[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Rules and Regulations]
[Pages 17244-17282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04800]



[[Page 17243]]

Vol. 85

Thursday,

No. 59

March 26, 2020

Part III





 Environmental Protection Agency





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40 CFR Parts 60 and 63





 National Emission Standards for Hazardous Air Pollutants: Municipal 
Solid Waste Landfills Residual Risk and Technology Review; Final Rule

  Federal Register / Vol. 85 , No. 59 / Thursday, March 26, 2020 / 
Rules and Regulations  

[[Page 17244]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2002-0047; FRL-10006-05-OAR]
RIN 2060-AU18


National Emission Standards for Hazardous Air Pollutants: 
Municipal Solid Waste Landfills Residual Risk and Technology Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes the residual risk and technology review 
(RTR) conducted for the Municipal Solid Waste (MSW) Landfills source 
category regulated under national emission standards for hazardous air 
pollutants (NESHAP). In addition, we are taking final action to correct 
and clarify regulatory provisions related to emissions during periods 
of startup, shutdown, and malfunction (SSM); revise wellhead 
operational standards and corrective action to improve effectiveness 
and provide compliance flexibility; reorganize rule text to incorporate 
provisions from the new source performance standards (NSPS) within this 
subpart; and add requirements for electronic reporting of performance 
test results. The EPA is also finalizing minor changes to the MSW 
Landfills NSPS and Emission Guidelines (EG) and Compliance Times for 
MSW Landfills. Specifically, the EPA is finalizing provisions to the 
most recent MSW Landfills NSPS and EG that would allow affected sources 
to demonstrate compliance with landfill gas control, operating, 
monitoring, recordkeeping, and reporting requirements by following the 
corresponding requirements in the MSW Landfills NESHAP. These final 
amendments will result in improved compliance and implementation of the 
rule.

DATES: This final rule is effective on March 26, 2020. The 
incorporation by reference (IBR) of certain publications listed in the 
rule is approved by the Director of the Federal Register as of March 
26, 2020.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has 
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2002-0047. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not 
publicly available, e.g., Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through https://www.regulations.gov/, or in hard copy at the EPA Docket 
Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, 
Washington, DC. The Public Reading Room hours of operation are 8:30 
a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. 
The telephone number for the Public Reading Room is (202) 566-1744, and 
the telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Andrew Sheppard, Natural Resources Group, Sector Policies and 
Programs Division (E143-03), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-4161; fax 
number: (919) 541-0516; and email address: [email protected]. For 
specific information regarding the risk modeling methodology, contact 
James Hirtz, Health and Environmental Impacts Division (C539-02), 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-0881; fax number: (919) 541-0840; and email 
address: [email protected]. For information about the applicability 
of the NESHAP to a particular entity, contact Maria Malave, Office of 
Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, WJC South Building (Mail Code 2227A), 1200 Pennsylvania Ave. 
NW, Washington DC 20460; telephone number: (202) 564-7027; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

CAA Clean Air Act
CBI Confidential Business Information
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
CO carbon monoxide
EG emission guidelines
ERT Electronic Reporting Tool
FEMA Federal Emergency Management Agency
GCCS gas collection and control system
HAP hazardous air pollutant(s)
HOV higher operating value
HQ hazard quotient
IBR incorporation by reference km kilometer
LFG landfill gas
MACT maximum achievable control technology
Mg/yr megagrams per year
MSW municipal solid waste
NAICS North American Industry Classification System
NARA National Archives and Records Administration
NESHAP national emission standards for hazardous air pollutants
NMOC non-methane organic compounds
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
ppmv parts per million by volume
PRA Paperwork Reduction Act
REL reference exposure level
RFA Regulatory Flexibility Act
RTR residual risk and technology review
SOE subsurface oxidation event
SSM startup, shutdown, and malfunction
TOSHI target organ-specific hazard index
tpy tons per year
UMRA Unfunded Mandates Reform Act

    Background information. On July 29, 2019, the EPA proposed 
revisions to the MSW Landfills NESHAP based on our RTR. In this action, 
we are finalizing decisions and revisions for the rule. We summarize 
some of the more significant comments we timely received regarding the 
proposed rule and provide our responses in this preamble. A summary of 
all other public comments on the proposal and the EPA's responses to 
those comments is available in the Summary of Public Comments and the 
EPA's Responses for the Proposed Risk and Technology Review and 
Amendments for the Municipal Solid Waste Landfills NESHAP, available in 
Docket ID No. EPA-HQ-OAR-2002-0047. A ``track changes'' version of the 
regulatory language that incorporates the changes in this action is 
available in the docket.
    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review and Administrative Reconsideration
II. Background
    A. What is the statutory authority for this action?
    B. What is the MSW Landfills source category and how does the 
NESHAP regulate HAP emissions from the source category?

[[Page 17245]]

    C. What changes did we propose for the MSW Landfills source 
category in our July 29, 2019, RTR proposal?
III. What is included in this final rule?
    A. What are the final rule amendments based on the risk review 
for the MSW Landfills source category?
    B. What are the final rule amendments based on the technology 
review for the MSW Landfills source category?
    C. What are the final rule amendments addressing emissions 
during periods of SSM?
    D. What other changes have been made to the MSW Landfills 
NESHAP?
    E. What are the effective and compliance dates of the standards?
IV. What is the rationale for our final decisions and amendments for 
the MSW Landfills source category?
    A. Residual Risk Review for the MSW Landfills Source Category
    B. Technology Review for the MSW Landfills Source Category
    C. SSM for the MSW Landfills Source Category
    D. Summary of Changes Since Proposal
V. Summary of Cost, Environmental, and Economic Impacts and 
Additional Analyses Conducted
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
    G. What analysis of children's environmental health did we 
conduct?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Regulated entities. Categories and entities potentially regulated 
by this action are shown in Table 1 of this preamble.

 Table 1--Neshap and Industrial Source Categories Affected by This Final
                                 Action
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                                                               NAICS \1\
                  NESHAP and source category                      code
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Municipal Solid Waste Landfills..............................     562212
Air and Water Resource and Solid Waste Management............     924110
State, Local, and Tribal Government Agencies.................     924110
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\1\ North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather to provide a guide for readers regarding entities likely to be 
affected by the final action for the source category listed. To 
determine whether your facility is affected, you should examine the 
applicability criteria in the appropriate NESHAP. If you have any 
questions regarding the applicability of any aspect of this NESHAP, 
please contact the appropriate person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section of this preamble.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the internet. Following 
signature by the EPA Administrator, the EPA will post a copy of this 
final action at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards. Following 
publication in the Federal Register, the EPA will post the Federal 
Register version and key technical documents at this same website.
    Additional information is available on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/risk-and-technology-review-national-emissions-standards-hazardous. This information 
includes an overview of the RTR program and links to project websites 
for the RTR source categories.

C. Judicial Review and Administrative Reconsideration

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final action is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
(the court) by May 25, 2020. Under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that only an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review. This section also 
provides a mechanism for the EPA to reconsider the rule if the person 
raising an objection can demonstrate to the Administrator that it was 
impracticable to raise such objection within the period for public 
comment or if the grounds for such objection arose after the period for 
public comment (but within the time specified for judicial review) and 
if such objection is of central relevance to the outcome of the rule. 
Any person seeking to make such a demonstration should submit a 
Petition for Reconsideration to the Office of the Administrator, U.S. 
EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, with a copy to both the person(s) listed in the 
preceding FOR FURTHER INFORMATION CONTACT section, and the Associate 
General Counsel for the Air and Radiation Law Office, Office of General 
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.

II. Background

A. What is the statutory authority for this action?

    Section 112 of the CAA establishes a two-stage regulatory process 
to address emissions of hazardous air pollutants (HAP) from stationary 
sources. In the first stage, we must identify categories of sources 
emitting one or more of the HAP listed in CAA section 112(b) and then 
promulgate technology-based NESHAP for those sources. ``Major sources'' 
are those that emit, or have the potential to emit, any single HAP at a 
rate of 10 tons per year (tpy) or more, or 25 tpy or more of any 
combination of HAP. For major sources, these standards are commonly 
referred to as maximum achievable control technology (MACT) standards 
and must reflect the maximum degree of emission reductions of HAP 
achievable (after considering cost, energy requirements, and non-air 
quality health and environmental impacts). In developing MACT 
standards, CAA section 112(d)(2) directs the EPA to consider the 
application of measures, processes, methods, systems, or techniques, 
including, but not limited to, those that reduce the volume of or 
eliminate HAP emissions through process changes, substitution of

[[Page 17246]]

materials, or other modifications; enclose systems or processes to 
eliminate emissions; collect, capture, or treat HAP when released from 
a process, stack, storage, or fugitive emissions point; are design, 
equipment, work practice, or operational standards; or any combination 
of the above.
    For these MACT standards, the statute specifies certain minimum 
stringency requirements, which are referred to as MACT floor 
requirements, and which may not be based on cost considerations. See 
CAA section 112(d)(3). For new sources, the MACT floor cannot be less 
stringent than the emission control achieved in practice by the best-
controlled similar source. The MACT standards for existing sources can 
be less stringent than floors for new sources, but they cannot be less 
stringent than the average emission limitation achieved by the best-
performing 12 percent of existing sources in the category or 
subcategory (or the best-performing five sources for categories or 
subcategories with fewer than 30 sources). In developing MACT 
standards, we must also consider control options that are more 
stringent than the floor under CAA section 112(d)(2). We may establish 
standards more stringent than the floor, based on the consideration of 
the cost of achieving the emissions reductions, any non-air quality 
health and environmental impacts, and energy requirements.
    In the second stage of the regulatory process, the CAA requires the 
EPA to undertake two different analyses, which we refer to as the 
technology review and the residual risk review. Under the technology 
review, we must review the technology-based standards and revise them 
``as necessary (taking into account developments in practices, 
processes, and control technologies)'' no less frequently than every 8 
years, pursuant to CAA section 112(d)(6). Under the residual risk 
review, we must evaluate the risk to public health remaining after 
application of the technology-based standards and revise the standards, 
if necessary, to provide an ample margin of safety to protect public 
health or to prevent, taking into consideration costs, energy, safety, 
and other relevant factors, an adverse environmental effect. The 
residual risk review is required within 8 years after promulgation of 
the technology-based standards, pursuant to CAA section 112(f). In 
conducting the residual risk review, if the EPA determines that the 
current standards provide an ample margin of safety to protect public 
health, it is not necessary to revise the MACT standards pursuant to 
CAA section 112(f).\1\ For more information on the statutory authority 
for this rule, see 84 FR 36670 (July 29, 2019).
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    \1\ The court has affirmed this approach of implementing CAA 
section 112(f)(2)(A): NRDC v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 
2008) (``If EPA determines that the existing technology-based 
standards provide an `ample margin of safety,' then the Agency is 
free to readopt those standards during the residual risk 
rulemaking.'').
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B. What is the MSW Landfills source category and how does the NESHAP 
regulate HAP emissions from the source category?

