas collection system and air pollution control equipment such that facilities that are subject to the schedule installing, and starting up MSW landfill requirements of paragraph (c)(1) of this air emission collection and control they are fully operating. The initial performance test must be conducted section, the owner or operator (or the equipment that is capable of meeting the state or tribal air pollution control emission standards of § 62.16714 must within 180 days after the date the facility is required to achieve final authority) may submit to the be completed within 30 months after the appropriate EPA Regional Office for date an NMOC emission rate report compliance. For a legacy controlled landfill, the initial or most recent approval alternative dates for achieving shows NMOC emissions equal or exceed increments 2 and 3. 34 megagrams per year; or within 30 performance test conducted to comply with 40 CFR part 60, subpart WWW, months after the date of the most recent § 62.16714 Standards for municipal solid NMOC emission rate report that shows subpart GGG of this part, or a state plan waste landfill emissions. implementing 40 CFR part 60, subpart NMOC emissions equal or exceed 34 (a) Landfills. Each owner or operator Cc is sufficient for compliance with this megagrams per year, if Tier 4 surface of an MSW landfill having a design part. The test report does not have to be emissions monitoring (SEM) shows a capacity greater than or equal to 2.5 resubmitted. surface emission concentration of 500 million megagrams by mass and 2.5 (b) Compliance date. For each parts per million methane or greater. million cubic meters by volume must designated facility that has a design Legacy controlled landfills who have collect and control MSW landfill capacity equal to or greater than 2.5 not yet reached increment 5 (full emissions at each MSW landfill that million megagrams and 2.5 million compliance) must demonstrate meets the following conditions: compliance with any remaining cubic meters and a NMOC emission rate (1) Waste acceptance date. The increments of progress on this schedule. greater than or equal to 34 megagrams landfill has accepted waste at any time However, they must use the date of their per year (50 megagrams per year for since November 8, 1987, or has first report submitted under 40 CFR part closed landfill subcategory), planning, additional design capacity available for 60, subpart WWW, 40 CFR part 62, awarding of contracts, and installation future waste deposition. subpart GGG or a state plan of municipal solid waste landfill air (2) Construction commencement date. implementing 40 CFR part 60, subpart emission collection and control The landfill commenced construction, Cc showing NMOC emissions at or equipment capable of meeting the reconstruction, or modification on or above 50 megagrams. The owner or standards in § 62.16714(b) and (c) must before July 17, 2014. operator must follow the requirements be accomplished within 30 months after (3) NMOC emission rate. The landfill in paragraphs (a) through (d) of this the date the initial emission rate report has an NMOC emission rate greater than section. (or the annual emission rate report) first or equal to 34 megagrams per year or (a) Increments of progress. The owner shows that the NMOC emission rate Tier 4 SEM shows a surface emission or operator of a designated facility that equals or exceeds 34 megagrams per concentration of 500 parts per million has a design capacity equal to or greater year (50 megagrams per year for closed methane or greater. than 2.5 million megagrams and 2.5 landfill subcategory), except as provided (4) Closed subcategory. The landfill in million cubic meters and a NMOC in § 62.16712(c)(3). the closed landfill subcategory and has emission rate greater than or equal to 34 (c) Compliance schedules. The owner an NMOC emission rate greater than or megagrams per year must achieve the or operator of a designated facility that equal to 50 megagrams per year. increments of progress specified in has a design capacity equal to or greater (b) Collection system. Install a gas paragraphs (a)(1) through (5) of this than 2.5 million megagrams and 2.5 collection and control system meeting section to install air pollution control million cubic meters and a NMOC the requirements in paragraphs (b)(1) devices to meet the emission standards emission rate greater than or equal to 34 through (3) and (c) of this section at specified in § 62.16714(b) and (c) of this megagrams per year (50 megagrams per each MSW landfill meeting the subpart. Refer to § 62.16730 for a year for closed landfill subcategory) conditions in paragraph (a) of this definition of each increment of progress. must achieve the increments of progress section. (1) Submit control plan. Submit a specified in paragraphs (a)(1) through (1) Collection system. Install and start final control plan (collection and (5) of this section according to the up a collection and control system that control system design plan) according to schedule specified in paragraph (c)(1), captures the gas generated within the the requirements of § 62.16724(d). (2), or (3) of this section. landfill within 30 months after: (2) Award contract(s). Award (1) Achieving Increments of Progress. (i) The first annual report in which contract(s) to initiate on-site The owner or operator of a designated the NMOC emission rate equals or construction or initiate on-site facility must achieve the increments of exceeds 34 megagrams per year, unless installation of emission collection and/ progress according to the schedule in Tier 2 or Tier 3 sampling demonstrates or control equipment. table 1 of this subpart. Once this subpart that the NMOC emission rate is less (3) Initiate on-site construction. becomes effective, any designated than 34 megagrams per year, as Initiate on-site construction or initiate facility to which this subpart applies specified in § 62.16724(d)(4), or on-site installation of emission will remain subject to the schedule in (ii) The first annual report in which collection and/or control equipment as table 1 if a subsequently approved state the NMOC emission rate equals or described in the EPA-approved final or tribal plan contains a less stringent exceeds 50 megagrams per year control plan. schedule, (i.e., a schedule that provides submitted under previously applicable

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regulations 40 CFR part 60, subpart heat input capacities equal to or greater (1) The owner or operator must WWW, 40 CFR part 62, subpart GGG, or than 44 megawatts that burn landfill gas submit an amended design capacity a state plan implementing 40 CFR part for compliance with this subpart. report as provided in § 62.16724(b). 60, subpart Cc for a legacy controlled (i) If a boiler or process heater is used (2) When an increase in the maximum landfill or landfill in the closed landfill as the control device, the landfill gas design capacity of a landfill with an subcategory, or stream must be introduced into the initial design capacity less than 2.5 (iii) The most recent NMOC emission flame zone. million megagrams or 2.5 million cubic rate report in which the NMOC meters results in a revised maximum (ii) The control device must be emission rate equals or exceeds 34 design capacity equal to or greater than operated within the parameter ranges megagrams per year based on Tier 2, if 2.5 million megagrams and 2.5 million established during the initial or most the Tier 4 SEM shows a surface methane cubic meters, the owner or operator recent performance test. The operating emission concentration of 500 parts per must comply with paragraph (e) of this parameters to be monitored are million methane or greater as specified section. specified in § 62.16722. in § 62.16724 (d)(4)(iii). (e) Emissions. The owner or operator (2) Active. An active collection system (iii) Legacy controlled landfills or of an MSW landfill having a design must: landfills in the closed landfill capacity equal to or greater than 2.5 (i) Be designed to handle the subcategory that have already installed million megagrams and 2.5 million maximum expected gas flow rate from control systems and completed initial or cubic meters must either install a the entire area of the landfill that subsequent performance tests may collection and control system as warrants control over the intended use comply with this subpart using the provided in paragraphs (b) and (c) of period of the gas control system initial or most recent performance test this section or calculate an initial equipment. conducted to comply with 40 CFR part NMOC emission rate for the landfill (ii) Collect gas from each area, cell, or 60, subpart WWW; subpart GGG of this using the procedures specified in group of cells in the landfill in which part; or a state plan implementing § 62.16718(a). The NMOC emission rate the initial solid waste has been placed subpart Cc of part 60, is sufficient for must be recalculated annually, except as for a period of 5 years or more if active; compliance with this subpart. provided in § 62.16724(c)(3). or 2 years or more if closed or at final (3) Route the collected gas to a (1) If the calculated NMOC emission grade. treatment system that processes the rate is less than 34 megagrams per year, (iii) Collect gas at a sufficient collected gas for subsequent sale or the owner or operator must: extraction rate. beneficial use such as fuel for (i) Submit an annual NMOC emission (iv) Be designed to minimize off-site combustion, production of vehicle fuel, rate report according to § 62.16724(c), migration of subsurface gas. production of high-Btu gas for pipeline except as provided in § 62.16724(c)(3); (3) Passive. A passive collection injection, or use as a raw material in a and system must: chemical manufacturing process. (ii) Recalculate the NMOC emission (i) Comply with the provisions Venting of treated landfill gas to the rate annually using the procedures specified in paragraphs (b)(2)(i), (ii), and ambient air is not allowed. If the treated specified in § 62.16724(a) until such (iv) of this section. landfill gas cannot be routed for time as the calculated NMOC emission (ii) Be installed with liners on the subsequent sale or beneficial use, then rate is equal to or greater than 34 bottom and all sides in all areas in the treated landfill gas must be megagrams per year, or the landfill is which gas is to be collected. The liners controlled according to either paragraph closed. must be installed as required under 40 (c)(1) or (2) of this section. (A) If the calculated NMOC emission CFR 258.40. rate, upon initial calculation or annual (c) Control system. Control the gas (4) All emissions from any recalculation required in paragraph collected from within the landfill atmospheric vent from the gas treatment (e)(1)(ii) of this section, is equal to or through the use of control devices system are subject to the requirements greater than 34 megagrams per year, the meeting the following requirements, of paragraph (b) or (c) of this section. owner or operator must either: Comply except as provided in 40 CFR 60.24. For purposes of this subpart, with paragraphs (b) and (c) of this (1) A non-enclosed flare designed and atmospheric vents located on the section; calculate NMOC emissions operated in accordance with the condensate storage tank are not part of using the next higher tier in § 62.16718; parameters established in 40 CFR 60.18 the treatment system and are exempt or conduct a surface emission except as noted in § 62.16722(d); or from the requirements of paragraph (b) monitoring demonstration using the (2) A control system designed and or (c) of this section. procedures specified in § 62.16718(a)(6). operated to reduce NMOC by 98 weight (d) Design capacity. Each owner or (B) If the landfill is permanently percent; or when an enclosed operator of an MSW landfill having a closed, a closure report must be combustion device is used for control, design capacity less than 2.5 million submitted to the Administrator as to either reduce NMOC by 98 weight megagrams by mass or 2.5 million cubic provided in § 62.16724(f), except for percent or reduce the outlet NMOC meters by volume must submit an initial exemption allowed under concentration to less than 20 parts-per- design capacity report to the § 62.16711(g)(4). million by volume, dry basis as hexane Administrator as provided in (2) If the calculated NMOC emission at 3-percent oxygen or less. The § 62.16724(a). The landfill may calculate rate is equal to or greater than 34 reduction efficiency or concentration in design capacity in either megagrams or megagrams per year using Tier 1, 2, or parts-per-million by volume must be cubic meters for comparison with the 3 procedures, the owner or operator established by an initial performance exemption values. Any density must either: Submit a collection and test to be completed no later than 180 conversions must be documented and control system design plan prepared by days after the initial startup of the submitted with the report. Submittal of a professional engineer to the approved control system using the test the initial design capacity report fulfills Administrator within 1 year as specified methods specified in § 62.16718(d). The the requirements of this subpart except in § 62.16724(d), except for exemptions performance test is not required for as provided in paragraphs (d)(1) and (2) allowed under § 62.16711(g)(3); boilers and process heaters with design of this section. calculate NMOC emissions using a

