[Federal Register Volume 61, Number 49 (Tuesday, March 12, 1996)]
[Rules and Regulations]
[Pages 9905-9944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5529]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, and 60

[AD-FRL-5437-8]
RIN 2060-AC42


Standards of Performance for New Stationary Sources and 
Guidelines for Control of Existing Sources: Municipal Solid Waste 
Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and guideline.

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SUMMARY: This action adds subparts WWW and Cc to 40 CFR part 60 by 
promulgating standards of performance for new municipal solid waste 
landfills and emission guidelines for existing municipal solid waste 
landfills. This action also adds the source category ``municipal solid 
waste landfills'' to the priority list in 40 CFR Part 60, Sec. 60.16, 
for regulation under section 111 of the Clean Air Act. These standards 
and emission guidelines implement section 111 of the Clean Air Act and 
are based on the Administrator's determination that municipal solid 
waste landfills cause, or contribute significantly to, air pollution 
that may reasonably be anticipated to endanger public health or 
welfare. The emissions of concern are non-methane organic compounds 
(NMOC) and methane. NMOC include volatile organic compounds (VOC), 
hazardous air pollutants (HAPs), and odorous compounds. VOC emissions 
contribute to ozone formation which can result in adverse effects to 
human health and vegetation. Ozone can penetrate into different regions 
of the respiratory tract and be absorbed through the respiratory 
system. The health effects of exposure to HAPs can include cancer, 
respiratory irritation, and damage to the nervous system. Methane 
emissions contribute to global climate change and can result in fires 
or explosions when they accumulate in structures on or off the landfill 
site. The intended effect of the standards and guidelines is to require 
certain municipal solid waste landfills to control emissions to the 
level achievable by the best demonstrated system of continuous emission 
reduction, considering costs, nonair quality health, and environmental 
and energy impacts.

EFFECTIVE DATE: Effective on March 12, 1996.

ADDRESSES: Background Information Document. The background information 
document for the promulgated standards may be obtained from the U.S. 
EPA Library (MD-35), Research Triangle Park, North Carolina 27711, 
telephone number (919) 541-2777. Please refer to ``Air Emissions from 
Municipal Solid Waste Landfills--Background Information for Final 
Standards and Emission Guidelines,'' EPA-453/R-94-021. The Background 
Information Document contains: (1) A summary of all the public comments 
made on the proposed standards and the Notice of Data Availability as 
well as the Administrator's response to these comments, (2) a summary 
of the changes made to the standards since proposal, and (3) the final 
Environmental Impact Statement, which summarizes the impacts of the 
standards.
    Docket. Docket No. A-88-09, containing supporting information used 
in developing the promulgated standards, is available for public 
inspection and copying between 8:00 a.m. and 4:00 p.m., Monday through 
Friday, except for Federal holidays at the following address: U.S. 
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (MC-6102), 401 M Street SW., Washington, DC 20460 
[phone: (202) 260-7548]. The docket is located at the above address in 
Room M-1500, Waterside Mall (ground floor). A reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: For information on the regulation of 
municipal solid waste landfills, contact Ms. Martha Smith, Waste and 
Chemical Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-2421.

SUPPLEMENTARY INFORMATION:

Judicial Review

    Under section 307(b)(1) of the Clean Air Act, judicial review of 
the actions taken by this notice is available only by the filing of a 
petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit within 60 days of today's publication of this rule. 
Under section 307(b)(2) of the Clean Air Act, the requirements that are 
the subject of today's notice may not be challenged

[[Page 9906]]
later in civil or criminal proceedings brought by the EPA to enforce 
these requirements.
    The following outline is provided to aid in locating information in 
the introductory text (preamble) to the final standards.

I. Acronyms, Abbreviations, and Measurement Units
    A. Acronyms
    B. Abbreviations and Measurement Units
    C. Conversion Factors and Commonly Used Units
II. Background
III. Summary of Considerations in Developing the Standards and 
Emission Guidelines
    A. Purpose of the Regulation
    B. Technical Basis of the Regulation
    C. Stakeholders and Public Involvement
IV. Summary of the Standards, Emission Guidelines, and Methods
V. Impacts of the Standards and Emission Guidelines
    A. Environmental Impacts
    B. Cost and Economic Impacts
VI. Significant Changes to the Proposed Standards and Emission 
Guidelines
    A. Design Capacity Exemption
    B. Emission Rate Cutoff
    C. Collection System Design Specifications
    D. Timing for Well Placement
    E. Operational Standards
    F. Surface Emission Monitoring
    G. Model Default Values
VII. Permitting
    A. New Source Review Permits
    B. Operating Permits
VIII. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Executive Order 12875
    E. Unfunded Mandate Reform Act
    F. Regulatory Flexibility Act
    G. Miscellaneous

I. Acronyms, Abbreviations, and Measurement Units

    The following definitions, acronyms, and measurement units are 
provided to clarify the preamble to the final rule.

A. Acronyms

BDT--best demonstrated technology
BID--background information document
CAA--Clean Air Act
CERCLA--Comprehensive Environmental Response, Compensation, and 
Liability Act
EG--emission guideline(s)
EPA--Environmental Protection Agency
FR--Federal Register
HAP--hazardous air pollutant
LFG--landfill gas
MSW--municipal solid waste
NMOC--nonmethane organic compounds
NPV--net present value
NSPS--new source performance standards
NSR--new source review
OMB--Office of Management and Budget
PSD--prevention of significant deterioration
RCRA--Resource Conservation and Recovery Act
VOC--volatile organic compound(s)

B. Abbreviations and Measurement Units

J/scm--joules per standard cubic meter
m--meter
Mg--megagram
mm--millimeter
ppm--parts per million
ppmv--parts per million by volume
tpy--tons per year
yr--year

C. Conversion Factors and Commonly Used Units

1 meter = 3.2808 feet
1 megagram = 1.1023 tons = 2204.6 pounds
1 cubic meter = 35.288 cubic feet = 1.3069 cubic yards
1 cubic meter = 0.0008101 acre-feet
Degrees Celsius = (degrees Fahrenheit - 32)/1.8

II. Background

    The United States Environmental Protection Agency (EPA) originally 
considered regulating MSW landfill emissions under a RCRA subtitle D 
rulemaking. However, the Administrator decided to regulate MSW landfill 
emissions under the authority of the CAA, and announced the decision in 
the Federal Register on August 30, 1988 (53 FR 33314). The EPA decided 
to propose regulation of new MSW landfills under section 111(b) of the 
CAA and to propose EG for existing MSW landfills under section 111(d).
    The EPA published a proposal of this NSPS and EG in the Federal 
Register on May 30, 1991 (56 FR 24468).
    Following the receipt of new data and changes in the modeling 
techniques, the EPA published a Notice of Data Availability in the 
Federal Register on June 21, 1993 (56 FR 33790).
    Under the authority of section 111(b)(1)(A) of the CAA, today's 
notice adds the source category MSW landfills to the priority list in 
40 CFR 60.16 because, in the judgement of the Administrator, it 
contributes significantly to air pollution which may reasonably be 
anticipated to endanger public health and welfare. Further rationale 
for this finding is contained in section 1.1.1 of the promulgation BID 
(EPA-453/R-94-021).
    Today's notice promulgates the final NSPS and EG for MSW landfills. 
The promulgation BID ``Air Emissions from Municipal Solid Waste 
Landfills--Background Information for Final Standards and Guidelines'' 
(EPA 453/R-94-021) summarizes all public comments on the proposed NSPS 
and EG and the EPA responses. For further discussion of stakeholder and 
public involvement in the development of the rules see section III.C. 
of this preamble.
    Recent information suggests that mercury might be emitted from 
landfills. The EPA is still looking at the possibility and will take 
action as appropriate in the future under the landfill national 
emission standards for hazardous air pollutants.

III. Summary of Considerations in Developing the Standards and Emission 
Guidelines
A. Purpose of the Regulation
    Landfill gas emissions contain methane, carbon dioxide, and more 
than 100 different NMOC, such as vinyl chloride, toluene, and benzene. 
Studies indicate that MSW landfill gas emissions can at certain levels 
have adverse effects on both public health and welfare. The EPA 
presented concerns with the health and welfare effects of landfill 
gases in the preamble to the proposed regulations (56 FR 24468).
    Briefly, specific health and welfare effects from LFG emissions are 
as follows: NMOC contribute to ozone formation; some NMOC are known or 
suspected carcinogens, or cause other noncancer health effects; NMOC 
can cause an odor nuisance; methane emissions present a well-documented 
danger of fire and explosion on-site and off-site, and contribute to 
global climate change as a major greenhouse gas. Today's rules will 
serve to significantly reduce these potential problems associated with 
LFG emissions.
B. Technical Basis of the Regulation
    Today's regulations are based on extensive data analysis and 
consideration of several alternatives. Prior to proposal, the EPA 
developed an extensive data base, using survey information from 
approximately 1,200 landfills, along with emissions information from 
literature, State and local agencies, and industry test reports. The 
preamble to the proposed regulations presented a detailed discussion of 
the data used to develop the rule and the regulatory alternatives 
considered (56 FR 24476).
    After proposal, the EPA continued to gather new information and 
received new data through public comments. The EPA published this new 
information in a Notice of Data Availability on June 21, 1993 (56 FR 
33790). In addition to

[[Page 9907]]
public comments, the EPA held consultations with industry under the 
authority of Executive Order 12875 (See section VIII of this document 
for a detailed discussion of the Executive Order).
    Based on the new information, the EPA re-assessed the impacts of 
the alternatives and made changes to the final regulation. The most 
significant changes to the regulation are summarized in section VI of 
this preamble. Detailed rationales for these changes as well as more 
minor changes are provided in the final BID (EPA 453/R-94-021).
    In keeping with the EPA's common sense initiative, several of the 
changes were made to streamline the rule and to provide flexibility. 
Examples of this streamlining and increased flexibility include 
focusing control on the largest landfills, removing the gas collection 
system prescriptive design specifications, and more reasonable timing 
for the installation of collection wells. All of these changes are 
discussed further in section VI of this preamble.

C. Stakeholders and Public Involvement

    Prior to proposal, in accordance with section 117 of the CAA, the 
EPA had consultations with appropriate advisory committees, independent 
experts, Federal departments and agencies. In addition, numerous 
discussions were held with industry representatives and trade 
associations.
    After proposal, the EPA provided interested persons the opportunity 
to comment at a public hearing and through a written comment period. 
Comment letters were received from 60 commenters including industry 
representatives, governmental entities, environmental groups, and 
private citizens. A public hearing was held in Research Triangle Park, 
North Carolina, on July 2, 1991. This hearing was open to the public 
and five persons presented oral testimony on the proposed NSPS and EG.
    On June 21, 1993, a supplemental notice of data availability to the 
May 30, 1991 proposal appeared in the Federal Register (58 FR 33790). 
The notice announced the availability of additional data and 
information on changes in the EPA's modelling methodology being used in 
the development of the final NSPS and EG for MSW landfills. Public 
comments were requested on the new data and comment letters were 
received from seven commenters.
    Since the Notice of Data Availability, the EPA has held several 
consultations with State, local, and industry representatives in 
accordance with the October 26, 1993 Executive Order 12875 on Enhancing 
the Intergovernmental Partnership.
    Major concerns expressed by participants in the consultations were 
identified by the EPA. These concerns included: the design capacity 
exemption level, collection system design and monitoring flexibility, 
and timing of well placement. These concerns and others raised at 
proposal and clarified in the consultations were addressed by revising 
the rule as described in section VI of this preamble.

IV. Summary of the Standards, Emission Guidelines, and Methods

    The affected facility under the NSPS is each new MSW landfill. MSW 
landfills are also subject to the requirements of RCRA (40 CFR 257 and 
258). A new MSW landfill is a landfill for which construction, 
modification, or reconstruction commences on or after the proposal date 
of May 30, 1991 or that began accepting waste on or after that date.
    The EG require control for certain existing MSW landfills. An 
existing MSW landfill is a landfill for which construction commenced 
prior to May 30, 1991. An existing MSW landfill may be active, i.e., 
currently accepting waste, or have additional capacity available to 
accept waste, or may be closed, i.e., no longer accepting waste nor 
having available capacity for future waste deposition. The designated 
facility under the EG is each existing MSW landfill that has accepted 
waste since November 8, 1987.
    The final rules (both the NSPS and EG) require affected and 
designated MSW landfills having design capacities below 2.5 million Mg 
or 2.5 million cubic meters to file a design capacity report. Affected 
and designated MSW landfills having design capacities greater than or 
equal to 2.5 million Mg or 2.5 million cubic meters are subject to the 
additional provisions of the standards or EG.
    The final standards and EG for MSW landfill emissions require the 
periodic calculation of the annual NMOC emission rate at each affected 
or designated facility with a maximum design capacity greater than or 
equal to 2.5 million Mg or 2.5 million cubic meters. Those that emit 
more than 50 Mg/yr are required to install controls.
    The final rules provide a tier system for calculating whether the 
NMOC emission rate is less than or greater than 50 Mg/yr, using a first 
order decomposition rate equation. The tier system does not need to be 
used to model the emission rate if an owner or operator has or intends 
to install controls that would achieve compliance. Chapter 1 of the 
promulgation BID (EPA 453/R-94-021) presents a complete discussion of 
the components of the tier system.
    The BDT for both the NSPS and the EG requires the reduction of MSW 
landfill emissions from new and existing MSW landfills emitting 50 Mg/
yr of NMOC or more with: (1) A well-designed and well-operated gas 
collection system and (2) a control device capable of reducing NMOC in 
the collected gas by 98 weight-percent.
    A well-designed and well-operated collection system would, at a 
minimum: (1) Be capable of handling the maximum expected gas generation 
rate; (2) have a design capable of monitoring and adjusting the 
operation of the system; and (3) be able to collect gas effectively 
from all areas of the landfill that warrant control. Over time, new 
areas of the landfill will require control, so collection systems 
should be designed to allow expansion by the addition of further 
collection system components to collect gas, or separate collections 
systems will need to be installed as the new areas require control.
    The BDT control device is a combustion device capable of reducing 
NMOC emissions by 98 weight-percent. While energy recovery is strongly 
recommended, the cost analysis is based on open flares because they are 
applicable to all affected and designated facilities regulated by the 
standards and EG. If an owner or operator uses an enclosed combustor, 
the device must demonstrate either 98-percent NMOC reduction or an 
outlet NMOC concentration of 20 ppmv or less. Alternatively, the 
collected gas may be treated for subsequent sale or use, provided that 
all emissions from any atmospheric vent from the treatment system are 
routed to a control device meeting either specification above.
    The standards and EG require that three conditions be met prior to 
capping or removal of the collection and control system: (1) The 
landfill must be permanently closed under the requirements of 40 CFR 
258.60; (2) the collection and control system must have been in 
continuous operation a minimum of 15 years; and (3) the annual NMOC 
emission rate routed to the control device must be less than the 
emission rate cutoff on three successive dates, between 90 and 180 days 
apart, based upon the site-specific landfill gas flow rate and average 
NMOC concentration.
    Section VI.E. of this preamble describes a new section of the NSPS, 
Sec. 60.753, ``Operational Standards for Collection and Control 
Systems.'' The EG also refer to this section. The

[[Page 9908]]
provisions in this section include: (1) Collection of gas from each 
area, cell or group of cells in which non-asbestos degradable solid 
waste has been placed for a period of 5 years or more for active areas 
or 2 years or more for closed areas; (2) operation of the collection 
system with each wellhead under negative pressure, with a nitrogen 
level less than or equal to 20 percent (revised from 1 percent in the 
proposal, based on public comments) or an oxygen level less than or 
equal to 5 percent (a new provision); (3) operation with a landfill gas 
temperature less than 55  deg.C (a new provision) at each well 
transporting the collected gases to a treatment or control device 
designed and operated in compliance with Sec. 60.752(b)(2)(iii) of the 
NSPS and operated at all times when the collected gas is vented to it; 
and (4) a requirement that the collection system be operated to limit 
the surface methane concentration to 500 ppm or less over the landfill 
as determined according to a specified monitoring pattern.
    Owners and operators must determine compliance with the standards 
for the collection systems and control devices according to 
Sec. 60.755. Changes made to the final compliance determination and 
monitoring procedures as a result of comments are discussed in detail 
in the BID (EPA 453/R-94-021). The Secs. 60.757 and 60.758 of the NSPS 
and Sec. 60.35(c) of the EG contain recordkeeping and reporting 
requirements. Changes have been made to the recordkeeping and reporting 
requirements to allow for consistency with the final compliance 
requirements.

V. Impacts of the Standards and Emission Guidelines

A. Environmental Impacts of Promulgated Action

    The estimated environmental impacts have changed somewhat from 
those presented in the preamble to the proposed regulations as a result 
of changes in the final rules and changes in the estimation 
methodology. These changes were made in response to public comments. 
Additional data were also incorporated and are described in the 
supplemental Notice of Data Availability (56 FR 33790). The analysis of 
environmental impacts presented in this document, along with the 
proposal and promulgation BID's, and memoranda in the docket constitute 
the Environmental Impact Statement for the final standards and 
guidelines.
    For most NSPS, emission reductions and costs are expressed in 
annual terms. In the case of the NSPS and EG for landfills, the final 
regulations require controls at a given landfill only after the 
increasing NMOC emission rate reaches the level of the regulatory 
cutoff. The controls are applied when the emissions exceed the 
threshold, and they must remain in place until the emissions drop below 
the cutoff. However, this process could take as long as 50 to 100 
hundred years for some landfills. During the control period, costs and 
emission reductions will vary from year to year. Therefore, the 
annualized numbers for any impact will change from year to year. 
Because of the variability of emission reductions and costs of the 
final standards and EG over time, the EPA judged that the NPV of an 
impact is a more valuable tool in the decision process for landfills 
and has used NPV in the development of both the proposal and final 
nationwide impacts. The NPV is computed by discounting the capital and 
operating costs and emission reductions that will be incurred 
throughout the control periods to arrive at a measure of their current 
value. In this way, the NPV accounts for the unique emission patterns 
of landfills when evaluating nationwide costs and benefits over 
different discrete time periods for individual sources. Thus, the 
impacts presented include both annualized estimates and estimates 
expressed in terms of NPV in 1992.
1. Air Emissions
    The methodology for estimating the impacts of the NSPS and EG is 
discussed in the proposal BID and in memoranda in the docket. The 
analysis of impacts for the NSPS is based on new landfills (beginning 
construction after May 30, 1991) that are projected to begin accepting 
waste over the first 5 years of the standards. The NPV of the emission 
reduction achieved by the final standards is estimated to be 79,300 Mg, 
which reflects a 50 percent reduction from the NPV of the baseline 
emissions of 160,000 Mg. Substantial reduction of methane emissions is 
also achieved. Table 1 presents the emission reductions of the final 
NSPS in annualized values as well as NPV.

  Table 1.--Summary of Emission Reduction and Cost Impacts for the NSPS 
------------------------------------------------------------------------
                                                NPV         Annualized  
------------------------------------------------------------------------
Baseline NMOC Emissions a (Mg)..........         160,000          13,400
NMOC Emission Reductions (Mg)...........          79,300           4,860
% NMOC Emission Reduction...............             50%             36%
Baseline Methane Emissions a (Mg).......      10,600,000         899,000
Methane Emission Reduction b (Mg).......       3,890,000         193,000
% Methane Emission Reduction............             37%             21%
Cost (Million $)........................              97              4 
------------------------------------------------------------------------
a In the absence of an NSPS. This does not include landfills closed     
  prior to November 8, 1987.                                            
b This does not enclude landfills expected to undertake profitable      
  energy recovery.                                                      

    For existing landfills, the NPV of the NMOC emission reduction 
achieved by the final EG is estimated to be 1.1 million Mg, or a 53 
percent reduction from a baseline of 2.07 million Mg (NPV). The NPV of 
the methane reduction is estimated to be 47 million Mg. Table 2 
presents the emission reductions of the final EG in annualized values 
as well as NPV. Note that the baseline methane emissions do not include 
landfills closed prior to November 8, 1987, and that methane reductions 
shown in Tables 1 and 2 do not include landfills expected to undertake 
profitable energy recovery. Total methane reductions are anticipated to 
be on the order of 7 million megagrams in the year 2000.