    The EPA promulgated the MSW Landfills NESHAP on January 16, 2003 
(68 FR 2227). The standards are codified at 40 CFR part 63, subpart 
AAAA. As promulgated in 2003 and further amended on April 20, 2006 (71 
FR 20462), the NESHAP regulates HAP emissions from MSW landfills that 
are either major or area sources.
    The NESHAP applies to MSW landfills that have accepted waste since 
November 8, 1987, or have additional capacity for waste deposition and 
are major sources, are collocated with major sources, or are area 
source landfills with a design capacity equal to or greater than 2.5 
million megagrams (Mg) and 2.5 million cubic meters (m\3\) and have 
estimated uncontrolled emissions equal to or greater than 50 megagrams 
per year (Mg/yr) of non-methane organic compounds (NMOC). The NESHAP 
also applies to MSW landfills that have accepted waste since November 
8, 1987, or have additional capacity for waste deposition and include a 
bioreactor and are major sources, are collocated with major sources, or 
are area source landfills with a design capacity equal to or greater 
than 2.5 million Mg and 2.5 million m\3\ that were not permanently 
closed as of January 16, 2003.
    The majority of HAP emissions at MSW landfills come from the 
continuous biodegradation of the MSW in the landfill and the formation 
of landfill gas (LFG) emissions. LFG emissions contain methane, carbon 
dioxide, and more than 100 different NMOC. The HAP emitted by MSW 
landfills include, but are not limited to, vinyl chloride, ethyl 
benzene, toluene, and benzene (61 FR 9906, March 12, 1996). The owner 
or operator of a landfill may control the gas by routing it to a non-
enclosed flare, an enclosed combustion device, or a treatment system 
that processes the collected gas for subsequent sale or beneficial use.
    The NESHAP regulates HAP emissions by requiring MSW landfills that 
exceed the size and emission thresholds to install and operate a 
landfill gas collection and control system (GCCS). The NESHAP achieves 
emission reductions through a well-designed and well-operated landfill 
GCCS with a control device (i.e., non-enclosed flare, enclosed 
combustion device, or treatment system) capable of reducing NMOC by 98 
percent by weight. NMOC is a surrogate for LFG. The GCCS must be 
installed within 30 months after an MSW landfill that equals or exceeds 
the design capacity threshold (2.5 million Mg and 2.5 million m\3\) 
reaches or exceeds an NMOC emissions level of 50 Mg/yr. The landfill 
must expand the system to collect gas from each area, cell, or group of 
cells in the landfill in which the initial solid waste has been placed 
for 5 years or more if active; or 2 years or more if closed or at final 
grade. The collection and control system may be capped or removed when 
the landfill is closed, the system has operated 15 years, and NMOC 
emissions are below 50 Mg/yr.
    In addition, the NESHAP requires timely control of bioreactors. A 
bioreactor is an MSW landfill or portion of the landfill where any 
liquid other than leachate is added to the waste mass to reach a 
minimum average moisture content of at least 40 percent by weight to 
accelerate or enhance the biodegradation of the waste. New bioreactors 
must install the GCCS in the bioreactor prior to initiating liquids 
addition, regardless of whether the landfill emissions rate equals or 
exceeds the estimated uncontrolled emissions rate; existing bioreactors 
must install the GCCS before initiating liquids addition and must begin 
operating the GCCS within 180 days after initiating liquids addition or 
within 180 days after achieving a moisture content of 40 percent by 
weight, whichever is later.
    Based on modeled emission estimates in the 2016 NSPS/EG datasets, 
and supplementary searching of the Greenhouse Gas Reporting Program 
data (located in 40 CFR part 98, subpart HH), the EPA Landfill Methane 
Outreach Program, Landfill and LFG Energy Project Database, and 
selected permits, as of 2014, there were between 664 and 709 MSW 
landfills subject to the LFG collection and control requirements of the 
NESHAP. The exact list of facilities subject to the NESHAP is unknown 
because many landfills collect site-specific data for NMOC 
concentrations using the Tier 2 provisions allowed under the regulation 
to compute the NMOC annual emission rates. A list of facilities 
expected to be subject to the NESHAP based on modeled emissions and a 
default NMOC concentration of 595 parts per million by volume (ppmv)

[[Page 17247]]

is available in the RTR dataset.\2\ It is estimated that these 
landfills emit between 2,242 and 4,586 Mg/yr of HAP, after considering 
current control requirements. Most of these emissions are fugitive 
emissions.
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    \2\ MSW Landfills NESHAP RTR Draft Emissions Modeling File. May 
2018. Available at: https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards.
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C. What changes did we propose for the MSW Landfills source category in 
our July 29, 2019, RTR proposal?

    On July 29, 2019, the EPA published a proposed rule in the Federal 
Register for the MSW Landfills NESHAP (40 CFR part 63, subpart AAAA), 
that took into consideration the RTR analyses (84 FR 36670). Based on 
the risk analysis, we proposed to find that the risks from the MSW 
Landfills source category are acceptable. The risk analysis estimated 
that the cancer risk to the individual most exposed is below 10-in-1 
million from both actual and allowable emissions (estimated cancer 
incidence is 0.04 excess cancer cases per year, or 1 case every 20 
years). The risk analysis also estimated a maximum chronic noncancer 
target organ-specific hazard index (TOSHI) value below 1.
    Our risk analysis indicated the risks from this source category are 
low for both cancer and noncancer health effects, and, therefore, we 
proposed that any risk reductions to further control fugitive landfill 
emissions would result in minimal health benefits (84 FR 36686, July 
29, 2019). We also proposed that the current NESHAP provides an ample 
margin of safety to protect public health (84 FR 36686, July 29, 2019). 
In addition, pursuant to the technology review for the MSW Landfills 
source category, we proposed that no revisions to the current standards 
are necessary because, after analyzing the available options, we 
determined that each is either not technically feasible or the cost is 
not justified for the level of emission reduction achievable (84 FR 
36689, July 29, 2019).
    In addition to the proposed decisions resulting from the RTR 
described above, we proposed revisions to the NESHAP to promote 
consistency between MSW landfills regulations under CAA sections 111 
and 112. We also proposed changes to the wellhead temperature operating 
standards and associated monitoring, corrective action, and reporting 
and recordkeeping requirements for temperature. We proposed to adjust 
provisions for GCCS removal to provide additional flexibility for 
landfill owners and operators. In addition, we proposed updates to SSM 
and electronic reporting requirements.

III. What is included in this final rule?

    This action finalizes the EPA's determinations pursuant to the RTR 
provisions of CAA section 112 for the MSW Landfills source category. 
This action also finalizes other changes to the MSW Landfills NESHAP 
(40 CFR part 63, subpart AAAA), including changes to promote 
consistency between MSW landfills regulations under CAA sections 111 
and 112 and changes to the wellhead temperature operating standards, 
including associated monitoring, corrective action, and reporting and 
recordkeeping requirements for temperature. This final rule also 
provides additional flexibility for landfill owners and operators by 
adjusting the provisions for GCCS removal. In addition, SSM and 
electronic reporting requirements have been updated. This action also 
reflects several changes to the July 2019 RTR proposal in consideration 
of comments received during the public comment period described in 
section IV of this preamble.

A. What are the final rule amendments based on the risk review for the 
MSW Landfills source category?

    This section introduces the final amendments to the NESHAP being 
promulgated pursuant to CAA section 112(f). The risks from this source 
category are low for both cancer and noncancer health effects and we 
proposed that the risks are acceptable. We received only comments in 
support of the proposed determination. We are finalizing our 
determination that risks from this source category are acceptable and 
that the standards provide an ample margin of safety to protect public 
health and prevent an adverse environmental effect. Therefore, we are 
not finalizing any revisions to the NESHAP based on our analyses 
conducted under CAA section 112(f). Section IV.A.3 of this preamble 
provides a summary of key comments we received regarding risk review 
and our responses.

B. What are the final rule amendments based on the technology review 
for the MSW Landfills source category?

    The technology review identified three types of developments that 
could lead to additional control of HAP from MSW landfills. The three 
potential developments are practices to reduce HAP formation within a 
landfill, to collect more LFG for control or treatment, and to achieve 
a greater level of HAP destruction in the collected LFG. As stated in 
the proposal preamble (84 FR 36686-36689, July 29, 2019) none of these 
developments were deemed to be cost effective. We are finalizing our 
determination, as proposed, that there are no developments in 
practices, processes, and control technologies that warrant revisions 
to the MACT standards for this source category. Therefore, we are not 
finalizing revisions to the MACT standards under CAA section 112(d)(6).

C. What are the final rule amendments addressing emissions during 
periods of SSM?

    We are finalizing the proposed amendments to the MSW landfills 
standards to remove and revise provisions related to SSM. Within its 
2008 decision in Sierra Club v. EPA 551 F.3d 1019 (D.C. Cir. 2008), the 
court vacated portions of two provisions in the EPA's CAA section 112 
regulations governing the emissions of HAP during periods of SSM. 
Specifically, the court vacated the SSM exemption contained in 40 CFR 
63.6(f)(1) and 40 CFR 63.6(h)(1), holding that under section 302(k) of 
the CAA, emissions standards or limitations must be continuous in 
nature and that the SSM exemption violates the CAA's requirement that 
some CAA section 112 standards apply continuously. As detailed in 
section IV.D.8 of the proposal preamble (84 FR 36693-36697, July 29, 
2019), we proposed that the NESHAP standards apply at all times (see 40 
CFR 63.1930(b)), consistent with the court's decision in Sierra Club v. 
EPA, 551 F. 3d 1019 (D.C. Cir. 2008). The EPA is finalizing the SSM 
provisions as proposed with minimal changes.
    We are finalizing a work practice requirement that applies whenever 
the GCCS is not operating. The work practice requirement appears at 40 
CFR 63.1958(e) and is explained in the proposal preamble (84 FR 36695, 
July 29, 2019).
    Further, the EPA is not setting separate standards for malfunction 
events. As discussed in the proposal preamble (84 FR 36694, July 29, 
2019), the EPA interprets CAA section 112 as not requiring emissions 
that occur during periods of malfunction to be factored into 
development of CAA section 112 standards, although the EPA has the 
discretion to set standards for malfunctions where feasible. Although 
we are not setting separate standards for malfunction events, we are 
setting a work practice standard for when the GCCS is not operating, 
which could include periods of malfunction. Whenever a landfill 
operator is complying with the work practice for periods when the GCCS 
is not operating,

[[Page 17248]]

it is unlikely that a malfunction would result in a violation of the 
standards, and no comments were submitted that would suggest otherwise. 
Refer to 84 FR 36694 of the proposal preamble for further discussion of 
the EPA's rationale for the decision not to set separate standards for 
malfunctions, as well as a discussion of the actions a source could 
take in the unlikely event that a source fails to comply with the 
applicable CAA section 112(d) standards as a result of a malfunction 
event. The administrative and judicial procedures for addressing 
exceedances of the standards fully recognize that violations may occur 
despite good faith efforts to comply and can accommodate those 
situations, including malfunction events.
    We are also finalizing revisions to Table 1 of subpart AAAA, part 
63, titled Applicability of NESHAP General Provisions to Subpart AAAA, 
as explained in more detail in the SSM section of the proposal preamble 
(84 FR 36693, July 29, 2019), to eliminate requirements that include 
rule language providing an exemption for periods of SSM. Additionally, 
we are finalizing our proposal to eliminate language related to SSM 
that treats periods of startup and shutdown the same as periods of 
malfunction.
    The legal rationale and detailed changes for SSM periods that we 
are finalizing are set forth in the proposed rule (84 FR 36693, July 
29, 2019). As discussed in section IV.C of this preamble, the EPA is 
making it clear that the semi-annual report must describe the date, 
time, and duration of periods during which an operating standard was 
exceeded, as well as when the GCCS was not operating. For more 
information, see the response to comments document, titled Summary of 
Public Comments and the EPA's Responses for the Proposed Risk and 
Technology Review and Amendments for the Municipal Solid Waste 
Landfills NESHAP, which is available in the docket for this action.