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higher tier in § 62.16718; or conduct a provisions and cannot return to the such as distressed vegetation and cracks surface emission monitoring provisions of this section. Each owner or seeps in the cover and all cover demonstration using the procedures or operator of an MSW landfill with a penetrations. Thus, the owner or specified in § 62.16718(a)(6). gas collection and control system used operator must monitor any openings (3) For the closed landfill subcategory, to comply with the provisions of that are within an area of the landfill if the calculated NMOC emission rate § 62.16714(b) and (c) must: where waste has been placed and a gas submitted under previously applicable (a) Operate the collection system such collection system is required. The regulations 40 CFR part 60, subpart that gas is collected from each area, cell, owner or operator may establish an WWW; 40 CFR part 62, subpart GGG; or or group of cells in the MSW landfill in alternative traversing pattern that a state plan implementing 40 CFR part which solid waste has been in place for: ensures equivalent coverage. A surface 60, subpart Cc is equal to or greater than (1) 5 years or more if active; or monitoring design plan must be 50 megagrams per year using Tier 1, 2, (2) 2 years or more if closed or at final developed that includes a topographical or 3 procedures, the owner or operator grade; map with the monitoring route and the must either: submit a collection and (b) Operate the collection system with rationale for any site-specific deviations control system design plan as specified negative pressure at each wellhead from the 30-meter intervals. Areas with in § 62.16724(d), except for exemptions except under the following conditions: steep slopes or other dangerous areas allowed under § 62.16711(g)(3); or (1) A fire or increased well may be excluded from the surface calculate NMOC emissions using a temperature. The owner or operator testing. higher tier in § 62.16718. must record instances when positive (e) Operate the system such that all (f) Removal criteria. The collection pressure occurs in efforts to avoid a fire. collected gases are vented to a control and control system may be capped, These records must be submitted with system designed and operated in removed, or decommissioned if the the annual reports as provided in compliance with § 62.16714(c). In the following criteria are met: § 62.16724(h)(1); event the collection or control system is (1) The landfill is a closed landfill (as (2) Use of a geomembrane or synthetic not operating, the gas mover system defined in § 62.16730). A closure report cover. The owner or operator must must be shut down and all valves in the must be submitted to the Administrator develop acceptable pressure limits in collection and control system as provided in § 62.16724(f). the design plan; contributing to venting of the gas to the (2) The collection and control system (3) A decommissioned well. A well atmosphere must be closed within 1 has been in operation a minimum of 15 may experience a static positive hour of the collection or control system years or the landfill owner or operator pressure after shut down to not operating. demonstrates that the gas collection and accommodate for declining flows. All (f) Operate the control system at all control system will be unable to operate design changes must be approved by the times when the collected gas is routed for 15 years due to declining gas flow. Administrator as specified in to the system. (3) Following the procedures § 62.16724(d); (g) If monitoring demonstrates that the specified in § 62.16718(b), the (c) Operate each interior wellhead in operational requirements in paragraphs calculated NMOC emission rate at the the collection system with a landfill gas (b), (c), or (d) of this section are not met, landfill is less than 34 megagrams per temperature less than 55 degrees Celsius corrective action must be taken as year on three successive test dates. The (131 degrees Fahrenheit). The owner or specified in § 62.16720(a)(3) and (5) or test dates must be no less than 90 days operator may establish a higher § 62.16720(c). If corrective actions are apart, and no more than 180 days apart. operating temperature value at a taken as specified in § 62.16720, the (4) For the closed landfill subcategory particular well. A higher operating monitored exceedance is not a violation (as defined in § 62.16730), following the value demonstration must be submitted of the operational requirements in this procedures specified in § 62.16718(b), to the Administrator for approval and section. the calculated NMOC emission rate at must include supporting data the landfill is less than 50 megagrams demonstrating that the elevated § 62.16718 Test methods and procedures. per year on three successive test dates. parameter neither causes fires nor Calculate the landfill NMOC emission The test dates must be no less than 90 significantly inhibits anaerobic rate and conduct a surface emission days apart, and no more than 180 days decomposition by killing methanogens. monitoring demonstration according to apart. The demonstration must satisfy both the provisions in this section. criteria in order to be approved (i.e., (a)(1) NMOC Emission rate. The § 62.16716 Operational standards for neither causing fires nor killing landfill owner or operator must collection and control systems. methanogens is acceptable). calculate the NMOC emission rate using Each owner or operator must comply (d) Operate the collection system so either Equation 1 provided in paragraph with the provisions for the operational that the methane concentration is less (a)(1)(i) of this section or Equation 2 standards in this section (as well as the than 500 parts per million above provided in paragraph (a)(1)(ii) of this provisions in §§ 62.16720 and background at the surface of the landfill. section. Both Equation 1 and Equation 62.16722), or the operational standards To determine if this level is exceeded, 2 may be used if the actual year-to-year in § 63.1958 of this chapter (as well as the owner or operator must conduct solid waste acceptance rate is known, as the provisions in §§ 63.1960 and surface testing using an organic vapor specified in paragraph (a)(1)(i) of this 63.1961 of this chapter), or both as analyzer, flame ionization detector, or section, for part of the life of the landfill alternative means of compliance, for an other portable monitor meeting the and the actual year-to-year solid waste MSW landfill with a gas collection and specifications provided in acceptance rate is unknown, as control system used to comply with the § 62.16720(d). The owner or operator specified in paragraph (a)(1)(ii) of this provisions of § 62.16714(b) and (c). must conduct surface testing around the section, for part of the life of the Once the owner or operator begins to perimeter of the collection area and landfill. The values to be used in both comply with the provisions of § 63.1958 along a pattern that traverses the landfill Equation 1 and Equation 2 are 0.05 per of this chapter, the owner or operator at no more than 30-meter intervals and year for k, 170 cubic meters per must continue to operate the collection where visual observations indicate megagram for Lo, and 4,000 parts per and control device according to those elevated concentrations of landfill gas, million by volume as hexane for the

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CNMOC. For landfills located in representative official meteorological (i)(A) Equation 1 must be used if the geographical areas with a 30-year site, the k value to be used is 0.02 per actual year-to-year solid waste annual average precipitation of less than year. acceptance rate is known. 25 inches, as measured at the nearest

n MNMoc = L2 k LoMi(e-kt; )(CNMoc)(3.6x10-9) (Eq. 1) i=l

th Where: ti = Age of the i section, years. section of the landfill when calculating MNMOC = Total NMOC emission rate from the CNMOC = Concentration of NMOC, parts per the value for Mi if documentation of the landfill, megagrams per year. million by volume as hexane. nature and amount of such wastes is ¥ × ¥9 k = Methane generation rate constant, year 1. 3.6 10 = Conversion factor. maintained. Lo = Methane generation potential, cubic meters per megagram solid waste. (B) The mass of nondegradable solid (ii)(A) Equation 2 must be used if the th Mi = Mass of solid waste in the i section, waste may be subtracted from the total actual year-to-year solid waste megagrams. mass of solid waste in a particular acceptance rate is unknown.

MNMOC = 2LOR ( e-kc - e-kt) CNMOC (3 .6 X 10-9) (Eq. 2)

Where: control system within 30 months accuracy of smaller volumes. Terminate MNMOC = Mass emission rate of NMOC, according to § 62.16714(b) and (c); compositing before the cylinder megagrams per year. (B) Determine a site-specific NMOC approaches ambient pressure where Lo = Methane generation potential, cubic concentration and recalculate the measurement accuracy diminishes. If meters per megagram solid waste. NMOC emission rate using the Tier 2 more than the required number of R = Average annual acceptance rate, procedures provided in paragraph (a)(3) samples is taken, all samples must be megagrams per year. of this section; or used in the analysis. The landfill owner k = Methane generation rate constant, ¥ (C) Determine a site-specific methane year 1. or operator must divide the NMOC t = Age of landfill, years. generation rate constant and recalculate concentration from EPA Method 25 or CNMOC = Concentration of NMOC, parts per the NMOC emission rate using the Tier 25C of appendix A–7 of 40 CFR part 60 million by volume as hexane. 3 procedures provided in paragraph by 6 to convert from CNMOC as carbon c = Time since closure, years; for an active (a)(4) of this section. to CNMOC as hexane. If the landfill has landfill c = 0 and e¥kc = 1. (3) Tier 2. The landfill owner or an active or passive gas removal system ¥ 3.6 × 10 9 = Conversion factor. operator must determine the site- in place, EPA Method 25 or 25C (B) The mass of nondegradable solid specific NMOC concentration using the samples may be collected from these waste may be subtracted from the total following sampling procedure. The systems instead of surface probes mass of solid waste in a particular landfill owner or operator must install provided the removal system can be section of the landfill when calculating at least two sample probes per hectare, shown to provide sampling as the value of R, if documentation of the evenly distributed over the landfill representative as the two sampling nature and amount of such wastes is surface that has retained waste for at probes per hectare requirement. For maintained. least 2 years. If the landfill is larger than active collection systems, samples hectares in area, only 50 samples are be collected from the common header (2) Tier 1. The owner or operator must required. The probes should be evenly compare the calculated NMOC mass pipe. The sample location on the distributed across the sample area. The common header pipe must be before any emission rate to the standard of 34 sample probes should be located to megagrams per year. gas moving, condensate removal, or avoid known areas of nondegradable treatment system equipment. For active (i) If the NMOC emission rate solid waste. The owner or operator must collection systems, a minimum of three calculated in paragraph (a)(1) of this collect and analyze one sample of samples must be collected from the section is less than 34 megagrams per landfill gas from each probe to header pipe. year, then the owner or operator must determine the NMOC concentration (i) Within 60 days after the date of submit an NMOC emission rate report using EPA Method 25 or 25C of determining the NMOC concentration according to § 62.16724(c) and must appendix A–7 of 40 CFR part 60. Taking and corresponding NMOC emission recalculate the NMOC mass emission composite samples from different rate, the owner or operator must submit rate annually as required under probes into a single cylinder is allowed; the results according to § 62.16724(j)(2). § 62.16714(e). however, equal sample volumes must be (ii) The landfill owner or operator (ii) If the NMOC emission rate taken from each probe. For each must recalculate the NMOC mass calculated in paragraph (a)(1) of this composite, the sampling rate, collection emission rate using Equation 1 or section is equal to or greater than 34 times, beginning and ending cylinder Equation 2 provided in paragraph megagrams per year, then the landfill vacuums, or alternative volume (a)(1)(i) or (ii) of this section using the owner or operator must either: measurements must be recorded to average site-specific NMOC (A) Submit a gas collection and verify that composite volumes are equal. concentration from the collected control system design plan within 1 Composite sample volumes should not samples instead of the default value year as specified in § 62.16724(d) and be less than one liter unless evidence provided in paragraph (a)(1) of this install and operate a gas collection and can be provided to substantiate the section.

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(iii) If the resulting NMOC mass (ii) If the NMOC mass emission rate or gust exceeding 10 miles per hour. emission rate is less than 34 megagrams is less than 34 megagrams per year, then Average on-site wind speed must also per year, then the owner or operator the owner or operator must recalculate be determined in an open area at 5- must submit a periodic estimate of the NMOC mass emission rate annually minute intervals using an on-site NMOC emissions in an NMOC emission using Equation 1 or Equation 2 in anemometer with a continuous recorder rate report according to § 62.16724(c) paragraph (a)(1) of this section and and data logger for the entire duration and must recalculate the NMOC mass using the site-specific Tier 2 NMOC of the monitoring event. The wind emission rate annually as required concentration and Tier 3 methane barrier must surround the SEM monitor, under § 62.16714(e). The site-specific generation rate constant and submit a and must be placed on the ground, to NMOC concentration must be retested periodic NMOC emission rate report as ensure wind turbulence is blocked. The every 5 years using the methods provided in § 62.16724(c). The SEM cannot be conducted if average specified in this section. calculation of the methane generation wind speed exceeds 25 miles per hour. (iv) If the NMOC mass emission rate rate constant is performed only once, (B) Landfill surface areas where visual as calculated using the Tier 2 site- and the value obtained from this test observations indicate elevated specific NMOC concentration is equal to must be used in all subsequent annual concentrations of landfill gas, such as or greater than 34 megagrams per year, NMOC emission rate calculations. distressed vegetation and cracks or the owner or operator must either: (5) Alternative methods. The owner or seeps in the cover, and all cover (A) Submit a gas collection and operator may use other methods to penetrations must also be monitored control system design plan within 1 determine the NMOC concentration or a using a device meeting the year as specified in § 62.16724(d) and site-specific methane generation rate specifications provided in install and operate a gas collection and constant as an alternative to the § 62.16720(d). control system within 30 months methods required in paragraphs (a)(3) (iv) Each owner or operator seeking to according to § 62.16714(b) and (c); and (4) of this section if the method has comply with the Tier 4 provisions in (B) Determine a site-specific methane been approved by the Administrator. paragraph (a)(6) of this section must generation rate constant and recalculate (6) Tier 4. Demonstrate that surface maintain records of surface emission the NMOC emission rate using the site- methane emissions are below 500 parts monitoring as provided in § 62.16726(g) specific methane generation rate using per million. Surface emission and submit a Tier 4 surface emissions the Tier 3 procedures specified in monitoring must be conducted on a report as provided in paragraph (a)(4) of this section; or quarterly basis using the following § 62.16724(d)(4)(iii). (C) Conduct a surface emission procedures. Tier 4 is allowed only if the (v) If there is any measured monitoring demonstration using the landfill owner or operator can concentration of methane of 500 parts Tier 4 procedures specified in paragraph demonstrate that NMOC emissions are per million or greater from the surface (a)(6) of this section. greater than or equal to 34 megagrams of the landfill, the owner or operator (4) Tier 3. The site-specific methane per year but less than 50 megagrams per must submit a gas collection and control generation rate constant must be year using Tier 1 or Tier 2. If both Tier system design plan within 1 year of the determined using the procedures 1 and Tier 2 indicate NMOC emissions first measured concentration of methane provided in EPA Method 2E of are megagrams per year or greater, then of 500 parts per million or greater from appendix A–1 of 40 CFR part 60. The Tier 4 cannot be used. In addition, the the surface of the landfill according to landfill owner or operator must estimate landfill must meet the criteria in § 62.16724(d) and install and operate a the NMOC mass emission rate using paragraph (a)(6)(viii) of this section. gas collection and control system Equation 1 or Equation 2 in paragraph (i) Measure surface concentrations of according to § 62.16714(b) and (c) (a)(1)(i) or (ii) of this section and using methane along the entire perimeter of within 30 months of the most recent a site-specific methane generation rate the landfill and along a pattern that NMOC emission rate report in which constant, and the site-specific NMOC traverses the landfill at no more than 30- the NMOC emission rate equals or concentration as determined in meter intervals using an organic vapor exceeds 34 megagrams per year based paragraph (a)(3) of this section instead analyzer, flame ionization detector, or on Tier 2. of the default values provided in other portable monitor meeting the (vi) If after four consecutive quarterly paragraph (a)(1) of this section. The specifications provided in monitoring periods at a landfill, other landfill owner or operator must compare § 62.16720(d). than a closed landfill, there is no the resulting NMOC mass emission rate (ii) The background concentration measured concentration of methane of to the standard of 34 megagrams per must be determined by moving the 500 parts per million or greater from the year. probe inlet upwind and downwind at surface of the landfill, the owner or (i) If the NMOC mass emission rate as least 30 meters from the waste mass operator must continue quarterly calculated using the Tier 2 site-specific boundary of the landfill. surface emission monitoring using the NMOC concentration and Tier 3 site- (iii) Surface emission monitoring methods specified in this section. specific methane generation rate is must be performed in accordance with (vii) If after four consecutive quarterly equal to or greater than 34 megagrams section 8.3.1 of EPA Method 21 of monitoring periods at a closed landfill per year, the owner or operator must appendix A–7 of 40 CFR part 60, except there is no measured concentration of either: that the probe inlet must be placed no methane of 500 parts per million or (A) Submit a gas collection and more than 5 centimeters above the greater from the surface of the landfill, control system design plan within 1 landfill surface; the constant the owner or operator must conduct year as specified in § 62.16724(d) and measurement of distance above the annual surface emission monitoring install and operate a gas collection and surface should be based on a using the methods specified in this control system within 30 months mechanical device such as with a wheel section. according to § 62.16714(b) and (c); or on a pole. (viii) If a landfill has installed and (B) Conduct a surface emission (A) The owner or operator must use operates a collection and control system monitoring demonstration using the a wind barrier, similar to a funnel, when that is not required by this subpart, then Tier 4 procedures specified in paragraph onsite average wind speed exceeds 4 the collection and control system must (a)(6) of this section. miles per hour or 2 meters per second meet the following criteria:

