[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Rules and Regulations]
[Pages 9258-9262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2988]



[[Page 9257]]

_______________________________________________________________________

Part IV





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 60



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

  Federal Register / Vol. 64, No. 36 / Wednesday, February 24, 1999 / 
Rules and Regulations  

[[Page 9258]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6231-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendments and corrections.

-----------------------------------------------------------------------

SUMMARY: The EPA is amending the CFR to correct errors made in the 
direct final rule, ``Standards of Performance for New Stationary 
Sources and Guidelines for Control of Existing Sources: Municipal Solid 
Waste Landfills,'' published in the Federal Register on June 16, 1998. 
The direct final rule amended, corrected errors, and clarified 
regulatory text of the final rule, which was published on March 12, 
1996 (63 FR 32743). Today's action further clarifies the regulatory 
text and corrects errors. Industry sectors likely to be affected 
include Air and Water Resource and Solid Waste Management, and Refuse 
Systems--Solid Waste Landfills (North American Industrial 
Classification System codes 92411 and 562212).

DATES: These amendments are effective February 24, 1999.

ADDRESSEES: Air Docket. Docket A-88-09 contains the supporting 
information for the original New Source Performance Standards (NSPS) 
and Emission Guidelines (EG), the direct final rule, and this action 
and is available for public inspection and copying between 8 a.m and 
5:30 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, or by calling (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: Ms. Michele Laur, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone (919) 541-5256. For implementation issues, contact 
Mary Ann Warner, Program Review Group, Information Transfer and Program 
Integration Group (MD-12), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, telephone (919) 541-1192. 
For information on the Landfill model, contact Susan Thorneloe through 
the Internet at [email protected]. For information concerning 
applicability and rule determinations, contact the appropriate regional 
representative:

Region I:
    Greg Roscoe, Air Programs Compliance Branch Chief, U.S. EPA/ASO, 
Region I, JFK Federal Building, Boston, MA 02203, (617) 565-3221
Region II:
    Christine DeRosa, U.S. EPA, Region II, 290 Broadway, 25th Floor, 
New York, NY 10007-1866, (212) 637-4022
Region III:
    James Topsale, U.S. EPA/3AP22, Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, (215) 814-2190
Region IV:
    R. Douglas Neeley, Chief, Air and Radiation Technology Branch, U.S. 
EPA, Region IV, 61 Forsyth St., SW, Atlanta, GA 30303, (404) 562-9105
Region V:
    George T. Czerniak, Jr., Air Enforcement Branch Chief, U.S. EPA/
5AE-26, Region V, 77 West Jackson Street, Chicago, IL 60604, (312) 353-
2088
Region VI:
    John R. Hepola, Air Enforcement Branch Chief, U.S. EPA, Region VI, 
1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733, (214) 655-7220
Region VII:
    Ward Burns, U.S. EPA/RME, Region VII, 726 Minnesota Avenue/
ARTDAPCO, Kansas City, KS 66101-2728, (913) 551-7960
Region VIII:
    Vicki Stamper, U.S. EPA, Region VIII, 999 18th Street, Suite 500, 
Denver, CO 80202-2466, (303) 312-6445
Region IX:
    Patricia Bowlin, U.S. EPA/RM HAN/17211, Region IX, 75 Hawthorne 
Street/AIR-4, San Francisco, CA, (415) 744-1188
Region X:
    Catherine Woo, U.S. EPA, Region X, Office of Air Quality Planning, 
and Standards-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-1814

Technology Transfer Network Web

    The EPA Technology Transfer Network Web (TTN Web) is a collection 
of technical websites containing information about many areas of air 
pollution science, technology, and regulation. The TTN Web provides 
information and technology exchange for the public and EPA staff in 
various areas of air pollution control. New air regulations are posted 
on the TTN Web through the world wide web at ``http://www.epa.gov/
ttn.'' For more information on the TTN Web, call the HELP line at (919) 
541-5384.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    The entities potentially affected by this action include:

------------------------------------------------------------------------
                Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry and Local Government Agencies,  Existing municipal solid waste
 NAICS codes 92411 (Air and Water         landfills where solid waste
 Resource and Solid Waste Management)     from households is placed in
 and 562212 (Refuse Systems--Solid        or on land. Waste from
 Waste Landfills).                        commercial or industrial
                                          operations may be mixed with
                                          the household waste.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be interested in the 
amendments and corrections to the regulation affected by this action. 
While the landfills NSPS and emission guidelines (40 CFR part 60, 
subparts Cc and WWW) will primarily impact facilities in North American 
Industrial Classification System (NAICS) codes 92411 and 562212, or in 
the old Standard Industrial Classification (SIC) code 4953, not all 
facilities in these codes will be affected. To determine if your 
landfill is affected by the landfill NSPS or emission guidelines, see 
40 CFR part 60, subparts Cc and WWW, or the technical amendments 
published on June 16, 1998 (63 FR 32743).

Background

    On March 12, 1996 (61 FR 9919), the EPA promulgated in the Federal 
Register standards of performance for new sources (NSPS) for municipal 
solid waste landfills and emission guidelines for existing municipal 
solid waste landfills. These regulations and guidelines were 
promulgated as

[[Page 9259]]

subparts WWW and Cc of 40 CFR part 60.
    This notice clarifies a definition and the reporting requirements 
of the emission guidelines and corrects typographical errors which 
appeared in the direct final notice published on June 16, 1998 (63 FR 
32743).

I. Description of Changes

A. Definitions

    The NSPS applies to landfills that commence construction, 
modification, or reconstruction on or after May 30, 1991 (the proposal 
date for this NSPS and EG). A definition of modification was added in 
the direct final rule: modification means an increase in permitted 
volume design capacity of the landfill by either horizontal or vertical 
expansion based on its permitted design capacity as of May 30, 1991. 
The definition is specific to landfills but is not consistent with the 
intent of 40 CFR 60.14 of the part 60 general provisions. (See 63 FR 
32743.) In this notice, EPA is amending the definition of modification 
by adding a sentence to clarify that modification does not occur until 
the owner or operator commences construction on the horizontal or 
vertical expansion. This is consistent with the part 60 general 
provisions and the definition of new source in section 111(a)(2) of the 
Clean Air Act (Act), as well as Sec. 60.750(a) of subpart WWW (the 
NSPS).

B. Reporting

    The EPA is clarifying when the design capacity and NMOC emission 
rate reports must be submitted for existing facilities. Section 60.35c 
of the promulgated emission guidelines requires the same reporting and 
recordkeeping as Secs. 60.757 and 60.758 of the NSPS. Sections 
60.33c(a)(2) of the emission guidelines also refers to design capacity 
reports. However, these sections do not address when the reports are 
due for existing sources. Section 60.758 specifies that for new 
sources, a design capacity report and initial NMOC emission rate report 
(if required) are due 90 days after promulgation of the NSPS or 90 days 
after a source commences construction, modification, or reconstruction. 
To be consistent with these dates and with the date that existing 
sources become subject to Title V permitting requirements, as specified 
in Sec. 60.32c(c), and the dates provided in the EPA guidance document 
for State plans (EPA-456R/96-005), EPA is clarifying that for existing 
sources, the initial design capacity report is due 90 days after the 
effective date of EPA's approval of a State plan. For sources with 
design capacities greater than or equal to 2.5 million Mg and 2.5 
million cubic meters, the initial NMOC emission rate report is due at 
the same time. To accomplish these clarifications, paragraphs (d) and 
(e) have been added to Sec. 60.33c to describe the design capacity and 
emission rate reporting requirements applicable to existing sources, 
and paragraphs (a) and (b) have been added to Sec. 60.35c to specify 
the dates these reports are due.