D. What other changes have been made to the MSW Landfills NESHAP?

    This rule finalizes, as proposed, revisions to several NESHAP 
requirements that promote consistency among MSW landfills regulations 
developed under CAA sections 111 and 112. This rule also finalizes 
revisions to the 2016 NSPS (40 CFR part 60, subpart XXX) and EG (40 CFR 
part 60, subpart Cf) to promote consistency among MSW landfills 
regulations under the CAA. Most of these changes are the same as those 
proposed at 84 FR 36670 on July 29, 2019.
    This rule also finalizes minor changes to other provisions of the 
NESHAP since proposal. Specific changes made since proposal are 
discussed in section IV.C of this preamble. Revisions to the NESHAP, 
NSPS, and EG include:
1. Reorganization of the NESHAP
    We are finalizing the reorganization of the NESHAP to incorporate 
the major compliance provisions from the MSW Landfills NSPS program 
directly into the NESHAP, thus, minimizing cross-referencing to other 
subparts and consolidating requirements between the NSPS program and 
the NESHAP. With the incorporation of the major compliance provisions 
from the 2016 NSPS (subpart XXX), we, thus, incorporated revisions to 
subpart XXX that were finalized in 2016. In addition, we clarified 
which of the reorganized provisions apply no later than 18 months after 
publication of the final rule.
2. Revisions to the 1996 NSPS (40 CFR Part 60, Subparts WWW) and the 
2016 NSPS and EG (40 CFR Part 60, Subparts XXX and Cf)
    The EPA is clarifying that subpart Cf (once implemented via a state 
or federal plan) supersedes subparts WWW and Cc. The final rule revises 
the title and applicability of subpart WWW (at 40 CFR 60.750(a)) to 
distinguish the applicability dates from other landfills subparts. We 
clarify that after the effective date of an EPA-approved state or 
tribal plan implementing subpart Cf, or after the effective date of a 
federal plan implementing subpart Cf, owners and operators of MSW 
landfills must comply with the approved and effective state, tribal, or 
federal plan implementing subpart Cf instead of subpart WWW or the 
state or federal plan implementing subpart Cc.
3. NSPS and EG (Subparts XXX and Cf) Opt-In Provisions for NESHAP
    We are finalizing minor edits to the 2016 NSPS and EG regulations 
allowing MSW landfills affected by the NSPS and EG to demonstrate 
compliance with the ``major compliance provisions'' of the NESHAP in 
lieu of complying with the analogous provisions in the NSPS and EG. 
This change allows landfills to follow one set of operational, 
compliance, monitoring, and reporting provisions for pressure and 
temperature. The differences between the landfills subparts are 
identified in the memorandum titled Comparison of Municipal Solid Waste 
(MSW) Landfills Regulations, which is available in the docket for this 
action.
4. Operational Standards for Wellheads
a. Nitrogen and Oxygen Concentrations
    The EPA is finalizing the elimination of the operational standards 
and the corresponding corrective action for nitrogen and oxygen 
concentrations in the NESHAP for consistency with the 2016 NSPS and EG 
(subparts XXX and Cf). The EPA concluded that nitrogen and oxygen 
concentrations are not, by themselves, effective indicators of proper 
operation of the LFG collection system (see 81 FR 59346, August 29, 
2016).
b. Increased Wellhead Temperature Operating Standard
    The EPA is finalizing an increase of temperature standard to 145 
degrees Fahrenheit ([deg]F). The EPA is finalizing the increased 
wellhead temperature operating standard in the NESHAP to reduce the 
burden on regulated entities and delegated state, local, and tribal 
agencies. This change is expected to reduce the number of requests and 
burden associated with submitting and reviewing the requests for higher 
operating values (HOVs) for temperature, as well as reduce the 
frequency of corrective actions for exceeding the temperature limit. 
This change provides landfill owners and operators greater flexibility 
and autonomy with regards to wellhead monitoring and operations.
5. Corrective Action for Wellhead Operating Standards
    The EPA is finalizing the elimination of the requirements for 
corrective action for nitrogen and oxygen concentrations in the NESHAP 
to maintain consistency with the requirements in the 2016 NSPS and EG 
(subparts XXX and Cf). The operating standard for nitrogen and oxygen 
has already been eliminated in those rules. In the NESHAP, the EPA is 
finalizing changes to the corrective action procedures to address 
positive pressure and elevated temperature to provide flexibility to 
owners or operators in determining the appropriate remedy, as well as 
the timeline for implementing the remedy. The changes to the timeline 
and the process for correcting for positive pressure and elevated 
temperature make the NESHAP requirements consistent with the current 
requirements of the NSPS and EG, except that the requirements for 
corrective action procedures being proposed in the NESHAP are tied to 
the exceedance of the 145 [deg]F standard, instead of the 131 [deg]F 
standard that still applies in the NSPS and EG.

[[Page 17249]]

6. Enhanced Monitoring, Recordkeeping, and Reporting for High Wellhead 
Temperatures
    The EPA is finalizing the addition of enhanced wellhead monitoring 
and visual inspection requirements for any landfill with wellhead 
temperature exceeding 145 [deg]F. Enhanced monitoring in the final rule 
involves weekly observations for subsurface oxidation events (SOE), as 
well as weekly monitoring of wellhead temperature, carbon monoxide 
(CO), oxygen, and methane using an analyzer that meets all quality 
assurance and quality control requirements for EPA Methods 10, 3C, or 
18. Enhanced monitoring begins 7 days after the first reading exceeding 
145 [deg]F is recorded and continues until the measured wellhead 
operating temperature is 145 [deg]F or less, or an HOV is approved. The 
proposed rule required a landfill to continue weekly enhanced 
monitoring until an HOV was approved or until the LFG temperature at 
the wellhead reached less than or equal to 62.8 degrees Celsius 
([deg]C) (145 [deg]F). In the final rule, the EPA is allowing monthly 
CO monitoring if the wellhead has CO readings below 100 ppmv for four 
consecutive weeks. If the CO level exceeds 100 ppmv again, the landfill 
must return to weekly monitoring (see section IV.D of this preamble). 
Consistent with our proposal, the final rule requires enhanced 
monitoring data to be submitted in the semi-annual report and 
maintained as records. The EPA is finalizing the enhanced monitoring 
requirements as proposed except for the following changes:
     The EPA is removing the proposed requirement for an 
independent laboratory analysis of each CO measurement (see section 
IV.D of this preamble).
     The EPA is finalizing the proposed 24-hour electronic 
report for any well with highly elevated temperature (76.7 [deg]C or 
170 [deg]F) and CO readings (40 CFR 63.1981(k)). In the final rule, the 
EPA reduced the CO threshold for the 24-hour electronic report from 
1,500 ppmv to 1,000 ppmv (see section IV.D of this preamble). The EPA 
adjusted the corresponding corrective action for wells that have any 
wellhead temperature reading of 170 [deg]F or above and CO reading of 
1,000 ppmv. The report is not required for landfills that have an HOV 
approved by the Administrator.
     The EPA is finalizing the proposed downwell monitoring. 
However, in the final rule, downwell monitoring is conducted annually, 
instead of weekly. Additionally, the annual downwell monitoring is only 
required for wellheads that have any temperature reading of 165 [deg]F 
or above (see section IV.D of this preamble).
7. Criteria for Removing GCCS
    The EPA is finalizing as proposed the added flexibility to the 
NESHAP for determining when it is appropriate to cap, remove, or 
decommission a portion of the GCCS (40 CFR 63.1957(b)). The NESHAP 
requires three criteria to be met to remove controls: (1) The landfill 
is closed, (2) the calculated NMOC emission rate at the landfill is 
less than 50 Mg/yr on three successive test dates, and (3) the GCCS has 
operated for at least 15 years. In this final rule, we updated the 
third criterion to allow the landfill owner or operator to choose 
between the 15 years of GCCS operation or demonstrate that the GCCS 
will be unable to operate for 15 years due to declining gas flows.
8. Definition of Cover Penetration
    To clarify the implementation concerns, the EPA is finalizing as 
proposed the phrase, ``. . . at all cover penetrations'' to the 
regulatory text of the NESHAP (40 CFR 63.1958(d)), consistent with this 
phrase in the 2016 NSPS and EG (subparts XXX and Cf). We are also 
adding a definition of cover penetration as proposed. At 40 CFR 
63.1958(d), we are clarifying the surface monitoring provisions by 
requiring monitoring at any ``cover penetrations'' rather than at ``any 
openings.'' And we are clarifying that the landfill owner or operator 
must determine the latitude and longitude coordinates ``of each 
exceedance.''
9. Electronic Reporting
    The EPA is requiring owners and operators of new or modified MSW 
landfills to electronically submit required performance test reports, 
NMOC Emission Rate Reports, Bioreactor 40-percent moisture reports, and 
semi-annual reports through the EPA's Central Data Exchange (CDX) using 
the Compliance and Emissions Data Reporting Interface (CEDRI) (40 CFR 
63.1981(l)). The final rule requires that performance test results be 
submitted using the Electronic Reporting Tool (ERT). Alternatively, MSW 
landfills may submit an electronic file consistent with the extensible 
markup language (XML) schema listed on the EPA's ERT website. For more 
details, see the Electronic Reporting section of the proposal preamble 
(84 FR 36693, July 29, 2019). For NMOC Emission Rate Reports, 
Bioreactor 40-percent moisture reports, and semi-annual reports, the 
final rule requires that owners and operators use the appropriate 
spreadsheet template/forms to submit information to CEDRI when it 
becomes available on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/cedri). The electronic submittal of the reports 
addressed in this rulemaking will increase the usefulness of the data 
contained in those reports, is in keeping with current trends in data 
availability and transparency, will further assist in the protection of 
public health and the environment, will improve compliance by 
facilitating the ability of regulated facilities to demonstrate 
compliance with requirements and by facilitating the ability of 
delegated state, local, tribal, and territorial air agencies and the 
EPA to assess and determine compliance, and will ultimately reduce 
burden on regulated facilities, delegated air agencies, and the EPA. 
Electronic reporting also eliminates paper-based, manual processes, 
thereby saving time and resources, simplifying data entry, eliminating 
redundancies, minimizing data reporting errors, and providing data 
quickly and accurately to the affected facilities, air agencies, the 
EPA, and the public. For a more thorough discussion of electronic 
reporting, see the memorandum, Electronic Reporting Requirements for 
New Source Performance Standards (NSPS) and National Emission Standards 
for Hazardous Air Pollutants (NESHAP) Rules, available in Docket ID No. 
EPA-HQ-OAR-2002-0047.
10. Other Clarifications and Changes To Conform With the NSPS
    In 2016, the EPA finalized its review of the 1996 NSPS (40 CFR part 
60, subpart WWW) and made revisions (40 CFR part 60, subpart XXX) to 
simplify and streamline implementation of the rule. Note that some of 
the revisions were proposed as early as 2002 and 2006. With the 
incorporation of compliance provisions from the NSPS into the NESHAP as 
part of this rulemaking, we are likewise finalizing the following 
provisions from the NSPS:
     Allowing the use of portable gas composition analyzers to 
monitor the oxygen level at a wellhead (40 CFR 63.1961(a)).
     Requiring owners and operators to report more precise 
locational data for each surface emissions exceedance to provide a more 
robust and long-term record of GCCS performance and more easily locate 
and correct breaches in the landfill cover (40 CFR 63.1961(f)).
     Refining the criteria for updating a design plan by 
requiring landfill owners or operators to submit an updated design plan 
for approval based on the following criteria: (1) Within 90 days of