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(A) The gas collection and control control system must operate as it or operator must calculate the NMOC system must have operated for at least normally would to collect and control as emission rate for purposes of 6,570 out of 8,760 hours preceding the much landfill gas as possible. determining when the system can be Tier 4 SEM demonstration. (b) After the installation and startup capped, removed, or decommissioned as (B) During the Tier 4 SEM of a collection and control system in provided in § 62.16714(f), using demonstration, the gas collection and compliance with this subpart, the owner Equation 3:

Where: purposes of determining when the (b) or (d) of this section, including any MNMOC = Mass emission rate of NMOC, system can be capped or removed, the associated fuel analyses, according to megagrams per year. owner or operator must submit the § 62.16724(j)(1). QLFG = Flow rate of landfill gas, cubic meters results according to § 62.16724(j)(2). (2) [Reserved] per minute. (ii) [Reserved] (e) For the performance test required CNMOC = NMOC concentration, parts per (c) When calculating emissions for in § 62.16714(c)(2), EPA Method 25 or million by volume as hexane. Prevention of Significant Deterioration 25C (EPA Method 25C may be used at (1) Flow rate. The flow rate of landfill purposes, the owner or operator of each the inlet only) of appendix A–7 of 40 gas, QLFG, must be determined by MSW landfill subject to the provisions CFR part 60 must be used to determine measuring the total landfill gas flow rate of this subpart must estimate the NMOC compliance with the 98 weight-percent at the common header pipe that leads to emission rate for comparison to the efficiency or the 20 parts-per-million by the control system using a gas flow Prevention of Significant Deterioration volume outlet NMOC concentration measuring device calibrated according major source and significance levels in level, unless another method to to the provisions of section 10 of EPA §§ 51.166 or 52.21 of this chapter using demonstrate compliance has been Method 2E of appendix A–1 of 40 CFR Compilation of Air Pollutant Emission approved by the Administrator as part 60. Factors, Volume I: Stationary Point and provided by § 62.16724(d)(2). EPA (2) NMOC concentration. The average Area Sources (AP–42) or other approved Method 3, 3A, or 3C of appendix A–2 NMOC concentration, CNMOC, must be measurement procedures. of 40 CFR part 60 must be used to determined by collecting and analyzing (d) For the performance test required determine oxygen for correcting the landfill gas sampled from the common in § 62.16714(c)(1), the net heating value NMOC concentration as hexane to 3 header pipe before the gas moving or of the combusted landfill gas as percent. In cases where the outlet condensate removal equipment using determined in 40 CFR 60.18(f)(3) of this concentration is less than 50 parts-per- the procedures in EPA Method 25 or chapter is calculated from the million NMOC as carbon (8 parts-per- EPA Method 25C of appendix A–7 of 40 concentration of methane in the landfill million NMOC as hexane), EPA Method CFR part 60. The sample location on the gas as measured by EPA Method 3C. A 25A should be used in place of EPA common header pipe must be before any minimum of three 30-minute EPA Method 25. EPA Method 18 of appendix condensate removal or other gas refining Method 3C samples are determined. The A–6 of 40 CFR part 60 may be used in units. The landfill owner or operator measurement of other organic conjunction with EPA Method 25A on must divide the NMOC concentration components, hydrogen, and carbon a limited basis (compound specific, e.g., from EPA Method 25 or EPA Method monoxide is not applicable. EPA methane) or EPA Method 3C may be 25C of appendix A–7 of 40 CFR part 60 Method 3C may be used to determine used to determine methane. The by six to convert from CNMOC as carbon the landfill gas molecular weight for methane as carbon should be subtracted to CNMOC as hexane. calculating the flare gas exit velocity from the EPA Method 25A total (3) Gas flow rate method. The owner under 40 CFR 60.18(f)(4) of this chapter. hydrocarbon value as carbon to give or operator may use another method to (1) Performance test results. Within NMOC concentration as carbon. The determine landfill gas flow rate and 60 days after the date of completing landfill owner or operator must divide NMOC concentration if the method has each performance test (as defined in the NMOC concentration as carbon by 6 been approved by the Administrator. § 60.8 of this chapter), the owner or to convert the CNMOC as carbon to CNMOC (i) Within 60 days after the date of operator must submit the results of the as hexane. Equation 4 must be used to calculating the NMOC emission rate for performance tests required by paragraph calculate efficiency:

Control Efficiency= (NMOCin - NMOC 0 ut) I (NMOCin) (Eq. 4)

Where: including any associated fuel analyses, compliance, for an MSW landfill with a

NMOCin = Mass of NMOC entering control according to § 62.16724(j)(1). gas collection and control system used device. (2) [Reserved] to comply with the provisions of NMOCout = Mass of NMOC exiting control § 62.16714(b) and (c). Once the owner or § 62.16720 Compliance provisions. device. operator begins to comply with the Follow the compliance provisions in provisions of § 63.1960 of this chapter, (1) Performance test submission. this section (as well as the provisions in the owner or operator must continue to Within 60 days after the date of §§ 62.16716 and 62.16722), or the operate the collection and control completing each performance test (as compliance provisions in § 63.1960 of device according to those provisions defined in§ 60.8 of this chapter), the this chapter (as well as the provisions in and cannot return to the provisions of owner or operator must submit the §§ 63.1958 and 63.1961 of this chapter), this section. results of the performance tests, or both as alternative means of

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(a) Except as provided in either Equation 5 or Equation 6 must be determined from the test must be used. § 62.16724(d)(2), the specified methods used. The methane generation rate A value of no more than 15 years must in paragraphs (a)(1) through (6) of this constant (k) and methane generation be used for the intended use period of section must be used to determine potential (Lo) kinetic factors should be the gas mover equipment. The active life whether the gas collection system is in those published in the most recent AP– of the landfill is the age of the landfill compliance with § 62.16714(b)(2). 42 or other site-specific values plus the estimated number of years until (1) For the purposes of calculating the demonstrated to be appropriate and closure. maximum expected gas generation flow approved by the Administrator. If k has rate from the landfill to determine been determined as specified in (i) For sites with unknown year-to- compliance with § 62.16714(b)(2)(i), § 62.16718(a)(4), the value of k year solid waste acceptance rate:

Where: k = Methane generation rate constant, installed after closure, t is the age of the ¥ Qm = Maximum expected gas generation flow year 1. landfill at installation, years. rate, cubic meters per year. t = Age of the landfill at equipment c = Time since closure, years (for an active ¥kc Lo = Methane generation potential, cubic installation plus the time the owner or landfill c = 0 and e = 1). meters per megagram solid waste. operator intends to use the gas mover R = Average annual acceptance rate, equipment or active life of the landfill, (ii) For sites with known year-to-year megagrams per year. whichever is less. If the equipment is solid waste acceptance rate:

n QM= I2kLoMi(e-kti) (Eq. 6) i-1

Where: rate is sufficient to determine of the next annual report. The owner or QM = Maximum expected gas generation flow compliance with § 62.16714(b)(2)(iii), operator must keep records according to rate, cubic meters per year. the owner or operator must measure § 62.16726(e)(4). k = Methane generation rate constant, gauge pressure in the gas collection (iii) If corrective action is expected to year¥1. header applied to each individual well take longer than 120 days to complete Lo = Methane generation potential, cubic monthly. If a positive pressure exists, after the initial exceedance, the owner meters per megagram solid waste. th action must be initiated to correct the or operator must submit the root cause Mi = Mass of solid waste in the i section, analysis, corrective action analysis, and megagrams. exceedance within 5 calendar days, th except for the three conditions allowed corresponding implementation timeline ti = Age of the i section, years. under § 62.16716(b). Any attempted to the Administrator, according to (iii) If a collection and control system corrective measure must not cause § 62.16724(h)(7) and (k). The owner or has been installed, actual flow data may exceedances of other operational or operator must keep records according to be used to project the maximum performance standards. § 62.16726(e)(5). expected gas generation flow rate (i) If negative pressure cannot be (4) For the purpose of identifying instead of, or in conjunction with, achieved without excess air infiltration whether excess air infiltration into the Equation 5 or Equation 6 in paragraphs within 15 calendar days of the first landfill is occurring, the owner or (a)(1)(i) and (ii) of this section. If the measurement of positive pressure, the operator must monitor each well landfill is still accepting waste, the owner or operator must conduct a root monthly for temperature as provided in actual measured flow data will not cause analysis and correct the § 62.16716(c). If a well exceeds the equal the maximum expected gas exceedance as soon as practicable, but operating parameter for temperature, generation rate, so calculations using not later than 60 days after positive action must be initiated to correct the Equation 5 or Equation 6 in paragraphs pressure was first measured. The owner exceedance within 5 calendar days. Any (a)(1)(i) or (ii) of this section or other or operator must keep records according attempted corrective measure must not methods must be used to predict the to § 62.16726(e)(3). cause exceedances of other operational maximum expected gas generation rate (ii) If corrective actions cannot be or performance standards. over the intended period of use of the fully implemented within 60 days (i) If a landfill gas temperature less gas control system equipment. following the positive pressure or than 55 degrees Celsius (131 degrees (2) For the purposes of determining elevated temperature measurement for Fahrenheit) cannot be achieved within sufficient density of gas collectors for which the root cause analysis was 15 calendar days of the first compliance with § 62.16714(b)(2)(ii), the required, the owner or operator must measurement of landfill gas temperature owner or operator must design a system also conduct a corrective action analysis greater than 55 degrees Celsius (131 of vertical wells, horizontal collectors, and develop an implementation degrees Fahrenheit), the owner or or other collection devices, satisfactory schedule to complete the corrective operator must conduct a root cause to the Administrator, capable of action(s) as soon as practicable, but no analysis and correct the exceedance as controlling and extracting gas from all more than 120 days following the soon as practicable, but no later than 60 portions of the landfill sufficient to meet measurement of landfill gas temperature days after a landfill gas temperature all operational and performance greater than 55 degrees Celsius (131 greater than 55 degrees Celsius (131 standards. degrees Fahrenheit) or positive pressure. degrees Fahrenheit) was first measured. (3) For the purpose of demonstrating The owner or operator must submit the The owner or operator must keep whether the gas collection system flow items listed in § 62.16724(h)(7) as part records according to § 62.16726(e)(3).