[[Page 9909]]


    Table 2.--Summary of Emission Reduction and Cost Impacts for the    
                           Emission Guidelines                          
------------------------------------------------------------------------
                                                NPV         Annualized  
------------------------------------------------------------------------
Baseline NMOC Emissions a (Mg)..........       2,070,000         145,000
NMOC Emission Reductions (Mg)...........       1,100,000          77,600
% NMOC Emission Reduction...............             53%             54%
Baseline Methane Emissions b (Mg).......     120,000,000       8,440,000
Methane Emission Reduction (Mg).........      47,000,000       3,370,000
% Methane Emission Reduction............             39%             40%
Cost (Million $)........................           1,278             90 
------------------------------------------------------------------------
a In the absence of EG. This does not include landfills closed prior to 
  November 8, 1987.                                                     
bThis does not enclude landfills expected to undertake profitable energy
  recovery.                                                             

    As existing landfills are filled, closed, and replaced by new 
landfills, the actual annual emissions reductions achieved by the 
guidelines will decrease, while the reductions achieved by the 
standards will increase.
    Certain by-product emissions, such as NOX, CO, SOX, and 
particulates, may be generated by the combustion devices used to reduce 
air emissions from MSW landfills. The types and quantities of these by-
product emissions vary depending on the control device. However, by-
product emissions are very low compared to the achievable NMOC and 
methane emission reductions. Chapters 4 and 6 of the proposal BID (EPA-
450/3-90-011a) present additional information about the magnitude of 
potential secondary air impacts.
2. Water
    Landfill leachate is the primary potential source of water 
pollution from a landfill. Although there is no data on the effect of 
gas collection on leachate composition, the amount of water pollution 
present as NMOC in the leachate may be reduced under these standards 
and guidelines.
    When LFG is collected, organics and water are condensed inside the 
header pipes of the gas collection system. This waste also contains 
NMOC and various toxic substances present in the LFG. The pH of this 
condensate is normally adjusted by adding caustic at the landfill and 
then routing it to a public treatment works where it would be treated 
and discharged. At this time, there is insufficient data available to 
quantify the effects of the rule on leachate.
3. Solid Waste
    The final NSPS and EG will likely have little impact on the 
quantity of solid waste generated nationwide. Aside from the disposal 
of the collection and control system equipment once it can be removed 
from the landfill, no other solid wastes are expected to be generated 
by the required controls. The increased cost of landfill operation 
resulting from the control requirements may cause greater use of waste 
recycling and other alternatives to landfill disposal, leading to a 
decrease in landfill use. However, quantification of such an impact is 
not possible at this time.
4. Superfund Sites
    Municipal solid waste landfill sites comprise approximately 20 
percent of the sites placed by the EPA on the national priorities list. 
Often, remedial actions selected at these sites include venting methane 
and volatile organic contaminants, which would be controlled as 
necessary to protect human health and the environment.
    The final NSPS and EG may affect remedial actions under Superfund 
for MSW landfills. Section 121(d)(2) of CERCLA requires compliance with 
the substantive standards of applicable or relevant and appropriate 
requirements (ARAR) of certain provisions in other environmental laws 
when selecting and implementing on-site remedial actions. 
``Applicable'' requirements specifically address a hazardous substance, 
pollutant, contaminant, remedial action, location, or other 
circumstance at a Superfund site. ``Relevant and appropriate'' 
requirements are not legally applicable, but may address problems or 
situations sufficiently similar to those encountered so that their use 
is well suited to a particular site. See 40 CFR 300.5 (55 FR 8814, 
8817, March 8, 1990).
    These air emission rules will apply to new MSW landfills, as well 
as to those facilities that have accepted waste since November 8, 1987, 
or that have capacity available for future use. For CERCLA municipal 
landfill remediations, these requirements would be potential ARAR for 
all Records of Decision signed after the date of promulgation. These 
NSPS and EG will be applicable for those MSW landfill sites on the 
national priorities list that accepted waste on or after November 8, 
1987, or that are operating and have capacity for future use. These 
standards may also be determined relevant and appropriate for sites 
that accepted wastes prior to November 8, 1987. The determination of 
relevance and appropriateness is made on a site-specific basis pursuant 
to 40 CFR 300.400(g) (55 FR 8841, March 8, 1990). Because the NSPS and 
EG apply only to landfills with design capacities greater than or equal 
to 2.5 million Mg or 2.5 million cubic meters, the collection and 
control requirements may not be relevant and appropriate for smaller 
landfills.
    Given the significant public policy benefits that result from the 
collection and processing of landfill gas, Congress, as part of the 
1986 SARA Amendments, enacted CERCLA Section 124 to provide broad 
liability protection for companies engaged in landfill gas recovery or 
processing. Landfill gas emissions, in addition to being a significant 
source of air pollution, can leach underground and cause explosions in 
nearby residences. If recovered, landfill gas could supply as much as 1 
percent of the U.S. energy requirements.
    CERCLA Section 124 states that owners or operators of equipment 
installed ``for the recovery or processing (including recirculation of 
condensate) of methane'' shall not be liable as a CERCLA ``owner or 
operator'' under CERCLA Section 101 (20) nor shall they be deemed ``to 
have arranged for disposal or treatment of any hazardous substance* * 
*'' pursuant to CERCLA Section 107. Exceptions are provided (1) where a 
release is primarily caused by activities of the landfill gas owner/
operator or (2) where such owner/operator would be otherwise liable due 
to activities unrelated to methane recovery.
    Since passage of CERCLA section 124, methane emissions have been 
targeted by the EPA as a large contributor to global warming (18 
percent) and landfills are one of the largest source of methane 
emissions (36 percent). Because of this, the EPA's Atmospheric 
Pollution Prevention Division has initiated the Landfill Methane 
Outreach Program to promote landfill gas

[[Page 9910]]
collection projects at the 750 landfills where methane could profitably 
be recovered. Methane recovery, as compared with collection and flaring 
of landfill gas without recovery, results in significantly less 
emissions. It also can greatly reduce the financial burden on local 
governments (as well as taxpayers) since the energy recovered can be 
sold to utilities or other consumers and thereby create a revenue 
stream that may cover the costs of collection and recovery.
    The EPA is aware that the standards and guidelines promulgated 
today for control of emissions at municipal solid waste landfills may 
change the focus of the landfill gas collection and processing for 
methane recovery. The landfill gas owner/operator will now need to 
consider how the collection and recovery of methane will impact on 
controlling the MSW landfill emissions. It is also likely that the 
landfill gas owner/operator will be asked to advise and in some cases 
help implement the MSW landfill's compliance obligations. These related 
objectives, the control of emissions at municipal solid waste landfills 
in order to comply with the Clean Air Act Amendments and the reduction 
of methane emissions in order to mitigate global warming, will need to 
be coordinated in carrying out common activities such as laying a 
system of collection piping at a given landfill.
    In promulgating today's standards and guidelines, the EPA wants to 
promote the policy incorporated in CERCLA Section 124. Recognizing the 
chilling effect that potential CERCLA liability might otherwise have on 
landfill gas collection or processing activities, the EPA interprets 
CERCLA Section 124 in a manner that will encourage the beneficial 
recovery of methane. Specifically, EPA believes that Congress intended 
Section 124 to provide liability protection to owners and operators of 
equipment for the recovery or processing of methane with respect to all 
phases involved in landfill gas collection and methane processing. This 
includes any assistance (related to recovery or processing of methane) 
provided by the landfill gas equipment owner or operator to the 
landfill owner/operator for achieving compliance with the emission 
standards promulgated today or similar Federal, State, or local 
controls on landfill emissions. In general, Section 124 will be 
interpreted in a manner to provide owners and operators of equipment 
for the recovery or processing of methane with comprehensive protection 
from CERCLA liability, unless the release or threatened release was 
primarily caused by activities of the owners and operators of the 
equipment, or unless such owners or operators would be otherwise liable 
under CERCLA.

B. Energy and Economic Impacts of Promulgated Action

    The energy and economic impacts are summarized in chapter 1 and 
fully discussed in chapter 3 and appendix A of the promulgation BID 
(EPA-453/R-94-021). The estimated impacts have changed somewhat as a 
result of changes in the final rules and changes in the impacts 
estimation methodology made in response to public comments.
1. Energy Impacts
    Affected and designated landfills with NMOC emission rates of 50 
Mg/yr or more are required to install a gas collection system and 
control device. The gas collection system would require a relatively 
small amount of energy to run the blowers and the pumps. If a flare is 
used for control, auxiliary fuel should not be necessary because of the 
high heat content of LFG, commonly 1.86  x  10 \7\ J/scm or more. If a 
recovery device such as an internal combustion (I.C.) engine or a gas 
turbine is used, an energy savings would result.
    The EPA evaluated the overall energy impacts resulting from the use 
of flares, I.C. engines, or gas turbines for control of collected 
emissions at all affected landfills. The least cost control option was 
identified by taking the NPV costs of the three control options 
(flares, I.C. engines, and turbines), including any cost savings from 
the use of recovered landfill gas, and determining the option that 
costs the least. If landfills use the least cost control device, it is 
estimated that the NSPS will produce $170 million of energy revenue as 
NPV in 1992. The EG are estimated to generated $1.5 billion of energy 
revenue as NPV in 1992, if the least cost control device is used.
2. Control Costs and Economic Impacts
    Nationwide annualized costs for collection and control of air 
emissions from new MSW landfills are estimated to be $4 million. The 
nationwide cost of the EG would be approximately $90 million. These 
values are annualized costs. Tables 1 and 2 present costs in both 
annualized and NPV values. In comparison to other solid waste-related 
rules, the nationwide costs of the recently promulgated RCRA Subtitle D 
(40 CFR 257 and 258) rule are estimated to be $300 million per year and 
the estimated nationwide costs of the MWC rules promulgated in 1991 are 
estimated to be $170 million per year for new combustors and $302 
million per year for existing combustors (56 FR 5488 and 5514).
    The incremental costs and benefits of the different options are 
presented in tables 3, 4, 5, and 6 in section VIII.E. For NMOC, the 
average cost effectiveness is approximately $1,200/Mg for both the NSPS 
and the EG. Preliminary economic analysis indicates that the annual 
cost of waste disposal may increase by an average of approximately 
$0.60 per Mg for the NSPS and $1.30 per Mg for the EG. Costs per 
household would increase approximately $2.50 to $5.00 per year, when 
the household is served by a new or existing landfill, respectively. 
Additionally, less than 10 percent of the households would face annual 
increases of $15 or more per household as a result of the final EG. 
However, the EPA anticipates that many landfills will elect to use 
energy recovery systems, and costs per household for those areas would 
be less. The EPA has concluded that households would not incur severe 
economic impacts. For additional information, please refer to the 
regulatory impact analysis (Docket No. A-88-09, Item No. IV-A-7) and 
chapter 3 of the promulgation BID (EPA-453/R-94-021).

VI. Significant Changes to the Proposed Standards and Emission 
Guidelines

    All of the significant public comments received on the proposed 
standards and EG and the Notice of Data Availability are addressed in 
the promulgation BID (EPA-453/R-94-021). This section of the preamble 
reviews the major changes to the standards and EG resulting from public 
comments. A more detailed rationale for these changes is provided in 
chapters 1 and 2 of the promulgation BID (EPA-453/R-94-021).

A. Design Capacity Exemption

    A design capacity exemption of 100,000 Mg was included in the 
proposed NSPS and EG to relieve owners and operators of small landfills 
that the EPA considered unlikely to emit NMOC above the emission rate 
cutoff requiring control from undue recordkeeping and reporting 
responsibilities. Commenters indicated that the exemption level was too 
low, and would still impact many small businesses and municipalities. 
In response to these comments and as a result of changes to the 
nationwide impacts analysis, the design capacity exemption in the final 
NSPS was revised to 2.5 million Mg. The 2.5 million Mg exemption level 
would exempt 90 percent of the existing landfills while only losing 15 
percent of the total NMOC emission reduction. Most of the exempt 
landfills are owned

[[Page 9911]]
by municipalities. The 2.5 million Mg level was chosen to relieve as 
many small businesses and municipalities as possible from the 
regulatory requirements while still maintaining significant emission 
reduction.
    This cutoff excludes those landfills who would be least able to 
afford the costs of a landfill gas collection and control system and 
are less likely to have successful energy recovery projects. However, 
depending on site-specific factors including landfill gas 
characteristics and local markets, some landfills smaller than the 
design capacity exemption level may be able to make a profit by 
installing collection and control systems that recover energy. While 
the rule does not require control of landfills smaller than 2.5 million 
Mg, the EPA encourages energy recovery in cases where it is profitable. 
The EPA has developed a Landfill Methane Outreach Program to encourage 
more widespread utilization of landfill gas as an energy source. 
Information can be obtained by calling the Landfill Methane Outreach 
Program Hotline at (202) 233-9042. Available publications are 
identified in section 1.2.1 of the promulgation BID.
    Since some landfills record waste by volume and have their design 
capacities calculated in volume, the EPA also established an equivalent 
design capacity exemption of 2.5 million m \3\ of waste. The density of 
solid waste within different landfills varies depending on several 
factors, including the compaction practices. Any landfill that reports 
waste by volume and wishes to establish a mass design capacity must 
document the basis for their density calculation.

B. Emission Rate Cutoff

    Some commenters asserted that the proposed emission rate cutoff of 
150 Mg/yr should be made more stringent, while others favored the 
proposal cutoff or higher. The commenters favoring the more stringent 
level indicated that the EPA's data on NMOC concentration, the benefits 
of energy recovery and reduced global warming, and the reduced health 
risks all supported an increased stringency level.
    The Climate Change Action Plan, signed by the President in October, 
1993, calls for EPA to promulgate a ``tough'' landfill gas rule as soon 
as possible. This initiative also supports a more stringent emission 
rate cutoff that will achieve greater emission reduction.
    Due to the small-size exemption, only landfills with design 
capacities greater than 2.5 million Mg of waste or 2.5 million cubic 
meters of waste will be affected by this rule. It is estimated that a 
landfill of 2.5 million Mg design capacity corresponds to cities 
greater than about 125,000 people. On the whole, large landfills 
service areas with large population. A reasonable assumption is that 
many of these large landfills are in the 400 counties that have been 
designated as urban ozone nonattainment areas and are developing plans 
to address ozone nonattainment.
    Finally, the new data and modeling methodologies, which were 
published in the Notice of Data Availability on June 21, 1993, 
significantly reduced the emission reduction and corresponding 
effectiveness of the rule. Therefore, a more stringent emission rate 
cutoff would achieve similar emission reductions at similar cost 
effectiveness to the proposed rule.
    Based on all of these reasons, the EPA reevaluated the stringency 
level and chose an emission rate cutoff of 50 Mg/yr of NMOC for the 
final rules. This revision would affect more landfills than the 
proposal value of 150 Mg/yr of NMOC; however, the 50 Mg/yr of NMOC will 
only affect less than 5 percent of all landfills and is estimated to 
reduce NMOC emissions by approximately 53 percent and methane emissions 
by 39 percent. The 150 Mg/yr emission rate cutoff would have reduced 
NMOC emissions by 45 percent and methane emissions by 24 percent. The 
incremental cost effectiveness of control of going from a 150 Mg/yr 
cutoff level to a 50 Mg/yr cutoff level is $2,900/Mg NMOC reduction for 
new landfills and $3,300/Mg for existing landfills.
    The values for NMOC cost effectiveness do not include any credit 
for the benefits for toxics, odor, explosion control, or the indirect 
benefit of methane control. A revised cost effectiveness could be 
calculated with an assumed credit value for one or more of the other 
benefits. As an example, assuming a $30/Mg credit for the methane 
emission reduction, the incremental cost effectiveness from the 
proposal cutoff of 150 Mg/yr to the final cutoff of 50 Mg/yr would be 
reduced to $660/Mg NMOC.

C. Collection System Design Specifications

    Commenters indicated that the proposed design specifications for 
the collection system were overly prescriptive, discouraged innovation, 
and did not prevent off-site migration of LFG. In the new Sec. 60.759 
for design specifications, certain criteria still require proper 
landfill gas collection; however, the proposed design specifications 
for the LFG collection system were removed from the final regulations. 
Instead, the final rule allows sources to design their own collection 
systems. Design plans must meet certain requirements and be signed by a 
registered professional engineer, and are subject to agency approval. 
These changes were made to provide flexibility and encourage 
technological innovation.

D. Timing for Well Placement

    The proposed regulations required the installation of collection 
wells at applicable landfills within 2 years of initial waste 
placement. Commenters indicated that the installation of wells within 2 
years was not practiced at many landfills, because many cells were 
still active (receiving waste) 2 years after initial placement. 
Collection wells installed at these cells would have to be covered 
over, which would decrease the operational life of the well and be 
costly and inefficient.
    The proposed timing for the placement of collection wells has been 
revised to reduce costs and better coincide with common operational 
practices at MSW landfills. The final regulation allows for well 
installation up to 5 years from initial waste placement for active 
cells. An area that reaches final grade or closure must install 
collection wells within 2 years of initial waste placement.

E. Operational Standards

    In response to commenters concerns about the operation of 
collection systems, the final NSPS contains a new section, Sec. 60.753, 
``Operational Standards for Collection and Control Equipment.'' Various 
operational provisions that had previously been located throughout the 
proposed rule have been organized under this one section, and new 
provisions on collection and control systems have been added. The new 
section addresses the following areas: (1) Collection of gas from 
active areas containing solid waste older than 5 years (changed from 2 
years at proposal); (2) operation of the collection system with 
negative pressure at each wellhead (except as noted in the rule); (3) 
operation of the collection system with a landfill temperature less 
than 55 deg. (or a higher established temperature) and either an 
N2 level less than or equal to 20 percent or an O2 level less 
than or equal to 5 percent; (4) operation of the collection system with 
a surface concentration less than 500 ppm methane; (5) venting all 
collected gases to a treatment or control device; and (6) operation of 
the treatment or control device at all times when the collected gas is 
routed to the control device. The numerical requirements (for the 
N2 or O2 levels, landfill temperature,

[[Page 9912]]
and surface concentration) are new requirements that will verify that 
the system is being adequately operated and maintained. In conjunction 
with the new operational provisions, the compliance, testing and 
monitoring sections were revised to reference and support these new or 
relocated provisions.

F. Surface Emission Monitoring

    Numerous commenters asserted that the proposed rules did not 
address surface methane emissions resulting from insufficient well 
spacing or from breaks in the cover material. The commenters 
recommended that monitoring of surface emissions be required to ensure 
the proper operation of collection system equipment. Upon further 
analysis, the EPA decided to require surface emission monitoring and 
the maintenance of negative pressure at all wells, except under 
specified conditions, to ensure proper collection system design and 
operation. Based on information submitted by commenters, a maximum 
surface concentration of 500 ppm methane should be demonstrated to 
indicate proper operation of the collection system. Monitoring is to be 
done quarterly, with provisions for increasing monitoring and 
corrective procedures if readings above 500 ppm are detected. 
Instrumentation specifications, monitoring frequencies, and monitoring 
patterns have been structured to provide clear and straight-forward 
procedures that are the minimum necessary to assure compliance.

G. Model Default Values

    The EPA received additional data after proposal on the model 
defaults that were included in the tier system calculations. These 
default values are used to calculate whether the NMOC concentration is 
above the cutoff level for control requirements of 50 Mg/yr. The new 
information received lead the EPA to revise the default values for the 
site-specific methane generation rate constant (k), the methane 
generation potential (Lo), and the NMOC concentration 
(CNMOC). In the absence of site-specific data, the landfill owner 
or operator would use the default values for k, Lo, and CNMOC 
in order to estimate the annual NMOC emission rate. More information on 
the model defaults may be found in the final BID (EPA-453/R-94-021) and 
the memorandum ``Documentation of Small-Size Exemption Cutoff Level and 
Tier 1 Default Values (Revised),'' October 21, 1993, (Docket No. A-88-
09, Item No. IV-B-5).
    The Tier 1 default values of k, Lo, and CNMOC tend to 
overstate NMOC emission rates for most landfills, and are intended to 
be used to indicate the need to install a collection and control system 
or perform a more detailed Tier 2 analysis. It is recommended that 
these default values not be used for estimating landfill emissions for 
purposes other than the NSPS and EG. The EPA document ``Compilation of 
Air Pollution Emission Factors'' (AP-42) provides emission estimation 
procedures and default values that can be used for emissions 
inventories and other purposes.

VII. Permitting

A. New Source Review Permits

    Today's rulemaking under section 111(b) establishes a new 
classification of pollutants subject to regulation under the CAA: ``MSW 
landfill emissions.'' Therefore, PSD rules now apply to all subject 
stationary sources which have increases in landfill gas above the 
significance level, 50 tpy or more of NMOC. Landfills below the 2.5 
million Mg design capacity exemption, which are not required by the 
regulations to install controls, may exceed this significance level. In 
this case, the State will need to determine if controls should be 
installed for purposes of PSD or NSR compliance.
    The proposed significance level for MSW landfill emissions of 40 
tpy of NMOC was changed to 50 tpy after consideration of public 
comments. The PSD significance level for VOC emissions is 40 tpy. At 
proposal, the landfill gas emission level was set at 40 tpy of NMOC to 
be consistent with the 40 tpy level for VOC. However, NMOC contains 
organic compounds that are not VOC. An NMOC emission rate of roughly 50 
tpy corresponds to a VOC emission rate of 40 tpy.
    The components of MSW landfill emissions that are regulated as 
pollutants or precursors of an air pollutant listed under section 108 
of the CAA are also regulated by other provisions of CAA as applicable. 
For example, the components of MSW landfill emissions that are emitted 
as photochemically reactive VOCs are regulated, as applicable, under 
the nonattainment provisions for ozone contained in part D of title I 
of the CAA.

B. Operating Permits

    Section 502 of the CAA and Sec. 70.3(a) require any source subject 
to standards or regulations under section 111 of the CAA to obtain part 
70 operating permits. However, landfills below 2.5 million Mg design 
capacity are not subject to standards under section 111 because they 
are not required to put on controls and are not subject to emission 
limits. These landfills are subject to a reporting requirement under 
the section 111 rule; however, this requirement determines 
applicability of the standard and does not make them ``subject'' for 
the purposes of part 70. Consequently, landfills below 2.5 million Mg 
design capacity are not subject to part 70, provided they are not major 
sources; and this is stated in Sec. 60.752(a) of the rule. If landfills 
below 2.5 million Mg design capacity are major sources, they must 
obtain a part 70 permit under the same deadlines and requirements that 
apply to any other major source. States may request additional 
information to verify whether landfills have the potential to emit at 
major source levels.
    For landfills above the 2.5 million Mg design capacity exemption, 
part 70 operating permits are required. These landfills are subject to 
emission limits and will most often be major sources. Since landfill 
emissions increase over time, a landfill over 2.5 million Mg may not be 
major in the beginning; however, as the landfill progresses to 
capacity, it may become major. Many of the landfills above the 2.5 
million Mg exemption will be required to collect and control the gas 
under the regulation. The issuance of a permit will also help enforce 
and implement the standard. Therefore, the EPA has decided to require 
permits for all landfills with design capacities above 2.5 million Mg, 
whether or not the landfill will be required to install a collection 
and control system.
    The regulation also provides for termination of operating permits. 
Landfill emissions, unlike emissions from other source categories, 
decrease over time after the landfill is closed. If a landfill has 
closed and a control system was never required or the conditions for 
control system removal specified in the regulation have been met, an 
operating permit is no longer necessary.

VIII. Administrative Requirements

A. Docket

    The docket (Docket No. A-88-09) is an organized and complete file 
of all the information considered by the EPA in the development of this 
rulemaking. The docket is a dynamic file, since material is added 
throughout the rulemaking development. The docketing system is intended 
to allow members of the public and industries involved to readily 
identify and locate documents so that they can effectively participate 
in the rulemaking process. Along with

[[Page 9913]]
the statement of basis and purpose of the proposed and promulgated 
standards and the EPA responses to significant comments, the contents 
of the docket, except for interagency review materials, will serve as 
the record in case of judicial review [section 307(d)(7)(A)].

B. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by the 
EPA (ICR No. 1557.03) and a copy may be obtained from Sandy Farmer, 
OPPE Regulatory Information Division; U.S. Environmental Protection 
Agency (2137); 401 M St., S.W.; Washington, DC 20460, or by calling 
(202) 260-2740. The information requirements are not effective until 
OMB approves them.
    The information required to be collected by this rule is necessary 
to identify the regulated entities who are subject to the rule and to 
ensure their compliance with the rule. The recordkeeping and reporting 
requirements are mandatory and are being established under authority of 
section 114 of the Act. All information submitted as part of a report 
to the Agency for which a claim of confidentiality is made will be 
safeguarded according to the Agency policies set forth in title 40, 
chapter 1, part 2, subpart B--Confidentiality of Business Information 
(see 40 CFR 2; 41 FR 36902, September 1, 1976, amended by 43 FR 39999, 
September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 
23, 1979).
    The total annual reporting and recordkeeping burden for this 
collection, averaged over the first 3 years of the NSPS applicability 
to new MSW landfills, is estimated to be 3,379 person hours per year. 
This is the estimated burden for 299 respondents (e.g., MSW landfill 
owners/operators) per year, at an estimated annual reporting and 
recordkeeping burden averaging 11.3 hours per respondent. The rule 
requires an initial one-time notification of landfill design capacity. 
If the landfill is larger than the design capacity cutoff, annual 
reports are required. The capital cost to purchase required monitoring 
equipment is $8,100 per monitor. The total annualized capital and 
startup costs for purchase of monitoring equipment are $80,250. The 
total national annual cost burden including all labor costs and 
annualized capital costs for recordkeeping and reporting is $188,850.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.

C. Executive Order 12866

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
EPA must determine whether the regulatory action is ``significant'' and 
therefore subject to OMB review and the requirements of the Executive 
Order. The Order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may: (1) Have an annual effect on 
the economy of $100 million or more or adversely effect in a material 
way the economy, a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities; (2) create a serious inconsistency 
or otherwise interfere with an action taken or planned by another 
agency; (3) materially alter the budgetary impact of entitlement, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or (4) raise novel legal or policy issues arising 
out of legal mandates, the President's priorities, or the principles 
met forth in the Executive Order.
    Pursuant to the terms of Executive Order 12866, this action was 
submitted to OMB for review. Changes made in response to OMB 
suggestions or recommendations are documented in the public record.

D. Executive Order 12875

    To reduce the burden of Federal regulations on States and small 
governments, the President issued E.O. 12875 on October 26, 1993. Under 
E.O. 12875, the EPA is required to consult with representatives of 
affected State, local, and tribal governments. Because this regulatory 
action imposes costs to the private sector and government entities in 
excess of $100 million per year, the EPA pursued the preparation of an 
unfunded mandates statement, consultations, and other requirements of 
the Unfunded Mandates Reform Act. The requirements are met as presented 
under the following unfunded mandates section (section VIII.E of this 
notice).

E. Unfunded Mandate Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a statement to accompany any rule where the estimated 
costs to State, local, or tribal governments, or to the private sector, 
will be $100 million or more per year. Section 203 requires the Agency 
to establish a plan for informing and advising any small governments 
that may be significantly or uniquely affected by the rule. Section 204 
requires that the Agency ``to the extent permitted in law, develop an 
effective process to permit elected officers of State, local, and 
tribal governments * * * to provide meaningful and timely input in the 
development of regulatory proposals containing significant Federal 
intergovernmental mandates''. Under section 205(a), the EPA must select 
the ``least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule'' and is consistent with 
statutory requirements.
    The unfunded mandates statement under section 202 must include: (1) 
A citation of the statutory authority under which the rule is proposed, 
(2) an assessment of the costs and benefits of the rule including the 
effect of the mandate on health, safety and the environment, and the 
Federal resources available to defray the costs, (3) where feasible, 
estimates of future compliance costs and disproportionate impacts upon 
particular geographic or social segments of the nation or industry, (4) 
where relevant, an estimate of the effect on the national economy, and 
(5) a description of the EPA's consultation with State, local, and 
tribal officials.
    Because this rule is estimated to impose costs to the private 
sector and governments entities in excess of $100 million per year 
(based on tenth or fifteenth year annualized values), it is considered 
a significant regulatory action.
    The EPA has thus prepared the following statement with respect to 
sections 202 through 205 of the Unfunded Mandates Act.
1. Statutory Authority
    As discussed in section II of this preamble, the statutory 
authority for this rulemaking is section 111 of the CAA. The rule 
establishes emission guidelines

[[Page 9914]]
for existing MSW landfills and standards of performance for new MSW 
landfills. Section 111(a)(1) of the requires that standards of 
performance for new sources reflect the--

    * * * degree of emission limitation and the percentage reduction 
achievable through application of the best technological system of 
continuous emission reduction which (taking into consideration the 
cost of achieving such emission reduction, any nonair quality health 
and environmental impact and energy requirements) the Administrator 
determines has been adequately demonstrated.

    Section 111(d) requires emission guidelines for existing sources to 
reflect a similar degree of emission reduction.
    These systems are referred to as BDT for new and existing sources.
    Properly operated gas collection and control systems achieving 98 
percent emission reduction have been demonstrated on landfills of the 
size affected by the standards and EG, and represent BDT. Control 
technologies and their performance are discussed in the preamble to the 
proposed rules (56 FR 24476, May 30, 1991).
    In selecting BDT, the EPA also considered which landfills should be 
required to apply collection and control systems. A range of landfill 
design capacity and emission rate cutoffs were evaluated, as described 
below in section 2.b ``Regulatory Alternatives Considered.'' The 
promulgated standards contain a design capacity exemption of 2.5 
million Mg or 2.5 million cubic meters and an emission rate cutoff of 
50 Mg NMOC/yr.
    The EPA considered emission reduction, costs, and energy 
requirements, as required by the statutory language of section 111 of 
the CAA, in selecting the promulgated standards and EG. The promulgated 
standards represent BDT. They achieve significant reductions in 
landfill gas emissions--a 53 percent reduction in NMOC emissions, and a 
39 percent reduction in methane reduction emissions nationwide. The 
cost impacts of the standards are presented in section V.B and in 
section VII.E.2 (below). The public entities and affected industries 
who were consulted, as required by the Unfunded Mandates Reform Act, 
understand the cost impacts and support the final rules (see Section 4, 
``Consultation with Government Officials'' below). The energy impacts 
are discussed in section V.B of this notice. To the extent energy 
recovery devices are used to comply with the rules, the rules will 
result in a net energy savings (production of energy).
    Compliance with section 205(a): Regarding the EPA's compliance with 
section 205(a), the EPA did identify and consider a reasonable number 
of alternatives, and presents a summary of these below. The EPA has 
chosen to adopt the alternative with a size cutoff of 2.5 million Mg 
capacity, and 50 Mg/yr emissions. The incremental cost effectiveness of 
this 50 Mg/yr option is $6,250 per ton of NMOC reduced (versus the less 
stringent 75 Mg/yr option). This cost effectiveness is much higher than 
is typical for NMOC (or VOC) controls in NSPSs. However, the EPA also 
considers the reductions in methane achieved by this 50 Mg/yr option as 
necessary to ``achieve the objectives'' of section 111. The additional 
methane reductions achieved by this option are also an important part 
of the total carbon reductions identified under the Administration's 
1993 Climate Change Action Plan. The EPA thus concludes that the chosen 
alternative is the most cost-effective to achieve the objectives of 
section 111, as called for in section 205(a).
2. Social Costs and Benefits
    This assessment of the cost and benefits to State, local, and 
tribal governments of the guidelines is based on EPA's ``Economic 
Impact Analysis for Proposed Emission Standards and Guidelines for 
Municipal Solid Waste Landfills'' and updates to the analysis contained 
in ``Air Emissions from Municipal Solid Waste Landfills--Background 
Information for Final Standards and Guidelines'' (EPA-453/R-94-021). 
Measuring the social costs of the guidelines requires identification of 
the affected entities by ownership (public or private), consideration 
of regulatory alternatives, calculation of the regulatory compliance 
costs for each affected entity, and assessment of the market 
implications of the additional pollution control costs. Considering the 
social benefits of the guidelines requires estimating the anticipated 
reductions in emissions at MSW landfills due to regulation and 
identifying the harmful effects of exposure to MSW landfill emissions. 
Quantitative valuation of the expected benefits to society was not done 
for this rule.
    a. Affected Entities. The standards of performance for new sources 
will require control of approximately 43 new landfills constructed in 
the first 5 years the standards are in effect. The EG will require 
control of approximately 312 existing landfills. This represents less 
than 5 percent of the total number of landfills in the U.S.
    Of the landfills required to install controls, about 30 percent of 
the existing landfills and 20 percent of the new landfills are 
privately owned. The remainder are publicly owned. (These percentages 
are taken from section 3.2.1 of the promulgation BID (EPA-453/R-94-
021). While that analysis used a design capacity exemption level of 1 
million Mg rather than the 2.5 million Mg exemption level contained in 
the final rule, the percentage of private versus publicly owned 
landfills would be similar.
    b. Regulatory Alternatives Considered. Under section 205 of the 
Unfunded Mandates Act, the Agency must identify and consider a 
reasonable number of regulatory alternatives before promulgating a rule 
for which a budgetary impact statement must be prepared. The Agency 
must select from those alternatives the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives 
of the rule, unless the Agency explains why this alternative is not 
selected or the selection of this alternative is inconsistent with the 
law.
    A number of alternatives were considered. These included design 
capacity exemption levels of 1, 2.5, and 3 million Mg and emission rate 
cutoffs of 50, 75, 100, and 150 Mg/year. Table 3 presents the impacts 
of alternative design capacity exemption levels for existing landfills. 
Table 4 presents the impacts of alternative emission rate cutoffs for 
existing landfills. Tables 5 and 6 present alternative design capacity 
exemption levels and emission rate cutoffs for new landfills.

         Table  3.--Alternative Design Capacity Exemption Level Options for the Emission Guidelines a,b,        
----------------------------------------------------------------------------------------------------------------
                                                             Annuald                                            
                                 Number       Annual c       methane     Annual cost  NMOC average      NMOC    
 Small size cutoff (millions    landfills       NMOC        emission     (million $/  cost eff. ($/  Incremental
             Mg)                affected      emission      reduction        yr)           Mg)      cost eff. ($/
                                              reduction      (Mg/yr)                                     Mg)    
-----------------------------------------------(Mg/yr)----------------------------------------------------------
Baseline e                                                                                                      
3,000,000...................           273        73,356     3,220,000            84         1,145         1,145

[[Page 9915]]
                                                                                                                
2,500,000...................           312        77,600     3,370,000            89         1,147         1,178
1,000,000...................           572        97,600     3,990,000           119         1,219         1,500
No cutoff f.................         7,299       142,000     8,270,000           719         5,063        13,514
----------------------------------------------------------------------------------------------------------------
a Emission rate cutoff level of 50 Mg NMOC/yr.                                                                  
b All values are fifth year annualized.                                                                         
c NMOC emission reductions are from a baseline of 145,000 Mg NMOC/yr.                                           
d Methane emission reductions are from a baseline of 8,400,000 Mg methane/yr.                                   
e In the absence of an emission guidelines.                                                                     
f No emission rate cutoff and no design capacity exemption level.                                               



        Table 4.--Alternative NMOC Emission Rate Stringency Level Options for the Emission Guidelines a,b       
----------------------------------------------------------------------------------------------------------------
                                                            Annual d                                            
                                 Number       Annual c       methane     Annual cost  NMOC average      NMOC    
  Emission rate cutoff (Mg      landfills       NMOC        emission     (million $/  cost eff. ($/  Incremental
          NMOC/yr)              affected      emission      reduction        yr)           Mg)      cost eff. ($/
                                              reduction      (Mg/yr)                                     Mg)    
-----------------------------------------------(Mg/yr)----------------------------------------------------------
Baseline e..................                                                                                    
150.........................           142        66,600     2,210,000            51           766           766
100.........................           201        72,700     2,720,000            66           908         2,459
75..........................           250        76,000     3,080,000            79         1,039         3,939
50..........................           312        77,600     3,370,000            89         1,147         6,250
No cutoff f.................         7,299       142,000     8,270,000           719         5,063         9,783
----------------------------------------------------------------------------------------------------------------
a Design capacity exemption level of 2,500,000 Mg of refuse.                                                    
b All values are fifth year annualized.                                                                         
c NMOC emission reductions are from a baseline of 145,000 Mg NMOC/yr.                                           
d Methane emission reductions are from a baseline of 8,400,000 Mg methane/yr.                                   
e In the absence of an emission guidelines.                                                                     
f No emission rate cutoff and no design capacity exemption level.                                               


   Table 5.--Alternative Design Capacity Exemption Level Options for the New Source Performance Standards a, b  
----------------------------------------------------------------------------------------------------------------
                                                            Annual d                                            
                                 Number       Annual c       methane      Annual e    NMOC average     NMOC f   
 Small size cutoff (millions    landfills       NMOC        emission        cost      cost eff. ($/  Incremental
            Mgr)                affected      emission      reduction    (million $/       Mg)      cost eff. ($/
                                              reduction      (Mg/yr)         yr)                         Mg)    
-----------------------------------------------(Mg/yr)----------------------------------------------------------
Baseline g..................                                                                                    
3,000,000...................            41         4,900       193,000             4           816       N/A    
2,500,000...................            43         4,900       193,000             4           816       N/A    
1,000,000...................            89         4,900       193,000             4           816       N/A    
No cutoff h.................           872        13,115       881,000            81         6,176       N/A    
----------------------------------------------------------------------------------------------------------------
a Emission rate cutoff level of 50 Mg NMOC/yr.                                                                  
b All values are fifth year annualized.                                                                         
c NMOC emission reductions are from a baseline of 13,400 Mg NMOC/yr.                                            
 d Methane emission reductions are from a baseline of 899,000 Mg methane/yr.                                    
e Due to rounding off to the nearest million dollar, cost values do not appear to change for each option.       
  However, actual costs are slightly less for a less stringent option.                                          
f Because the annual cost does not change enough to show a different cost from one option to the next,          
  incremental cost effectiveness values are not applicable.                                                     
g In the absence of a standard.                                                                                 
h No emission rate cutoff and no design capacity exemption level.                                               


 Table 6.--Alternative NMOC Emission Rate Stringency Level Options for the New Source Performance Standards a,b 
----------------------------------------------------------------------------------------------------------------
                                             Annual c,d    Annual c,e                                           
                                 Number         NMOC         methane      Annual f    NMOC average     NMOC g   
  Emission rate cutoff (Mg      landfills     emission      emission        cost      cost eff. ($/  Incremental
          NMOC/yr)              affected      reduction     reduction    (million $/       Mg)      cost eff. ($/
                                               (Mg/yr)       (Mg/yr)         yr)                         Mg)    
----------------------------------------------------------------------------------------------------------------
Baseline h..................                                                                                    
150.........................            14         5,200       187,000             4           769       NA     
100.........................            25         5,100       203,000             4           784       NA     
75..........................            33         5,000       194,000             4           800       NA     

[[Page 9916]]
                                                                                                                
50..........................            43         4,900       193,000             4           816       NA     
No Cutoff i.................           872        13,115       881,000            81         6,176       NA     
----------------------------------------------------------------------------------------------------------------
a Design capacity exemption level of 2,500,000 Mg of refuse.                                                    
b All values are fifth year annualized.                                                                         
c Because of the small number of landfills and the longer time period of control for a given landfill at a more 
  stringent option, the average annual emission reduction appears to decrease for a more stringent option.      
  However, the emission reduction for a given year increase for more stringent options.                         
d NMOC emission reductions are from a baseline of 13,400 Mg NMOC/yr.                                            
e Methane emission reductions are from a baseline of 899,000 Mg NMOC/yr.                                        
f Due to rounding off to the nearest million dollar, cost values do not appear to change for each option.       
  However, actual costs are slightly less for a less stringent option.                                          
g Because the annual cost does not change enough to show a different cost from one option to the next,          
  incremental cost effectiveness values are not applicable.                                                     
h In the absence of a standard.                                                                                 
i No emission rate cutoff and no design capacity exemption level.                                               


    The design capacity cutoff of 2.5 million Mg or 2.5 million cubic 
meters was chosen as a result of changes to the nationwide impacts 
analysis and to relieve as many small businesses and municipalities as 
possible from the regulatory requirements while still maintaining 
significant emission reduction. The 2.5 million Mg cutoff level exempts 
landfills that serve populations of less than about 125,000 people from 
periodic reporting and control requirements. This cutoff excludes those 
landfills who would be least able to afford the costs of a landfill gas 
collection and control system. A less stringent design capacity 
exemption level (e.g., 3 million Mg) was not selected because it would 
result in less emissions reductions. A more stringent design capacity 
exemption level (e.g., 1 million Mg) was not selected because it would 
increase the number of landfills required to apply control by over 80 
percent (572 vs. 312 existing landfills) while only achieving an 
additional 25 percent NMOC emission reduction (see table 3). It would 
also increase national costs and subject smaller government entities to 
the regulatory requirements, since smaller governments typically 
operate smaller landfills.
    The emission rate cutoff of 50 Mg/yr of NMOC was chosen because, in 
conjunction with the 2.5 million Mg design capacity cutoff, it will 
require control of less than 5 percent of all landfills, yet is 
estimated to reduce NMOC emissions by approximately 53 percent and 
methane emissions by 39 percent. The Climate Change Action Plan, signed 
by the President in October 1993, calls for the EPA to promulgate a 
``tough'' landfill gas rule as soon as possible.
    The average cost effectiveness is about $1,150/Mg NMOC (see table 
4). While the incremental cost effectiveness for NMOC control of going 
from a cutoff of 75 Mg/yr to a 50 Mg/yr cutoff is high ($6,250/Mg 
NMOC), this value does not include any credit for the benefits of 
toxics, odor, explosion control, or the indirect benefit of methane 
control. The economic analysis indicated that the final rule (including 
the 50 Mg/yr cutoff level) would cause a relatively small increase in 
waste disposal costs compared to the current costs and would not result 
in severe economic impacts on households (see section C. ``Social 
Costs'' below).
    A more stringent option (e.g., no cutoff) was not chosen because 
the average and incremental cost and cost effectiveness was not 
reasonable (see table 4). Less stringent emission rate cutoff levels 
were not chosen because they result in less NMOC and methane reduction, 
and would not be consistent with the section 111 statutory requirement 
to base emission standards on BDT.
    The public entities with whom the EPA consulted understood the 
EPA's concerns regarding the loss of emission reductions by changing 
the proposed capacity exemption level from 100,000 Mg to 5 million Mg 
and agreed that 2.5 million relieved 90 percent of the landfills from 
the burden of regulation and was reasonable.
    c. Social Costs. The regulatory compliance costs of reducing air 
emissions from MSW landfills include the total and annualized capital 
costs; operating and maintenance costs; monitoring, inspection, 
recordkeeping, and reporting costs; and total annual costs. The 
annualized capital cost is calculated using a 7 percent discount rate. 
The total annual cost is calculated as the sum of the annualized 
capital cost; operating and maintenance costs; and the monitoring, 
inspection, recordkeeping, and reporting costs.
    The total nationwide annualized cost for collection and control of 
air emissions from new MSW landfills are estimated to be $4 million. 
The nationwide costs of the EG for existing landfills is estimated to 
be about $90 million. The annual cost of waste disposal is estimated to 
increase by an average of $0.60/Mg for the NSPS and $1.30/Mg for the 
EG. Costs per household would increase by approximately $2.50 to $5.00 
per year for households served by a new or existing landfill, 
respectively, that is required to install a collection and control 
system. Because the rule requires control of only about 5 percent of 
the landfills in the U.S. many households would experience no increase 
in disposal costs. Furthermore, if affected landfills choose to use 
energy recovery systems, the cost per household in those areas would be 
less. The EPA has concluded that households would not incur severe 
economic impacts. For additional information, please refer to the 
regulatory impacts analysis (Docket No. A-88-09, Item IV-A-7) and 
chapter 3 of the promulgation BID (EPA-453/R-94-021). There are no 
Federal funds available to assist State and local governments in 
meeting these costs.
    d. Social Benefits. Society will benefit from the NSPS and EG 
through the reduction of landfill gas emissions, including NMOC and 
methane reductions. The total nationwide annualized emission reduction 
of the EG is estimated to be 77,600 Mg/yr of NMOC and 3,370,000 Mg/yr 
of methane.

[[Page 9917]]
The total nationwide annualized emission reduction for the NSPS is 
about 4,900 Mg/yr of NMOC and 881,000 Mg/yr of methane.
    The NMOC's present several hazards to human health. The NMOC's 
participate in chemical reactions leading to the formation of ozone, 
which causes health effects. Also, certain NMOC's have cancer risks and 
cause noncancer health effects.
    Ozone is created by sunlight acting on NOX and NMOC's in 
ambient air. Ozone leads to alterations in pulmonary function, 
aggravation of pre-existing respiratory disease, damage to lung 
structure, and adverse effects on blood enzymes, the central nervous 
system, and endocrine systems. Ozone also warrants control due to its 
welfare effects, specifically, reduced plant growth, decreased crop 
yield, necrosis of plant tissue, and deterioration of certain synthetic 
materials such as rubber (Docket No. A-88-09, Item Nos. II-A-26, II-I-
16, etc.).
    There is also concern about cancer risks from landfill NMOC 
emissions. In reviewing limited emissions data from MSW landfills, EPA 
identified both known and suspected carcinogens such as benzene, carbon 
tetrachloride, chloroform, ethylene dichloride, methylene dichloride, 
perchloroethylene, trichloroethylene, vinyl chloride, and vinylidene 
chloride. Prior to proposal, the EPA attempted to apply statistical 
methods to the limited data to generate the average annual increased 
cancer incidence and the maximum individual risk (MIR). In evaluating 
the result of the calculations for annual incidence and MIR, the EPA 
could not determine reasonable estimates of either an annual incidence 
or the MIR. The EPA concluded, at proposal, that the uncertainties in 
the database are too great to calculate credible estimates of the 
cancer risks associated with MSW landfills.
    Another benefit of the NSPS and EG is reduced fire explosion hazard 
through reduction of methane emissions. The EPA has documented many 
cases of acute injury and death caused by explosions and fires related 
to municipal landfill gas emissions. In addition to these health 
effects, the associated property damage is a welfare effect. 
Furthermore, when the migration of methane and the ensuring hazard are 
identified, adjacent property values can be adversely affected (Docket 
No. A-88-09, Item Nos. II-I-6, II-I-7, etc.)
    Another aspect of MSW landfill emissions is the offensive odor 
associated with landfills. While the nature of the wastes themselves 
contribute to the problem of odor, the gaseous decomposition products 
are often characteristically malodorous and unpleasant. Various welfare 
effects may be associated with odors, but due to the subjective nature 
of the impact and perception of odor, it is difficult to quantify these 
effects. Studies indicate that unpleasant odors can discourage capital 
investment and lower the socioeconomic status of an area. Odors have 
been shown to interfere with daily activities, discourage facility use, 
and lead to a decline in property values, tax revenues, and payroll 
(Docket No. A-88-09, Item Nos. II-I-6, II-I-7, etc.)
    An ancillary benefit from regulating air emissions from MSW 
landfills is a reduction in the contribution of MSW landfill emissions 
to global emissions of methane. Methane is a major greenhouse gas, and 
is 20 to 30 times more potent than CO2 on a molecule-per-molecule 
basis. This is due to the radiative characteristics of methane and 
other effects methane has on atmospheric chemistry. There is a general 
concern within the scientific community that the increasing emissions 
of greenhouse gases could lead to climate change, although the rate and 
magnitude of these changes are uncertain.
    In conclusion, while the social benefits of the rule have not been 
quantified, significant health and welfare benefits are expected to 
result from the reduction in landfill gas emissions caused by the rule.
3. Effects on the National Economy
    The Unfunded Mandates Act requires that the EPA estimate ``the 
effect'' of this rule--

    ``on the national economy, such as the effect on productivity, 
economic growth, full employment, creation of productive jobs, and 
international competitiveness of the U.S. goods and services, if and 
to the extent that the EPA in its sole discretion determines that 
accurate estimates are reasonably feasible and that such effect is 
relevant and material.''