[[Page 17250]]

expanding operations to an area not covered by the previously approved 
design plan; and (2) before installing or expanding the gas collection 
system in a way that is not consistent to the previous design plan (40 
CFR 63.1981(e)).
     Clarifying that in addition to use as a fuel for 
stationary combustion devices, use of treated LFG also includes other 
uses such as the production of vehicle fuel, production of high-Btu gas 
for pipeline injection, or use as a raw material in a chemical 
manufacturing process (40 CFR 63.1959(b)).
     Standardizing the terms ``control system'' and 
``collection and control system'' in the NESHAP in order to use 
consistent terminology throughout the regulatory text.
     Exempting owners/operators of boilers and process heaters 
with design capacities of 44 megawatts or greater from the requirement 
to conduct an initial performance test since large boilers and process 
heaters consistently achieve the required level of control (67 FR 
36478, May 23, 2002).
     Removing the term ``combustion'' from the requirement to 
monitor temperature of enclosed combustors to clarify that temperature 
could be monitored at another location, as long as the monitored 
temperature relates to proper operation of the enclosed combustor (71 
FR 53276, September 8, 2006).
     Refining definitions to ensure consistent use across 
federal landfills regulations (40 CFR 63.1990) of the terms: Treated 
landfill gas, Treatment system, Modification, Household waste, and 
Segregated yard waste.
11. Closed Areas
    The EPA is maintaining the current approach to closed areas so that 
landfills subject to both the 2016 NSPS and EG and the NESHAP have a 
streamlined set of requirements to follow. The 2016 NSPS and EG allow 
landfill owners or operators to model NMOC emissions or take actual 
measurements of NMOC emissions at physically separated, closed areas of 
open landfills. The EPA has not expanded the term ``closed area'' to 
include areas that are not physically separated (e.g., separately 
lined).
12. Changes to Definitions
    The EPA expanded the list of definitions in the NESHAP to create a 
list that improves consistency between the 2016 NSPS, 1996 NSPS, and 
the NESHAP. The changes fall into the following categories:
     The 2003 MSW Landfills NESHAP included eight definitions. 
Five of these definitions remain the same. The EPA made changes to two 
of the original defined phrases. One of these phrases also has had a 
definition change. The original definition for ``deviation'' has been 
refined to reflect the updated SSM requirements.
     The EPA added a new definition for ``cover penetration'' 
based on public comments.
     To address public comments about definition consistency, 
the EPA included an additional 32 definitions that correspond to 
definitions in NSPS subparts XXX, WWW, or both. The EPA made minor 
updates to reflect current regulation references.

E. What are the effective and compliance dates of the standards?

    The revisions to the MACT standards being promulgated in this 
action are effective on March 26, 2020.
    The compliance date for existing sources is January 16, 2004.
    New sources must comply by January 16, 2003, or upon startup, 
whichever is later.
    The compliance dates remain the same as proposed. The EPA is 
allowing facilities up to 18 months after March 26, 2020, to begin 
complying with the final rule. Affected MSW landfills must continue to 
comply with the existing requirements until they meet the new 
requirements.

IV. What is the rationale for our final decisions and amendments for 
the MSW Landfills source category?

    For each issue, this section provides a description of what we 
proposed and what we are finalizing for the issue, the EPA's rationale 
for the final decisions and amendments, and a summary of key comments 
and responses. For all comments not discussed in this preamble, please 
see the comment summaries and the EPA's Response to Comments document, 
which are available in the docket.

A. Residual Risk Review for the MSW Landfills Source Category

1. What did we propose pursuant to CAA section 112(f) for the MSW 
Landfills source category?
    Pursuant to CAA section 112(f), the EPA conducted a residual risk 
review and presented the results of this review, along with our 
proposed decisions regarding risk acceptability and ample margin of 
safety, in the July 29, 2019, proposed rule for 40 CFR part 63, subpart 
AAAA (84 FR 36670). The results of the risk assessment are presented 
briefly in Table 2 of this preamble. More detail is in the residual 
risk technical support document, Residual Risk Assessment for the MSW 
Landfills Source Category in Support of the 2020 Risk and Technology 
Review Final Rule, which is available in the docket for this 
rulemaking.

                                                Table 2--MSW Landfills Inhalation Risk Assessment Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Maximum individual lifetime cancer                                Based on actual emissions
                                       risk (in 1 million) \2\       -----------------------------------------------------------------------------------
                               --------------------------------------    Estimated       Estimated       Estimated
   Number of facilities \1\                                            population at   population at   annual cancer   Maximum chronic       Maximum
                                 Based on actual        Based on      increased risk  increased risk     incidence     noncancer TOSHI   screening acute
                                emissions \3\ . .      allowable       of cance >=1-  of cancer >=10-   (cases per           \4\        noncancer hazard
                                        .           emissions . . .    in-1 million    in-1  million       year)                          quotient (HQ)
--------------------------------------------------------------------------------------------------------------------------------------------------------
706...........................  10 (p-             10 (p-                     18,300              11            0.04  0.1 (neuro-       HQREL\5\ = 0.07
                                 dichlorobenzene,   dichlorobenzene,                                                   logical).         (chloroform).
                                 ethyl benzene,     ethyl benzene,
                                 benzene).          benzene).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Number of facilities evaluated in the risk analysis.
\2\ Maximum individual excess lifetime cancer risk due to HAP emissions from the source category.
\3\ Whole facility emissions are equal to actual emissions and have the same risk.
\4\ Maximum TOSHI. The target organ systems with the highest TOSHI for the source category are neurological, with risk driven by emissions of
  trichloroethylene, m-xylene, xylenes (mixed), and tetrachloroethene from fugitive emissions.
\5\ Reference Exposure Level (REL).

    The results of the chronic baseline inhalation cancer risk 
assessment indicate that, based on estimates of current actual, 
allowable, and whole facility emissions under the NESHAP, the maximum 
individual risk posed by the source category is 10-in-1 million. The 
total estimated cancer incidence based on actual emission levels is 
0.04

[[Page 17251]]

excess cancer cases per year, or 1 case every 25 years. The total 
estimated cancer incidence based on allowable emission levels is 0.05 
excess cancer cases per year, or 1 case every 20 years. Fugitive air 
emissions of benzene-based pollutants contributed approximately 50 
percent to the cancer incidence. The population exposed to cancer risks 
greater than or equal to 1-in-1 million based upon actual emissions is 
18,300. The population exposed to cancer risks greater than or equal to 
10-in-1 million based upon actual emissions is 11. No individuals or 
groups are exposed to a chronic noncancer TOSHI greater than 1. The 
screening analysis for worst-case acute impacts indicates that no 
pollutants exceed an acute HQ value of 1 based upon the REL. Because 
none of the screening HQs were greater than 1, further refinement of 
the estimates was not warranted. A separate assessment of inhalation 
risk from facility-wide emissions was unnecessary because facility-wide 
emissions were the same as source category emissions. The multipathway 
risk screening assessment resulted in a maximum Tier 2 noncancer 
screening value of less than 1 for mercury. Mercury was the only 
persistent and bioaccumulative HAP emitted by the source category. 
Based on these results, we are confident that the human-health 
noncancer risks are below a level of concern. Mercury was the only 
environmental HAP identified from the category and the ecological risk 
screening assessment indicated that all modeled points were below the 
Tier 1 screening threshold. Therefore, we do not expect an adverse 
environmental effect as a result of HAP emissions from this source 
category.
    We weighed all human health risk factors in our risk acceptability 
determination, and we proposed that the residual risks from the MSW 
Landfills source category are acceptable. We then considered whether 
the NESHAP provides an ample margin of safety to protect public health, 
and whether more stringent standards were necessary to prevent an 
adverse environmental effect, by taking into consideration costs, 
energy, safety, and other relevant factors. In determining whether the 
standards provide an ample margin of safety to protect public health, 
we examined the same risk factors that we investigated for our 
acceptability determination and also considered the costs, 
technological feasibility, and other relevant factors related to 
emissions control options that might reduce risk (or potential risks) 
associated with emissions from the source category. Our risk analysis 
indicated the risks from this source category are low for both cancer 
and noncancer health effects, and, therefore, any additional emissions 
reductions would result in minimal health benefits or reductions in 
risk. We note that fugitive landfill emissions result in 84 percent of 
the cancer incidence for this source category. Based upon results of 
the risk analysis and our evaluation of the technical feasibility and 
cost of the option(s) to reduce landfill fugitive emissions, we 
proposed that the current NESHAP provides an ample margin of safety to 
protect the public health. We also proposed, based on the results of 
our environmental screening assessment, that more stringent standards 
are not necessary to prevent an adverse environmental effect.
2. How did the risk review change for the MSW Landfills source 
category?
    Since proposal, neither the risk assessment nor our determinations 
regarding risk acceptability, ample margin of safety, or adverse 
environmental effects have changed.
3. What key comments did we receive on the risk review, and what are 
our responses?
    We received comments that were generally supportive of the proposed 
residual risk review and our determination that no revisions were 
warranted under CAA section 112(f)(2) for the MSW Landfills source 
category. Commenters stated that the EPA's residual risk review 
approach was sufficiently conservative in its assumptions relating to 
facility emission profiles and supported the EPA's conclusion that the 
residual risk is acceptable and provides an ample margin of safety. One 
commenter stated that the modeling includes conservative features that 
is consistent with the National Ambient Air Quality Standards and 
conforms to many state programs and that EPA appropriately considered 
maximum exposed individuals, multi-pathway assessments, as well as 
specific populations by census blocks near actual facilities. The 
commenter also stated the EPA's emission factor data used for the 
proposed NESHAP is comprehensive considering the number of facilities 
referenced and the number of analytes assessed. However, another 
commenter expressed concern regarding the EPA's use of emission factors 
calculated using 2008 AP-42,\3\ Chapter 2.4. The commenter stated that 
the modeling inputs were based on use of draft emission factors from an 
AP-42 section that was proposed in 2008 and remains a draft. The 
commenter stated that the use of a draft section creates confusion 
regarding the information it contains and sets an unclear precedent.
---------------------------------------------------------------------------