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(ii) If corrective actions cannot be (2) The background concentration paragraph (c)(4)(iii) or (v) of this section fully implemented within 60 days must be determined by moving the must be taken. following the measurement of landfill probe inlet upwind and downwind (v) For any location where monitored gas temperature greater than 55 degrees outside the boundary of the landfill at methane concentration equals or Celsius (131 degrees Fahrenheit) for a distance of at least 30 meters from the exceeds 500 parts-per-million above which the root cause analysis was perimeter wells. background three times within a required, the owner or operator must (3) Surface emission monitoring must quarterly period, a new well or other also conduct a corrective action analysis be performed in accordance with collection device must be installed and develop an implementation section 8.3.1 of EPA Method 21 of within 120 calendar days of the initial schedule to complete the corrective appendix A–7 of 40 CFR part 60, except exceedance. An alternative remedy to action(s) as soon as practicable, but no that the probe inlet must be placed the exceedance, such as upgrading the more than 120 days following the within 5 to 10 centimeters of the blower, header pipes or control device, measurement of landfill gas temperature ground. Monitoring must be performed and a corresponding timeline for greater than 55 degrees Celsius (131 during typical meteorological installation may be submitted to the degrees Fahrenheit). The owner or conditions. Administrator for approval. operator must submit the items listed in (4) Any reading of 500 parts per (5) The owner or operator must § 62.16724(h)(7) as part of the next million or more above background at implement a program to monitor for annual report. The owner or operator any location must be recorded as a cover integrity and implement cover must keep records according to monitored exceedance and the actions repairs as necessary on a monthly basis. § 62.16726(e)(4). specified in paragraphs (c)(4)(i) through (d) Each owner or operator seeking to (iii) If corrective action is expected to (v) of this section must be taken. As long comply with the provisions in take longer than 120 days to complete as the specified actions are taken, the paragraph (c) of this section or after the initial exceedance, the owner exceedance is not a violation of the § 62.16718(a)(6) must comply with the or operator must submit the root cause operational requirements of following instrumentation specifications analysis, corrective action analysis, and § 62.16716(d). and procedures for surface emission corresponding implementation timeline (i) The location of each monitored monitoring devices: to the Administrator, according to exceedance must be marked, and the (1) The portable analyzer must meet § 62.16724(h)(7) and § 62.16724(k). The location and concentration recorded. the instrument specifications provided owner or operator must keep records For location, you must determine the in section 6 of EPA Method 21 of according to § 62.16726(e)(5). latitude and longitude coordinates using appendix A–7 of 40 CFR part 60, except (5) An owner or operator seeking to an instrument with an accuracy of at that ‘‘methane’’ replaces all references demonstrate compliance with least 4 meters. The coordinates must be to ‘‘VOC.’’ § 62.16714(b)(2)(iv) through the use of a in decimal degrees with at least five (2) The calibration gas must be collection system not conforming to the decimal places. methane, diluted to a nominal specifications provided in § 62.16728 (ii) Cover maintenance or adjustments concentration of 500 parts-per-million must provide information satisfactory to to the vacuum of the adjacent wells to in air. the Administrator as specified in increase the gas collection in the (3) To meet the performance § 62.16724(d)(3) demonstrating that off- vicinity of each exceedance must be evaluation requirements in section 8.1 site migration is being controlled. made and the location must be re- of EPA Method 21 of appendix A–7 of (b) For purposes of compliance with monitored within 10 calendar days of 40 CFR part 60, the instrument § 62.16716(a), each owner or operator of detecting the exceedance. evaluation procedures of section 8.1 of a controlled landfill must place each (iii) If the re-monitoring of the EPA Method 21 of appendix A–7 of 40 well or design component as specified location shows a second exceedance, CFR part 60 must be used. in the approved design plan as provided additional corrective action must be (4) The calibration procedures in § 62.16724(d). Each well must be taken, and the location must be provided in sections 8 and 10 of EPA installed no later than 60 days after the monitored again within 10 days of the Method 21 of appendix A–7 of 40 CFR date on which the initial solid waste has second exceedance. If the re-monitoring part 60 must be followed immediately been in place for a period of: shows a third exceedance for the same before commencing a surface (1) 5 years or more if active; or location, the action specified in monitoring survey. (2) 2 years or more if closed or at final paragraph (c)(4)(v) of this section must (e) The provisions of this subpart grade. be taken, and no further monitoring of apply at all times, including periods of (c) The following procedures must be that location is required until the action startup, shutdown, or malfunction. used for compliance with the surface specified in paragraph (c)(4)(v) of this During periods of startup, shutdown, methane operational standard as section has been taken. and malfunction, you must comply with provided in § 62.16716(d): (iv) Any location that initially showed the work practice specified in (1) After installation and startup of an exceedance but has a methane § 62.16716(e) in lieu of the compliance the gas collection system, the owner or concentration less than 500 parts-per- provisions in § 62.16720. operator must monitor surface million methane above background at concentrations of methane along the the 10-day re-monitoring specified in § 62.16722 Monitoring of operations. entire perimeter of the collection area paragraph (c)(4)(ii) or (iii) of this section Follow the monitoring provisions in and along a pattern that traverses the must be re-monitored 1 month from the this section (as well as the provisions in landfill at no more than 30-meter initial exceedance. If the 1-month re- §§ 62.16716 and 62.16720), except as intervals (or a site-specific established monitoring shows a concentration less provided in § 62.16724(d)(2), or the spacing) for each collection area on a than 500 parts-per-million above monitoring provisions in § 63.1961 of quarterly basis using an organic vapor background, no further monitoring of this chapter (as well as the provisions in analyzer, flame ionization detector, or that location is required until the next §§ 63.1958 and 63.1960 of this chapter), other portable monitor meeting the quarterly monitoring period. If the 1- or both as alternative means of specifications provided in paragraph (d) month re-monitoring shows an compliance, for an MSW landfill with a of this section. exceedance, the actions specified in gas collection and control system used

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to comply with the provisions of manufacturer’s specifications, the appropriate monitoring procedures. The § 62.16714(b) and (c). Once the owner or following equipment: Administrator must review the operator begins to comply with the (1) A temperature monitoring device information and either approve it, or provisions of § 63.1961 of this chapter, equipped with a continuous recorder request that additional information be the owner or operator must continue to and having a minimum accuracy of ±1 submitted. The Administrator may operate the collection and control percent of the temperature being specify additional appropriate device according to those provisions measured expressed in degrees Celsius monitoring procedures. and cannot return to the provisions of or ±0.5 degrees Celsius, whichever is (e) Each owner or operator seeking to this section. greater. A temperature monitoring install a collection system that does not (a) Each owner or operator seeking to device is not required for boilers or meet the specifications in § 62.16728 or comply with § 62.16714(b)(2) for an process heaters with design heat input seeking to monitor alternative active gas collection system must install capacity equal to or greater than 44 parameters to those required by a sampling port and a thermometer, megawatts. § 62.16716 through § 62.16722 must other temperature measuring device, or (2) A device that records flow to the provide information satisfactory to the an access port for temperature control device and bypass of the control Administrator as provided in measurements at each wellhead and: device (if applicable). The owner or § 62.16724(d)(2) and (3) describing the (1) Measure the gauge pressure in the operator must: design and operation of the collection gas collection header on a monthly basis (i) Install, calibrate, and maintain a system, the operating parameters that as provided in § 62.16720(a)(3); and gas flow rate measuring device that would indicate proper performance, and (2) Monitor nitrogen or oxygen must record the flow to the control appropriate monitoring procedures. The concentration in the landfill gas on a device at least every 15 minutes; and Administrator may specify additional monthly basis as follows: (ii) Secure the bypass line valve in the appropriate monitoring procedures. (f) Each owner or operator seeking to (i) The nitrogen level must be closed position with a car-seal or a lock- demonstrate compliance with the 500 determined using EPA Method 3C of and-key type configuration. A visual parts-per-million surface methane appendix A–2 of 40 CFR part 60, unless inspection of the seal or closure operational standard in § 62.16716(d) an alternative test method is established mechanism must be performed at least must monitor surface concentrations of as allowed by § 62.16724(d)(2). once every month to ensure that the methane according to the procedures (ii) Unless an alternative test method valve is maintained in the closed provided in § 62.16720(c) and the is established as allowed by position and that the gas flow is not instrument specifications in § 62.16724(d)(2), the oxygen level must diverted through the bypass line. (c) Each owner or operator seeking to § 62.16720(d). Any closed landfill that be determined by an oxygen meter using comply with § 62.16714(c) using a non- has no monitored exceedances of the EPA Method 3A of appendix A–7 of 40 enclosed flare must install, calibrate, operational standard in three CFR part 60, EPA Method 3C of maintain, and operate according to the consecutive quarterly monitoring appendix A–7 of 40 CFR part 60, or manufacturer’s specifications the periods may skip to annual monitoring. ASTM D6522–11. Determine the oxygen following equipment: Any methane reading of 500 parts-per- level by an oxygen meter using EPA (1) A heat sensing device, such as an million or more above background Method 3A, 3C, or ASTM D6522–11 (if ultraviolet beam sensor or detected during the annual monitoring sample location is prior to combustion) thermocouple, at the pilot light or the returns the frequency for that landfill to except that: flame itself to indicate the continuous quarterly monitoring. (A) The span must be set between 10- presence of a flame. (g) Each owner or operator seeking to and 12-percent oxygen; (2) A device that records flow to the demonstrate compliance with the (B) A data recorder is not required; flare and bypass of the flare (if control system requirements in (C) Only two calibration gases are applicable). The owner or operator § 62.16714(c) using a landfill gas required, a zero and span; must: treatment system must maintain and (D) A calibration error check is not (i) Install, calibrate, and maintain a operate all monitoring systems required; gas flow rate measuring device that associated with the treatment system in (E) The allowable sample bias, zero records the flow to the control device at accordance with the site-specific drift, and calibration drift are ±10 least every 15 minutes; and treatment system monitoring plan percent. (ii) Secure the bypass line valve in the required in § 62.16726(b)(5)(ii) and must (iii) A portable gas composition closed position with a car-seal or a lock- calibrate, maintain, and operate analyzer may be used to monitor the and-key type configuration. A visual according to the manufacturer’s oxygen levels provided: inspection of the seal or closure specifications a device that records flow (A) The analyzer is calibrated; and mechanism must be performed at least to the treatment system and bypass of (B) The analyzer meets all quality once every month to ensure that the the treatment system (if applicable). The assurance and quality control valve is maintained in the closed owner or operator must: requirements for EPA Method 3A or position and that the gas flow is not (1) Install, calibrate, and maintain a ASTM D6522–11. diverted through the bypass line. gas flow rate measuring device that (3) Monitor temperature of the landfill (d) Each owner or operator seeking to records the flow to the treatment system gas on a monthly basis as provided in demonstrate compliance with at least every 15 minutes; and § 62.16720(a)(4). The temperature § 62.16714(c) using a device other than (2) Secure the bypass line valve in the measuring device must be calibrated a non-enclosed flare or an enclosed closed position with a car-seal or a lock- annually using the procedure in 40 CFR combustor or a treatment system must and-key type configuration. A visual part 60, appendix A–1, EPA Method 2, provide information satisfactory to the inspection of the seal or closure section 10.3. Administrator as provided in mechanism must be performed at least (b) Each owner or operator seeking to § 62.16724(d)(2) describing the once every month to ensure that the comply with § 62.16714(c) using an operation of the control device, the valve is maintained in the closed enclosed combustor must calibrate, operating parameters that would position and that the gas flow is not maintain, and operate according to the indicate proper performance, and diverted through the bypass line.

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(h) The monitoring requirements of solid waste may be landfilled according necessary to verify the reported NMOC paragraphs (b), (c), (d), and (g) of this to the permit issued by the state, local, emission rate. section apply at all times the designated or tribal agency responsible for (1) The NMOC emission rate report facility is operating, except for periods regulating the landfill. must contain an annual or 5-year of monitoring system malfunctions, (2) The maximum design capacity of estimate of the NMOC emission rate repairs associated with monitoring the landfill. Where the maximum design calculated using the formula and system malfunctions, and required capacity is specified in the permit procedures provided in § 62.16718(a) or monitoring system quality assurance or issued by the state, local, or tribal (b), as applicable. quality control activities. A monitoring agency responsible for regulating the (2) The NMOC emission rate report system malfunction is any sudden, landfill, a copy of the permit specifying must include all the data, calculations, infrequent, not reasonably preventable the maximum design capacity may be sample reports and measurements used failure of the monitoring system to submitted as part of the report. If the to estimate the annual or 5-year provide valid data. Monitoring system maximum design capacity of the landfill emissions. failures that are caused in part by poor is not specified in the permit, the (3) If the estimated NMOC emission maintenance or careless operation are maximum design capacity must be rate as reported in the annual report to not malfunctions. You are required to calculated using good engineering the Administrator is less than 34 complete monitoring system repairs in practices. The calculations must be megagrams per year in each of the next response to monitoring system provided, along with the relevant 5 consecutive years, the owner or malfunctions and to return the parameters as part of the report. The operator may elect to submit, following monitoring system to operation as landfill may calculate design capacity in the procedure specified in paragraph expeditiously as practicable. either megagrams or cubic meters for (j)(2) of this section, an estimate of the (i) Incorporation by reference required comparison with the exemption values. NMOC emission rate for the next 5-year material. If the owner or operator chooses to period in lieu of the annual report. This (1) The material required by this convert the design capacity from estimate must include the current section was approved for incorporation volume to mass or from mass to volume amount of solid waste-in-place and the by reference into this section by the to demonstrate its design capacity is less estimated waste acceptance rate for each Director of the Federal Register under 5 than 2.5 million megagrams or 2.5 year of the 5 years for which an NMOC U.S.C. 552(a) and 1 CFR part 51. You million cubic meters, the calculation emission rate is estimated. All data and may inspect approved material at the must include a site-specific density, calculations upon which this estimate is EPA Docket Center, WJC West Building, which must be recalculated annually. based must be provided to the Any density conversions must be Room Number 3334, 1301 Constitution Administrator. This estimate must be documented and submitted with the Ave. NW, Washington, DC, (202) 566– revised at least once every 5 years. If the design capacity report. The state, local, 1744, Docket ID No. EPA–HQ–OAR– actual waste acceptance rate exceeds the or tribal agency or the Administrator 2019–0338 and obtain it from the estimated waste acceptance rate in any may request other reasonable source(s) listed below. It is also year reported in the 5-year estimate, a information as may be necessary to available for inspection at the National revised 5-year estimate must be verify the maximum design capacity of Archives and Records Administration submitted to the Administrator. The the landfill. (NARA). For information on the revised estimate must cover the 5-year availability of this material at NARA, (b) Amended design capacity report. An amended design capacity report period beginning with the year in which email [email protected], or go to the actual waste acceptance rate www.archives.gov/federal-register/cfr/ must be submitted providing notification of an increase in the design exceeded the estimated waste ibr-locations.html. acceptance rate. (2) ASTM International, 100 Barr capacity of the landfill, within 90 days of an increase in the maximum design (4) Each owner or operator subject to Harbor Drive, P.O. Box CB700, West the requirements of this subpart is Conshohocken, Pennsylvania 19428– capacity of the landfill to meet or exceed 2.5 million megagrams and 2.5 exempted from the requirements to 2959, (800) 262–1373, www.astm.org. submit an NMOC emission rate report, (i) ASTM D6522–11 Standard Test million cubic meters. This increase in design capacity may result from an after installing a collection and control Method for Determination of Nitrogen system that complies with § 62.16714(b) Oxides, Carbon Monoxide, and Oxygen increase in the permitted volume of the landfill or an increase in the density as and (c), during such time as the Concentrations in Emissions from collection and control system is in Natural Gas-Fired Reciprocating documented in the annual recalculation required in § 62.16726(f). operation and in compliance with Engines, Combustion Turbines, Boilers, §§ 62.16716 and 62.16720. and Process Heaters Using Portable (c) NMOC emission rate report. For (d) Collection and control system Analyzers, approved , 2011. existing MSW landfills covered by this design plan. The collection and control (ii) [Reserved] subpart with a design capacity equal to or greater than 2.5 million megagrams system design plan must be prepared § 62.16724 Reporting guidelines. and 2.5 million cubic meters, the NMOC and approved by a professional engineer Follow the reporting provisions listed emission rate report must be submitted and must meet the following in this section, as applicable, except as following the procedure specified in requirements: provided under 40 CFR 60.24 and paragraph (j)(2) of this section no later (1) The collection and control system §§ 62.16711(g), (h), and 62.16724(d)(2). than 90 days after the effective date of as described in the design plan must (a) Design capacity report. Submit the this subpart. The NMOC emission rate meet the design requirements in initial design capacity report no later report must be submitted to the § 62.16714(b) and (c). than , 2021. The initial Administrator annually following the (2) The collection and control system design capacity report must contain the procedure specified in paragraph (j)(2) design plan must include any following information: of this section, except as provided for in alternatives to the operational (1) A map or plot of the landfill, paragraph (c)(3) of this section. The standards, test methods, procedures, providing the size and location of the Administrator may request such compliance measures, monitoring, landfill, and identifying all areas where additional information as may be recordkeeping, or reporting provisions