II. Typographical Errors

    Tables 3 and 5 in the direct final preamble (63 FR 32748-32749) 
contained typographical errors. The units for the small size cutoff 
(column 1) are stated to be in milligrams (mg); however, the values 
presented are actually in megagrams (Mg). In table 5, the final two 
columns show the ``MNOC average cost eff.'' and the ``MNOC incremental 
cost eff.'' These two columns should read ``NMOC'' for nonmethane 
organic compounds, rather than ``MNOC''. These tables are corrected and 
provided below for clarification.
    A typographical error in the final rule amendment text (63 FR 
32753) is also being corrected. In the amendments to 
Sec. 60.759(a)(3)(iii), the term ``CNMOC'' is corrected to 
read ``CNMOC,'' meaning the concentration of nonmethane 
organic compounds.

          Table 3.--Alternative Design Capacity Exemption Level Options for the Emission Guidelines a,b
----------------------------------------------------------------------------------------------------------------
                                                                 Annual
                                       Number    Annual NMOC    methane    Annual cost      NMOC         NMOC
      Small size cutoff  (Mg)        landfills     emission     emission   (million $/    average    Incremental
                                      affected   reduction c  reduction d      yr)       cost eff.    cost eff.
                                                    (Mg/yr)      (Mg/yr)                   ($/Mg)       ($/Mg)
----------------------------------------------------------------------------------------------------------------
Baselinee.........................  ...........  ...........  ...........  ...........  ...........  ...........
3,000,000.........................          273       73,356    3,220,000           84        1,145        1,145
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 cutofff........................        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 guideline.
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
                                       Number    Annual NMOC    methane    Annual cost      NMOC         NMOC
      Small size cutoff  (Mg)        landfills     emission     emission    e (million    average    Incremental
                                      affected   reduction c  reduction d     $/yr)      cost eff.   cost eff. f
                                                    (Mg/yr)      (Mg/yr)                   ($/Mg)       ($/Mg)
----------------------------------------------------------------------------------------------------------------
Baseline g........................  ...........  ...........  ...........  ...........  ...........  ...........
3,000,000.........................           41        4,900      193,000            4          816           NA
2,500,000.........................           43        4,900      193,000            4          816           NA
1,000,000.........................           89        4,900      193,000            4          816           NA
No cutoff h.......................          872       13,115      881,000           81        6,176           NA
----------------------------------------------------------------------------------------------------------------
a Emission rate cutoff level of 50 Mg NMOC/yr.

[[Page 9260]]

 
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.

III. Administrative

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NSPS were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB control number 1557.03) may be obtained 
from Sandy Farmer, OP Regulatory Information Division; U.S. 
Environmental Protection Agency (2137); 401 M Street, SW; Washington, 
DC 20460 or by calling (202) 260-2740.
    Today's clarifications to the NSPS should have no impact on the 
information collection burden estimates made previously. This document 
clarifies the reporting requirements without adding new requirements. 
Consequently, the ICR has not been revised.

B. Executive Order 12866: A Significant Regulatory Action Determination

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the proposed regulatory action is 
``significant,'' and therefore, subject to OMB review and the 
requirements of this Executive Order. The Order defines ``significant'' 
regulatory action as one that is likely to lead to a rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, public health or safety in 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 entitlements, 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 set forth in 
the Executive Order.
    It has been determined that this action is not ``significant'' 
because none of the listed criteria apply to this action. Therefore, 
today's notice did not require OMB review.

C. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements, unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    Today's action is not subject to notice and comment rulemaking 
requirements and therefore is not subject to the Regulatory Flexibility 
Act. However, for the reasons discussed in the March 12, 1996 Federal 
Register (60 FR 9918), this rule does not have a significant impact on 
a substantial number of small entities. Today's action clarifies the 
reporting requirements in the Standards of Performance for New 
Stationary Sources and Guidelines for Control of Existing Sources: 
Municipal Solid Waste Landfills and does not include any provisions 
that create a burden for any of the regulated entities.
    The clarifications in today's action do not increase the stringency 
of the rule or add additional control requirements. Nor is the scope of 
the rule changed so as to bring any entities not previously subject to 
the rule within its scope or coverage. Today's action does not alter 
control, monitoring, recordkeeping, or reporting requirements of the 
promulgated rule.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for the proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives 
of the rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows the EPA 
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation of why that alternative 
was not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of the EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that today's action does not include a 
Federal mandate that may result in estimated costs of $100 million or 
more to either State, local, or tribal governments in the aggregate or 
to the private sector. Therefore, the requirements of the Unfunded 
Mandates Act do not apply to today's action.