    \3\ U.S. EPA, AP-42, Fifth Edition, Compilation of Air Pollutant 
Emission Factors, Volume 1: Stationary Point and Area Sources. 1995. 
http://www.epa.gov/ttnchie1/ap42/.
---------------------------------------------------------------------------

    We disagree with the comment that the use of draft AP-42 emission 
factors introduces confusion or sets precedent for using these factors 
in other regulations. In the development of the risk analysis, we 
documented the rationale for using the emission factors from 2008 AP-42 
Chapter 2.4 in the docketed memorandum, Residual Risk Modeling File 
Documentation for the Municipal Solid Waste Landfill Source 
Category.\4\ Specifically, the 2008 AP-42 draft emission factor data, 
with subsequent adjustments made to reflect comments received on the 
draft for the risk analysis, represent the best available data for HAP 
emissions from landfills. The 1998 Final AP-42 chapter had factors for 
only 23 HAP, whereas the updated factors used in the risk analysis 
cover 49 HAP derived from a significantly larger dataset. By including 
a larger number of HAP in the factors used in the risk analysis, the 
analysis was conservative. The EPA is not suggesting in this preamble 
or in background documentation that the factors used are appropriate 
for other permitting or regulatory uses.
---------------------------------------------------------------------------

    \4\ See Appendix 1, Section 7 to docket item, Residual Risk 
Assessment for the Municipal Solid Waste Landfill Source Category in 
Support of the 2019 Risk and Technology Review Proposed Rule. May 
2019. Docket ID Item No. EPA-HQ-OAR-2002-0047-0091.
---------------------------------------------------------------------------

    After review of these comments, we determined that no changes 
needed to be made to the underlying risk assessment methodology. The 
comments and our specific responses can be found in the response to 
comments document titled Summary of Public Comments and the EPA's 
Responses for the Proposed Risk and Technology Review and Amendments 
for the Municipal Solid Waste Landfills NESHAP, which is available in 
the docket for this action.
4. What is the rationale for our final approach and final decisions for 
the risk review?
    We evaluated all of the comments on the EPA's risk review and 
determined that no changes to the review are needed. For the reasons 
explained in the proposed rule, we proposed that the risks from the MSW 
Landfills source category are acceptable, and the current standards 
provide an ample margin of safety to protect public health and prevent 
an adverse environmental

[[Page 17252]]

effect. Therefore, pursuant to CAA section 112(f)(2), we are finalizing 
the risk review as proposed.

B. Technology Review for the MSW Landfills Source Category

1. What did we propose pursuant to CAA section 112(d)(6) for the MSW 
Landfills source category?
    Pursuant to CAA section 112(d)(6), we proposed to conclude that no 
revisions to the current NESHAP are necessary (section IV.C of the 
proposal preamble 84 FR 36686). In conducting the review, we identified 
developments in work practices and technologies to reduce HAP 
formation, collect additional HAP, and destroy additional HAP from MSW 
landfills. We ruled out developments in waste diversion programs, which 
can reduce HAP formation, as technically infeasible, because programs 
to ban or recycle wastes instead of placing the wastes in the landfill 
are not typically under the control of landfill owners or operators. We 
analyzed the costs and emission reductions associated with earlier gas 
collection strategies, including a lower NMOC threshold and shortening 
the time in which a GCCS is required to expand into new areas of the 
landfill. Based on these analyses, we concluded that these options are 
not cost effective for HAP. We also analyzed the cost and emission 
reductions associated with destroying additional HAP in higher 
efficiency flares, and based on these analyses, we concluded that these 
options are not cost effective for HAP.
2. How did the technology review change for the MSW Landfills source 
category?
    We have not changed any aspect of the technology review since the 
July 29, 2019, proposal for the MSW Landfills source category.
3. What key comments did we receive on the technology review, and what 
are our responses?
    The comments received by the EPA on the technology review were 
generally supportive, with only one commenter challenging the EPA's 
findings regarding GCCS installation lag times. One commenter agreed 
that the EPA's findings regarding mandated source separation, earlier 
LFG collection, criteria, and timeframe for removing GCCS, early 
installation of landfill cover systems, enclosed flares, thermal 
oxidizers, energy recovery projects, and use of biocovers were 
infeasible, not cost-effective, or did not result in emissions 
reductions. Another commenter noted the limited innovation in HAP-
reducing technologies and requested increased government funding for 
research in this area. One commenter challenged the EPA's determination 
that earlier gas collection, via shorter expansion lag times, is not 
economically feasible and asked the EPA to reevaluate its 
determination.
    The EPA has not revised the technology review for the NESHAP to 
analyze the costs of shorter expansion lag times for certain landfills. 
The EPA agrees with the commenter that shorter lag times are 
commercially available. However, the installation of well components to 
achieve these shorter lag times requires site-specific analysis. For 
example, the timing of well installation is affected by waste placement 
patterns and annual acceptance rates. The EPA explored shorter lag 
times as part of the review for the 2016 NSPS and EG and received 
several comments related to site-specific costs and safety concerns 
associated with reduced lag times, urging the EPA to retain flexibility 
in any lag-time adjustments. See 79 FR 41807 (July 17, 2014) and 80 FR 
52121 (August 27, 2015) for more details. The EPA has not received any 
comments suggesting that the cost and safety concerns brought forth as 
part of the 2016 rulemaking have changed, and as a result, no changes 
to the lag times are being finalized.
4. What is the rationale for our final approach for the technology 
review?
    As explained in the proposal preamble (84 FR 36686, July 29, 2019), 
we conducted a technology review to identify developments in practices, 
processes, and control technologies that may warrant revisions to the 
current NESHAP. We identified three types of developments that could 
lead to additional control of HAP from MSW landfills, but we determined 
that there are no cost-effective developments in practices, processes, 
or control technologies to warrant revisions to the standards. We also 
evaluated the public comments on the EPA's technology review and 
determined that no changes to the review are needed. More information 
concerning our technology review is in the memorandum titled CAA 
section 112(d)(6) Technology Review for the MSW Landfills Source 
Category, in the docket for this action, and in the preamble to the 
proposed rule (84 FR 36686-36689, July 29, 2019). Therefore, pursuant 
to CAA section 112(d)(6), we are finalizing the results of the 
technology review as proposed.

C. SSM for the MSW Landfills Source Category

1. What did we propose for the MSW Landfills source category?
    We proposed amendments to the NESHAP to remove and revise 
provisions related to SSM that are not consistent with the requirement 
that the standards apply at all times. More information concerning the 
elimination of SSM provisions is in the preamble to the proposed rule 
(84 FR 36693).
2. How did the SSM provisions change for the MSW Landfills source 
category?
    We are finalizing the SSM provisions as proposed (84 FR 36693, July 
29, 2019) with the minor changes described in section IV.C.3 of this 
preamble.
3. What key comments did we receive on the SSM provisions and what are 
our responses?
    We received two comments related to our proposed revisions to the 
SSM provisions. The first commenter agreed that the NESHAP must apply 
at all times and with the approach of applying a work practice standard 
under CAA section 112(h) during periods of SSM. The second commenter 
requested that the EPA clarify that SSM events be reported as stated in 
the proposal preamble (84 FR 36696, July 29, 2019). A summary of the 
SSM comments on the proposal and the EPA's responses to those comments 
is available in the response to comments document titled Summary of 
Public Comments and the EPA's Responses for the Proposed Risk and 
Technology Review and Amendments for the Municipal Solid Waste 
Landfills NESHAP, which is available in Docket ID No. EPA-HQ-OAR-2002-
0047.
    The first commenter agreed that the work practice requirements of 
proposed 40 CFR 63.1958(e) are appropriate and consistent with a well-
designed and operated LFG collection system. However, the commenter 
objected to the EPA's proposed preamble statements and rule revisions 
that specify that compliance with these provisions during SSM does not 
necessarily constitute compliance with the NESHAP. The commenter stated 
that these provisions are inconsistent with prior EPA decisions about 
appropriate landfill operation and are not compelled by the Sierra Club 
v. EPA decision.
    Landfill emissions are produced by a continuous biological process 
that cannot be stopped or restarted. Therefore, the primary concern 
related to SSM is with malfunction of the landfill GCCS and associated 
monitoring equipment, not with the