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of §§ 62.16716 through 62.16726 owner or operator must submit annually Administrator chooses to review the proposed by the owner or operator. a Tier 4 surface emissions report as plan, the approval process continues as (3) The collection and control system specified in this paragraph following the described in paragraph (c)(6) of this design plan must either conform to procedure specified in paragraph (j)(2) section. However, if the Administrator specifications for active collection of this section until a surface emissions indicates that submission is not systems in § 62.16728 or include a reading of 500 parts-per-million required or does not respond within 90 demonstration to the Administrator’s methane or greater is found. If the Tier days, the landfill owner or operator can satisfaction of the sufficiency of the 4 surface emissions report shows no continue to implement the plan with the alternative provisions to § 62.16728. surface emissions readings of 500 parts- recognition that the owner or operator is (4) Each owner or operator of an MSW per-million methane or greater for four proceeding at their own risk. In the landfill having a design capacity equal consecutive quarters at a closed landfill, event that the design plan is required to to or greater than 2.5 million megagrams then the landfill owner or operator may be modified to obtain approval, the and 2.5 million cubic meters must reduce Tier 4 monitoring from a owner or operator must take any steps submit a copy of the collection and quarterly to an annual frequency. The necessary to conform any prior actions control system design plan cover page Administrator may request such to the approved design plan and any that contains the engineer’s seal to the additional information as may be failure to do so could result in an Administrator within 1 year of the first necessary to verify the reported enforcement action. NMOC emission rate report in which instantaneous surface emission (6) Upon receipt of an initial or the NMOC emission rate equals or readings. The Tier 4 surface emissions revised design plan, the Administrator exceeds 34 megagrams per year, except report must clearly identify the location, must review the information submitted as follows: date and time (to the nearest second), under paragraphs (d)(1) through (3) of (i) If the owner or operator elects to average wind speeds including wind this section and either approve it, recalculate the NMOC emission rate gusts, and reading (in parts-per-million) disapprove it, or request that additional after Tier 2 NMOC sampling and of any value 500 parts-per-million information be submitted. Because of analysis as provided in § 62.16718(a)(3) methane or greater, other than non- the many site-specific factors involved and the resulting rate is less than 34 repeatable, momentary readings. For with landfill gas system design, megagrams per year, annual periodic location, you must determine the alternative systems may be necessary. A reporting must be resumed, using the latitude and longitude coordinates using wide variety of system designs are Tier 2 determined site-specific NMOC an instrument with an accuracy of at possible, such as vertical wells, concentration, until the calculated least 4 meters. The coordinates must be combination horizontal and vertical NMOC emission rate is equal to or in decimal degrees with at least five collection systems, or horizontal greater than 34 megagrams per year or decimal places. The Tier 4 surface the landfill is closed. The revised trenches only, leachate collection emission report should also include the components, and passive systems. If the NMOC emission rate report, with the results of the most recent Tier 1 and recalculated NMOC emission rate based Administrator does not approve or Tier 2 results in order to verify that the disapprove the design plan, or does not on NMOC sampling and analysis, must landfill does not exceed 50 megagrams be submitted, following the procedures request that additional information be per year of NMOC. submitted within 90 days of receipt, in paragraph (j)(2) of this section, within (A) The initial Tier 4 surface then the owner or operator may 180 days of the first calculated emissions report must be submitted continue with implementation of the exceedance of 34 megagrams per year. annually, starting within 30 days of design plan, recognizing they would be (ii) If the owner or operator elects to completing the fourth quarter of Tier 4 proceeding at their own risk. recalculate the NMOC emission rate SEM that demonstrates that site-specific after determining a site-specific surface methane emissions are below (7) If the owner or operator chooses to methane generation rate constant k, as 500 parts-per-million methane, and demonstrate compliance with the provided in Tier 3 in § 62.16718(a)(4), following the procedure specified in emission control requirements of this and the resulting NMOC emission rate paragraph (j)(2) of this section subpart using a treatment system as is less than 34 megagrams per year, (B) The Tier 4 surface emissions rate defined in this subpart, then the owner annual periodic reporting must be report must be submitted within 1 year or operator must prepare a site-specific resumed. The resulting site-specific of the first measured surface exceedance treatment system monitoring plan as methane generation rate constant k must of 500 parts-per-million methane, specified in § 62.16726(b)(5). Legacy be used in the NMOC emission rate following the procedure specified in controlled landfills must prepare the calculation until such time as the paragraph (j)(2) of this section. monitoring plan no later than May 23, emissions rate calculation results in an (iv) If the landfill is in the closed 2022. exceedance. The revised NMOC landfill subcategory, the owner or (e) Revised design plan. The owner or emission rate report based on the operator is exempt from submitting a operator who has already been required provisions of § 62.16718(a)(4) and the collection and control system design to submit a design plan under paragraph resulting site-specific methane plan to the Administrator provided that (d) of this section, or under subpart GGG generation rate constant k must be conditions in § 62.16711(g)(3) are met. If of this part; 40 CFR part 60, subpart submitted, following the procedure not, the owner or operator shall follow WWW; or a state plan implementing specified in paragraph (j)(2) of this the submission procedures and timing subpart Cc of 40 CFR part 60, must section, to the Administrator within 1 in § 62.16724(d)(ii) and (iii) using a submit a revised design plan to the year of the first calculated NMOC level of 50 Mg/yr instead of 34 Mg/yr. Administrator for approval as follows: emission rate equaling or exceeding 34 (5) The landfill owner or operator (1) At least 90 days before expanding megagrams per year. must notify the Administrator that the operations to an area not covered by the (iii) If the owner or operator elects to design plan is completed and submit a previously approved design plan. demonstrate that site-specific surface copy of the plan’s signature page. The (2) Prior to installing or expanding the methane emissions are below 500 parts- Administrator has 90 days to decide gas collection system in a way that is per-million methane, based on the whether the design plan should be not consistent with the design plan that provisions of § 62.16718(a)(6), then the submitted for review. If the was submitted to the Administrator

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according to paragraph (d) of this submitted to the EPA via the EPA’s allowed at §§ 62.16716, 62.16720, and section. CDX. If the NMOC emission rate reports 62.16722, the owner or operator must (f) Closure report. Each owner or have been previously submitted to the follow the semi-annual reporting operator of a controlled landfill must EPA’s CDX, a statement that the NMOC requirements in § 63.1981(h) of this submit a closure report to the emission rate reports have been chapter in lieu of this paragraph. Administrator within 30 days of ceasing submitted electronically and the dates (1) Value and length of time for waste acceptance. The Administrator that the reports were submitted to the exceedance of applicable parameters may request additional information as EPA’s CDX may be submitted in the monitored under § 62.16722(a)(1), (b), may be necessary to verify that equipment removal report in lieu of the (c), (d), and (g). permanent closure has taken place in NMOC emission rate reports. (2) Description and duration of all accordance with the requirements of 40 (2) The Administrator may request periods when the gas stream was CFR 258.60. If a closure report has been such additional information as may be diverted from the control device or submitted to the Administrator, no necessary to verify that all of the treatment system through a bypass line additional wastes may be placed into conditions for removal in § 62.16714(f) or the indication of bypass flow as the landfill without filing a notification have been met. specified under § 62.16722. of modification as described under 40 (h) Annual report. The owner or (3) Description and duration of all CFR 60.7(a)(4). operator of a landfill seeking to comply periods when the control device or (g) Equipment removal report. Each with § 62.16714(e)(2) using an active treatment system was not operating and owner or operator of a controlled collection system designed in length of time the control device or landfill must submit an equipment accordance with § 62.16714(b) must treatment system was not operating. removal report to the Administrator 30 submit to the Administrator, following (4) All periods when the collection days prior to removal or cessation of the procedures specified in paragraph system was not operating. operation of the control equipment. (j)(2) of this section, an annual report of (5) The location of each exceedance of (1) The equipment removal report the recorded information in paragraphs the 500 parts-per-million methane must contain the following items: (h)(1) through (7) of this section. The concentration as provided in (i) A copy of the closure report initial annual report must be submitted § 62.16716(d) and the concentration submitted in accordance with paragraph within 180 days of installation and recorded at each location for which an (f) of this section; and startup of the collection and control exceedance was recorded in the (ii) A copy of the initial performance system except for legacy controlled previous month. For location, you must test report demonstrating that the 15- landfills that have already submitted an determine the latitude and longitude year minimum control period has initial report under 40 CFR part 60, coordinates using an instrument with an expired, unless the report of the results subpart WWW; subpart GGG of this accuracy of at least 4 meters. The of the performance test has been part; or a state plan implementing 40 coordinates must be in decimal degrees submitted to the EPA via the EPA’s CFR part 60, subpart Cc. Except for with at least five decimal places. Central Data Exchange (CDX), or legacy controlled landfills, the initial (6) The date of installation and the information that demonstrates that the annual report must include the initial location of each well or collection gas collection and control system will performance test report required under system expansion added pursuant to be unable to operate for 15 years due to 40 CFR 60.8, as applicable, unless the § 62.16720(a)(3), (4), (b), and (c)(4). declining gas flows. In the equipment report of the results of the performance (7) For any corrective action analysis removal report, the process unit(s) test has been submitted to the EPA via for which corrective actions are required tested, the pollutant(s) tested, and the the EPA’s CDX. Legacy controlled in § 62.16720(a)(3) or (4) and that take date that such performance test was landfills are exempted from submitting more than 60 days to correct the conducted may be submitted in lieu of performance test reports in EPA’s CDX exceedance, the root cause analysis the performance test report if the report provided that those reports were conducted, including a description of has been previously submitted to the submitted under 40 CFR part 60, the recommended corrective action(s), EPA’s CDX; and subpart WWW; subpart GGG of this the date for corrective action(s) already (iii) Dated copies of three successive part; or a state plan implementing 40 completed following the positive NMOC emission rate reports CFR part 60, subpart Cc. In the initial pressure or elevated temperature demonstrating that the landfill is no annual report, the process unit(s) tested, reading, and, for action(s) not already longer producing 34 megagrams or the pollutant(s) tested and the date that completed, a schedule for greater of NMOC per year, unless the such performance test was conducted implementation, including proposed NMOC emission rate reports have been may be submitted in lieu of the commencement and completion dates. submitted to the EPA via the EPA’s performance test report if the report has (i) Initial performance test report. CDX. If the NMOC emission rate reports been previously submitted to the EPA’s Each owner or operator seeking to have been previously submitted to the CDX. The initial performance test report comply with § 62.16714(c) must include EPA’s CDX, a statement that the NMOC must be submitted, following the the following information with the emission rate reports have been procedure specified in paragraph (j)(1) initial performance test report required submitted electronically and the dates of this section, no later than the date under 40 CFR 60.8 of this chapter: that the reports were submitted to the that the initial annual report is (1) A diagram of the collection system EPA’s CDX may be submitted in the submitted. For enclosed combustion showing collection system positioning equipment removal report in lieu of the devices and flares, reportable including all wells, horizontal NMOC emission rate reports; or exceedances are defined under collectors, surface collectors, or other (iv) For the closed landfill § 62.16726(c)(1). Legacy controlled gas extraction devices, including the subcategory, dated copies of three landfills are required to submit the locations of any areas excluded from successive NMOC emission rate reports annual report no later than one year collection and the proposed sites for the demonstrating that the landfill is no after the most recent annual report future collection system expansion; longer producing 50 megagrams or submitted. If complying with the (2) The data upon which the sufficient greater of NMOC per year, unless the operational provisions of §§ 63.1958, density of wells, horizontal collectors, NMOC emission rate reports have been 63.1960, and 63.1961 of this chapter, as surface collectors, or other gas