    As stated in the Unfunded Mandates Act, such macroeconomic effects 
tend to be measurable, in nationwide econometric models, only if the 
economic impact of the regulation reaches 0.25 to 0.5 percent of gross 
domestic product (in the range of $1.5 billion to $3 billion). A 
regulation with a smaller aggregate effect is highly unlikely to have 
any measurable impact in macroeconomic terms unless it is highly 
focused on a particular geographic region or economic sector. For this 
reason, no estimate of this rule's effect on the national economy has 
been conducted.
4. Consultation with Government Officials
    The Unfunded Mandates Act requires that the EPA describe the extent 
of the EPA's consultation with affected State, local, and tribal 
officials, summarize the officials' comments or concerns, and summarize 
the EPA's response to those comments or concerns. These goals were 
addressed through meetings held with a number of public entities over 
the course of six months. Those entities included the US Conference of 
Mayors, the National League of Cities, the National Governor's 
Association, the National Association of Counties, and the Solid Waste 
Association of North America (SWANA). Through these meetings, these 
entities were informed of the rule, educated about it, and advised as 
to whether or not they would be impacted by it. These initial education 
and information sharing meetings were followed by meetings in which 
consultations and analysis of various alternatives took place. 
Documentation of all meetings and public comments can be found in 
Docket A-88-09.
    Various concerns were discussed during the meetings. These concerns 
included: (1) The design capacity cutoff; (2) collection wells, their 
costing and installation requirements; (3) design specifications for 
collection systems; (4) well head nitrogen measurement of 20 percent; 
and (5) the surface monitoring requirements.
    As a result of these consultations, the EPA decided to modify the 
final regulatory package to address these concerns. In the final 
regulatory package promulgated today: (1) The design capacity cutoff 
has been raised from the proposed level of 100,000 to 2.5 million Mg; 
(2) Changes were made to the way the costing algorithm calculates the 
number of vertical collection wells. The rule was also changed to 
require active areas to install wells 5 years from initial waste 
placement instead of 2 years. Closed areas or areas at final grade must 
install a collection system within 2 years; (3) Prescriptive design 
specifications have been removed from the rule and replaced with 
general criteria. The EPA is developing an Enabling Document to assist 
State and local permitting agencies in their review of designs; (4) 
Well head pressure monitoring can meet either 20 percent nitrogen or 5 
percent oxygen; (5) Surface monitoring is to be done quarterly instead 
of monthly, not to exceed 500 ppm methane above background.
    These changes were made in response to consultations held regarding 
burden of the regulation and as a result of new

[[Page 9918]]
data presented by the entities with whom the EPA met. A letter from the 
Solid Waste Management of North America and SWAC to the EPA 
demonstrates their support of this decision. Detailed summaries of the 
meetings and the letter can be obtained from the Docket A-88-09.
    Documentation of the EPA's consideration of comments on the 
proposed standards and guidelines is provided in the BID's for the 
proposed and final standards and guidelines. Refer to the ADDRESSES 
section of this preamble for information on how to acquire copies of 
these documents.
    The final rule reflects a minimization of burden on small landfills 
and does not create an unreasonable burden for large public entities. 
The EPA has considered the purpose and intent of the Unfunded Mandate 
Act and has determined the landfill NSPS and EG are needed.

F. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the 
EPA to give special consideration to the impact of regulation on small 
businesses, small organizations, and small governmental units. The 
Regulatory Flexibility Act specifies that EPA must prepare an initial 
regulatory flexibility analysis if a regulation will have a significant 
economic impact on a substantial number of small entities.
    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the Administrator certifies that this rule will not have 
a significant economic impact on a substantial number of small 
entities.
    The final NSPS and Eg exempt small landfills that have a design 
capacity below 2.5 million Mg of MSW. This design capacity exemption 
will exempt landfills that serve communities of 125,000 people or less, 
assuming the typical waste generation rate of 5 lb of waste per person 
per day and an average landfill age of 20 years. Section 601 of the 
Regulatory Flexibility Act defines a ``small governmental 
jurisdiction'' as governments of cities, counties, towns, or other 
districts with a population less than 50,000. The design capacity 
exemption will exempt landfills that serve small governmental 
jurisdictions. Therefore, the landfills NSPS and EG will have no impact 
on small entities.
    The NSPS and EG will require periodic emissions calculations or 
control of emissions from only the largest 10 percent of landfills in 
the U.S. By controlling these large landfills, the rules will 
significantly reduce landfill gas emissions, which have adverse effects 
on human health and welfare, contribute to global warming, and can 
create odors and explosion hazards. In consideration of the potential 
regulatory burden on small entities and in response to public comment, 
the landfill design capacity in the proposed rule was raised to 2.5 
million Mg/yr, thereby exempting small entities.

G. Miscellaneous

    The effective date of this regulation is March 12, 1996. Section 
111(b)(1)(B) of the CAA provides that standards of performance or 
revisions thereof become effective upon promulgation and apply to 
affected facilities of which the construction or modification was 
commenced after the date of proposal, May 31, 1991.
    As prescribed by section 111, the promulgation of these standards 
was preceded by the Administrator's determination that MSW landfills 
contribute significantly to air pollution that may reasonably be 
anticipated to endanger public health or welfare. In accordance with 
section 117 of the CAA, publication of these promulgated standards was 
preceded by consultation with appropriate advisory committees, 
independent experts, and Federal departments and agencies.
    This regulation will be reviewed 4 years from the date of 
promulgation as required by the CAA. This review will include an 
assessment of such factors as the need for integration with other 
programs, the existence of alternative methods, enforceability, 
improvements in emission control technology, and reporting 
requirements.
    Section 317 of the CAA requires the Administrator to prepare an 
economic impact assessment for any NSPS promulgated under section 
111(b) of the CAA. An economic impact assessment was prepared for this 
regulation and for other regulatory alternatives. All aspects of the 
assessment were considered in the formulation of the standards to 
ensure that cost was carefully considered in determining the BDT. The 
economic impact assessment is included in the BID for the proposed 
standards and in Chapter 3 of the promulgation BID.

List of Subjects

40 CFR Part 51

    Environmental protection, Air pollution control.

40 CFR Part 52

    Air pollution control.

40 CFR Part 60

    Environmental protection, Air pollution control, Intergovernmental 
relations, reporting and recordkeeping requirements, Municipal solid 
waste landfills, Municipal solid waste.

    Dated: March 1, 1996.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter 1, parts 
51, 52 and 60 of the Code of Federal Regulations are amended as 
follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION AND SUBMITTAL OF 
IMPLEMENTATION PLANS

    1. The authority citation for part 51 continues to read as follows:

    Authority: 7401-7671q.

    2. Section 51.166(b)(23)(i) is amended by adding an entry to the 
end of the Pollutant and Emission Rate list to read as follows:


Sec. 51.166  Prevention of significant deterioration of air quality.

* * * * *
    (b) * * *
    (23) * * *
    (i) * * * Municipal solid waste landfill emissions (measured as 
nonmethane organic compounds): 45 megagrams per year (50 tons per year)
* * * * *

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

    3. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    4. Section 52.21(b)(23)(i) is amended by adding an entry to the end 
of the Pollutant and Emission Rate list to read as follows:


Sec. 52.21  Prevention of significant deterioration of air quality.

* * * * *
    (b) * * *
    (23) * * *
    (i) * * * Municipal solid waste landfills emissions (measured as 
nonmethane organic compounds): 45 megagrams per year (50 tons per year)
* * * * *

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

    5. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601.

    6. Section 60.16 of subpart A is amended by adding an entry to the 
end to read under Other Source Categories as follows:

[[Page 9919]]



Sec. 60.16  Priority list.

* * * * *

Other Source Categories

* * * * *
    Municipal solid waste landfills.\4\

    \4\ Not prioritized, since an NSPS for this major source 
category has already been promulgated.
---------------------------------------------------------------------------

* * * * *
    7. Section 60.30 is amended by adding a new paragraph (c) to read 
as follows:


Sec. 60.30  Scope.

* * * * *
    (c) Subpart Cc--Municipal Solid Waste Landfills.
    8. Part 60 is further amended by adding the Subpart Cc to read as 
follows:
Subpart Cc--Emission Guidelines and Compliance Times for Municipal 
Solid Waste Landfills
Sec.
60.30c  Scope.
60.31c  Definitions.
60.32c  Designated facilities.
60.33c  Emission guidelines for municipal solid waste landfill 
emissions.
60.34c  Test methods and procedures.
60.35c  Reporting and recordkeeping guidelines.
60.36c  Compliance times.

Subpart Cc--Emission Guidelines and Compliance Times for Municipal 
Solid Waste Landfills


Sec. 60.30c  Scope.

    This subpart contains emission guidelines and compliance times for 
the control of certain designated pollutants from certain designated 
municipal solid waste landfills in accordance with section 111(d) of 
the Act and subpart B.


Sec. 60.31c  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Act and in subparts A, B, and WWW of this part.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. An MSW landfill may also receive other 
types of RCRA Subtitle D wastes such as commercial solid waste, 
nonhazardous sludge, conditionally exempt small quantity generator 
waste, and industrial solid waste. Portions of an MSW landfill may be 
separated by access roads. An MSW landfill may be publicly or privately 
owned. An MSW landfill may be a new MSW landfill, an existing MSW 
landfill or a lateral expansion.


Sec. 60.32c  Designated facilities.

    (a) The designated facility to which the guidelines apply is each 
existing MSW landfill for which construction, reconstruction or 
modification was commenced before May 30, 1991.
    (b) Physical or operational changes made to an existing MSW 
landfill solely to comply with an emission guideline are not considered 
a modification or reconstruction and would not subject an existing MSW 
landfill to the requirements of subpart WWW [see Sec. 60.750 of Subpart 
WWW].


Sec. 60.33c  Emission guidelines for municipal solid waste landfill 
emissions.

    (a) For approval, a State plan shall include control of MSW 
landfill emissions at each MSW landfill meeting the following three 
conditions:
    (1) The landfill has accepted waste at any time since November 8, 
1987, or has additional design capacity available for future waste 
deposition;
    (2) The landfill has a design capacity greater than or equal to 2.5 
million megagrams or 2.5 million cubic meters. The landfill may 
calculate design capacity in either megagrams or cubic meters for 
comparison with the exemption values. Any density conversions shall be 
documented and submitted with the report; and
    (3) The landfill has a nonmethane organic compound emission rate of 
50 megagrams per year or more.
    (b) For approval, a State plan shall include the installation of a 
collection and control system meeting the conditions provided in 
Sec. 60.752(b)(2)(ii) of this part at each MSW landfill meeting the 
conditions in paragraph (a) of this section. The State plan shall 
include a process for State review and approval of the site-specific 
design plans for the gas collection and control system(s).
    (c) For approval, a State plan shall include provisions for the 
control of collected MSW landfill emissions through the use of control 
devices meeting the requirements of paragraph (c)(1), (2), or (3) of 
this section, except as provided in Sec. 60.24.
    (1) An open flare designed and operated in accordance with the 
parameters established in Sec. 60.18; or
    (2) A control system designed and operated to reduce NMOC by 98 
weight percent; or
    (3) An enclosed combustor designed and operated to reduce the 
outlet NMOC concentration to 20 parts per million as hexane by volume, 
dry basis at 3 percent oxygen, or less.


Sec. 60.34c  Test methods and procedures.

    For approval, a State plan shall include provisions for: the 
calculation of the landfill NMOC emission rate listed in Sec. 60.754, 
as applicable, to determine whether the landfill meets the condition in 
Sec. 60.33c(a)(3); the operational standards in Sec. 60.753; the 
compliance provisions in Sec. 60.755; and the monitoring provisions in 
Sec. 60.756.


Sec. 60.35c  Reporting and recordkeeping guidelines.

    For approval, a State plan shall include the recordkeeping and 
reporting provisions listed in Secs. 60.757 and 60.758, as applicable, 
except as provided under Sec. 60.24.


Sec. 60.36c  Compliance times.

    (a) Except as provided for under paragraph (b) of this section, 
planning, awarding of contracts, and installation of MSW landfill air 
emission collection and control equipment capable of meeting the 
emission guidelines established under Sec. 60.33c shall be accomplished 
within 30 months after the effective date of a State emission standard 
for MSW landfills.
    (b) For each existing MSW landfill meeting the conditions in 
Sec. 60.33c(a)(1) and Sec. 60.33c(a)(2) whose NMOC emission rate is 
less than 50 megagrams per year on the effective date of the State 
emission standard, installation of collection and control systems 
capable of meeting emission guidelines in Sec. 60.33c shall be 
accomplished within 30 months of the date when the condition in 
Sec. 60.33c(a)(3) is met (i.e., the date of the first annual nonmethane 
organic compounds emission rate which equals or exceeds 50 megagrams 
per year).
    9. Part 60 is amended by adding a new subpart WWW to read as 
follows:

Subpart WWW--Standards of Performance for Municipal Solid Waste 
Landfills

Sec.
60.750  Applicability, designation of affected facility, and 
delegation of authority.
60.751  Definitions.
60.752  Standards for air emissions from municipal solid waste 
landfills.
60.753  Operational standards for collection and control systems.
60.754  Test methods and procedures.
60.755  Compliance provisions.
60.756  Monitoring of operations.
60.757  Reporting requirements.
60.758  Recordkeeping requirements.
60.759  Specifications for active collection systems.

Subpart WWW--Standards of Performance for Municipal Solid Waste 
Landfills


Sec. 60.750  Applicability, designation of affected facility, and 
delegation of authority.

    (a) The provisions of this subpart apply to each municipal solid 
waste

[[Page 9920]]
landfill that commenced construction, reconstruction or modification or 
began accepting waste on or after May 30, 1991. Physical or operational 
changes made to an existing MSW landfill solely to comply with Subpart 
Cc of this part are not considered construction, reconstruction, or 
modification for the purposes of this section.
    (b) The following authorities shall be retained by the 
Administrator and not transferred to the State: None.


Sec. 60.751  Definitions.

    As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Act or in subpart A of this part.
    Active collection system means a gas collection system that uses 
gas mover equipment.
    Active landfill means a landfill in which solid waste is being 
placed or a landfill that is planned to accept waste in the future.
    Closed landfill means a landfill in which solid waste is no longer 
being placed, and in which no additional solid wastes will be placed 
without first filing a notification of modification as prescribed under 
Sec. 60.7(a)(4). Once a notification of modification has been filed, 
and additional solid waste is placed in the landfill, the landfill is 
no longer closed. A landfill is considered closed after meeting the 
criteria of Sec. 258.60 of this title.
    Closure means that point in time when a landfill becomes a closed 
landfill.
    Commercial solid waste means all types of solid waste generated by 
stores, offices, restaurants, warehouses, and other nonmanufacturing 
activities, excluding residential and industrial wastes.
    Controlled landfill means any landfill at which collection and 
control systems are required under this subpart as a result of the 
nonmethane organic compounds emission rate. The landfill is considered 
controlled at the time either
    (1) A notification of intent to install a collection and control 
system or
    (2) A collection and control system design plan is submitted in 
compliance with Sec. 60.752(b)(2)(i).
    Design capacity means the maximum amount of solid waste a landfill 
can accept, as specified in the construction or operating permit issued 
by the State, local, or Tribal agency responsible for regulating the 
landfill.
    Disposal facility means all contiguous land and structures, other 
appurtenances, and improvements on the land used for the disposal of 
solid waste.
    Emission rate cutoff means the threshold annual emission rate to 
which a landfill compares its estimated emission rate to determine if 
control under the regulation is required.
    Enclosed combustor means an enclosed firebox which maintains a 
relatively constant limited peak temperature generally using a limited 
supply of combustion air. An enclosed flare is considered an enclosed 
combustor.
    Flare means an open combustor without enclosure or shroud.
    Gas mover equipment means the equipment (i.e., fan, blower, 
compressor) used to transport landfill gas through the header system.
    Household waste means any solid waste (including garbage, trash, 
and sanitary waste in septic tanks) derived from households (including, 
but not limited to, single and multiple residences, hotels and motels, 
bunkhouses, ranger stations, crew quarters, campgrounds, picnic 
grounds, and day-use recreation areas).
    Industrial solid waste means solid waste generated by manufacturing 
or industrial processes that is not a hazardous waste regulated under 
Subtitle C of the Resource Conservation and Recovery Act, parts 264 and 
265 of this title. Such waste may include, but is not limited to, waste 
resulting from the following manufacturing processes: electric power 
generation; fertilizer/agricultural chemicals; food and related 
products/by-products; inorganic chemicals; iron and steel 
manufacturing; leather and leather products; nonferrous metals 
manufacturing/foundries; organic chemicals; plastics and resins 
manufacturing; pulp and paper industry; rubber and miscellaneous 
plastic products; stone, glass, clay, and concrete products; textile 
manufacturing; transportation equipment; and water treatment. This term 
does not include mining waste or oil and gas waste.
    Interior well means any well or similar collection component 
located inside the perimeter of the landfill. A perimeter well located 
outside the landfilled waste is not an interior well.
    Landfill means an area of land or an excavation in which wastes are 
placed for permanent disposal, and that is not a land application unit, 
surface impoundment, injection well, or waste pile as those terms are 
defined under Sec. 257.2 of this title.
    Lateral expansion means a horizontal expansion of the waste 
boundaries of an existing MSW landfill. A lateral expansion is not a 
modification unless it results in an increase in the design capacity of 
the landfill.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. An MSW landfill may also receive other 
types of RCRA Subtitle D wastes (Sec. 257.2 of this title) such as 
commercial solid waste, nonhazardous sludge, conditionally exempt small 
quantity generator waste, and industrial solid waste. Portions of an 
MSW landfill may be separated by access roads. An MSW landfill may be 
publicly or privately owned. An MSW landfill may be a new MSW landfill, 
an existing MSW landfill, or a lateral expansion.
    Municipal solid waste landfill emissions or MSW landfill emissions 
means gas generated by the decomposition of organic waste deposited in 
an MSW landfill or derived from the evolution of organic compounds in 
the waste.
    NMOC means nonmethane organic compounds, as measured according to 
the provisions of Sec. 60.754.
    Nondegradable waste means any waste that does not decompose through 
chemical breakdown or microbiological activity. Examples are, but are 
not limited to, concrete, municipal waste combustor ash, and metals.
    Passive collection system means a gas collection system that solely 
uses positive pressure within the landfill to move the gas rather than 
using gas mover equipment.
    Sludge means any solid, semisolid, or liquid waste generated from a 
municipal, commercial, or industrial wastewater treatment plant, water 
supply treatment plant, or air pollution control facility, exclusive of 
the treated effluent from a wastewater treatment plant.
    Solid waste means any garbage, sludge from a wastewater treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial, commercial, 
mining, and agricultural operations, and from community activities, but 
does not include solid or dissolved material in domestic sewage, or 
solid or dissolved materials in irrigation return flows or industrial 
discharges that are point sources subject to permits under 33 U.S.C. 
1342, or source, special nuclear, or by-product material as defined by 
the Atomic Energy Act of 1954, as amended (42 U.S.C 2011 et seq.).
    Sufficient density means any number, spacing, and combination of 
collection

[[Page 9921]]
system components, including vertical wells, horizontal collectors, and 
surface collectors, necessary to maintain emission and migration 
control as determined by measures of performance set forth in this 
part.
    Sufficient extraction rate means a rate sufficient to maintain a 
negative pressure at all wellheads in the collection system without 
causing air infiltration, including any wellheads connected to the 
system as a result of expansion or excess surface emissions, for the 
life of the blower.


Sec. 60.752   Standards for air emissions from municipal solid waste 
landfills.