[[Page 17253]]

startup or shutdown of the entire source. The SSM periods that are 
covered by the proposed additional work practice standard of 40 CFR 
63.1958(e) are those periods when the landfill GCCS and associated 
monitoring equipment are not operating for any reason. During such 
periods, excess emissions to the atmosphere will occur. This additional 
work practice requires the owner or operator to shut down all valves in 
the collection and control system contributing to venting of the gas to 
the atmosphere within 1 hour and to minimize the downtime for making 
repairs to the collection and control system. Although this additional 
practice is necessary to reduce emissions associated with a GCCS 
outage, to minimize emissions also requires actions to prevent the 
shutdown of the GCCS. Although we agree with the commenter that some 
unavoidable circumstances may require that the GCCS system be shut down 
for short periods of time (e.g., for tying in a system expansion, 
repair, and preventative maintenance), the frequency of shutdowns also 
can be affected by carelessness, ineffective operation and maintenance 
procedures, failure to properly train landfill operations staff, and 
other site-specific factors. Actions to prevent the shutdown of a GCCS 
may include a preventative maintenance program, expeditious repair or 
replacement of equipment that frequently fails, the use of valves and 
bypass systems to segregate portions of the GCCS that are undergoing 
expansion, maintenance, or repairs from those portions that are 
unaffected by the work, and the use of redundant equipment and controls 
so that the system can remain online even if one component fails to 
operate properly. Additional reasonable steps include the controls of 
vehicular equipment on the landfill to avoid damage to the GCCS or 
crushed pipes. This may include speed limits and traffic routes that 
avoid passing over buried ductwork or other equipment.
    Another commenter requested the EPA clarify that SSM events be 
reported as stated in the proposal preamble (84 FR 36696, July 29, 
2019) in order to evaluate whether the general duty to minimize 
emissions is being met. The commenter stated that while the preamble 
stated that reporting will be required (84 FR 36696, July 29, 2019), 
the rule only requires records of SSM events.
    The EPA proposed to add recordkeeping requirements for startup and 
shutdown to 40 CFR 63.1983(c) (84 FR 36696, July 29, 2019). Because 40 
CFR 63.1958(e) specifies a different standard for periods when the GCCS 
is not operating under normal conditions (which would include periods 
of startup, shutdown, and maintenance or repair), we noted that it will 
be important to know when such startup and shutdown periods begin and 
end in order to determine compliance with the appropriate standard. 
Thus, we proposed language in 40 CFR 63.1983(c)(6) to require that a 
landfill owner or operator report the date, time, and duration of each 
startup and shutdown period. However, the paragraphs we cited in the 
preamble and revised in the rule require only the records of such 
events.
    The EPA agrees with the commenter that recordkeeping and reporting 
for SSM events needs to be clarified in the final rule. Thus, the EPA 
revised 40 CFR 63.1981(h)(1) to make it clear that the semi-annual 
report must describe the date, time, and duration of periods during 
which an operating standard was exceeded, as well as when the GCCS was 
not operating. The semi-annual report in 40 CFR 63.1981(h) does not 
require separate reporting of SSM events, but every exceedance, 
including when operating standards are exceeded and when the GCCS is 
not operating, must be reported including during SSM.
4. What is the rationale for our final approach for the SSM provisions?
    We evaluated the comments on the EPA's proposed amendments to the 
SSM provisions. For the reasons explained in the proposed rule, we 
determined that the proposed amendments appropriately remove and revise 
provisions related to SSM not consistent with the requirement that the 
standards apply at all times. More information concerning the 
amendments we are finalizing for SSM is in the preamble to the proposed 
rule (84 FR 36693, July 29, 2019). Therefore, we are finalizing our 
approach for the SSM provisions as proposed with the clarifications 
described in section IV.C.3 of this preamble.

D. Summary of Changes Since Proposal

1. Enhanced Monitoring, Recordkeeping, and Reporting for Elevated 
Wellhead Temperature
    Given concerns with fire risks from elevated temperatures, and the 
fact that parameters other than temperature can be indicators of a SOE, 
we proposed enhanced wellhead monitoring and visual inspections for 
subsurface oxidation events (40 CFR 63.1961(a)), and in some cases more 
frequent reporting (40 CFR 63.1981(k)), for any landfill with wellhead 
temperature exceeding 145 [deg]F. The proposed enhanced monitoring 
included weekly monitoring of CO, oxygen, and methane. For each CO 
measurement, the EPA proposed to require an independent laboratory 
analysis (84 FR 36691, July 29, 2019). As part of enhanced monitoring, 
the EPA proposed weekly temperature monitoring every 10 vertical feet 
down the well (downwell monitoring).
    Several commenters expressed concerns with the requirement for 
independent laboratory CO testing. One commenter observed that 
laboratory testing is expensive, and three commenters stated that 
requiring laboratory testing would extend the response time and not 
provide timely information that can help the landfill owner or operator 
improve compliance. One commenter also noted several concerns with the 
logistics of independent laboratory analysis, including concerns with 
the proposed test methods and sample transportation.
    The EPA agrees with commenters that independent laboratory analysis 
could present logistical challenges and potentially increase costs. 
Shipping passivated canisters or multi-layer foil gas sampling bags 
could require specialized shipping and could delay results that could 
improve operation of the GCCS. Therefore, based on public comments, the 
EPA is removing the requirement for an independent laboratory to 
analyze each CO measurement. In the final rule, landfill owners or 
operators have the option to collect the sample and conduct analysis 
on-site, using purchased or rented equipment that meets the 
requirements of EPA Method 10. This could generate results quicker, 
enabling the owner or operator to adjust the GCCS in a more timely 
manner. Conducting the analysis on-site would also prevent the need to 
package and ship the canisters or bags, thus, saving shipping costs and 
eliminating the logistical concerns of shipping the samples.
    One commenter expressed concerns with the indefinite term of the 
enhanced monitoring. The commenter advised that if CO readings are less 
than 1,500 ppmv, monitoring should not be required indefinitely, but 
instead cease after 3 consecutive months. The commenter observed that 
this approach is consistent with the requirements of the consent 
decrees in the docket and with historical HOV demonstrations.
    Regarding when to stop enhanced CO monitoring, the EPA agrees with 
commenters because the weekly enhanced monitoring is not intended to 
continue indefinitely. In the proposal, there were two means to stop 
enhanced

[[Page 17254]]

weekly CO monitoring. Enhanced monitoring could be stopped once an HOV 
is approved, at which time the monitoring provisions issued with the 
HOV should be followed (40 CFR 63.1961(a)(5)(viii)). Alternatively, the 
enhanced monitoring could stop once the measurement of LFG temperature 
at the wellhead is below 145 [deg]F (40 CFR 63.1961(a)(5)(viii)). In 
the final rule, the EPA is retaining these two means to stop enhanced 
CO monitoring. The EPA is also providing an opportunity to reduce the 
frequency of monitoring in the final rule while still maintaining 
sufficient data availability of wellhead parameters for those wells 
that consistently operate at higher temperatures. Specifically, the EPA 
is extending the frequency of enhanced monitoring. Enhanced monitoring 
must be conducted on a weekly basis. However, if four consecutive 
weekly CO readings are below 100 ppmv, then monitoring may be decreased 
to a monthly basis. If the CO level exceeds 100 ppmv again, the 
landfill must return to weekly monitoring. Additionally, the EPA is 
specifically clarifying in the final rule that HOVs that have been 
previously approved under another MSW Landfill NSPS or EG regulation 
will not have to seek pre-approval for that HOV under the provisions in 
the NESHAP (40 CFR 63.1961(a)(5)).
    One commenter expressed concern with the proposed 1,500 ppmv 
threshold for CO, asserting that 1,000 ppmv would be a more reasonable 
upper limit for detecting or preventing landfill fires. The EPA agrees 
with the commenter. The EPA reexamined the MSW Landfills consent 
decrees cited in the proposed rule; documents from CalRecycle, the 
Federal Emergency Management Agency (FEMA), the U.S. Army Corps of 
Engineers, and the Solid Waste Association of North America. These 
documents (see Docket ID No. EPA-HQ-OAR-2002-0047) all cite a 1,000 
ppmv CO concentration as an indication of an underground landfill fire, 
in combination with other factors. Additionally, a guidance document 
from the Ohio EPA for subsurface heating events refers to the CO 
concentration cited in the FEMA and CalRecycle documents. Two of the 
consent decrees, Forward and Central Maui, require 24-hour electronic 
notification to the delegated authority for any CO reading of 1,000 
ppmv or above. For these reasons, the EPA is reducing the reporting 
threshold for CO from 1,500 ppmv to 1,000 ppmv in the final rule.
    One commenter expressed support for the downwell temperature 
reading requirement. However, another commenter warned that the 
downwell monitoring may not be achievable or yield meaningful data, 
noting that installation of thermocouples to measure well temperature 
may not be possible on a well that is already constructed due to 
shifting in the well as settlement occurs. The commenter also noted 
that if wells have been raised with solid pipe, or the boring log does 
not provide accurate as-built information, the data may not be 
meaningful. Another commenter requested that the EPA eliminate the 
downwell temperature monitoring requirement. The commenter observed 
that the EPA claims that the proposed enhanced monitoring for well 
temperature is intended to facilitate the detection of a subsurface 
fire, yet the solid waste industry has long recognized that subsurface 
fires occur near the surface, require oxygen, are visually 
recognizable, and are addressed with known remedies. The commenter 
asserted that weekly downwell measurements could be counter-productive 
and inconsistent with the GCCS best management practices or challenging 
to implement.
    The EPA reexamined the consent decrees and supporting documents and 
agrees with the commenters that weekly downwell monitoring could be 
potentially burdensome to implement. Requirements for conducting 
downwell temperature monitoring is in only the referenced consent 
decrees and not prescribed in the other supporting documents. Although 
the 2009 Ohio EPA best management practices document \5\ suggests that 
inter-well and intra-well temperature data may be useful, it does not 
require those data in all cases. For these reasons, the EPA is reducing 
the frequency of downwell monitoring from weekly to annually. Annual 
downwell temperature monitoring will provide more robust data on waste 
temperatures throughout the radius of influence of the well. In 
addition, the EPA is increasing the wellhead temperature threshold that 
triggers downwell monitoring. In the final rule, downwell monitoring is 
required for wellhead temperatures of 165 [deg]F or greater rather than 
145 [deg]F. The EPA believes the downwell monitoring data to be 
critical for assessing the operations of wells with these higher 
temperatures in order to minimize fire risks. The EPA expects that 
these changes will reduce the burden and implementation challenges 
associated with downwell monitoring.
---------------------------------------------------------------------------

    \5\ Ohio EPA. Guidance Document for Higher Operating Value 
Demonstrations. http://web.epa.state.oh.us/eBusinessCenter/Agency/DAPC/HOV%20Demonstration.doc.
---------------------------------------------------------------------------