E. Executive Order 12875: Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, the EPA may not issue a regulation 
that is not required by statute and that creates a mandate upon a 
State, local, or tribal government unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments, or the EPA consults with those 
governments. If the EPA complies by consulting, Executive Order 12875 
requires the EPA to provide the Office of Management and Budget (OMB) a 
description of the extent of the EPA's prior consultation with 
representatives of affected State, local, and tribal governments, the 
nature of their concerns, copies of any written

[[Page 9261]]

communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires the EPA to develop an effective process permitting elected 
officials and other representatives of State, local, and tribal 
governments to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.
    The EPA held consultations and prepared such a statement at the 
time of promulgation of subpart Cc and WWW (60 FR 9913, March 12, 
1996). Today's action consists of clarifications that do not create a 
mandate on State, local, or tribal governments. Therefore, the 
requirements of Executive Order 12875 do not apply to today's action.

F. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    Executive Order 13045 applies to any rule that the EPA determines 
(1) is economically significant as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has a disproportionate effect on children. If the regulatory action 
meets both criteria, the EPA must evaluate the environmental health or 
safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the EPA.
    Today's action is not subject to Executive Order 13045 because it 
does not involve decisions on environmental health or safety risks that 
may disproportionately affect children.

G. Executive Order 13084: Consultation and Coordination with Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian Tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    This action does not significantly or uniquely affect communities 
of Indian tribal governments. The EPA has determined that this final 
rule does not include any new Federal mandates or additional 
requirements above those previously considered during promulgation of 
the 1996 emission guidelines and NSPS. Accordingly, the requirements of 
section 3(b) of Executive Order 13084 do not apply to this rule.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA) directs all Federal agencies to use voluntary 
consensus standards instead of government-unique standards in their 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., material specifications, test methods, 
sampling and analytical procedures, business practices, etc.) that are 
developed or adopted by one or more voluntary consensus standards 
bodies. Examples of organizations generally regarded as voluntary 
consensus standards bodies include the American Society for Testing and 
Materials (ASTM), the National Fire Protection Association (NFPA), and 
the Society of Automotive Engineers (SAE). The NTTAA requires Federal 
agencies like EPA to provide Congress, through OMB, with explanations 
when an agency decides not to use available and applicable voluntary 
consensus standards.
    Today's action does not involve any new technical standards or the 
incorporation by reference of existing technical standards. Therefore, 
consideration of voluntary consensus standards is not relevant to this 
action.

I. Immediate Effective Date

    The EPA is making today's action effective immediately. The EPA has 
determined that the rule changes being made in today's action are not 
subject to notice and comment requirements. In addition, the rule 
change is a type of technical correction, since it clarifies the rule 
to be consistent with EPA's intentions stated in the rule's preamble 
and other documents. Notice and opportunity for comment is not required 
for such technical corrections. The EPA has also determined that this 
rule may be made effective in less than 30 days because it is 
interpretive, and relieves restrictions. See 5 U.S.C. 553(d) (1)and 
(2).

J. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Municipal solid 
waste landfills.

    Dated: January 25, 1999.
Robert Perciasepe,
Assistant Administrator, OAR.

    Part 62, Chapter 1, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.