    (a) Each owner or operator of an MSW landfill having a design 
capacity less than 2.5 million megagrams by mass or 2.5 million cubic 
meters by volume shall submit an initial design capacity report to the 
Administrator as provided in Sec. 60.757(a). The landfill may calculate 
design capacity in either megagrams or cubic meters for comparison with 
the exemption values. Any density conversions shall be documented and 
submitted with the report. For purposes of part 70 permitting, a 
landfill with a design capacity less than 2.5 million megagrams or 2.5 
million cubic meters does not require an operating permit under part 70 
of this chapter. Submittal of the initial design capacity report shall 
fulfill the requirements of this subpart except as provided for in 
paragraphs (a)(1) and (a)(2) of this section.
    (1) The owner or operator shall submit to the Administrator an 
amended design capacity report, as provided for in Sec. 60.757(a)(3), 
when there is any increase in the design capacity of a landfill subject 
to the provisions of this subpart, whether the increase results from an 
increase in the area or depth of the landfill, a change in the 
operating procedures of the landfill, or any other means.
    (2) If any increase in the maximum design capacity of a landfill 
exempted from the provisions of Sec. 60.752(b) through Sec. 60.759 of 
this subpart on the basis of the design capacity exemption in paragraph 
(a) of this section results in a revised maximum design capacity equal 
to or greater than 2.5 million megagrams or 2.5 million cubic meters, 
the owner or operator shall comply with the provision of paragraph (b) 
of this section.
    (b) Each owner or operator of an MSW landfill having a design 
capacity equal to or greater than 2.5 million megagrams or 2.5 million 
cubic meters, shall either comply with paragraph (b)(2) of this section 
or calculate an NMOC emission rate for the landfill using the 
procedures specified in Sec. 60.754. The NMOC emission rate shall be 
recalculated annually, except as provided in Sec. 60.757(b)(1)(ii) of 
this subpart. The owner or operator of an MSW landfill subject to this 
subpart with a design capacity greater than or equal to 2.5 million 
megagrams or 2.5 million cubic meters is subject to part 70 permitting 
requirements. When a landfill is closed, and either never needed 
control or meets the conditions for control system removal specified in 
Sec. 60.752(b)(2)(v) of this subpart, a part 70 operating permit is no 
longer required.
    (1) If the calculated NMOC emission rate is less than 50 megagrams 
per year, the owner or operator shall:
    (i) Submit an annual emission report to the Administrator, except 
as provided for in Sec. 60.757(b)(1)(ii); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in Sec. 60.754(a)(1) until such time as the 
calculated NMOC emission rate is equal to or greater than 50 megagrams 
per year, or the landfill is closed.
    (A) If the NMOC emission rate, upon recalculation required in 
paragraph (b)(1)(ii) of this section, is equal to or greater than 50 
megagrams per year, the owner or operator shall install a collection 
and control system in compliance with paragraph (b)(2) of this section.
    (B) If the landfill is permanently closed, a closure notification 
shall be submitted to the Administrator as provided for in 
Sec. 60.757(d).
    (2) If the calculated NMOC emission rate is equal to or greater 
than 50 megagrams per year, the owner or operator shall:
    (i) Submit a collection and control system design plan prepared by 
a professional engineer to the Administrator within 1 year:
    (A) The collection and control system as described in the plan 
shall meet the design requirements of paragraph (b)(2)(ii) of this 
section.
    (B) The collection and control system design plan shall include any 
alternatives to the operational standards, test methods, procedures, 
compliance measures, monitoring, recordkeeping or reporting provisions 
of Secs. 60.753 through 60.758 proposed by the owner or operator.
    (C) The collection and control system design plan shall either 
conform with specifications for active collection systems in 
Sec. 60.759 or include a demonstration to the Administrator's 
satisfaction of the sufficiency of the alternative provisions to 
Sec. 60.759.
    (D) The Administrator shall review the information submitted under 
paragraphs (b)(2)(i) (A),(B) and (C) of this section and either approve 
it, disapprove it, or request that additional information be submitted. 
Because of the many site-specific factors involved with landfill gas 
system design, alternative systems may be necessary. A wide variety of 
system designs are possible, such as vertical wells, combination 
horizontal and vertical collection systems, or horizontal trenches 
only, leachate collection components, and passive systems.
    (ii) Install a collection and control system within 18 months of 
the submittal of the design plan under paragraph (b)(2)(i) of this 
section that effectively captures the gas generated within the 
landfill.
    (A) An active collection system shall:
    (1) Be designed to handle the maximum expected gas flow rate from 
the entire area of the landfill that warrants control over the intended 
use period of the gas control or treatment system equipment;
    (2) Collect gas from each area, cell, or group of cells in the 
landfill in which the initial solid waste has been placed for a period 
of:
    (i) 5 years or more if active; or
    (ii) 2 years or more if closed or at final grade;
    (3) Collect gas at a sufficient extraction rate;
    (4) Be designed to minimize off-site migration of subsurface gas.
    (B) A passive collection system shall:
    (1) Comply with the provisions specified in paragraphs (b)(2)(ii), 
(A) (1), (2), and (4) of this section.
    (2) Be installed with liners on the bottom and all sides in all 
areas in which gas is to be collected. The liners shall be installed as 
required under Sec. 258.40 of this title.
    (iii) Route all the collected gas to a control system that complies 
with the requirements in either paragraph (b)(2)(iii) (A), (B) or (C) 
of this section.
    (A) An open flare designed and operated in accordance with 
Sec. 60.18;
    (B) A control system designed and operated to reduce NMOC by 98 
weight-percent, or, when an enclosed combustion device is used for 
control, to either reduce NMOC by 98 weight percent or reduce the 
outlet NMOC concentration to less than 20 parts per million by volume, 
dry basis as hexane at 3 percent oxygen. The reduction efficiency or 
parts per million by volume shall be established by an initial 
performance test, required under Sec. 60.8 using the test methods 
specified in Sec. 60.754(d).
    (1) If a boiler or process heater is used as the control device, 
the landfill gas

[[Page 9922]]
stream shall be introduced into the flame zone.
    (2) The control device shall be operated within the parameter 
ranges established during the initial or most recent performance test. 
The operating parameters to be monitored are specified in Sec. 60.756;
    (C) Route the collected gas to a treatment system that processes 
the collected gas for subsequent sale or use. All emissions from any 
atmospheric vent from the gas treatment system shall be subject to the 
requirements of paragraph (b)(2)(iii) (A) or (B) of this section.
    (iv) Operate the collection and control device installed to comply 
with this subpart in accordance with the provisions of 
Sec. Sec. 60.753, 60.755 and 60.756.
    (v) The collection and control system may be capped or removed 
provided that all the conditions of paragraphs (b)(2)(v) (A), (B), and 
(C) of this section are met:
    (A) The landfill shall be no longer accepting solid waste and be 
permanently closed under the requirements of Sec. 258.60 of this title. 
A closure report shall be submitted to the Administrator as provided in 
Sec. 60.757(d);
    (B) The collection and control system shall have been in operation 
a minimum of 15 years; and
    (C) Following the procedures specified in Sec. 60.754(b) of this 
subpart, the calculated NMOC gas produced by the landfill shall be less 
than 50 megagrams per year on three successive test dates. The test 
dates shall be no less than 90 days apart, and no more than 180 days 
apart.


Sec. 60.753   Operational standards for collection and control systems.

    Each owner or operator of an MSW landfill gas collection and 
control system used to comply with the provisions of 
Sec. 60.752(b)(2)(ii) of this subpart shall:
    (a) Operate the collection system such that gas is collected from 
each area, cell, or group of cells in the MSW landfill in which solid 
waste has been in place for:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade;
    (b) Operate the collection system with negative pressure at each 
wellhead except under the following conditions:
    (1) A fire or increased well temperature. The owner or operator 
shall record instances when positive pressure occurs in efforts to 
avoid a fire. These records shall be submitted with the annual reports 
as provided in Sec. 60.757(f)(1);
    (2) Use of a geomembrane or synthetic cover. The owner or operator 
shall develop acceptable pressure limits in the design plan;
    (3) A decommissioned well. A well may experience a static positive 
pressure after shut down to accommodate for declining flows. All design 
changes shall be approved by the Administrator;
    (c) Operate each interior wellhead in the collection system with a 
landfill gas temperature less than 55 oC and with either a 
nitrogen level less than 20 percent or an oxygen level less than 5 
percent. The owner or operator may establish a higher operating 
temperature, nitrogen, or oxygen value at a particular well. A higher 
operating value demonstration shall show supporting data that the 
elevated parameter does not cause fires or significantly inhibit 
anaerobic decomposition by killing methanogens.
    (1) The nitrogen level shall be determined using Method 3C, unless 
an alternative test method is established as allowed by 
Sec. 60.752(b)(2)(i) of this subpart.
    (2) Unless an alternative test method is established as allowed by 
Sec. 60.752(b)(2)(i) of this subpart, the oxygen shall be determined by 
an oxygen meter using Method 3A except that:
    (i) The span shall be set so that the regulatory limit is between 
20 and 50 percent of the span;
    (ii) A data recorder is not required;
    (iii) Only two calibration gases are required, a zero and span, and 
ambient air may be used as the span;
    (iv) A calibration error check is not required;
    (v) The allowable sample bias, zero drift, and calibration drift 
are 10 percent.
    (d) Operate the collection system so that the methane concentration 
is less than 500 parts per million above background at the surface of 
the landfill. To determine if this level is exceeded, the owner or 
operator shall conduct surface testing around the perimeter of the 
collection area along a pattern that traverses the landfill at 30 meter 
intervals and where visual observations indicate elevated 
concentrations of landfill gas, such as distressed vegetation and 
cracks or seeps in the cover. The owner or operator may establish an 
alternative traversing pattern that ensures equivalent coverage. A 
surface monitoring design plan shall be developed that includes a 
topographical map with the monitoring route and the rationale for any 
site-specific deviations from the 30 meter intervals. Areas with steep 
slopes or other dangerous areas may be excluded from the surface 
testing.
    (e) Operate the system such that all collected gases are vented to 
a control system designed and operated in compliance with 
Sec. 60.752(b)(2)(iii). In the event the collection or control system 
is inoperable, the gas mover system shall be shut down and all valves 
in the collection and control system contributing to venting of the gas 
to the atmosphere shall be closed within 1 hour; and
    (f) Operate the control or treatment system at all times when the 
collected gas is routed to the system.
    (g) If monitoring demonstrates that the operational requirement in 
paragraphs (b), (c), or (d) of this section are not met, corrective 
action shall be taken as specified in Sec. 60.752(a) (3) through (5) or 
Sec. 60.755(c) of this subpart. If corrective actions are taken as 
specified in Sec. 60.755, the monitored exceedance is not a violation 
of the operational requirements in this section.


Sec. 60.754  Test methods and procedures.

    (a)(1) The landfill owner or operator shall calculate the NMOC 
emission rate using either the equation provided in paragraph (a)(1)(i) 
of this section or the equation provided in paragraph (a)(1)(ii) of 
this section. The values to be used in both equations are 0.05 per year 
for k, 170 cubic meters per megagram for Lo, and 4,000 parts per 
million by volume as hexane for the CNMOC.
    (i) The following equation shall be used if the actual year-to-year 
solid waste acceptance rate is known.

[GRAPHIC] [TIFF OMITTED] TR12MR96.025


[[Page 9923]]

where,

MNMOC=Total NMOC emission rate from the landfill, megagrams per 
year
k=methane generation rate constant, year-1
Lo=methane generation potential, cubic meters per megagram 
solid waste
Mi=mass of solid waste in the ith section, megagrams
ti=age of the ith section, years
CNMOC=concentration of NMOC, parts per million by volume as 
hexane
3.6  x  10-9=conversion factor

    The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill 
when calculating the value for Mi if the documentation 
provisions of Sec. 60.758(d)(2) are followed.

    (ii) The following equation shall be used if the actual year-to-
year solid waste acceptance rate is unknown.

MNMOC=2Lo R (e-kc - e-kt) (CNMOC) (3.6  x  
10-9)

where,

MNMOC=mass emission rate of NMOC, megagrams per year
Lo=methane generation potential, cubic meters per megagram 
solid waste
R=average annual acceptance rate, megagrams per year
k=methane generation rate constant, year-1
t=age of landfill, years
CNMOC=concentration of NMOC, parts per million by volume as 
hexane
c=time since closure, years. For active landfill c = O and 
e-kc=1
3.6  x  10-9=conversion factor

    The mass of nondegradable solid waste may be subtracted from the 
average annual acceptance rate when calculating a value for R, if 
the documentation provisions of Sec. 60.758(d)(2) are followed.

    (2) Tier 1. The owner or operator shall compare the calculated NMOC 
mass emission rate to the standard of 50 megagrams per year.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of 
this section is less than 50 megagrams per year, then the landfill 
owner shall submit an emission rate report as provided in 
Sec. 60.757(b)(1), and shall recalculate the NMOC mass emission rate 
annually as required under Sec. 60.752(b)(1).
    (ii) If the calculated NMOC emission rate is equal to or greater 
than 50 megagrams per year, then the landfill owner shall either comply 
with Sec. 60.752(b)(2), or determine a site-specific NMOC concentration 
and recalculate the NMOC emission rate using the procedures provided in 
paragraph (a)(3) of this section.
    (3) Tier 2. The landfill owner or operator shall determine the NMOC 
concentration using the following sampling procedure. The landfill 
owner or operator shall install at least two sample probes per hectare 
of landfill surface that has retained waste for at least 2 years. If 
the landfill is larger than 25 hectares in area, only 50 samples are 
required. The sample probes should be located to avoid known areas of 
nondegradable solid waste. The owner or operator shall collect and 
analyze one sample of landfill gas from each probe to determine the 
NMOC concentration using Method 25C of appendix A of this part or 
Method 18 of appendix A of this part. If using Method 18 of appendix A 
of this part, the minimum list of compounds to be tested shall be those 
published in the most recent Compilation of Air Pollutant Emission 
Factors (AP-42). If composite sampling is used, equal volumes shall be 
taken from each sample probe. If more than the required number of 
samples are taken, all samples shall be used in the analysis. The 
landfill owner or operator shall divide the NMOC concentration from 
Method 25C of appendix A of this part by six to convert from CNMOC 
as carbon to CNMOC as hexane.
    (i) The landfill owner or operator shall recalculate the NMOC mass 
emission rate using the equations provided in paragraph (a)(1)(i) or 
(a)(1)(ii) of this section and using the average NMOC concentration 
from the collected samples instead of the default value in the equation 
provided in paragraph (a)(1) of this section.
    (ii) If the resulting mass emission rate calculated using the site-
specific NMOC concentration is equal to or greater than 50 megagrams 
per year, then the landfill owner or operator shall either comply with 
Sec. 60.752(b)(2), or determine the site-specific methane generation 
rate constant and recalculate the NMOC emission rate using the site-
specific methane generation rate using the procedure specified in 
paragraph (a)(4) of this section.
    (iii) If the resulting NMOC mass emission rate is less than 50 
megagrams per year, the owner or operator shall submit a periodic 
estimate of the emission rate report as provided in Sec. 60.757(b)(1) 
and retest the site-specific NMOC concentration every 5 years using the 
methods specified in this section.
    (4) Tier 3. The site-specific methane generation rate constant 
shall be determined using the procedures provided in Method 2E of 
appendix A of this part. The landfill owner or operator shall estimate 
the NMOC mass emission rate using equations in paragraph (a)(1)(i) or 
(a)(1)(ii) of this section and using a site-specific methane generation 
rate constant k, and the site-specific NMOC concentration as determined 
in paragraph (a)(3) of this section instead of the default values 
provided in paragraph (a)(1) of this section. The landfill owner or 
operator shall compare the resulting NMOC mass emission rate to the 
standard of 50 megagrams per year.
    (i) If the NMOC mass emission rate as calculated using the site-
specific methane generation rate and concentration of NMOC is equal to 
or greater than 50 megagrams per year, the owner or operator shall 
comply with Sec. 60.752(b)(2).
    (ii) If the NMOC mass emission rate is less than 50 megagrams per 
year, then the owner or operator shall submit a periodic emission rate 
report as provided in Sec. 60.757(b)(1) and shall recalculate the NMOC 
mass emission rate annually, as provided in Sec. 60.757(b)(1) using the 
equations in paragraph (a)(1) of this section and using the site-
specific methane generation rate constant and NMOC concentration 
obtained in paragraph (a)(3) of this section. The calculation of the 
methane generation rate constant is performed only once, and the value 
obtained is used in all subsequent annual NMOC emission rate 
calculations.
    (5) The owner or operator may use other methods to determine the 
NMOC concentration or a site-specific k as an alternative to the 
methods required in paragraphs (a)(3) and (a)(4) of this section if the 
method has been approved by the Administrator as provided in 
Sec. 60.752(b)(2)(i)(B).
    (b) After the installation of a collection and control system in 
compliance with Sec. 60.755, the owner or operator shall calculate the 
NMOC emission rate for purposes of determining when the system can be 
removed as provided in Sec. 60.752(b)(2)(v), using the following 
equation:

MNMOC = 1.89  x  10-3 QLFG CNMOC

where,

MNMOC = mass emission rate of NMOC, megagrams per year
QLFG = flow rate of landfill gas, cubic meters per minute
CNMOC = NMOC concentration, parts per million by volume as 
hexane

    (1) The flow rate of landfill gas, QLFG, shall be determined 
by measuring the total landfill gas flow rate at the common header pipe 
that leads to the control device using a gas flow measuring device 
calibrated according to the provisions of section 4 of Method 2E of 
appendix A of this part.
    (2) The average NMOC concentration, CNMOC, shall be determined 
by collecting and analyzing landfill gas sampled from the common header 
pipe before the gas moving or condensate

[[Page 9924]]
removal equipment using the procedures in Method 25C or Method 18 of 
appendix A of this part. If using Method 18 of appendix A of this part, 
the minimum list of compounds to be tested shall be those published in 
the most recent Compilation of Air Pollutant Emission Factors (AP-42). 
The sample location on the common header pipe shall be before any 
condensate removal or other gas refining units. The landfill owner or 
operator shall divide the NMOC concentration from Method 25C of 
appendix A of this part by six to convert from CNMOC as carbon to 
CNMOC as hexane.
    (3) The owner or operator may use another method to determine 
landfill gas flow rate and NMOC concentration if the method has been 
approved by the Administrator as provided in Sec. 60.752(b)(2)(i)(B).
    (c) The owner or operator of each MSW landfill subject to the 
provisions of this subpart shall estimate the NMOC emission rate for 
comparison to the PSD major source and significance levels in 
Secs. 51.166 or 52.21 of this chapter using AP-42 or other approved 
measurement procedures. If a collection system, which complies with the 
provisions in Sec. 60.752(b)(2) is already installed, the owner or 
operator shall estimate the NMOC emission rate using the procedures 
provided in paragraph (b) of this section.
    (d) For the performance test required in Sec. 60.752(b)(2)(iii)(B), 
Method 25 or Method 18 of appendix A of this part shall be used to 
determine compliance with 98 weight-percent efficiency or the 20 ppmv 
outlet concentration level, unless another method to demonstrate 
compliance has been approved by the Administrator as provided by 
Sec. 60.752(b)(2)(i)(B). If using Method 18 of appendix A of this part, 
the minimum list of compounds to be tested shall be those published in 
the most recent Compilation of Air Pollutant Emission Factors (AP-42). 
The following equation shall be used to calculate efficiency:

Control Efficiency = (NMOCin - NMOCout)/(NMOCin)

where,

NMOCin = mass of NMOC entering control device
NMOCout = mass of NMOC exiting control device


Sec. 60.755   Compliance provisions.

    (a) Except as provided in Sec. 60.752(b)(2)(i)(B), the specified 
methods in paragraphs (a)(1) through (a)(6) of this section shall be 
used to determine whether the gas collection system is in compliance 
with Sec. 60.752(b)(2)(ii).
    (1) For the purposes of calculating the maximum expected gas 
generation flow rate from the landfill to determine compliance with 
Sec. 60.752(b)(2)(ii)(A)(1), one of the following equations shall be 
used. The k and Lo kinetic factors should be those published in 
the most recent Compilation of Air Pollutant Emission Factors (AP-42) 
or other site specific values demonstrated to be appropriate and 
approved by the Administrator. If k has been determined as specified in 
Sec. 60.754(a)(4), the value of k determined from the test shall be 
used. A value of no more than 15 years shall be used for the intended 
use period of the gas mover equipment. The active life of the landfill 
is the age of the landfill plus the estimated number of years until 
closure.
    (i) For sites with unknown year-to-year solid waste acceptance 
rate:

Qm = 2Lo R (e-kc - e-kt)

where,

Qm = maximum expected gas generation flow rate, cubic meters 
per year
Lo = methane generation potential, cubic meters per megagram 
solid waste
R = average annual acceptance rate, megagrams per year
k = methane generation rate constant, year-1
t = age of the landfill at equipment installation plus the time the 
owner or operator intends to use the gas mover equipment or active 
life of the landfill, whichever is less. If the equipment is 
installed after closure, t is the age of the landfill at 
installation, years
c = time since closure, years (for an active landfill c = O and 
e-kc = 1)

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR12MR96.026
    
where,

QM=maximum expected gas generation flow rate, cubic meters per 
year
k=methane generation rate constant, year-1
Lo=methane generation potential, cubic meters per megagram 
solid waste
Mi=mass of solid waste in the ith section, megagrams
ti=age of the ith section, years

    (iii) If a collection and control system has been installed, actual 
flow data may be used to project the maximum expected gas generation 
flow rate instead of, or in conjunction with, the equations in 
paragraphs (a)(1) (i) and (ii) of this section. If the landfill is 
still accepting waste, the actual measured flow data will not equal the 
maximum expected gas generation rate, so calculations using the 
equations in paragraphs (a)(1) (i) or (ii) or other methods shall be 
used to predict the maximum expected gas generation rate over the 
intended period of use of the gas control system equipment.
    (2) For the purposes of determining sufficient density of gas 
collectors for compliance with Sec. 60.752(b)(2)(ii)(A)(2), the owner 
or operator shall design a system of vertical wells, horizontal 
collectors, or other collection devices, satisfactory to the 
Administrator, capable of controlling and extracting gas from all 
portions of the landfill sufficient to meet all operational and 
performance standards.
    (3) For the purpose of demonstrating whether the gas collection 
system flow rate is sufficient to determine compliance with 
Sec. 60.752(b)(2)(ii)(A)(3), the owner or operator shall measure gauge 
pressure in the gas collection header at each individual well, monthly. 
If a positive pressure exists, action shall be initiated to correct the 
exceedance within 5 calendar days, except for the three conditions 
allowed under Sec. 60.753(b). If negative pressure cannot be achieved 
without excess air infiltration within 15 calendar days of the first 
measurement, the gas collection system shall be expanded to correct the 
exceedance within 120 days of the initial measurement of positive 
pressure. Any attempted corrective measure shall not cause exceedances 
of other operational or performance standards.
    (4) Owners or operators are not required to install additional 
wells as required in paragraph (a)(3) of this section during the first 
180 days after gas collection system start-up.
    (5) For the purpose of identifying whether excess air infiltration 
into the landfill is occurring, the owner or operator shall monitor 
each well monthly for temperature and nitrogen or oxygen as provided in 
Sec. 60.753(c). If a well exceeds one of these operating parameters, 
action shall be initiated to correct the exceedance within 5 calendar 
days. If correction of the exceedance cannot be achieved within 15 
calendar days of the first measurement, the gas collection system shall 
be expanded to correct the exceedance within 120 days of the initial 
exceedance. Any attempted corrective measure shall not cause 
exceedances of other operational or performance standards.
    (6) An owner or operator seeking to demonstrate compliance with 
Sec. 60.752(b)(2)(ii)(A)(4) through the use of a collection system not 
conforming to the specifications provided in Sec. 60.759 shall provide 
information satisfactory to the Administrator as specified in 
Sec. 60.752(b)(2)(i)(C) demonstrating that off-site migration is being 
controlled.