    Because the EPA has changed the frequency of CO monitoring and 
downwell temperature monitoring, the EPA has modified the requirement 
to include a well-specific summary trend analysis in the semi-annual 
report (40 CFR 63.1981(h)(8)(ii)) to remove the downwell temperature 
and recognizes that CO monitoring may occur on a monthly or weekly 
basis depending on the level at the well. Additionally, the EPA has 
removed the requirement to submit a 24-hour high temperature report if 
the well is subject to an approved HOV for temperature (40 CFR 
63.1981(k)).
    The EPA has also adjusted the enhanced monitoring provisions at 40 
CFR 63.1961(a)(5) to remove the upper bound limitation of 170 [deg]F. 
Enhanced monitoring should continue until both this temperature level 
and a CO level of 1,000 ppmv have been reached, at which point the 
provisions 40 CFR 63.1960(a)(4)(i)(D) and 63.1981(k) apply. Consistent 
with the proposed preamble (80 FR 36692, July 29, 2019), high 
temperatures in combination with high levels of CO are considered a 
positive indication of an active underground fire. The EPA has adjusted 
the requirements for the records and reports associated with these 
enhanced monitoring data to remove the upper bound limitation.
2. Delegation of Authority
    Commenters expressed concerns with the EPA's proposed delegation of 
authority language (40 CFR 63.1985(c)). The EPA proposed at 40 CFR 
63.1985(c) that the EPA will not delegate ``approval of alternatives to 
the standards'' in 40 CFR 63.1955-63.1962, which the commenters 
interpreted to include authority to approve alternatives to monitoring 
(i.e., HOVs). Thus, the commenters contend that the language restricts 
delegated state or local agencies from approving or disapproving HOVs 
and other alternatives that are needed to reflect a source's site-
specific conditions. The commenters claim that the proposed provision 
will lead to confusion in the compliance and enforcement work of the 
delegated states or create conflicts wherein a state agency and the EPA 
disagree. One commenter contended that the proposal allows the EPA to 
approve an HOV by incorporating additional monitoring requirements. The 
commenter questioned whether incorporation of applicable NSPS-required 
limits and corrective actions in the title V permits would preclude the 
applicability of flexibility outside these terms. Another commenter was 
concerned that the

[[Page 17255]]

NESHAP was much more restrictive in the items that could be delegated 
than the NSPS and that this would create conflict between the EPA and 
delegated authorities.
    The EPA disagrees that proposed 40 CFR 63.1985(c) includes 
authority to approve HOVs. The EPA did not intend to preclude state or 
local agencies from approving or disapproving HOVs and other 
alternatives that are needed to reflect a source's site-specific 
conditions. The final NESHAP directly incorporates the major compliance 
provisions of the NSPS rules (subparts WWW and XXX). Consistent with 
the NSPS rules, the final NESHAP allows owners or operators to 
establish an HOV for temperature at a particular well (40 CFR 
63.1958(c)(1)). The owner or operator must submit a request for an HOV, 
along with supporting data, to the Administrator for approval. Also 
consistent with the NSPS rules, the collection and control system 
design plan may include for Administrator approval collection and 
control systems that include any alternatives to the operational 
standards, test methods, procedures, compliance measures, monitoring, 
recordkeeping, or reporting provisions. The Administrator or delegated 
authority would review and approve the HOV or design plan.
    The EPA recognizes that proposed 40 CFR 63.1985(c) does not reflect 
its intent and may have caused confusion. In 40 CFR 63.1985(c), the EPA 
retains authority to approve ``alternatives to the standards'' in 40 
CFR 63.1955-63.1962. Commenters incorrectly interpreted that the term 
``alternative emission standards'' includes authority to approve HOVs. 
The term ``emission standards'' is defined in 40 CFR 60.21(f) as ``a 
legally enforceable regulation setting forth an allowable rate of 
emissions into the atmosphere, establishing an allowance system, or 
prescribing equipment specifications for control of air pollution 
emissions.'' The EPA intends the use of the phrase ``alternative 
emission standards'' to refer to the ``Standards'' for MSW landfill 
emissions in 40 CFR 63.1955-63.1962. The EPA does not intend 
``alternative emission standards'' to include alternatives for wellhead 
monitoring in 40 CFR 63.1958. The EPA also does not intend to retain 
authority to review and approve gas collection and control design 
plans.
    Thus, based on public comments, the EPA is revising 40 CFR 
63.1985(c) to reflect the EPA's intent, which is not to preclude states 
or other delegated authorities from approving HOVs and design plans. 
The EPA will delegate authority to approve HOVs and design plans. 
However, consistent with the NSPS, the final rule retains the EPA's 
authority to approve alternative methods for determining the NMOC 
concentration in 40 CFR 63.1959(a)(3) and a site-specific methane 
generation rate constant in 40 CFR 63.1959(a)(4).
3. Technical Corrections
    Based on public comments, the EPA made several technical 
corrections and clarifications to make clear the requirements of the 
regulation.
     40 CFR 60.38f(k) and 60.767(j). Clarified that if an MSW 
landfill owner or operator is complying with the major compliance 
provisions of the NESHAP, then the owner or operator must follow the 
corrective action and the corresponding timeline reporting requirements 
in the NESHAP (40 CFR 63.1981(j)) in lieu of the corresponding timeline 
reporting requirements of the EG or NSPS, respectively.
     40 CFR 60.39f(e)(6). Corrected a typographical error. 
Removed the word ``you'' and retained ``owner or operator.''
     40 CFR 60.750. Clarified that an affected MSW landfill 
continues to comply with 40 CFR part 60, subpart WWW until it becomes 
subject to the more stringent requirements in an approved and effective 
state or federal plan that implements 40 CFR part 60, subpart Cf of 
this part, or until it modifies or reconstructs after July 17, 2014, 
and, thus, becomes subject to subpart XXX.
     40 CFR 60.768(e)(6). Corrected a typographical error. 
Removed the word ``you'' and retained ``owner or operator.''
     40 CFR 63.1947(a)(2). Corrected typographical error. Refer 
to 40 CFR 63.1982(c) and (d) instead of 40 CFR 63.1980(g) and (h) for 
moisture calculations.
     40 CFR 63.1955(a). Clarified that alternatives to the 
operational standards, test methods, procedures, compliance measures, 
monitoring, recordkeeping, or reporting provisions that have already 
been approved under 40 CFR part 60, subpart XXX can be used to comply 
with the NESHAP.
     40 CFR 63.1960(a)(4)(i). Corrected typographical error. 
Removed the phrase, ``for the purpose of identifying whether excess air 
infiltration exists'' because the phrase does not apply to temperature.
     40 CFR 63.1960(a)(4)(i)(D). Clarified that if the LFG 
temperature measured at either the wellhead or at any point in the well 
is greater than or equal to 76.7 [deg]C (170 [deg]F) and the CO 
concentration measured is greater than or equal to 1,000 ppmv, the 
owner or operator must complete the corrective action(s) for the 
wellhead temperature standard (62.8 [deg]C or 145 [deg]F) within 15 
days.
     40 CFR 63.1960(e). Corrected reference from 40 CFR 
63.1958(c) to 40 CFR 63.1958(e) to refer to SSM requirements.
     40 CFR 63.1961(a)(5). Clarified that landfills with 
previously approved HOVs for temperature under various landfills 
subparts are not required to conduct enhanced monitoring.
     40 CFR 63.1961(a)(5)(vii). Corrected reference from 
paragraph (a)(4) to (a)(5) to reference enhanced monitoring 
requirements.
     40 CFR 63.1981(h)(1), (h)(1)(i), and (h)(1)(ii). Clarified 
that the semi-annual report must include the date, time, and duration 
of ``each exceedance'' of the applicable monitoring parameters, not 
``each failure.''
     40 CFR 63.1983(e)(2)(i). Corrected paragraph numbering to 
be (i), (ii), and (iii) instead of (i), (i), and (ii) and corrected 
cross-reference to the enhanced monitoring provisions in 40 CFR 
63.1961(a)(5).
     40 CFR 63.1990. Definition of controlled landfill. 
Clarified that the landfill is a controlled landfill when a collection 
and control system design plan is submitted in compliance with 40 CFR 
60.752(b)(2)(i) or in compliance with 40 CFR 63.1959(b)(2)(i), 
regardless of whether that submittal is within 18 months after date of 
publication of the final rule in the Federal Register.
     Table 1 to subpart AAAA of part 63. Expanded to indicate 
which initial notifications apply before and which notifications apply 
after the date 18 months after publication of the final rule in the 
Federal Register. Added ``Yes'' entries for 40 CFR 63.6(i) and (j), and 
40 CFR 63.10(a) to show applicability after the initial 18-month 
timeframe. Added a ``No'' entry for 40 CFR 63.10(c).

V. Summary of Cost, Environmental, and Economic Impacts and Additional 
Analyses Conducted

A. What are the affected facilities?

    We anticipate that approximately 738 active or closed MSW landfills 
in the United States and territories will be affected by these final 
amendments in the year 2023. This number is based on all landfills that 
accepted waste after November 8, 1987, that have a design capacity of 
at least 2.5 million Mg and 2.5 million m\3\. In addition, this number 
reflects the subset of landfills meeting these two criteria with 
modeled emission estimates of 50 Mg/yr NMOC or greater that have 
installed controls on or before 2023. While the EPA

[[Page 17256]]

recognizes some uncertainty regarding which landfills have actually 
exceeded the emission threshold, given the allowance of sites to 
estimate emissions using Tiers 1, 2, or 3, and the site-specific nature 
of NMOC concentrations, the number of MSW landfills that are collocated 
with major sources and, therefore, also subject to control requirements 
under this rule is also unknown. Therefore, 738 is the best estimate of 
the affected sources.

B. What are the air quality impacts?

    The final amendments are expected to have a minimal impact on air 
quality. While these amendments do not require stricter control 
requirements or work practice standards on landfills to comply with the 
proposed amendments, some landfills may find that the adjustments made 
to the oxygen, nitrogen, and temperature wellhead standards finalized 
herein provide enough operational flexibility to install, expand, and 
operate additional voluntary GCCS, which could reduce emissions. The 
other proposed revisions that affect testing, monitoring, 
recordkeeping, and reporting will ensure that the GCCS equipment 
continues to perform as expected and provide reliable data from each 
facility to be reported for compliance.