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extraction devices and the gas mover 27703. The same ERT or alternate file (2) For corrective action that is equipment sizing are based; with the CBI omitted must be submitted required according to (3) The documentation of the to the EPA via the EPA’s CDX as § 62.16720(a)(3)(iii) or presence of asbestos or nondegradable described earlier in this paragraph. § 62.16720(a)(4)(iii) and is not material for each area from which (ii) For data collected using test completed within 60 days after the collection wells have been excluded methods that are not supported by the initial exceedance, you must submit a based on the presence of asbestos or EPA’s ERT as listed on the EPA’s ERT notification to the Administrator as soon nondegradable material; website at the time of the test, you must as practicable but no later than 75 days (4) The sum of the gas generation flow submit the results of the performance after the first measurement of positive rates for all areas from which collection test to the Administrator at the pressure or temperature exceedance. wells have been excluded based on appropriate address listed in 40 CFR (l) Liquids addition. The owner or nonproductivity and the calculations of 60.4 of this chapter. operator of a designated facility with a gas generation flow rate for each (2) Each owner or operator required to design capacity equal to or greater than excluded area; submit reports following the procedure 2.5 million megagrams and 2.5 million (5) The provisions for increasing gas specified in this paragraph must submit cubic meters that has employed leachate mover equipment capacity with reports to the EPA via the CEDRI (CEDRI recirculation or added liquids based on increased gas generation flow rate, if the can be accessed through the EPA’s a Research, Development, and present gas mover equipment is CDX). The owner or operator must use Demonstration permit (issued through inadequate to move the maximum flow the appropriate electronic report in Resource Conservation and Recovery rate expected over the life of the CEDRI for this subpart or an alternate Act (RCRA), subtitle D, part 258) within landfill; and the last 10 years must submit to the (6) The provisions for the control of electronic file format consistent with the XML schema listed on the CEDRI Administrator, annually, following the off-site migration. procedure specified in paragraph (j)(2) (j) Electronic reporting. The owner or website (https://www3.epa.gov/ttn/ of this section, the following operator must submit reports chief/cedri/index.html). If the reporting information: electronically according to paragraphs form specific to this subpart is not available in CEDRI at the time that the (1) Volume of leachate recirculated (j)(1) and (2) of this section. (gallons per year) and the reported basis (1) Within 60 days after the date of report is due, the owner or operator of those estimates (records or completing each performance test (as must submit the report to the engineering estimates). defined in 40 CFR 60.8 of this chapter), Administrator at the appropriate (2) Total volume of all other liquids the owner or operator must submit the address listed in 40 CFR 60.4 of this added (gallons per year) and the results of each performance test chapter. Once the form has been reported basis of those estimates according to the following procedures: available in CEDRI for 90 calendar days, (records or engineering estimates). (i) For data collected using test the owner or operator must begin (3) Surface area (acres) over which the methods supported by the EPA’s submitting all subsequent reports via leachate is recirculated (or otherwise Electronic Reporting Tool (ERT) as CEDRI. The reports must be submitted by the deadlines specified in this applied). listed on the EPA’s ERT website (4) Surface area (acres) over which _ subpart, regardless of the method in (https://www3.epa.gov/ttn/chief/ert/ert any other liquids are applied. info.html) at the time of the test, you which the reports are submitted. (5) The total waste disposed must submit the results of the (k) Corrective action and the (megagrams) in the areas with performance test to the EPA via the corresponding timeline. The owner or recirculated leachate and/or added Compliance and Emissions Data operator must submit according to liquids based on on-site records to the Reporting Interface (CEDRI). The CEDRI paragraphs (k)(1) and (2) of this section. extent data are available, or engineering can be accessed through the EPA’s CDX If complying with the operational estimates and the reported basis of those (https://cdx.epa.gov/). Performance test provisions of 40 CFR 63.1958, 63.1960, estimates. data must be submitted in a file format and 63.1961 of this chapter, as allowed (6) The annual waste acceptance rates generated through the use of the EPA’s at §§ 62.16716, 62.16720, and 62.16722, (megagrams per year) in the areas with ERT or an alternative file format the owner or operator must follow the recirculated leachate and/or added consistent with the extensible markup corrective action and the corresponding liquids, based on on-site records to the language (XML) schema listed on the timeline reporting requirements in extent data are available, or engineering EPA’s ERT website, once the XML § 63.1981(j) of this chapter in lieu of estimates. schema is available. If you claim that paragraphs (k)(1) and (2) of this section. (7) The initial report must contain some of the performance test (1) For corrective action that is items in paragraph (l)(1) through (6) of information being submitted is required according to this section per year for the most recent confidential business information (CBI), § 62.16720(a)(3)(iii) or 62.16720(a)(4)(iii) 365 days as well as for each of the you must submit a complete file and is expected to take longer than 120 previous 10 years, to the extent generated through the use of the EPA’s days after the initial exceedance to historical data are available in on-site ERT or an alternate electronic file complete, you must submit the root records, and the report must be consistent with the XML schema listed cause analysis, corrective action submitted no later than June 21, 2022. on the EPA’s ERT website, including analysis, and corresponding (8) Subsequent annual reports must information claimed to be CBI, on a implementation timeline to the contain items in paragraph (l)(1) compact disc, flash drive, or other Administrator as soon as practicable but through (6) of this section for the 365- commonly used electronic storage no later than 75 days after the first day period following the 365-day period media to the EPA. The electronic media measurement of positive pressure or included in the previous annual report, must be clearly marked as CBI and temperature monitoring value of 55 and the report must be submitted no mailed to U.S. EPA/OAQPS/CORE CBI degrees Celsius (131 degrees Fahrenheit) later than 365 days after the date the Office, Attention: Group Leader, or above. The Administrator must previous report was submitted. Measurement Policy Group, MD C404– approve the plan for corrective action (9) Landfills in the closed landfill 02, 4930 Old Page Rd., Durham, NC and the corresponding timeline. subcategory are exempt from reporting

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requirements contained in paragraphs state or tribal air pollution control (ii) The density of wells, horizontal (l)(1) through (7) of this section. authority) that is submitting alternative collectors, surface collectors, or other (10) Landfills may cease annual dates for increments 2 and 3 according gas extraction devices determined using reporting of items in paragraphs (l)(1) to § 62.16712(d) must do so by the date the procedures specified in through (6) of this section once they specified for submitting the final control § 62.16728(a)(1). have submitted the closure report in plan. The date for submitting the final (2) Where an owner or operator § 62.16724(f). control plan is specified in subject to the provisions of this subpart (m) Tier 4 notification. (1) The owner § 62.16712(c), as applicable. The owner seeks to demonstrate compliance with or operator of a designated facility with or operator (or the state or tribal air § 62.16714(c) through use of an enclosed a design capacity equal to or greater pollution control authority) must submit combustion device other than a boiler or than 2.5 million megagrams and 2.5 a justification if any of the alternative process heater with a design heat input million cubic meters must provide a dates are later than the increment dates capacity equal to or greater than 44 notification of the date(s) upon which it in table 1 of this subpart. In addition to megawatts: intends to demonstrate site-specific submitting the alternative dates to the (i) The average temperature measured surface methane emissions are below appropriate EPA Regional office, the at least every 15 minutes and averaged 500 parts-per-million methane, based on owner or operator must also submit the over the same time period of the the Tier 4 provisions of § 62.16718(a)(6). alternative dates to the state or tribe. performance test. The landfill must also include a (q) 24-hour high temperature report. (ii) The percent reduction of NMOC description of the wind barrier to be Each owner or operator that chooses to determined as specified in used during the SEM in the notification. comply with the provisions in § 62.16714(c)(2) achieved by the control Notification must be postmarked not §§ 63.1958, 63.1960, and 63.1961 of this device. (3) Where an owner or operator less than 30 days prior to such date. chapter, as allowed in §§ 62.16716, (2) If there is a delay to the scheduled subject to the provisions of this subpart 62.16720, and 62.16722, must submit Tier 4 SEM date due to weather seeks to demonstrate compliance with the 24-hour high temperature report conditions, including not meeting the § 62.16714(c)(2)(i) through use of a according to § 63.1981(k) of this chapter. wind requirements in boiler or process heater of any size: A § 62.16718(a)(6)(A), the owner or § 62.16726 Recordkeeping guidelines. description of the location at which the operator of a landfill shall notify the Follow the recordkeeping provisions collected gas vent stream is introduced Administrator by email or telephone no in this section. into the boiler or process heater over the later than 48 hours before any known (a) Except as provided in same time period of the performance delay in the original test date, and § 62.16724(d)(2), each owner or operator testing. (4) Where an owner or operator arrange an updated date with the of an MSW landfill subject to the subject to the provisions of this subpart Administrator by mutual agreement. provisions of § 62.16714(e) must keep (n) Notification of meeting Tier 4. The seeks to demonstrate compliance with for at least 5 years up-to-date, readily owner or operator of a designated § 62.16714(c)(1) through use of a non- accessible, on-site records of the design facility must submit a notification to the enclosed flare, the flare type (i.e., steam- capacity report that triggered EPA Regional office within 10 business assisted, air-assisted, or non-assisted), § 62.16714(e), the current amount of days of completing each increment of all visible emission readings, heat solid waste in-place, and the year-by- progress. Each notification must content determination, flow rate or year waste acceptance rate. Off-site indicate which increment of progress bypass flow rate measurements, and exit records may be maintained if they are specified in § 62.16712 has been velocity determinations made during retrievable within 4 hours. Either paper achieved. The notification must be the performance test as specified in 40 copy or electronic formats are signed by the owner or operator of the CFR 60.18 of this chapter; and acceptable. landfill. continuous records of the flare pilot (1) For the first increment of progress (b) Except as provided in flame or flare flame monitoring and (submit control plan), you must follow § 62.16724(d)(2), each owner or operator records of all periods of operations paragraph (p) of this section in addition of a controlled landfill must keep up-to- during which the pilot flame or the flare to submitting the notification described date, readily accessible records for the flame is absent. in paragraph (n) of this section. A copy life of the control system equipment of (5) Where an owner or operator of the design plan must also be kept on the data listed in paragraphs (b)(1) subject to the provisions of this subpart site at the landfill. through (5) of this section as measured seeks to demonstrate compliance with (2) For the second increment of during the initial performance test or § 62.16714(c)(3) through use of a landfill progress, a signed copy of the contract(s) compliance determination. Records of gas treatment system: awarded must be submitted in addition subsequent tests or monitoring must be (i) Bypass records. Records of the flow to the notification described in maintained for a minimum of 5 years. of landfill gas to, and bypass of, the paragraph (n) of this section. Records of the control device vendor treatment system. (o) Notification of failing to meet an specifications must be maintained until (ii) Site-specific treatment monitoring increment of progress. The owner or removal. plan. A site-specific treatment operator of a designated facility who (1) Where an owner or operator monitoring plan, to include: fails to meet any increment of progress subject to the provisions of this subpart (A) Monitoring records of parameters specified in § 62.16712(a)(1) through (5) seeks to demonstrate compliance with that are identified in the treatment according to the applicable schedule in § 62.16714(b): system monitoring plan and that ensure § 62.16712 must submit notification that (i) The maximum expected gas the treatment system is operating the owner or operator failed to meet the generation flow rate as calculated in properly for each intended end use of increment to the EPA Regional office § 62.16720(a)(1). The owner or operator the treated landfill gas. At a minimum, within 10 business days of the may use another method to determine records should include records of applicable date in § 62.16712. the maximum gas generation flow rate, filtration, de-watering, and compression (p) Alternate dates for increments 2 if the method has been approved by the parameters that ensure the treatment and 3. The owner or operator (or the Administrator. system is operating properly for each