[[Page 9925]]

    (b) For purposes of compliance with Sec. 60.753(a), each owner or 
operator of a controlled landfill shall place each well or design 
component as specified in the approved design plan as provided in 
Sec. 60.752(b)(2)(i). Each well shall be installed within 60 days of 
the date in which the initial solid waste has been in place for a 
period of:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade.
    (c) The following procedures shall be used for compliance with the 
surface methane operational standard as provided in Sec. 60.753(d).
    (1) After installation of the collection system, the owner or 
operator shall monitor surface concentrations of methane along the 
entire perimeter of the collection area and along a serpentine pattern 
spaced 30 meters apart (or a site-specific established spacing) for 
each collection area on a quarterly basis using an organic vapor 
analyzer, flame ionization detector, or other portable monitor meeting 
the specifications provided in paragraph (d) of this section.
    (2) The background concentration shall be determined by moving the 
probe inlet upwind and downwind outside the boundary of the landfill at 
a distance of at least 30 meters from the perimeter wells.
    (3) Surface emission monitoring shall be performed in accordance 
with section 4.3.1 of Method 21 of appendix A of this part, except that 
the probe inlet shall be placed within 5 to 10 centimeters of the 
ground. Monitoring shall be performed during typical meteorological 
conditions.
    (4) Any reading of 500 parts per million or more above background 
at any location shall be recorded as a monitored exceedance and the 
actions specified in paragraphs (c)(4) (i) through (v) of this section 
shall be taken. As long as the specified actions are taken, the 
exceedance is not a violation of the operational requirements of 
Sec. 60.753(d).
    (i) The location of each monitored exceedance shall be marked and 
the location recorded.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent 
wells to increase the gas collection in the vicinity of each exceedance 
shall be made and the location shall be re-monitored within 10 calendar 
days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second 
exceedance, additional corrective action shall be taken and the 
location shall be monitored again within 10 days of the second 
exceedance. If the re-monitoring shows a third exceedance for the same 
location, the action specified in paragraph (c)(4)(v) of this section 
shall be taken, and no further monitoring of that location is required 
until the action specified in paragraph (c)(4)(v) has been taken.
    (iv) Any location that initially showed an exceedance but has a 
methane concentration less than 500 ppm methane above background at the 
10-day re-monitoring specified in paragraph (c)(4) (ii) or (iii) of 
this section shall be re-monitored 1 month from the initial exceedance. 
If the 1-month remonitoring shows a concentration less than 500 parts 
per million above background, no further monitoring of that location is 
required until the next quarterly monitoring period. If the 1-month 
remonitoring shows an exceedance, the actions specified in paragraph 
(c)(4) (iii) or (v) shall be taken.
    (v) For any location where monitored methane concentration equals 
or exceeds 500 parts per million above background three times within a 
quarterly period, a new well or other collection device shall be 
installed within 120 calendar days of the initial exceedance. An 
alternative remedy to the exceedance, such as upgrading the blower, 
header pipes or control device, and a corresponding timeline for 
installation may be submitted to the Administrator for approval.
    (5) The owner or operator shall implement a program to monitor for 
cover integrity and implement cover repairs as necessary on a monthly 
basis.
    (d) Each owner or operator seeking to comply with the provisions in 
paragraph (c) of this section shall comply with the following 
instrumentation specifications and procedures for surface emission 
monitoring devices:
    (1) The portable analyzer shall meet the instrument specifications 
provided in section 3 of Method 21 of appendix A of this part, except 
that ``methane'' shall replace all references to VOC.
    (2) The calibration gas shall be methane, diluted to a nominal 
concentration of 500 parts per million in air.
    (3) To meet the performance evaluation requirements in section 
3.1.3 of Method 21 of appendix A of this part, the instrument 
evaluation procedures of section 4.4 of Method 21 of appendix A of this 
part shall be used.
    (4) The calibration procedures provided in section 4.2 of Method 21 
of appendix A of this part shall be followed immediately before 
commencing a surface monitoring survey.
    (e) The provisions of this subpart apply at all times, except 
during periods of start-up, shutdown, or malfunction, provided that the 
duration of start-up, shutdown, or malfunction shall not exceed 5 days 
for collection systems and shall not exceed 1 hour for treatment or 
control devices.


Sec. 60.756  Monitoring of operations.

    Except as provided in Sec. 60.752(b)(2)(i)(B),
    (a) Each owner or operator seeking to comply with 
Sec. 60.752(b)(2)(ii)(A) for an active gas collection system shall 
install a sampling port and a thermometer or other temperature 
measuring device at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a 
monthly basis as provided in Sec. 60.755(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on 
a monthly basis as provided in Sec. 60.755(a)(5); and
    (3) Monitor temperature of the landfill gas on a monthly basis as 
provided in Sec. 60.755(a)(5).
    (b) Each owner or operator seeking to comply with 
Sec. 60.752(b)(2)(iii) using an enclosed combustor shall calibrate, 
maintain, and operate according to the manufacturer's specifications, 
the following equipment.
    (1) A temperature monitoring device equipped with a continuous 
recorder and having an accuracy of 1 percent of the 
temperature being measured expressed in degrees Celsius or 
0.5  deg.C, whichever is greater. A temperature monitoring 
device is not required for boilers or process heaters with design heat 
input capacity greater than 44 megawatts.
    (2) A gas flow rate measuring device that provides a measurement of 
gas flow to or bypass of the control device. The owner or operator 
shall either:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that shall record the flow to the control device at least every 
15 minutes; or
    (ii) Secure the bypass line valve in the closed position with a 
car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure that the valve is maintained in the closed position and 
that the gas flow is not diverted through the bypass line.
    (c) Each owner or operator seeking to comply with 
Sec. 60.752(b)(2)(iii) using an open flare shall install, calibrate, 
maintain, and operate according to the manufacturer's specifications 
the following equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or

[[Page 9926]]
thermocouple, at the pilot light or the flame itself to indicate the 
continuous presence of a flame.
    (2) A device that records flow to or bypass of the flare. The owner 
or operator shall either:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that shall record the flow to the control device at least every 
15 minutes; or
    (ii) Secure the bypass line valve in the closed position with a 
car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure that the valve is maintained in the closed position and 
that the gas flow is not diverted through the bypass line.
    (d) Each owner or operator seeking to demonstrate compliance with 
Sec. 60.752(b)(2)(iii) using a device other than an open flare or an 
enclosed combustor shall provide information satisfactory to the 
Administrator as provided in Sec. 60.752(b)(2)(i)(B) describing the 
operation of the control device, the operating parameters that would 
indicate proper performance, and appropriate monitoring procedures. The 
Administrator shall review the information and either approve it, or 
request that additional information be submitted. The Administrator may 
specify additional appropriate monitoring procedures.
    (e) Each owner or operator seeking to install a collection system 
that does not meet the specifications in Sec. 60.759 or seeking to 
monitor alternative parameters to those required by Sec. 60.753 through 
Sec. 60.756 shall provide information satisfactory to the Administrator 
as provided in Sec. 60.752(b)(2)(i) (B) and (C) describing the design 
and operation of the collection system, the operating parameters that 
would indicate proper performance, and appropriate monitoring 
procedures. The Administrator may specify additional appropriate 
monitoring procedures.
    (f) Each owner or operator seeking to demonstrate compliance with 
Sec. 60.755(c), shall monitor surface concentrations of methane 
according to the instrument specifications and procedures provided in 
Sec. 60.755(d). Any closed landfill that has no monitored exceedances 
of the operational standard in three consecutive quarterly monitoring 
periods may skip to annual monitoring. Any methane reading of 500 ppm 
or more above background detected during the annual monitoring returns 
the frequency for that landfill to quarterly monitoring.


Sec. 60.757  Reporting requirements.

    Except as provided in Sec. 60.752(b)(2)(i)(B),
    (a) Each owner or operator subject to the requirements of this 
subpart shall submit an initial design capacity report to the 
Administrator.
    (1) The initial design capacity report shall fulfill the 
requirements of the notification of the date construction is commenced 
as required under Sec. 60.7(a)(1) and shall be submitted no later than 
the earliest day from the following:
    (i) 90 days of the issuance of the State, Local, Tribal, or RCRA 
construction or operating permit; or
    (ii) 30 days of the date of construction or reconstruction as 
defined under Sec. 60.15; or
    (iii) 30 days of the initial acceptance of solid waste.
    (2) The initial design capacity report shall contain the following 
information:
    (i) A map or plot of the landfill, providing the size and location 
of the landfill, and identifying all areas where solid waste may be 
landfilled according to the provisions of the State, local, Tribal, or 
RCRA construction or operating permit;
    (ii) The maximum design capacity of the landfill. Where the maximum 
design capacity is specified in the State or local construction or RCRA 
permit, a copy of the permit specifying the maximum design capacity may 
be submitted as part of the report. If the maximum design capacity of 
the landfill is not specified in the permit, the maximum design 
capacity shall be calculated using good engineering practices. The 
calculations shall be provided, along with such parameters as depth of 
solid waste, solid waste acceptance rate, and compaction practices as 
part of the report. The State, Tribal, local agency or Administrator 
may request other reasonable information as may be necessary to verify 
the maximum design capacity of the landfill.
    (3) An amended design capacity report shall be submitted to the 
Administrator providing notification of any increase in the design 
capacity of the landfill, whether the increase results from an increase 
in the permitted area or depth of the landfill, a change in the 
operating procedures, or any other means which results in an increase 
in the maximum design capacity of the landfill above 2.5 million 
megagrams or 2.5 million cubic meters. The amended design capacity 
report shall be submitted within 90 days of the issuance of an amended 
construction or operating permit, or the placement of waste in 
additional land, or the change in operating procedures which will 
result in an increase in maximum design capacity, whichever occurs 
first.
    (b) Each owner or operator subject to the requirements of this 
subpart shall submit an NMOC emission rate report to the Administrator 
initially and annually thereafter, except as provided for in paragraphs 
(b)(1)(ii) or (b)(3) of this section. The Administrator may request 
such additional information as may be necessary to verify the reported 
NMOC emission rate.
    (1) The NMOC emission rate report shall contain an annual or 5-year 
estimate of the NMOC emission rate calculated using the formula and 
procedures provided in Sec. 60.754(a) or (b), as applicable.
    (i) The initial NMOC emission rate report shall be submitted within 
90 days of the date waste acceptance commences and may be combined with 
the initial design capacity report required in paragraph (a) of this 
section. Subsequent NMOC emission rate reports shall be submitted 
annually thereafter, except as provided for in paragraphs (b)(1)(ii) 
and (b)(3) of this section.
    (ii) If the estimated NMOC emission rate as reported in the annual 
report to the Administrator is less than 50 megagrams per year in each 
of the next 5 consecutive years, the owner or operator may elect to 
submit an estimate of the NMOC emission rate for the next 5-year period 
in lieu of the annual report. This estimate shall include the current 
amount of solid waste-in-place and the estimated waste acceptance rate 
for each year of the 5 years for which an NMOC emission rate is 
estimated. All data and calculations upon which this estimate is based 
shall be provided to the Administrator. This estimate shall be revised 
at least once every 5 years. If the actual waste acceptance rate 
exceeds the estimated waste acceptance rate in any year reported in the 
5-year estimate, a revised 5-year estimate shall be submitted to the 
Administrator. The revised estimate shall cover the 5-year period 
beginning with the year in which the actual waste acceptance rate 
exceeded the estimated waste acceptance rate.
    (2) The NMOC emission rate report shall include all the data, 
calculations, sample reports and measurements used to estimate the 
annual or 5-year emissions.
    (3) Each owner or operator subject to the requirements of this 
subpart is exempted from the requirements of paragraphs (b)(1) and (2) 
of this section, after the installation of a collection and control 
system in compliance with Sec. 60.752(b)(2), during such time as the 
collection and control system is in

[[Page 9927]]
operation and in compliance with Sec. Sec. 60.753 and 60.755.
    (c) Each owner or operator subject to the provisions of 
Sec. 60.752(b)(2)(i) shall submit a collection and control system 
design plan to the Administrator within 1 year of the first report, 
required under paragraph (b) of this section, in which the emission 
rate exceeds 50 megagrams per year, except as follows:
    (1) If the owner or operator elects to recalculate the NMOC 
emission rate after Tier 2 NMOC sampling and analysis as provided in 
Sec. 60.754(a)(3) and the resulting rate is less than 50 megagrams per 
year, annual periodic reporting shall be resumed, using the Tier 2 
determined site-specific NMOC concentration, until the calculated 
emission rate is equal to or greater than 50 megagrams per year or the 
landfill is closed. The revised NMOC emission rate report, with the 
recalculated emission rate based on NMOC sampling and analysis, shall 
be submitted within 180 days of the first calculated exceedance of 50 
megagrams per year.
    (2) If the owner or operator elects to recalculate the NMOC 
emission rate after determining a site-specific methane generation rate 
constant (k), as provided in Tier 3 in Sec. 60.754(a)(4), and the 
resulting NMOC emission rate is less than 50 Mg/yr, annual periodic 
reporting shall be resumed. The resulting site-specific methane 
generation rate constant (k) shall be used in the emission rate 
calculation until such time as the emissions rate calculation results 
in an exceedance. The revised NMOC emission rate report based on the 
provisions of Sec. 60.754(a)(4) and the resulting site-specific methane 
generation rate constant (k) shall be submitted to the Administrator 
within 1 year of the first calculated emission rate exceeding 50 
megagrams per year.
    (d) Each owner or operator of a controlled landfill shall submit a 
closure report to the Administrator within 30 days of waste acceptance 
cessation. The Administrator may request additional information as may 
be necessary to verify that permanent closure has taken place in 
accordance with the requirements of 40 CFR 258.60. If a closure report 
has been submitted to the Administrator, no additional wastes may be 
placed into the landfill without filing a notification of modification 
as described under Sec. 60.7(a)(4).
    (e) Each owner or operator of a controlled landfill shall submit an 
equipment removal report to the Administrator 30 days prior to removal 
or cessation of operation of the control equipment.
    (1) The equipment removal report shall contain all of the following 
items:
    (i) A copy of the closure report submitted in accordance with 
paragraph (d) of this section;
    (ii) A copy of the initial performance test report demonstrating 
that the 15 year minimum control period has expired; and
    (iii) Dated copies of three successive NMOC emission rate reports 
demonstrating that the landfill is no longer producing 50 megagrams or 
greater of NMOC per year.
    (2) The Administrator may request such additional information as 
may be necessary to verify that all of the conditions for removal in 
Sec. 60.752(b)(2)(v) have been met.
    (f) Each owner or operator of a landfill seeking to comply with 
Sec. 60.752(b)(2) using an active collection system designed in 
accordance with Sec. 60.752(b)(2)(ii) shall submit to the Administrator 
annual reports of the recorded information in (f)(1) through (f)(6) of 
this paragraph. The initial annual report shall be submitted within 180 
days of installation and start-up of the collection and control system, 
and shall include the initial performance test report required under 
Sec. 60.8. For enclosed combustion devices and flares, reportable 
exceedances are defined under Sec. 60.758(c).
    (1) Value and length of time for exceedance of applicable 
parameters monitored under Sec. 60.756(a), (b), (c), and (d).
    (2) Description and duration of all periods when the gas stream is 
diverted from the control device through a bypass line or the 
indication of bypass flow as specified under Sec. 60.756.
    (3) Description and duration of all periods when the control device 
was not operating for a period exceeding 1 hour and length of time the 
control device was not operating.
    (4) All periods when the collection system was not operating in 
excess of 5 days.
    (5) The location of each exceedance of the 500 parts per million 
methane concentration as provided in Sec. 60.753(d) and the 
concentration recorded at each location for which an exceedance was 
recorded in the previous month.
    (6) The date of installation and the location of each well or 
collection system expansion added pursuant to paragraphs (a)(3), (b), 
and (c)(4) of Sec. 60.755.
    (g) Each owner or operator seeking to comply with 
Sec. 60.752(b)(2)(i) shall include the following information with the 
initial performance test report required under Sec. 60.8:
    (1) A diagram of the collection system showing collection system 
positioning including all wells, horizontal collectors, surface 
collectors, or other gas extraction devices, including the locations of 
any areas excluded from collection and the proposed sites for the 
future collection system expansion;
    (2) The data upon which the sufficient density of wells, horizontal 
collectors, surface collectors, or other gas extraction devices and the 
gas mover equipment sizing are based;
    (3) The documentation of the presence of asbestos or nondegradable 
material for each area from which collection wells have been excluded 
based on the presence of asbestos or nondegradable material;
    (4) The sum of the gas generation flow rates for all areas from 
which collection wells have been excluded based on nonproductivity and 
the calculations of gas generation flow rate for each excluded area; 
and
    (5) The provisions for increasing gas mover equipment capacity with 
increased gas generation flow rate, if the present gas mover equipment 
is inadequate to move the maximum flow rate expected over the life of 
the landfill; and
    (6) The provisions for the control of off-site migration.


Sec. 60.758  Recordkeeping requirements.

    Except as provided in Sec. 60.752(b)(2)(i)(B),
    (a) Each owner or operator of an MSW landfill subject to the 
provisions of Sec. 60.752(b) shall keep for at least 5 years up-to-
date, readily accessible, on-site records of the maximum design 
capacity, the current amount of solid waste in-place, and the year-by-
year waste acceptance rate. Off-site records may be maintained if they 
are retrievable within 4 hours. Either paper copy or electronic formats 
are acceptable.
    (b) Each owner or operator of a controlled landfill shall keep up-
to-date, readily accessible records for the life of the control 
equipment of the data listed in paragraphs (b)(1) through (b)(4) of 
this section as measured during the initial performance test or 
compliance determination. Records of subsequent tests or monitoring 
shall be maintained for a minimum of 5 years. Records of the control 
device vendor specifications shall be maintained until removal.
    (1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(ii):
    (i) The maximum expected gas generation flow rate as calculated in 
Sec. 60.755(a)(1). The owner or operator may use another method to 
determine the maximum gas generation flow rate,

[[Page 9928]]
if the method has been approved by the Administrator.
    (ii) The density of wells, horizontal collectors, surface 
collectors, or other gas extraction devices determined using the 
procedures specified in Sec. 60.759(a)(1).
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(iii) 
through use of an enclosed combustion device other than a boiler or 
process heater with a design heat input capacity greater than 44 
megawatts:
    (i) The average combustion temperature measured at least every 15 
minutes and averaged over the same time period of the performance test.
    (ii) The percent reduction of NMOC determined as specified in 
Sec. 60.752(b)(2)(iii)(B) achieved by the control device.
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with 
Sec. 60.752(b)(2)(iii)(B)(1) through use of a boiler or process heater 
of any size: a description of the location at which the collected gas 
vent stream is introduced into the boiler or process heater over the 
same time period of the performance testing.
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(iii)(A) 
through use of an open flare, the flare type (i.e., steam-assisted, 
air-assisted, or nonassisted), all visible emission readings, heat 
content determination, flow rate or bypass flow rate measurements, and 
exit velocity determinations made during the performance test as 
specified in Sec. 60.18; continuous records of the flare pilot flame or 
flare flame monitoring and records of all periods of operations during 
which the pilot flame of the flare flame is absent.
    (c) Each owner or operator of a controlled landfill subject to the 
provisions of this subpart shall keep for 5 years up-to-date, readily 
accessible continuous records of the equipment operating parameters 
specified to be monitored in Sec. 60.756 as well as up-to-date, readily 
accessible records for periods of operation during which the parameter 
boundaries established during the most recent performance test are 
exceeded.
    (1) The following constitute exceedances that shall be recorded and 
reported under Sec. 60.757(f):
    (i) For enclosed combustors except for boilers and process heaters 
with design heat input capacity of 44 megawatts (150 million British 
thermal unit per hour) or greater, all 3-hour periods of operation 
during which the average combustion temperature was more than 28 oC 
below the average combustion temperature during the most recent 
performance test at which compliance with Sec. 60.752(b)(2)(iii) was 
determined.
    (ii) For boilers or process heaters, whenever there is a change in 
the location at which the vent stream is introduced into the flame zone 
as required under paragraph (b)(3)(i) of this section.
    (2) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible continuous records of 
the indication of flow to the control device or the indication of 
bypass flow or records of monthly inspections of car-seals or lock-and-
key configurations used to seal bypass lines, specified under 
Sec. 60.756.
    (3) Each owner or operator subject to the provisions of this 
subpart who uses a boiler or process heater with a design heat input 
capacity of 44 megawatts or greater to comply with 
Sec. 60.752(b)(2)(iii) shall keep an up-to-date, readily accessible 
record of all periods of operation of the boiler or process heater. 
(Examples of such records could include records of steam use, fuel use, 
or monitoring data collected pursuant to other State, local, Tribal, or 
Federal regulatory requirements.)
    (4) Each owner or operator seeking to comply with the provisions of 
this subpart by use of an open flare shall keep up-to-date, readily 
accessible continuous records of the flame or flare pilot flame 
monitoring specified under Sec. 60.756(c), and up-to-date, readily 
accessible records of all periods of operation in which the flame or 
flare pilot flame is absent.
    (d) Each owner or operator subject to the provisions of this 
subpart shall keep for the life of the collection system an up-to-date, 
readily accessible plot map showing each existing and planned collector 
in the system and providing a unique identification location label for 
each collector.
    (1) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of the 
installation date and location of all newly installed collectors as 
specified under Sec. 60.755(b).
    (2) Each owner or operator subject to the provisions of this 
subpart shall keep readily accessible documentation of the nature, date 
of deposition, amount, and location of asbestos-containing or 
nondegradable waste excluded from collection as provided in 
Sec. 60.759(a)(3)(i) as well as any nonproductive areas excluded from 
collection as provided in Sec. 60.759(a)(3)(ii).
    (e) Each owner or operator subject to the provisions of this 
subpart shall keep for at least 5 years up-to-date, readily accessible 
records of all collection and control system exceedances of the 
operational standards in Sec. 60.753, the reading in the subsequent 
month whether or not the second reading is an exceedance, and the 
location of each exceedance.


Sec. 60.759  Specifications for active collection systems.