Subpart Cc--[Amended]

    2. Amend Sec. 60.33c as follows:
    a. In paragraph (a)(2), remove the words ``submitted with the 
report'' and add, in its place, ``submitted with the design capacity 
report''.
    b. Add paragraphs (d) and (e) to read as follows:


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

* * * * *
    (d) For approval, a State plan shall require 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

[[Page 9262]]

volume to submit an initial design capacity report to the Administrator 
as provided in Sec. 60.757(a)(2) of subpart WWW by the date specified 
in Sec. 60.35c of this subpart. 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. Submittal of the initial design capacity 
report shall fulfill the requirements of this subpart except as 
provided in paragraph (d)(1) and (d)(2) of this section.
    (1) The owner or operator shall submit an amended design capacity 
report as provided in Sec. 60.757(a)(3) of subpart WWW. [Guidance: Note 
that if the design capacity increase is the result of a modification, 
as defined in Sec. 60.751 of subpart WWW, that was commenced on or 
after May 30, 1991, the landfill will become subject to subpart WWW 
instead of this subpart. If the design capacity increase is the result 
of a change in operating practices, density, or some other change that 
is not a modification, the landfill remains subject to this subpart.]
    (2) When an increase in the maximum design capacity of a landfill 
with an initial design capacity less than 2.5 million megagrams or 2.5 
million cubic meters results in a revised maximum design capacity equal 
to or greater than 2.5 million megagrams and 2.5 million cubic meters, 
the owner or operator shall comply with paragraph (e) of this section.
    (e) For approval, a State plan shall require each owner or operator 
of an MSW landfill having a design capacity equal to or greater than 
2.5 million megagrams and 2.5 million cubic meters to either install a 
collection and control system as provided in paragraph (b) of this 
section and Sec. 60.752(b)(2) of subpart WWW or calculate an initial 
NMOC emission rate for the landfill using the procedures specified in 
Sec. 60.34c of this subpart and Sec. 60.754 of subpart WWW. The NMOC 
emission rate shall be recalculated annually, except as provided in 
Sec. 60.757(b)(1)(ii) of subpart WWW.
    (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, 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) of subpart WWW until such 
time as the calculated NMOC emission rate is equal to or greater than 
50 megagrams per year, or the landfill is closed.
    (2)(i) If the NMOC emission rate, upon initial calculation or 
annual recalculation required in paragraph (e)(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 as provided in 
paragraph (b) of this section and Sec. 60.752(b)(2) of subpart WWW.
    (ii) If the landfill is permanently closed, a closure notification 
shall be submitted to the Administrator as provided in Sec. 60.35c of 
this subpart and Sec. 60.757(d) of subpart WWW.
    3. Amend Sec. 60.35c by adding paragraphs (a) and (b) after the 
introductory text to read as follows:


Sec. 60.35c  Reporting and recordkeeping guidelines.

* * * * *
    (a) For existing MSW landfills subject to this subpart the initial 
design capacity report shall be submitted no later than 90 days after 
the effective date of EPA approval of the State's plan under section 
111(d) of the Act.
    (b) For existing MSW landfills covered by this subpart with a 
design capacity equal to or greater than 2.5 million megagrams and 2.5 
million cubic meters, the initial NMOC emission rate report shall be 
submitted no later than 90 days after the effective date of EPA 
approval of the State's plan under section 111(d) of the Act.

Subpart WWW--[Amended]


Sec. 60.75  [Amended]

    4. Amend Sec. 60.751 by adding the following sentence to the end of 
the definition of ``modification'': ``Modification does not occur until 
the owner or operator commences construction on the horizontal or 
vertical expansion.''
    5. In Sec. 60.759, revise the first and second sentence in 
(a)(3)(iii) to read as follows:


Sec. 60.759  Specifications for active collection systems.

    (a) * * *
    (3) * * *
    (iii) The values for k 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 (this 
distance from the well center to a point in the landfill where the 
pressure gradient applied by the blower or compressor approaches zero). 
If field testing has not been performed, the default values for k, 
LO and CNMOC provided in Sec. 60.754(a)(1) or the 
alternative values from Sec. 60.754(a)(5) shall be used. * * *
* * * * *
[FR Doc. 99-2988 Filed 2-23-99; 8:45 am]
BILLING CODE 6560-50-P