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intended end use of the treated landfill accessible record of all periods of standards in § 62.16716, the reading in gas. operation of the boiler or process heater. the subsequent month whether or not (B) Monitoring methods, frequencies, Examples of such records could include the second reading is an exceedance, and operating ranges for each monitored records of steam use, fuel use, or and the location of each exceedance. operating parameter based on monitoring data collected pursuant to (2) Each owner or operator subject to manufacturer’s recommendations or other state, local, tribal, or Federal the provisions of this subpart must also engineering analysis for each intended regulatory requirements. keep records of each wellhead end use of the treated landfill gas. (4) Each owner or operator seeking to temperature monitoring value of 55 (C) Documentation of the monitoring comply with the provisions of this degrees Celsius (131 degrees Fahrenheit) methods and ranges, along with subpart by use of a non-enclosed flare or above, each wellhead nitrogen level justification for their use. must keep up-to-date, readily accessible at or above 20 percent, and each (D) Identify who is responsible (by job continuous records of the flame or flare wellhead oxygen level at or above 5 title) for data collection. pilot flame monitoring specified under percent. (E) Processes and methods used to § 62.16722(c), and up-to-date, readily (3) For any root cause analysis for collect the necessary data. accessible records of all periods of which corrective actions are required in (F) Description of the procedures and operation in which the flame or flare § 62.16720(a)(3) or § 62.16720(a)(4), methods that are used for quality pilot flame is absent. keep a record of the root cause analysis assurance, maintenance, and repair of (5) Each owner or operator of a conducted, including a description of all continuous monitoring systems. landfill seeking to comply with the recommended corrective action(s) (c) Except as provided in § 62.16714(e) using an active collection taken, and the date(s) the corrective § 62.16724(d)(2), each owner or operator system designed in accordance with action(s) were completed. of a controlled landfill subject to the § 62.16714(b) must keep records of (4) For any root cause analysis for provisions of this subpart must keep for periods when the collection system or which corrective actions are required in 5 years up-to-date, readily accessible control device is not operating. § 62.16720(a)(3)(ii) or continuous records of the equipment (d) Except as provided in § 62.16720(a)(4)(ii), keep a record of the operating parameters specified to be § 62.16724(d)(2), each owner or operator root cause analysis conducted, the monitored in § 62.16722 as well as up- subject to the provisions of this subpart corrective action analysis, the date for to-date, readily accessible records for must keep for the life of the collection corrective action(s) already completed periods of operation during which the system an up-to-date, readily accessible following the positive pressure reading parameter boundaries established plot map showing each existing and or high temperature reading, and, for during the most recent performance test planned collector in the system and action(s) not already completed, a are exceeded. providing a unique identification schedule for implementation, including (1) The following constitute location label on each collector that proposed commencement and exceedances that must be recorded and matches the labeling on the plot map. completion dates. reported under § 62.16724: (1) Each owner or operator subject to (5) For any root cause analysis for (i) For enclosed combustors except for the provisions of this subpart must keep which corrective actions are required in boilers and process heaters with design up-to-date, readily accessible records of § 62.16720(a)(3)(iii) or heat input capacity of 44 megawatts the installation date and location of all § 62.16720(a)(4)(iii), keep a record of the (150 million British thermal unit per newly installed collectors as specified root cause analysis conducted, the hour) or greater, all 3-hour periods of under § 62.16720(b). corrective action analysis, the date for operation during which the average (2) Each owner or operator subject to corrective action(s) already completed temperature was more than 28 degrees the provisions of this subpart must keep following the positive pressure reading Celsius (82 degrees Fahrenheit) below readily accessible documentation of the or high temperature reading, for the average combustion temperature nature, date of deposition, amount, and action(s) not already completed, a during the most recent performance test location of asbestos-containing or schedule for implementation, including at which compliance with § 62.16714(c) nondegradable waste excluded from proposed commencement and was determined. collection as provided in completion dates, and a copy of any (ii) For boilers or process heaters, § 62.16728(a)(3)(i) as well as any comments or final approval on the whenever there is a change in the nonproductive areas excluded from corrective action analysis or schedule location at which the vent stream is collection as provided in from the regulatory agency. introduced into the flame zone as § 62.16728(a)(3)(ii). (6) Each owner or operator that required under paragraph (b)(3) of this (e) Except as provided in chooses to comply with the provisions section. § 62.16724(d)(2), each owner or operator in §§ 63.1958, 63.1960, and 63.1961 of (2) Each owner or operator subject to subject to the provisions of this subpart this chapter, as allowed in §§ 62.16716, the provisions of this subpart must keep must keep for at least 5 years up-to-date, 62.16720, and 62.16722, must keep up-to-date, readily accessible readily accessible records of the items in records of the date upon which the continuous records of the indication of paragraphs (e)(1) through (5) of this owner or operator started complying flow to the control system and the section. Each owner or operator that with the provisions in §§ 63.1958, indication of bypass flow or records of chooses to comply with the provisions 63.1960, and 63.1961 of this chapter. monthly inspections of car-seals or lock- in §§ 63.1958, 63.1960, and 63.1961 of (f) Landfill owners or operators who and-key configurations used to seal this chapter, as allowed in §§ 62.16716, convert design capacity from volume to bypass lines, specified under 62.16720, and 62.16722, must keep the mass or mass to volume to demonstrate § 62.16722. records in paragraph (e)(6) of this that landfill design capacity is less than (3) Each owner or operator subject to section and must keep records 2.5 million megagrams or 2.5 million the provisions of this subpart who uses according to § 63.1983(e)(1) through (5) cubic meters, as provided in the a boiler or process heater with a design of this chapter in lieu of paragraphs definition of ‘‘design capacity,’’ must heat input capacity of 44 megawatts or (e)(1) through (5) of this section. keep readily accessible, on-site records greater to comply with § 62.16714(c) (1) All collection and control system of the annual recalculation of site- must keep an up-to-date, readily exceedances of the operational specific density, design capacity, and

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the supporting documentation. Off-site (6) Background methane in the design: Depths of refuse, refuse records may be maintained if they are concentration (parts per million) after gas generation rates and flow retrievable within 4 hours. Either paper each instrument calibration test. characteristics, cover properties, gas copy or electronic formats are (7) Adjusted methane concentration system expandability, leachate and acceptable. using most recent calibration (parts-per- condensate management, accessibility, (g) Landfill owners or operators million). compatibility with filling operations, seeking to demonstrate that site-specific (8) For readings taken at each surface integration with closure end use, air surface methane emissions are below penetration, the unique identification intrusion control, corrosion resistance, 500 parts-per-million by conducting location label matching the label fill settlement, resistance to the refuse SEM under the Tier 4 procedures specified in paragraph (d) of this decomposition heat, and ability to specified in § 62.16718(a)(6) must keep section. isolate individual components or for at least 5 years up-to-date, readily (9) Records of the operating hours of sections for repair or troubleshooting accessible records of all SEM and the gas collection system for each without shutting down entire collection information related to monitoring destruction device. system. instrument calibrations conducted (h) Except as provided in (2) The sufficient density of gas according to sections 8 and 10 of EPA § 62.16724(d)(2), each owner or operator collection devices determined in Method 21 of appendix A–7 of 40 CFR subject to the provisions of this subpart part 60 of this chapter, including all of paragraph (a)(1) of this section must must keep for at least 5 years up-to-date, address landfill gas migration issues and the following items: readily accessible records of all (1) Calibration records. augmentation of the collection system collection and control system through the use of active or passive (i) Date of calibration and initials of monitoring data for parameters operator performing the calibration. systems at the landfill perimeter or measured in § 62.16722(a)(1), (2), and exterior. (ii) Calibration gas cylinder (3). identification, certification date, and (i) Any records required to be (3) The placement of gas collection certified concentration. maintained by this subpart that are devices determined in paragraph (a)(1) (iii) Instrument scale(s) used. submitted electronically via the EPA’s of this section must control all gas (iv) A description of any corrective producing areas, except as provided by action taken if the meter readout could CDX may be maintained in electronic format. paragraphs (a)(3)(i) and (ii) of this not be adjusted to correspond to the section. calibration gas value. (j) For each owner or operator (v) If an owner or operator makes their reporting leachate or other liquids (i) Any segregated area of asbestos or own calibration gas, a description of the addition under § 62.16724(l), keep nondegradable material may be procedure used. records of any engineering calculations excluded from collection if documented (2) Digital photographs of the or company records used to estimate the as provided under § 62.16726(d). The instrument setup. The photographs quantities of leachate or liquids added, documentation must provide the nature, must be time and date-stamped and the surface areas for which the leachate date of deposition, location and amount taken at the first sampling location prior or liquids were applied, and the of asbestos or nondegradable material to sampling and at the last sampling estimates of annual waste acceptance or deposited in the area, and must be location after sampling at the end of total waste in place in the areas where provided to the Administrator upon each sampling day, for the duration of leachate or liquids were applied. request. the Tier 4 monitoring demonstration. § 62.16728 Specifications for active (ii) Any nonproductive area of the (3) Timestamp of each surface scan collection systems. landfill may be excluded from control, reading. Follow the specifications for active provided that the total of all excluded (i) Timestamp should be detailed to areas can be shown to contribute less the nearest second, based on when the collection systems in this section. (a) Each owner or operator seeking to than 1 percent of the total amount of sample collection begins. NMOC emissions from the landfill. The (ii) A log for the length of time each comply with § 62.16714(b) must site amount, location, and age of the sample was taken using a stopwatch active collection wells, horizontal material must be documented and (e.g., the time the probe was held over collectors, surface collectors, or other provided to the Administrator upon the area). extraction devices at a sufficient density (4) Location of each surface scan throughout all gas producing areas using request. A separate NMOC emissions reading. The owner or operator must the following procedures unless estimate must be made for each section determine the coordinates using an alternative procedures have been proposed for exclusion, and the sum of instrument with an accuracy of at least approved by the Administrator. all such sections must be compared to 4 meters. Coordinates must be in (1) The collection devices within the the NMOC emissions estimate for the decimal degrees with at least five interior must be certified to achieve entire landfill. decimal places. comprehensive control of surface gas (A) The NMOC emissions from each (5) Monitored methane concentration emissions by a professional engineer. section proposed for exclusion must be (parts per million) of each reading. The following issues must be addressed computed using Equation 7:

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Where: must be perforated to allow gas entry Active collection system means a gas Qi = NMOC emission rate from the ith without head loss sufficient to impair collection system that uses gas mover section, megagrams per year. performance across the intended extent equipment. k = Methane generation rate constant, of control. Perforations must be situated Active landfill means a landfill in ¥1 year . with regard to the need to prevent which solid waste is being placed or a Lo = Methane generation potential, cubic excessive air infiltration. landfill that is planned to accept waste meters per megagram solid waste. (2) Vertical wells must be placed so as in the future. Mi = Mass of the degradable solid waste in the ith section, megagram. not to endanger underlying liners and Administrator means the ti = Age of the solid waste in the ith section, must address the occurrence of water Administrator of the U.S. years. within the landfill. Holes and trenches Environmental Protection Agency or CNMOC = Concentration of NMOC, parts-per- constructed for piped wells and his/her authorized representative or the million by volume. horizontal collectors must be of Administrator of a state air pollution × ¥9 3.6 10 = Conversion factor. sufficient cross-section so as to allow for control agency. (B) If the owner or operator is their proper construction and Award contract means the MSW proposing to exclude, or cease gas completion including, for example, landfill owner or operator enters into collection and control from, centering of pipes and placement of legally binding agreements or nonproductive physically separated gravel backfill. Collection devices must contractual obligations that cannot be (e.g., separately lined) closed areas that be designed so as not to allow indirect canceled or modified without already have gas collection systems, short circuiting of air into the cover or substantial financial loss to the MSW NMOC emissions from each physically refuse into the collection system or gas landfill owner or operator. The MSW separated closed area must be computed into the air. Any gravel used around landfill owner or operator may award a using either Equation 3 in § 62.16718 or pipe perforations should be of a number of contracts to install the Equation 7 in paragraph (a)(3)(ii)(A) of dimension so as not to penetrate or collection and control system. To meet this section. block perforations. this increment of progress, the MSW (iii) The values for k and CNMOC (3) Collection devices may be landfill owner or operator must award a determined in field testing must be used connected to the collection header pipes contract or contracts to initiate on-site if field testing has been performed in below or above the landfill surface. The construction or installation of the determining the NMOC emission rate or connector assembly must include a collection and control system. the radii of influence (the distance from positive closing throttle valve, any Closed landfill means a landfill in the well center to a point in the landfill necessary seals and couplings, access which solid waste is no longer being where the pressure gradient applied by couplings and at least one sampling placed, and in which no additional the blower or compressor approaches port. The collection devices must be solid wastes will be placed without first zero). If field testing has not been constructed of PVC, HDPE, fiberglass, filing a notification of modification as performed, the default values for k, Lo, stainless steel, or other nonporous prescribed under 40 CFR 60.7(a)(4) of material of suitable thickness. and CNMOC provided in § 62.16718 or this chapter. Once a notification of the alternative values from § 62.16718 (c) Each owner or operator seeking to modification has been filed, and must be used. The mass of comply with § 62.16714(c) must convey additional solid waste is placed in the nondegradable solid waste contained the landfill gas to a control system in landfill, the landfill is no longer closed. compliance with § 62.16714(c) through within the given section may be Closed area means a separately lined the collection header pipe(s). The gas subtracted from the total mass of the area of an MSW landfill in which solid mover equipment must be sized to section when estimating emissions waste is no longer being placed. If handle the maximum gas generation provided the nature, location, age, and additional solid waste is placed in that flow rate expected over the intended use amount of the nondegradable material is area of the landfill, that landfill area is period of the gas moving equipment documented as provided in paragraph no longer closed. The area must be using the following procedures: (a)(3)(i) of this section. (1) For existing collection systems, the separately lined to ensure that the (b) Each owner or operator seeking to flow data must be used to project the landfill gas does not migrate between comply with § 62.16714(b) must maximum flow rate. If no flow data open and closed areas. construct the gas collection devices exist, the procedures in paragraph (c)(2) Closed landfill subcategory means a using the following equipment or of this section must be used. closed landfill that has submitted a procedures: (2) For new collection systems, the closure report as specified in (1) The landfill gas extraction maximum flow rate must be in § 62.16724(f) on or before September 27, components must be constructed of accordance with § 62.16720(a)(1). 2017. polyvinyl chloride (PVC), high density Closure means that point in time polyethylene (HDPE) pipe, fiberglass, § 62.16730 Definitions. when a landfill becomes a closed stainless steel, or other nonporous Terms used but not defined in this landfill. corrosion resistant material of suitable subpart have the meaning given them in Commercial solid waste means all dimensions to: Convey projected the Clean Air Act and in subparts A and types of solid waste generated by stores, amounts of gases; withstand B of 40 CFR part 60 of this chapter. offices, restaurants, warehouses, and installation, static, and settlement Achieve final compliance means to other nonmanufacturing activities, forces; and withstand planned connect and operate the collection and excluding residential and industrial overburden or traffic loads. The control system as specified in the final wastes. collection system must extend as control plan. Within 180 days after the Complete on-site construction means necessary to comply with emission and date the landfill is required to achieve that all necessary collection system migration standards. Collection devices final compliance, the initial components and air pollution control such as wells and horizontal collectors performance test must be conducted. devices identified in the final control