    (a) Each owner or operator seeking to comply with 
Sec. 60.752(b)(2)(i) shall site active collection wells, horizontal 
collectors, surface collectors, or other extraction devices at a 
sufficient density throughout all gas producing areas using the 
following procedures unless alternative procedures have been approved 
by the Administrator as provided in Sec. 60.752(b)(2)(i)(C) and (D):
    (1) The collection devices within the interior and along the 
perimeter areas shall be certified to achieve comprehensive control of 
surface gas emissions by a professional engineer. The following issues 
shall be addressed in the design: depths of refuse, refuse gas 
generation rates and flow characteristics, cover properties, gas system 
expandibility, leachate and condensate management, accessibility, 
compatibility with filling operations, integration with closure end 
use, air intrusion control, corrosion resistance, fill settlement, and 
resistance to the refuse decomposition heat.
    (2) The sufficient density of gas collection devices determined in 
paragraph (a)(1) of this section shall address landfill gas migration 
issues and augmentation of the collection system through the use of 
active or passive systems at the landfill perimeter or exterior.
    (3) The placement of gas collection devices determined in paragraph 
(a)(1) of this section shall control all gas producing areas, except as 
provided by paragraphs (a)(3)(i) and (a)(3)(ii) of this section.
    (i) Any segregated area of asbestos or nondegradable material may 
be excluded from collection if documented as provided under 
Sec. 60.758(d). The documentation shall provide the nature, date of 
deposition, location and amount of asbestos or nondegradable material 
deposited in the area, and shall be provided to the Administrator upon 
request.
    (ii) Any nonproductive area of the landfill may be excluded from 
control, provided that the total of all excluded areas can be shown to 
contribute less than 1 percent of the total amount of NMOC emissions 
from the landfill. The

[[Page 9929]]
amount, location, and age of the material shall be documented and 
provided to the Administrator upon request. A separate NMOC emissions 
estimate shall be made for each section proposed for exclusion, and the 
sum of all such sections shall be compared to the NMOC emissions 
estimate for the entire landfill. Emissions from each section shall be 
computed using the following equation:

Qi = 2 k Lo Mi (e-kti) (CNMOC) (3.6  x  
10-9)

where,

Qi = NMOC emission rate from the ith section, megagrams 
per year
k = methane generation rate constant, year-1
Lo = methane generation potential, cubic meters per megagram 
solid waste
Mi = mass of the degradable solid waste in the ith 
section, megagram
ti = age of the solid waste in the ith section, years
CNMOC = concentration of nonmethane organic compounds, parts 
per million by volume
3.6 x 10-9 = conversion factor

    (iii) The values for k, Lo, and CNMOC determined in field 
testing shall be used, if field testing has been performed in 
determining the NMOC emission rate or the radii of influence. If field 
testing has not been performed, the default values for k, Lo and 
CNMOC provided in Sec. 60.754(a)(1) shall be used. The mass of 
nondegradable solid waste contained within the given section may be 
subtracted from the total mass of the section when estimating emissions 
provided the nature, location, age, and amount of the nondegradable 
material is documented as provided in paragraph (a)(3)(i) of this 
section.
    (b) Each owner or operator seeking to comply with 
Sec. 60.752(b)(2)(i)(A) shall construct the gas collection devices 
using the following equipment or procedures:
    (1) The landfill gas extraction components shall be constructed of 
polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, 
fiberglass, stainless steel, or other nonporous corrosion resistant 
material of suitable dimensions to: convey projected amounts of gases; 
withstand installation, static, and settlement forces; and withstand 
planned overburden or traffic loads. The collection system shall extend 
as necessary to comply with emission and migration standards. 
Collection devices such as wells and horizontal collectors shall be 
perforated to allow gas entry without head loss sufficient to impair 
performance across the intended extent of control. Perforations shall 
be situated with regard to the need to prevent excessive air 
infiltration.
    (2) Vertical wells shall be placed so as not to endanger underlying 
liners and shall address the occurrence of water within the landfill. 
Holes and trenches constructed for piped wells and horizontal 
collectors shall be of sufficient cross-section so as to allow for 
their proper construction and completion including, for example, 
centering of pipes and placement of gravel backfill. Collection devices 
shall be designed so as not to allow indirect short circuiting of air 
into the cover or refuse into the collection system or gas into the 
air. Any gravel used around pipe perforations should be of a dimension 
so as not to penetrate or block perforations.
    (3) Collection devices may be connected to the collection header 
pipes below or above the landfill surface. The connector assembly shall 
include a positive closing throttle valve, any necessary seals and 
couplings, access couplings and at least one sampling port. The 
collection devices shall be constructed of PVC, HDPE, fiberglass, 
stainless steel, or other nonporous material of suitable thickness.
    (c) Each owner or operator seeking to comply with 
Sec. 60.752(b)(2)(i)(A) shall convey the landfill gas to a control 
system in compliance with Sec. 60.752(b)(2)(iii) through the collection 
header pipe(s). The gas mover equipment shall be sized to handle the 
maximum gas generation flow rate expected over the intended use period 
of the gas moving equipment using the following procedures:
    (1) For existing collection systems, the flow data shall be used to 
project the maximum flow rate. If no flow data exists, the procedures 
in paragraph (c)(2) of this section shall be used.
    (2) For new collection systems, the maximum flow rate shall be in 
accordance with Sec. 60.755(a)(1).
    10. Part 60 is further amended by adding Methods 2E, 3C and 25C to 
appendix A as follows:

Appendix A--Reference Methods

* * * * *

Method 2E--Determination of Landfill Gas; Gas Production Flow Rate

1. Applicability and Principle

    1.1  Applicability. This method applies to the measurement of 
landfill gas (LFG) production flow rate from municipal solid waste 
(MSW) landfills and is used to calculate the flow rate of nonmethane 
organic compounds (NMOC) from landfills. This method also applies to 
calculating a site-specific k value as provided in 
Sec. 60.754(a)(4). It is unlikely that a site-specific k value 
obtained through Method 2E testing will lower the annual emission 
estimate below 50 Mg/yr NMOC unless the Tier 2 emission estimate is 
only slightly higher than 50 Mg/yr NMOC. Dry, arid regions may show 
a more significant difference between the default and calculated k 
values than wet regions.
    1.2  Principle. Extraction wells are installed either in a 
cluster of three or at five locations dispersed throughout the 
landfill. A blower is used to extract LFG from the landfill. LFG 
composition, landfill pressures near the extraction well, and 
volumetric flow rate of LFG extracted from the wells are measured 
and the landfill gas production flow rate is calculated.

2. Apparatus

    2.1  Well Drilling Rig. Capable of boring a 0.6 meters diameter 
hole into the landfill to a minimum of 75 percent of the landfill 
depth. The depth of the well shall not exceed the bottom of the 
landfill or the liquid level.
    2.2  Gravel. No fines. Gravel diameter should be appreciably 
larger than perforations stated in sections 2.10 and 3.2 of this 
method.
    2.3  Bentonite.
    2.4  Backfill Material. Clay, soil, and sandy loam have been 
found to be acceptable.
    2.5  Extraction Well Pipe. Polyvinyl chloride (PVC), high 
density polyethylene (HDPE), fiberglass, stainless steel, or other 
suitable nonporous material capable of transporting landfill gas 
with a minimum diameter of 0.075 meters and suitable wall-thickness.
    2.6  Wellhead Assembly. Valve capable of adjusting gas flow at 
the wellhead and outlet, and a flow measuring device, such as an in-
line orifice meter or pitot tube. A schematic of the wellhead 
assembly is shown in figure 1.

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[[Page 9930]]
[GRAPHIC] [TIFF OMITTED] TR12MR96.018



BILLING CODE 6560-50-C

[[Page 9931]]

    2.7  Cap. PVC, HDPE, fiberglass, stainless steel, or other 
suitable nonporous material capable of transporting landfill gas 
with a suitable wall-thickness.
    2.8  Header Piping. PVC, HDPE, fiberglass, stainless steel, or 
other suitable nonporous material capable of transporting landfill 
gas with a suitable wall-thickness.
    2.9  Auger. Capable of boring a 0.15 to 0.23 meters diameter 
hole to a depth equal to the top of the perforated section of the 
extraction well, for pressure probe installation.
    2.10  Pressure Probe. PVC or stainless steel (316), 0.025 
meters. Schedule 40 pipe. Perforate the bottom two thirds. A minimum 
requirement for perforations is slots or holes with an open area 
equivalent to four 6.0 millimeter diameter holes spaced 90 deg. 
apart every 0.15 meters.
    2.11  Blower and Flare Assembly. A water knockout, flare or 
incinerator, and an explosion-proof blower, capable of extracting 
LFG at a flow rate of at least 8.5 cubic meters per minute.
    2.12  Standard Pitot Tube and Differential Pressure Gauge for 
Flow Rate Calibration with Standard Pitot. Same as Method 2, 
sections 2.1 and 2.8.
    2.13  Gas flow measuring device. Permanently mounted Type S 
pitot tube or an orifice meter.
    2.14  Barometer. Same as Method 4, section 2.1.5.
    2.15  Differential Pressure Gauge. Water-filled U-tube manometer 
or equivalent, capable of measuring within 0.02 mm Hg, for measuring 
the pressure of the pressure probes.

3. Procedure

    3.1  Placement of Extraction Wells. The landfill owner or 
operator shall either install a single cluster of three extraction 
wells in a test area or space five wells over the landfill. The 
cluster wells are recommended but may be used only if the 
composition, age of the solid waste, and the landfill depth of the 
test area can be determined. CAUTION: Since this method is complex, 
only experienced personnel should conduct the test. Landfill gas 
contains methane, therefore explosive mixtures may exist at or near 
the landfill. It is advisable to take appropriate safety precautions 
when testing landfills, such as installing explosion-proof equipment 
and refraining from smoking.
    3.1.1  Cluster Wells. Consult landfill site records for the age 
of the solid waste, depth, and composition of various sections of 
the landfill. Select an area near the perimeter of the landfill with 
a depth equal to or greater than the average depth of the landfill 
and with the average age of the solid waste between 2 and 10 years 
old. Avoid areas known to contain nondecomposable materials, such as 
concrete and asbestos. Locate wells as shown in figure 2.
    Because the age of the solid waste in a test area will not be 
uniform, calculate a weighted average to determine the average age 
of the solid waste as follows.

[GRAPHIC] [TIFF OMITTED] TR12MR96.027


where,

Aavg=average age of the solid waste tested, year
fi=fraction of the solid waste in the ith section
Ai=age of the ith fraction, year

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[[Page 9932]]
[GRAPHIC] [TIFF OMITTED] TR12MR96.019



BILLING CODE 6560-50-P

[[Page 9933]]

    3.1.2  Equal Volume Wells. This procedure is used when the 
composition, age of solid waste, and landfill depth are not well 
known. Divide the portion of the landfill that has had waste for at 
least 2 years into five areas representing equal volumes. Locate an 
extraction well near the center of each area. Avoid areas known to 
contain nondecomposable materials, such as concrete and asbestos.
    3.2  Installation of Extraction Wells. Use a well drilling rig 
to dig a 0.6 meters diameter hole in the landfill to a minimum of 75 
percent of the landfill depth, not to exceed the bottom of the 
landfill or the water table. Perforate the bottom two thirds of the 
extraction well pipe. Perforations shall not be closer than 6 meters 
from the cover. Perforations shall be holes or slots with an open 
area equivalent to 1.0 centimeter diameter holes spaced 90 degrees 
apart every 0.1 to 0.2 meters. Place the extraction well in the 
center of the hole and backfill with 2.0 to 7.5 centimeters gravel 
to a level 0.3 meters above the perforated section. Add a layer of 
backfill material 1.2 meters thick. Add a layer of bentonite 1.0 
meter thick, and backfill the remainder of the hole with cover 
material or material equal in permeability to the existing cover 
material. The specifications for extraction well installation are 
shown in figure 3.

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[[Page 9934]]
[GRAPHIC] [TIFF OMITTED] TR12MR96.020



BILLING CODE 6560-50-C

[[Page 9935]]

    3.3  Pressure Probes. Shallow pressure probes are used in the 
check for infiltration of air into the landfill, and deep pressure 
probes are used to determine the radius of influence. Locate the 
deep pressure probes along three radial arms approximately 120 
degrees apart at distances of 3, 15, 30, and 45 meters from the 
extraction well. The tester has the option of locating additional 
pressure probes at distances every 15 meters beyond 45 meters. 
Example placements of probes are shown in figure 4.
    The probes located 15, 30, and 45 meters from each well, and any 
additional probes located along the three radial arms (deep probes), 
shall extend to a depth equal to the top of the perforated section 
of the extraction wells. Locate three shallow probes at a distance 
of 3 m from the extraction well. Shallow probes shall extend to a 
depth equal to half the depth of the deep probes.

BILLING CODE 6560-50-P
      

[[Page 9936]]
[GRAPHIC] [TIFF OMITTED] TR12MR96.021


BILLING CODE 6560-50-C

[[Page 9937]]

    Use an auger to dig a hole, approximately 0.15 to 0.23 meters in 
diameter, for each pressure probe. Perforate the bottom two thirds 
of the pressure probe. Perforations shall be holes or slots with an 
open area equivalent to four 6.0 millimeter diameter holes spaced 90 
degrees apart every 0.15 meters. Place the pressure probe in the 
center of the hole and backfill with gravel to a level 0.30 meters 
above the perforated section. Add a layer of backfill material at 
least 1.2 meters thick. Add a layer of bentonite at least 0.3 meters 
thick, and backfill the remainder of the hole with cover material or 
material equal in permeability to the existing cover material. The 
specifications for pressure probe installation are shown in figure 
5.

BILLING CODE 6560-50-P
      

[[Page 9938]]
[GRAPHIC] [TIFF OMITTED] TR12MR96.022


BILLING CODE 6560-50-C

[[Page 9939]]

    3.4  LFG Flow Rate Measurement. Determine the flow rate of LFG 
from the test wells continuously during testing with an orifice 
meter. Alternative methods to measure the LFG flow rate may be used 
with approval of the Administrator. Locate the orifice meter as 
shown in figure 1. Attach the wells to the blower and flare 
assembly. The individual wells may be ducted to a common header so 
that a single blower and flare assembly and flow meter may be used. 
Use the procedures in section 4.1 to calibrate the flow meter.
    3.5  Leak Check. A leak check of the above ground system is 
required for accurate flow rate measurements and for safety. Sample 
LFG at the wellhead sample port and at a point downstream of the 
flow measuring device. Use Method 3C to determine nitrogen (N2) 
concentrations. Determine the difference by using the formula below.

Difference=Co-Cw

where,

Co=concentration of N2 at the outlet, ppmv
Cw=concentration of N2 at the wellhead, ppmv

    The system passes the leak check if the difference is less than 
10,000 ppmv. If the system fails the leak check, make the 
appropriate adjustments to the above ground system and repeat the 
leak check.
    3.6  Static Testing. The purpose of the static testing is to 
determine the initial conditions of the landfill. Close the control 
valves on the wells so that there is no flow of landfill gas from 
the well. Measure the gauge pressure (Pg) at each deep pressure 
probe and the barometric pressure (Pbar) every 8 hours for 3 
days. Convert the gauge pressure of each deep pressure probe to 
absolute pressure by using the following equation. Record as 
Pi.

Pi=Pbar+Pg

where,

Pbar=Atmospheric pressure, mm Hg
Pg=Gauge pressure of the deep probes, mm Hg
Pi=Initial absolute pressure of the deep probes during static 
testing, mm Hg

    3.6.1  For each probe, average all of the 8 hr deep pressure 
probe readings and record as Pia. The Pia is used in 
section 3.7.6 to determine the maximum radius of influence.
    3.6.2  Measure the LFG temperature and the static flow rate of 
each well once during static testing using a flow measurement 
device, such as a Type S pitot tube and measure the temperature of 
the landfill gas. The flow measurements should be made either just 
before or just after the measurements of the probe pressures and are 
used in determining the initial flow from the extraction well during 
the short term testing. The temperature measurement is used in the 
check for infiltration.
    3.7  Short Term Testing. The purpose of short term testing is to 
determine the maximum vacuum that can be applied to the wells 
without infiltration of air into the landfill. The short term 
testing is done on one well at a time. During the short term 
testing, burn LFG with a flare or incinerator.
    3.7.1  Use the blower to extract LFG from a single well at a 
rate at least twice the static flow rate of the respective well 
measured in section 3.6.2. If using a single blower and flare 
assembly and a common header system, close the control valve on the 
wells not being measured. Allow 24 hours for the system to stabilize 
at this flow rate.
    3.7.2  Check for infiltration of air into the landfill by 
measuring the temperature of the LFG at the wellhead, the gauge 
pressures of the shallow pressure probes, and the LFG N2 
concentration by using Method 3C. CAUTION: Increased vacuum at the 
wellhead may cause infiltration of air into the landfill, which 
increases the possibility of a landfill fire. Infiltration of air 
into the landfill may occur if any of the following conditions are 
met: the LFG N2 concentration is more than 20 percent, any of 
the shallow probes have a negative gauge pressure, or the 
temperature has increased above 55 deg.C or the maximum established 
temperature during static testing. If infiltration has not occurred, 
increase the blower vacuum by 4 mm Hg, wait 24 hours, and repeat the 
infiltration check. If at any time, the temperature change exceeds 
the limit, stop the test until it is safe to proceed. Continue the 
above steps of increasing blower vacuum by 4 mm Hg, waiting 24 
hours, and checking for infiltration until the concentration of 
N2 exceeds 20 percent or any of the shallow probes have a 
negative gauge pressure, at which time reduce the vacuum at the 
wellhead so that the N2 concentration is less than 20 percent 
and the gauge pressures of the shallow probes are positive. This is 
the maximum vacuum at which infiltration does not occur.
    3.7.3  At this maximum vacuum, measure Pbar every 8 hours 
for 24 hours and record the LFG flow rate as Qs and the probe 
gauge pressures for all of the probes as Pf. Convert the gauge 
pressures of the deep probes to absolute pressures for each 8-hour 
reading at Qs as follows:

P=Pbar+Pf

where,

Pbar=Atmospheric pressure, mm Hg
Pf=Final absolute pressure of the deep probes during short term 
testing, mm Hg
P=Pressure of the deep probes, mm Hg

    3.7.4  For each probe, average the 8-hr deep pressure probe 
readings and record as Pfa.
    3.7.5  For each probe, compare the initial average pressure 
(Pia) from section 3.6.1 to the final average pressure 
(Pfa). Determine the furthermost point from the wellhead along 
each radial arm where Pfa  Pia. This distance 
is the maximum radius of influence (ROI), which is the distance from 
the well affected by the vacuum. Average these values to determine 
the average maximum radius of influence (Rma).
    The average Rma may also be determined by plotting on semi-
log paper the pressure differentials (Pfa-Pia) on the y-
axis (abscissa) versus the distances (3, 15, 30 and 45 meters) from 
the wellhead on the x-axis (ordinate). Use a linear regression 
analysis to determine the distance when the pressure differential is 
zero. Additional pressure probes may be used to obtain more points 
on the semi-long plot of pressure differentials versus distances.
    3.7.6  Calculate the depth (Dst) affected by the extraction 
well during the short term test as follows. If the computed value of 
Dst exceeds the depth of the landfill, set Dst equal to 
the landfill depth.

Dst=WD + Rma2

where,

Dst=depth, m
WD=well depth, m
Rma=maximum radius of influence, m

    3.7.7  Calculate the void volume for the extraction well (V) as 
follows.

V=0.40  Rma2 Dst

where,

V=void volume of test well, m3
Rma=maximum radius of influence, m
Dst=depth, m

    3.7.8  Repeat the procedures in section 3.7 for each well.
    3.8  Calculate the total void volume of the test wells (Vv) 
by summing the void volumes (V) of each well.
    3.9  Long Term Testing. The purpose of long term testing is to 
determine the methane generation rate constant, k. Use the blower to 
extract LFG from the wells. If a single blower and flare assembly 
and common header system are used, open all control valves and set 
the blower vacuum equal to the highest stabilized blower vacuum 
demonstrated by any individual well in section 3.7. Every 8 hours, 
sample the LFG from the wellhead sample port, measure the gauge 
pressures of the shallow pressure probes, the blower vacuum, the LFG 
flow rate, and use the criteria for infiltration in section 3.7.2 
and Method 3C to check for infiltration. If infiltration is 
detected, do not reduce the blower vacuum, but reduce the LFG flow 
rate from the well by adjusting the control valve on the wellhead. 
Adjust each affected well individually. Continue until the 
equivalent of two total void volumes (Vv) have been extracted, 
or until Vt=2 Vv.
    3.9.1  Calculate Vt, the total volume of LFG extracted from 
the wells, as follows.
[GRAPHIC] [TIFF OMITTED] TR12MR96.028

where,

Vt=total volume of LFG extracted from wells, m3
Qi=LFG flow rate measured at orifice meter at the ith 
interval, cubic meters per minute
tvi=time of the ith interval, hour (usually 8)

    3.9.2  Record the final stabilized flow rate as Qf. If, 
during the long term testing, the flow rate does not stabilize, 
calculate Qf by averaging the last 10 recorded flow rates.
    3.9.3  For each deep probe, convert each gauge pressure to 
absolute pressure as in section 3.7.4. Average these values and 
record as Psa. For each probe, compare Pia to Psa. 
Determine the furthermost point from the wellhead along each radial 
arm where Psa  Pia. This distance is the 
stabilized radius of influence. Average these values to determine 
the average stabilized radius of influence (Rsa).
    3.10  Determine the NMOC mass emission rate using the procedures 
in section 5.
    3.11  Deactivation of pressure probe holes. Upon completion of 
measurements, if pressure probes are removed, restore the

[[Page 9940]]
integrity of the landfill cover by backfilling and sealing to 
prevent venting of LFG to the atmosphere or air infiltration.

4. Calibrations

    Gas Flow Measuring Device Calibration Procedure. Locate a 
standard pitot tube in line with a gas flow measuring device. Use 
the procedures in Method 2D, section 4, to calibrate the orifice 
meter. Method 3C may be used to determine the dry molecular weight. 
It may be necessary to calibrate more than one gas flow measuring 
device to bracket the landfill gas flow rates. Construct a 
calibration curve by plotting the pressure drops across the gas flow 
measuring device for each flow rate versus the average dry gas 
volumetric flow rate in cubic meters per minute of the gas. Use this 
calibration curve to determine the volumetric flow from the wells 
during testing.