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plan are on site, in place, and ready for plan that describes the collection and limited to, single and multiple operation. control system that will capture the gas residences, hotels and motels, Controlled landfill means any landfill generated within an MSW landfill. The bunkhouses, ranger stations, crew at which collection and control systems collection and control system design quarters, campgrounds, picnic grounds, are required under this subpart as a plan must be prepared by a professional and day-use recreation areas). result of the NMOC emission rate. The engineer and must describe a collection Household waste does not include fully landfill is considered controlled at the and control system that meets the segregated yard waste. Segregated yard time a collection and control system requirements of § 62.1614(b) and (c). waste means vegetative matter resulting design plan is prepared in compliance The final control plan must contain exclusively from the cutting of grass, the with § 62.16714(e)(2). Controlled engineering specifications and drawings pruning and/or removal of bushes, landfills also includes those landfills of the collection and control system. shrubs, and trees, the weeding of that meet the definition of legacy The final control plan must include any gardens, and other landscaping controlled landfills, as defined in this alternatives to the operational maintenance activities. Household subpart. standards, test methods, procedures, waste does not include construction, Corrective action analysis means a compliance measures, monitoring, renovation, or demolition wastes, even description of all reasonable interim and recordkeeping, or reporting provisions if originating from a household. long-term measures, if any, that are of §§ 62.16716 through 62.16726 Industrial solid waste means solid available, and an explanation of why the proposed by the owner or operator. The waste generated by manufacturing or selected corrective action(s) is/are the final control plan must either conform industrial processes that is not a best alternative(s), including, but not with the specifications for active hazardous waste regulated under limited to, considerations of cost collection systems in § 62.16728 or Subtitle C of the RCRA, parts 264 and effectiveness, technical feasibility, include a demonstration that shows that 265 of this chapter. Such waste may safety, and secondary impacts. based on the size of the landfill and the include, but is not limited to, waste Design capacity means the maximum amount of waste expected to be resulting from the following amount of solid waste a landfill can accepted, the system is sized properly to manufacturing processes: Electric power accept, as indicated in terms of volume collect the gas, control emissions of generation; fertilizer/agricultural or mass in the most recent permit issued NMOC to the required level and meet chemicals; food and related products/ by the state, local, or tribal agency the operational standards for a landfill. by-products; inorganic chemicals; iron responsible for regulating the landfill, Gas mover equipment means the and steel manufacturing; leather and plus any in-place waste not accounted equipment (i.e., fan, blower, leather products; nonferrous metals for in the most recent permit. If the compressor) used to transport landfill manufacturing/foundries; organic owner or operator chooses to convert gas through the header system. chemicals; plastics and resins the design capacity from volume to Gust means the highest instantaneous manufacturing; pulp and paper mass or from mass to volume to wind speed that occurs over a 3-second industry; rubber and miscellaneous demonstrate its design capacity is less running average. plastic products; stone, glass, clay, and than 2.5 million megagrams or 2.5 Indian Country means all land within concrete products; textile million cubic meters, the calculation the limits of any Indian reservation manufacturing; transportation must include a site-specific density, under the jurisdiction of the United equipment; and water treatment. This which must be recalculated annually. States government, notwithstanding the term does not include mining waste or Disposal facility means all contiguous issuance of any patent, and including oil and gas waste. land and structures, other rights-of-way running through the Interior well means any well or appurtenances, and improvements on reservation; all dependent Indian similar collection component located the land used for the disposal of solid communities within the borders of the inside the perimeter of the landfill waste. United States whether within the waste. A perimeter well located outside Emission rate cutoff means the original or subsequently acquired the landfilled waste is not an interior threshold annual emission rate to which territory thereof, and whether within or well. a landfill compares its estimated without the limits of a state; and all Landfill means an area of land or an emission rate to determine if control Indian allotments, the Indian titles to excavation in which wastes are placed under the regulation is required. which have not been extinguished, for permanent disposal, and that is not Enclosed combustor means an including rights-of-way running through a land application unit, surface enclosed firebox which maintains a the same. impoundment, injection well, or waste relatively constant limited peak Initiate on-site construction means to pile as those terms are defined under temperature generally using a limited begin any of the following: Installation § 257.2 of this title. supply of combustion air. An enclosed of the collection and control system to Lateral expansion means a horizontal flare is considered an enclosed be used to comply with the emission expansion of the waste boundaries of an combustor. limits as outlined in the final control existing MSW landfill. A lateral EPA approved state plan means a plan; physical preparation necessary for expansion is not a modification unless state plan that EPA has approved based the installation of the collection and it results in an increase in the design on the requirements in 40 CFR part 60, control system to be used to comply capacity of the landfill. subpart B or Ba to implement and with the final emission limits as Leachate recirculation means the enforce 40 CFR part 60, subpart Cf. An outlined in the final control plan; or, practice of taking the leachate collected approved state plan becomes effective alteration of an existing collection and from the landfill and reapplying it to the on the date specified in the document control system to be used to comply landfill by any of one of a variety of published in the Federal Register with the final emission limits as methods, including pre-wetting of the announcing EPA’s approval. outlined in the final control plan. waste, direct discharge into the working Flare means an open combustor Household waste means any solid face, spraying, infiltration ponds, without enclosure or shroud. waste (including garbage, trash, and vertical injection wells, horizontal Final control plan (Collection and sanitary waste in septic tanks) derived gravity distribution systems, and control system design plan) means a from households (including, but not pressure distribution systems.

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Legacy controlled landfill means any publicly or privately owned. An MSW Sludge means the term sludge as MSW landfill subject to this subpart that landfill may be a new MSW landfill, an defined in 40 CFR 258.2. submitted a collection and control existing MSW landfill, or a lateral Solid waste means the term solid system design plan prior to May 21, expansion. waste as defined in 40 CFR 258.2. 2021 in compliance with Municipal solid waste landfill State means any of the 50 United § 60.752(b)(2)(i) of this chapter, the emissions or MSW landfill emissions States and the protectorates of the Federal plan at subpart GGG of this part, means gas generated by the United States. or a state/tribal plan implementing 40 decomposition of organic waste State plan means a plan submitted CFR part 60, subpart Cc of this chapter, deposited in an MSW landfill or derived pursuant to section 111(d) of the Clean depending on which regulation was from the evolution of organic Air Act and subpart B of part 60 of this applicable to the landfill. This compounds in the waste. chapter that implements and enforces definition applies to those landfills that NMOC means nonmethane organic subpart Cf of 40 CFR part 60 of this completed construction and began compounds, as measured according to chapter. operations of the GCCS and those that the provisions of § 62.16718. Sufficient density means any number, Negative declaration letter means a are within the 30-month timeline for spacing, and combination of collection letter to EPA declaring that there are no installation and start-up of a GCCS system components, including vertical existing MSW landfills in the state or according to § 60.752(b)(2)(ii) of this wells, horizontal collectors, and surface that there are no existing MSW landfills chapter, the Federal plan at subpart collectors necessary to maintain in the state that must install collection GGG of this part, or a state/tribal plan emission and migration control as and control systems according to the implementing 40 CFR part 60, subpart determined by measures of performance requirements of 40 CFR part 60, subpart Cc. set forth in this part. Cf. Modification means an increase in the Nondegradable waste means any Sufficient extraction rate means a rate permitted volume design capacity of the waste that does not decompose through sufficient to maintain a negative landfill by either lateral or vertical chemical breakdown or microbiological pressure at all wellheads in the expansion based on its permitted design activity. Examples are, but are not collection system without causing air capacity as of July 17, 2014. limited to, concrete, municipal waste infiltration, including any wellheads Modification does not occur until the combustor ash, and metals. connected to the system as a result of owner or operator commences Passive collection system means a gas expansion or excess surface emissions, construction on the lateral or vertical collection system that solely uses for the life of the blower. expansion. positive pressure within the landfill to Treated landfill gas means landfill gas Municipal solid waste landfill or move the gas rather than using gas processed in a treatment system as MSW landfill means an entire disposal mover equipment. defined in this subpart. facility in a contiguous geographical Protectorate means American Samoa, Treatment system means a system that space where household waste is placed the Commonwealth of Puerto Rico, the filters, de-waters, and compresses in or on land. An MSW landfill may District of Columbia, Guam, the landfill gas for sale or beneficial use. also receive other types of RCRA, Northern Mariana Islands, and the Tribal plan means a plan submitted Subtitle D wastes (§ 257.2 of this title) Virgin Islands. by a Tribal Authority pursuant to 40 such as commercial solid waste, Root cause analysis means an CFR parts 9, 35, 49, 50, and 81 that nonhazardous sludge, conditionally assessment conducted through a process implements and enforces 40 CFR part exempt small quantity generator waste, of investigation to determine the 60, subpart Cf. and industrial solid waste. Portions of primary cause, and any other Untreated landfill gas means any an MSW landfill may be separated by contributing causes, of positive pressure landfill gas that is not treated landfill access roads. An MSW landfill may be at a wellhead. gas.

TABLE 1 TO SUBPART OOO OF PART 62—GENERIC COMPLIANCE SCHEDULE AND INCREMENTS OF PROGRESS

Increment Date if using tiers 1, 2, or 3 Date if using tier 4 Date if a legacy controlled landfill

Increment 1—Sub- 1 year after initial NMOC emission rate 1 year after the first measured con- 1 year after the first NMOC emission mit cover page of report or the first annual emission centration of methane of 500 parts rate report or the first annual emis- final control plan. rate report showing NMOC emis- per million or greater from the sur- sion rate report showing NMOC sions ≥34 megagrams per year.1. face of the landfill. emissions ≥50 megagrams per year submitted under a previous regula- tion.2 Increment 2—Award 20 months after initial NMOC emission 20 months after the most recent 20 months after the most recent Contracts. rate report or the first annual emis- NMOC emission rate report showing NMOC emission rate report showing sion rate report showing NMOC NMOC emissions ≥34 megagrams NMOC emissions ≥50 megagrams emissions ≥34 megagrams per per year. per year submitted under a previous year.1. regulation.2 Increment 3—Begin 24 months after initial NMOC emission 24 months after the most recent 24 months after the most recent on-site construc- rate report or the first annual emis- NMOC emission rate report showing NMOC emission rate report showing tion. sion rate report showing NMOC NMOC emissions ≥34 megagrams NMOC emissions ≥50 megagrams emissions ≥34 megagrams per per year. per year submitted under a previous year.1. regulation.2 Increment 4—Com- 30 months after initial NMOC emission 30 months after the most recent 30 months after the first NMOC emis- plete on-site con- rate report or the first annual emis- NMOC emission rate report showing sion rate report or the first annual struction. sion rate report showing NMOC NMOC emissions ≥34 megagrams emission rate report showing NMOC emissions ≥34 megagrams per per year. emissions ≥50 megagrams sub- year.1. mitted under a previous regulation.

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TABLE 1 TO SUBPART OOO OF PART 62—GENERIC COMPLIANCE SCHEDULE AND INCREMENTS OF PROGRESS— Continued

Increment Date if using tiers 1, 2, or 3 Date if using tier 4 Date if a legacy controlled landfill

Increment 5—Final 30 months after initial NMOC emission 30 months after the most recent 30 months after the first NMOC emis- compliance. rate report or the first annual emis- NMOC emission rate report showing sion rate report or the first annual sion rate report showing NMOC NMOC emissions ≥34 megagrams emission rate report showing NMOC emissions ≥34 megagrams per per year. emissions ≥50 megagrams sub- year.1. mitted under a previous regulation.2 1 50 megagrams per year NMOC for the closed landfill subcategory. 2 Previous regulation refers to 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan implementing 40 CFR part 60, subpart Cc. Increments of progress that have already been completed under previous regulations do not have to be completed again under this subpart.

[FR Doc. 2021–10109 Filed 5–20–21; 8:45 am] BILLING CODE 6560–50–P

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