5. Calculations

    5.1  Nomenclature.

Aavg=average age of the solid waste tested, year
Ai=age of solid waste in the ith fraction, year
A=age of landfill, year
Ar=acceptance rate, megagrams per year
CNMOC=NMOC concentration, ppmv as hexane (CNMOC=Ct/6)
Ct=NMOC concentration, ppmv (carbon equivalent) from Method 25C
D = depth affected by the test wells, m
Dst=depth affected by the test wells in the short term test, m
DLF=landfill depth, m
f = fraction of decomposable solid waste in the landfill
fi=fraction of the solid waste in the ith section
k=methane generation rate constant, year-1
Lo=methane generation potential, cubic meters per megagram
Lo=revised methane generation potential to account for the 
amount of nondecomposable material in the landfill, cubic meters per 
megagram
Mi=mass of solid waste of the ith section, megagrams
Mr=mass of decomposable solid waste affected by the test well, 
megagrams
Mw=number of wells
Pbar=atmospheric pressure, mm Hg
Pg=gauge pressure of the deep pressure probes, mm Hg
Pi=initial absolute pressure of the deep pressure probes during 
static testing, mm Hg
Pia=average initial absolute pressure of the deep pressure 
probes during static testing, mm Hg
Pf=final absolute pressure of the deep pressure probes during 
short term testing, mm Hg
Pfa=average final absolute pressure of the deep pressure probes 
during short term testing, mm Hg
Ps=final absolute pressure of the deep pressure probes during 
long term testing, mm Hg
Psa=average final absolute pressure of the deep pressure probes 
during long term testing, mm Hg
QB=required blow flow rate, cubic meters per minute
Qf=final stabilized flow rate, cubic meters per minute
Qi=LFG flow rate measured at orifice meter during the ith 
interval, cubic meters per minute
Qs=maximum LFG flow rate at each well determined by short term 
test, cubic meters per minute
Qt=NMOC mass emission rate, cubic meters per minute
Rm=maximum radius of influence, m
Rma=average maximum radius of influence, m
Rs=stabilized radius of influence for an individual well, m
Rsa=average stabilized radius of influence, m
ti=age of section i, year
tt=total time of long term testing, year
V=void volume of test well, m3
Vr=volume of solid waste affected by the test well, m3
Vt=total volume of solid waste affected by the long term 
testing, m3
Vv=total void volume affected by test wells, m3
WD=well depth, m
=solid waste density, m3 (Assume 0.64 megagrams per 
cubic meter if data are unavailable)

    5.2  Use the following equation to calculate the depth affected 
by the test well. If using cluster wells, use the average depth of 
the wells for WD. If the value of D is greater than the depth of the 
landfill, set D equal to the landfill depth.

D=WD+Rsa

    5.3  Use the following equation to calculate the volume of solid 
waste affected by the test well.

Vr=Rsa2  D

    5.4  Use the following equation to calculate the mass affected 
by the test well.

Mr=Vr

    5.5  Modify Lo to account for the nondecomposable solid 
waste in the landfill.

Lo'=f Lo

    5.6  In the following equation, solve for k by iteration. A 
suggested procedure is to select a value for k, calculate the left 
side of the equation, and if not equal to zero, select another value 
for k. Continue this process until the left hand side of the 
equation equals zero, #0.001.
[GRAPHIC] [TIFF OMITTED] TR12MR96.029

      
    5.7  Use the following equation to determine landfill NMOC mass 
emission rate if the yearly acceptance rate of solid waste has been 
consistent (10 percent) over the life of the landfill.

Qt = 2 Lo' Ar (1 - e-k A) CNMOC / (5.256 
x  1011)

    5.8  Use the following equation to determine landfill NMOC mass 
emission rate if the acceptance rate has not been consistent over 
the life of the landfill.
[GRAPHIC] [TIFF OMITTED] TR12MR96.030

6. Bibliography

    1. Same as Method 2, appendix A, 40 CFR part 60.
    2. Emcon Associates, Methane Generation and Recovery from 
Landfills. Ann Arbor Science, 1982.
    3. The Johns Hopkins University, Brown Station Road Testing and 
Gas Recovery Projections. Laurel, Maryland: October 1982.
    4. Mandeville and Associates, Procedure Manual for Landfill 
Gases Emission Testing.
    5. Letter and attachments from Briggum, S., Waste Management of 
North America, to Thorneloe, S., EPA. Response to July 28, 1988 
request for additional information. August 18,1988.
    6. Letter and attachments from Briggum, S., Waste Management of 
North America, to Wyatt, S., EPA. Response to December 7, 1988 
request for additional information. January 16, 1989.
* * * * *

Method 3C--Determination of Carbon Dioxide, Methane, Nitrogen, and 
Oxygen From Stationary Sources

1. Applicability and Principle

    1.1  Applicability. This method applies to the analysis of 
carbon dioxide (CO2), methane (CH4), nitrogen (N2), 
and oxygen (O2) in samples from municipal solid waste landfills 
and other sources when specified in an applicable subpart.
    1.2  Principle. A portion of the sample is injected into a gas 
chromatograph (GC) and the CO2, CH4, N2, and O2 
concentrations are determined by using a thermal conductivity 
detector (TCD) and integrator.

2. Range and Sensitivity

    2.1  Range. The range of this method depends upon the 
concentration of samples. The analytical range of TCD's is generally 
between approximately 10 ppmv and the upper percent range.
    2.2  Sensitivity. The sensitivity limit for a compound is 
defined as the minimum detectable concentration of that compound, or 
the concentration that produces a signal-to-noise ratio of three to 
one. For CO2, CH4, N2, and O2, the sensitivity 
limit is in the low ppmv range.

3. Interferences

    Since the TCD exhibits universal response and detects all gas 
components except the carrier, interferences may occur. Choosing the 
appropriate GC or shifting the retention times by changing the 
column flow rate may help to eliminate resolution interferences.
    To assure consistent detector response, helium is used to 
prepare calibration gases. Frequent exposure to samples or carrier 
gas containing oxygen may gradually destroy filaments.

4. Apparatus

    4.1  Gas Chromatograph. GC having at least the following 
components:
    4.1.1  Separation Column. Appropriate column(s) to resolve 
CO2, CH4, N2, O2, and other gas components that 
may be present in the sample.
    4.1.2  Sample Loop. Teflon or stainless steel tubing of the 
appropriate diameter.

[[Page 9941]]
Note: Mention of trade names or specific products does not 
constitute endorsement or recommendation by the U. S. Environmental 
Protection Agency.
    4.1.3  Conditioning System. To maintain the column and sample 
loop at constant temperature.
    4.1.4  Thermal Conductivity Detector.
    4.2  Recorder. Recorder with linear strip chart. Electronic 
integrator (optional) is recommended.
    4.3  Teflon Tubing. Diameter and length determined by connection 
requirements of cylinder regulators and the GC.
    4.4  Regulators. To control gas cylinder pressures and flow 
rates.
    4.5  Adsorption Tubes. Applicable traps to remove any O2 
from the carrier gas.

5. Reagents

    5.1  Calibration and Linearity Gases. Standard cylinder gas 
mixtures for each compound of interest with at least three 
concentration levels spanning the range of suspected sample 
concentrations. The calibration gases shall be prepared in helium.
    5.2  Carrier Gas. Helium, high-purity.

6. Analysis

    6.1  Sample Collection. Use the sample collection procedures 
described in Methods 3 or 25C to collect a sample of landfill gas 
(LFG).
    6.2  Preparation of GC. Before putting the GC analyzer into 
routine operation, optimize the operational conditions according to 
the manufacturer's specifications to provide good resolution and 
minimum analysis time. Establish the appropriate carrier gas flow 
and set the detector sample and reference cell flow rates at exactly 
the same levels. Adjust the column and detector temperatures to the 
recommended levels. Allow sufficient time for temperature 
stabilization. This may typically require 1 hour for each change in 
temperature.
    6.3  Analyzer Linearity Check and Calibration. Perform this test 
before sample analysis. Using the gas mixtures in section 5.1, 
verify the detector linearity over the range of suspected sample 
concentrations with at least three points per compound of interest. 
This initial check may also serve as the initial instrument 
calibration. All subsequent calibrations may be performed using a 
single-point standard gas provided the calibration point is within 
20 percent of the sample component concentration. For each 
instrument calibration, record the carrier and detector flow rates, 
detector filament and block temperatures, attenuation factor, 
injection time, chart speed, sample loop volume, and component 
concentrations. Plot a linear regression of the standard 
concentrations versus area values to obtain the response factor of 
each compound. Alternatively, response factors of uncorrected 
component concentrations (wet basis) may be generated using 
instrumental integration. Note: Peak height may be used instead of 
peak area throughout this method.
    6.4  Sample Analysis. Purge the sample loop with sample, and 
allow to come to atmospheric pressure before each injection. Analyze 
each sample in duplicate, and calculate the average sample area (A). 
The results are acceptable when the peak areas for two consecutive 
injections agree within 5 percent of their average. If they do not 
agree, run additional samples until consistent area data are 
obtained. Determine the tank sample concentrations according to 
section 7.2.

7. Calculations

    Carry out calculations retaining at least one extra decimal 
figure beyond that of the acquired data. Round off results only 
after the final calculation.
    7.1  Nomenclature.

A = average sample area
Bw = moisture content in the sample, fraction
C = component concentration in the sample, dry basis, ppmv
Ct = calculated NMOC concentration, ppmv C equivalent
Ctm = measured NMOC concentration, ppmv C equivalent
Pbar = barometric pressure, mm Hg
Pti = gas sample tank pressure after evacuation, mm Hg absolute
Pt = gas sample tank pressure after sampling, but before 
pressurizing, mm Hg absolute
Ptf = final gas sample tank pressure after pressurizing, mm Hg 
absolute
Pw = vapor pressure of H2O (from table 3C-1), mm Hg
Tti = sample tank temperature before sampling,  deg.K
Tt = sample tank temperature at completion of sampling,  deg.K
Ttf = sample tank temperature after pressurizing,  deg.K
r = total number of analyzer injections of sample tank during 
analysis (where j = injection number, 1 . . . r)
R = Mean calibration response factor for specific sample component, 
area/ppmv

                    Table 3C-1.--Moisture Correction                    
------------------------------------------------------------------------
                                                                Vapor   
                     Temperature  deg.C                      Pressure of
                                                              H2O, mm Hg
------------------------------------------------------------------------
4..........................................................          6.1
6..........................................................          7.0
8..........................................................          8.0
10.........................................................          9.2
12.........................................................         10.5
14.........................................................         12.0
16.........................................................         13.6
18.........................................................         15.5
20.........................................................         17.5
22.........................................................         19.8
24.........................................................         22.4
26.........................................................         25.2
28.........................................................         28.3
30.........................................................         31.8
------------------------------------------------------------------------

    7.2  Concentration of Sample Components. Calculate C for each 
compound using Equations 3C-1 and 3C-2. Use the temperature and 
barometric pressure at the sampling site to calculate Bw. If the 
sample was diluted with helium using the procedures in Method 25C, 
use Equation 3C-3 to calculate the concentration.
[GRAPHIC] [TIFF OMITTED] TR12MR96.031

8. Bibliography

    1. McNair, H.M., and E.J. Bonnelli. Basic Gas Chromatography. 
Consolidated Printers, Berkeley, CA. 1969.
* * * * *

Method 25C--Determination of Nonmethane Organic Compounds (NMOC) in MSW 
Landfill Gases

1. Applicability and Principle

    1.1  Applicability. This method is applicable to the sampling 
and measurement of nonmethane organic compounds (NMOC) as carbon in 
MSW landfill gases.
    1.2  Principle. A sample probe that has been perforated at one 
end is driven or augered to a depth of 1.0 meter below the bottom of 
the landfill cover. A sample of the landfill gas is extracted with 
an evacuated cylinder. The NMOC content of the gas is determined by 
injecting a portion of the gas into a gas chromatographic column to 
separate the NMOC from carbon monoxide (CO), carbon dioxide 
(CO2), and methane (CH4); the NMOC are oxidized to 
CO2, reduced to CH4, and measured by a flame ionization 
detector (FID). In this manner, the variable response of the FID 
associated with different types of organics is eliminated.

2. Apparatus

    2.1  Sample Probe. Stainless steel, with the bottom third 
perforated. The sample probe shall be capped at the bottom and shall 
have a threaded cap with a sampling attachment at the top. The 
sample probe shall be long enough to go through and extend no less 
than 1.0 meter below the landfill cover. If the sample probe is to 
be driven into the landfill, the bottom cap should be designed to 
facilitate driving the probe into the landfill.
    2.2  Sampling Train.
    2.2.1  Rotameter with Flow Control Valve. Capable of measuring a 
sample flow rate of 500 ml/min or less (30.53.1 m\3\/
min). The control valve shall be made of stainless steel.
    2.2.2  Sampling Valve. Stainless steel.
    2.2.3  Pressure Gauge. U-tube mercury manometer, or equivalent, 
capable of measuring pressure to within 1 mm Hg in the range of 0 to 
1,100 mm Hg.
    2.2.4  Sample Tank. Stainless steel or aluminum cylinder, with a 
minimum volume of 4 liters and equipped with a stainless steel 
sample tank valve.
    2.3  Vacuum Pump. Capable of evacuating to an absolute pressure 
of 10 mm Hg.
    2.4  Purging Pump. Portable, explosion proof, and suitable for 
sampling NMOC.

[[Page 9942]]

    2.5  Pilot Probe Procedure. The following are needed only if the 
tester chooses to use the procedure described in section 4.2.1.
    2.5.1  Pilot Probe. Tubing of sufficient strength to withstand 
being driven into the landfill by a post driver and an outside 
diameter of at least 6.0 millimeters smaller than the sample probe. 
The pilot probe shall be capped on both ends and long enough to go 
through the landfill cover and extend no less than 1.0 meter into 
the landfill.
    2.5.2  Post Driver and Compressor. Capable of driving the pilot 
probe and the sampling probe into the landfill.
    2.6  Auger Procedure. The following are needed only if the 
tester chooses to use the procedure described in section 4.2.2.
    2.6.1  Auger. Capable of drilling through the landfill cover and 
to a depth of no less than 0.9 meters into the landfill.
    2.6.2  Pea Gravel.
    2.6.3  Bentonite.
    2.7  NMOC Analyzer, Barometer, Thermometer, and Syringes. Same 
as in sections 2.3, 2.4.1, 2.4.2, 2.4.4, respectively, of Method 25.

3. Reagents

    3.1  NMOC Analysis. Same as in Method 25, section 3.2.
    3.2  Calibration. Same as in Method 25, section 3.4, except omit 
section 3.4.3.

4. Procedure

    4.1  Sample Tank Evacuation and Leak Check. Conduct the sample 
tank evacuation and leak check either in the laboratory or the 
field. Connect the pressure gauge and sampling valve to the sample 
tank. Evacuate the sample tank to 10 mm Hg absolute pressure or 
less. Close the sampling valve, and allow the tank to sit for 60 
minutes. The tank is acceptable if no change is noted. Include the 
results of the leak check in the test report.
    4.2  Sample Probe Installation. The tester may use the procedure 
in sections 4.2.1 or 4.2.2. CAUTION: Since this method is complex, 
only experienced personnel should perform this test. LFG contains 
methane, therefore explosive mixtures may exist on or near the 
landfill. It is advisable to take appropriate safety precautions 
when testing landfills, such as refraining from smoking and 
installing explosion-proof equipment.
    4.2.1  Pilot Probe Procedure. Use the post driver to drive the 
pilot probe at least 1.0 meter below the landfill cover. Alternative 
procedures to drive the probe into the landfill may be used subject 
to the approval of the Administrator.
    Remove the pilot probe and drive the sample probe into the hole 
left by the pilot probe. The sample probe shall extend not less than 
1.0 meter below the landfill cover and shall protrude about 0.3 
meters above the landfill cover. Seal around the sampling probe with 
bentonite and cap the sampling probe with the sampling probe cap.
    4.2.2  Auger Procedure. Use an auger to drill a hole through the 
landfill cover and to at least 1.0 meter below the landfill cover. 
Place the sample probe in the hole and backfill with pea gravel to a 
level 0.6 meters from the surface. The sample probe shall protrude 
at least 0.3 meters above the landfill cover. Seal the remaining 
area around the probe with bentonite. Allow 24 hours for the 
landfill gases to equilibrate inside the augered probe before 
sampling.
    4.3  Sample Train Assembly. Prepare the sample by evacuating and 
filling the sample tank with helium three times. After the third 
evacuation, charge the sample tank with helium to a pressure of 
approximately 325 mm Hg. Record the pressure, the ambient 
temperature, and the barometric pressure. Assemble the sampling 
probe purging system as shown in figure 1.

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    4.4  Sampling Procedure. Open the sampling valve and use the 
purge pump and the flow control valve to evacuate at least two 
sample probe volumes from the system at a flow rate of 500 ml/min or 
less (30.53.1 m\3\/min). Close the sampling valve and 
replace the purge pump with the sample tank apparatus as shown in 
figure 2. Open the sampling valve and the sample tank valves and, 
using the flow control valve, sample at a flow rate of 500 ml/min or 
less (30.53.1 m\3\/min) until the sample tank gauge 
pressure is zero. Disconnect the sampling tank apparatus and use the 
carrier gas bypass valve to pressurize the sample cylinder to 
approximately 1,060 mm Hg absolute pressure with helium and record 
the final pressure. Alternatively, the sample tank may be 
pressurized in the lab. If not analyzing for N2, the sample 
cylinder may be pressurized with zero air. Use Method 3C to 
determine the percent N2 in the sample. Presence of N2 
indicates infiltration of ambient air into the gas sample. The 
landfill sample is acceptable if the concentration of N2 is 
less than 20 percent.


[[Page 9943]]
[GRAPHIC] [TIFF OMITTED] TR12MR96.024



    4.5  Analysis. The oxidation, reduction, and measurement of NMOC 
is similar to Method 25. Before putting the NMOC analyzer into 
routine operation, conduct an initial performance test. Start the 
analyzer, and perform all the necessary functions to put the 
analyzer into proper working order. Conduct the performance test 
according to the procedures established in section 5.1. Once the 
performance test has been successfully completed and the NMOC 
calibration response factor has been determined, proceed with sample 
analysis as follows:
    4.5.1  Daily Operations and Calibration Checks. Before and 
immediately after the analysis of each set of samples or on a daily 
basis (whichever occurs first), conduct a calibration test according 
to the procedures established in section 5.2. If the criteria of the 
daily calibration test cannot be met, repeat the NMOC analyzer 
performance test (section 5.1) before proceeding.
    4.5.2  Operating Conditions. Same as in Method 25, section 
4.4.2.
    4.5.3  Analysis of Sample Tank. Purge the sample loop with 
sample, and then inject the sample. Under the specified operating 
conditions, the CO2 in the sample will elute in approximately 
100 seconds. As soon as the detector response returns to baseline 
following the CO2 peak, switch the carrier gas flow to 
backflush, and raise the column oven temperature to 195  deg.C as 
rapidly as possible. A rate of 30  deg.C/min has been shown to be 
adequate. Record the value obtained for any measured NMOC. Return 
the column oven temperature to 85  deg.C in preparation for the next 
analysis. Analyze each sample in triplicate, and report the average 
as Ctm.
    4.6  Audit Samples. Same as in Method 25, section 4.5.
    4.7  Deactivation of Sample Probe Holes. Once sampling has taken 
place, either plug the sampling probes with a cap or remove the 
probes and refill the hole with cover material.

5. Calibration and Operational Checks

    Maintain a record of performance of each item.
    5.1  Initial NMOC Analyzer Performance Test. Same as in Method 
25, section 5.2, except omit the linearity checks for CO2 
standards.
    5.2  NMOC Analyzer Daily Calibration. NMOC response factors, 
same as in Method 25, section 5.3.2.

6. Calculations

    All equations are written using absolute pressure; absolute 
pressures are determined by adding the measured barometric pressure 
to the measured gauge of manometer pressure.
    6.1  Nomenclature.

Bw=moisture content in the sample, fraction
CN2=measured N2 concentration, fraction
Ct=calculated NMOC concentration, ppmv C equivalent
Ctm=measured NMOC concentration, ppmv C equivalent
Pb=barometric pressure, mm Hg
Pti=gas sample tank pressure before sampling, mm Hg absolute
Pt=gas sample tank pressure at completion of sampling, but 
before pressurizing, mm Hg absolute
Ptf=final gas sample tank pressure after pressurizing, mm Hg 
absolute
Pw=vapor pressure of H2O (from table 25C-1), mm Hg
Tti=sample tank temperature before sampling,  deg.K
Tt=sample tank temperature at completion of sampling, but 
before pressuring,  deg.K
Ttf=sample tank temperature after pressurizing,  deg.K
r=total number of analyzer injections of sample tank during analysis 
(where j=injection number, 1. . .r)

    6.2  Water Correction. Use table 25C-1, the LFG temperature, and 
barometric pressure at the sampling site to calculate Bw.
[GRAPHIC] [TIFF OMITTED] TR12MR96.032


                    Table 25C-1.--Moisture Correction                   
------------------------------------------------------------------------
                                                                Vapor   
                    Temperature,  deg.C                      Pressure of
                                                              H2O, mm Hg
------------------------------------------------------------------------
4..........................................................          6.1
6..........................................................          7.0
8..........................................................          8.0
1..........................................................          9.2
12.........................................................         10.5
14.........................................................         12.0
16.........................................................         13.6
18.........................................................         15.5
20.........................................................         17.5
22.........................................................         19.8
24.........................................................         22.4
26.........................................................         25.2
28.........................................................         28.3
30.........................................................         31.8
------------------------------------------------------------------------

    6.3  NMOC Concentration. Use the following equation to calculate 
the concentration of NMOC for each sample tank.

[[Page 9944]]
[GRAPHIC] [TIFF OMITTED] TR12MR96.033



7. Bibliography

    1. Salon, Albert E., Samuel Witz, and Robert D. MacPhee. 
Determination of Solvent Vapor Concentrations by Total Combustion 
Analysis: A Comparison of Infrared with Flame Ionization Detectors. 
Paper No. 75-33.2. (Presented at the 68th Annual Meeting of the Air 
Pollution Control Association. Boston, Massachusetts. June 15-20, 
1975.) p. 14.
    2. Salon, Albert E., William L. Oaks, and Robert D. MacPhee. 
Measuring the Organic Carbon Content of Source Emissions for Air 
Pollution Control. Paper No. 74-190. (Presented at the 67th Annual 
Meeting of the Air Pollution Control Association. Denver, Colorado. 
June 9-13, 1974.) p. 25.

[FR Doc. 96-5529 Filed 3-11-96; 8:45 am]
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