C. What are the cost impacts?

    The EPA has estimated $0 compliance costs for all new and existing 
sources affected by this final rule, beyond what is already required 
under the existing NESHAP and what is already included in the 
previously approved information collection activities contained in the 
existing NESHAP (Office of Management and Budget (OMB) control number 
2060-0505), as described in section VI.C of this preamble. Furthermore, 
landfills accepting waste after November 8, 1987, must comply with the 
similar, yet, more stringent requirements of the 2016 NSPS or a plan 
implementing 40 CFR part 60, subpart Cf. Many of the changes in these 
amendments better align the NESHAP with the requirements of the NSPS 
and plans implementing subpart Cf. These changes simplify compliance, 
which in turn could reduce costs. For example, elimination of the 
wellhead operating standards for oxygen and nitrogen to match 
requirements in the NSPS will reduce the number of requests for HOVs, 
which in turn could decrease compliance costs.
    The EPA maintains that final changes to enhanced monitoring for 
wellhead temperature are not estimated to incur a cost. The EPA is 
finalizing a temperature standard that is 14 [deg]F higher than the 
standard that currently exists in the baseline regulations in order to 
provide additional flexibility to controlled landfills. However, 
ultimately, the requirement in the final NESHAP remains to install and 
operate a well-designed and well-operated GCCS. The EPA is not 
requiring enhanced monitoring from all controlled landfills, but this 
option is being made available as a compliance flexibility to the 
population of wells that do not already have an approved HOV and for 
which temperature cannot be adjusted downward through routine GCCS 
adjustments. Based on feedback provided in public comments, over 6,000 
HOV requests have been submitted and reviewed by regulatory agencies, 
and the enhanced monitoring requirements would not apply to any of the 
HOV requests that have received approval. Furthermore, the concern that 
the enhanced monitoring requirements would continue in perpetuity is 
unsubstantiated. First, landfills have up to 7 days to adjust the well 
to achieve a lower temperature before the enhanced monitoring 
requirements are triggered (40 CFR 63.1961(a)(5)(vii)). Second, the 
enhanced monitoring can stop once the well temperature drops back to 
145 [deg]F or less. The EPA did not receive any comments on the number 
of wells that are operating above 145 [deg]F without an approved HOV, 
which would have helped the EPA quantify how many wells would be 
affected and the corresponding costs. Additionally, the EPA did not 
receive any data on how long the wells without an approved HOV 
typically exceed 145 [deg]F. Given insufficient data on the number and 
length of each temperature exceedance to make an estimate, the EPA has 
not quantified any cost impacts for the enhanced monitoring.
    The EPA also contends that many of the parameters required in the 
enhanced monitoring are also parameters that are required to obtain an 
approval of an HOV request under the baseline regulations and so these 
costs are not an incremental cost that is not otherwise happening 
outside of the NESHAP amendments. For example, the Ohio EPA already 
requires 6 months of historical data, narrative discussion of the 
visual evidence of fire, and CO measurements using appropriate 
laboratory techniques.\6\ Under the final amendments, the EPA 
anticipates that landfill operators will immediately implement 
corrective actions to lower well temperatures, as well as immediately 
file appeals for HOVs for their wells, if appropriate. The EPA 
anticipates that processing requests for HOVs will be quicker because 
fewer requests are expected to be submitted due to the higher 
temperature standard and elimination of the oxygen and nitrogen 
standard.
---------------------------------------------------------------------------

    \6\ Ohio EPA. Guidance Document for Higher Operating Value 
Demonstrations. http://web.epa.state.oh.us/eBusinessCenter/Agency/DAPC/HOV%20Demonstration.doc.
---------------------------------------------------------------------------

    The EPA also maintains that removal of the requirement to prepare 
an SSM plan and removal of the associated recordkeeping and reporting 
requirements will not result in additional costs for new or modified 
facilities, but instead result in a cost savings. Owners or operators 
will not incur the cost of preparing an SSM plan. To meet their 
obligation under 40 CFR 63.1955(c) to minimize emissions during 
collection or control system downtime, owners or operators are expected 
to rely on existing standard operating procedures and safety practices. 
The EPA expects that some landfills may incorporate automated controls 
that would shut down the gas mover system and valves in the event of 
detection of a collection or control system malfunction. Such systems 
are expected to have existing corresponding written or automated 
standard operating procedures and safety practices.
    The recordkeeping and reporting requirements will not result in 
additional costs for new or modified facilities. The final work 
practice requirements mandate a shutdown of the gas mover system and 
all valves within the collection and control system within 1 hour of 
the collection or control system not operating and then require repair 
efforts to proceed in a way that keeps downtime to a minimum (40 CFR 
63.1958(e)(1)(i)-(ii)). A landfill demonstrates compliance with these 
requirements via recordkeeping as specified in 40 CFR 63.1983(c)(6)-
(7). The work practice requirement to record and report all instances 
of downtime will not result in an increased recordkeeping and reporting 
burden as compared to the 2003 NESHAP. Via cross-reference to the 1996 
NSPS (40 CFR part 60, subpart WWW) to (40 CFR 63.1955(a)(1)), the 2003 
NESHAP already required landfill owners to keep continuous records of 
the indication of flow to the control device, report periods when the 
control device was not operating for a period exceeding 1 hour. The 
records required by existing regulations serve as the records of system 
downtime.
    Note that this work practice itself does not add incremental cost 
to new or modified landfills subject to the proposed regulation because 
this requirement already appears in the

[[Page 17257]]

NESHAP as promulgated in 2003 at 40 CFR 63.1955(a)(1), which says 
affected landfills must comply with the requirements of the 1996 NSPS. 
40 CFR 60.753(e) already requires owners or operators to shut down the 
gas mover system and close all valves in the collection and control 
system contributing to venting of the gas to the atmosphere within 1 
hour.
    Given that the costs for these enhanced monitoring requirements 
cannot be quantified, in addition to the fact that there are some cost 
savings previously documented to offset these costs,\7\ the EPA 
concludes that the final rule is best characterized as a no-cost 
action.
---------------------------------------------------------------------------

    \7\ U.S. EPA, Cost Impacts of National Emission Standards for 
Hazardous Air Pollutants: Municipal Solid Waste (MSW) Landfills Risk 
and Technology Review, May 20, 2019, Docket ID Item No. EPA-HQ-OAR-
2002-0047-0081.
---------------------------------------------------------------------------

D. What are the economic impacts?

    The economic impact analysis is designed to inform decision makers 
about the potential economic consequences of a regulatory action. 
Because there are no costs associated with the final rule, no economic 
impacts are anticipated.

E. What are the benefits?

    As stated in section V.B of this preamble, we were unable to 
quantify the specific emissions reductions associated with adjustments 
made to the oxygen and nitrogen wellhead operating standards, although 
this change has the potential to reduce emissions. Any reduction in HAP 
emissions would be expected to provide health benefits in the form of 
improved air quality and less exposure to potentially harmful 
chemicals.

F. What analysis of environmental justice did we conduct?

    To examine the potential for any environmental justice issues that 
might be associated with the MSW Landfills source category, we 
performed a demographic analysis, which is an assessment of risk to 
individual demographic groups of the populations living within 5 
kilometers (km) and within 50 km of the facilities. In the analysis, we 
evaluated the distribution of HAP-related cancer and noncancer risk 
from the source category across different demographic groups within the 
populations living near facilities.\8\
---------------------------------------------------------------------------

    \8\ Demographic groups included in the analysis are: White, 
African American, Native American, other races and multiracial, 
Hispanic or Latino, children 17 years of age and under, adults 18 to 
64 years of age, adults 65 years of age and over, adults without a 
high school diploma, people living below the poverty level, people 
living two times above the poverty level, and linguistically 
isolated people.
---------------------------------------------------------------------------

    The results of the demographic analysis are summarized in Table 3 
of this preamble. These results, for various demographic groups, are 
based on the estimated risk from actual emissions levels for the 
population living within 50 km of the facilities.

                    Table 3--MSW Landfills Source Category Demographic Risk Analysis Results
----------------------------------------------------------------------------------------------------------------
                                                                             Population with
                                                                               cancer risk      Population with
                                                                             greater than or      hazard index
                                                                             equal to  1 in 1   greater than 1
                                                                                 million
----------------------------------------------------------------------------------------------------------------
                                                             Nationwide                Source category
                                                        --------------------------------------------------------
Total Population.......................................        317,746,049             18,217                  0
                                                        --------------------------------------------------------
                                                                             Race by Percent
                                                        --------------------------------------------------------
White..................................................                 62                 58                  0
All Other Races........................................                 38                 42                  0
                                                        --------------------------------------------------------
                                                                             Race by Percent
                                                        --------------------------------------------------------
African American.......................................                 12                 13                  0
Native American........................................                0.8                0.1                  0
Hispanic or Latino (includes white and nonwhite).......                 18                 20                  0
Other and Multiracial..................................                  7                  8                  0
                                                        --------------------------------------------------------
                                                                            Income by Percent
                                                        --------------------------------------------------------
Below Poverty Level....................................                 14                 15                  0
Above Poverty Level....................................                 86                 85                  0
                                                        --------------------------------------------------------
                                                                           Education by Percent
                                                        --------------------------------------------------------
Over 25 and without a High School Diploma..............                 14                 17                  0
Over 25 and with a High School Diploma.................                 86                 83                  0
                                                        --------------------------------------------------------
                                                                    Linguistically Isolated by Percent
                                                        --------------------------------------------------------
Linguistically Isolated................................                  6                  8                  0
----------------------------------------------------------------------------------------------------------------

G. What analysis of children's environmental health did we conduct?

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action's health and risk assessments are summarized in 
section IV.A of this preamble and are further documented in the report, 
Risk and Technology Review-Analysis of Demographic Factors for 
Populations

[[Page 17258]]

Living Near Municipal Solid Waste Landfill Source Category Operations, 
available in the docket for this action.

VI. Incorporation by Reference

    In accordance with the requirements of 1 CFR 51.5, we are 
finalizing regulatory text in 40 CFR 63.1961(a)(2)(ii) and (2)(iii)(B) 
that includes the IBR of ASTM D6522-11--Standard Test Method for 
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Concentrations in Emissions from Natural Gas-Fired Reciprocating 
Engines, Combustion Turbines, Boilers, and Process Heaters Using 
Portable Analyzers (Approved December 1, 2011), as an alternative for 
determining oxygen for wellhead standards in 40 CFR 63.1961(a)(2). For 
this test method, a gas sample is continuously extracted from a duct 
and conveyed to a portable analyzer for determination of nitrogen 
oxides, CO, and oxygen gas concentrations using electrochemical cells. 
Analyzer design specifications, performance specifications, and test 
procedures are provided to ensure reliable data. This method is an 
alternative to EPA methods and is consistent with the methods already 
allowed under the 2016 NSPS and EG (subparts XXX and Cf). The ASTM 
standards are available from the American Society for Testing and 
Materials, 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959. See http://www.astm.org. You may inspect a 
copy at the EPA Docket Center, WJC West Building, Room Number 3334, 
1301 Constitution Ave. NW, Washington, DC; phone number: (202) 566-
1744; Docket ID No. EPA-HQ-OAR-2019-0338. This IBR has been approved by 
the Office of the Federal Register and the method is federally 
enforceable under the CAA as of the effective date of this final 
rulemaking.

VII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Orders 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the OMB for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory 
action. This final rule provides meaningful burden reduction by 
removing the requirements for SSM plans and periodic SSM reports, 
removing the oxygen and nitrogen wellhead operating standards, 
increasing the temperature wellhead standard, revising the corrective 
action timeline and procedures, providing flexibility for landfills to 
remove controls, and adding electronic reporting.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0505. The only burden associated with the final 
rule is limited to affected sources becoming familiar with the changes 
in the final rule. The burden for respondents to review rule 
requirements each year is already accounted for in the previously 
approved information collection activities contained in the existing 
regulations (40 CFR part 63, subpart AAAA), which were assigned OMB 
control number 2060-0505. Additionally, changes to 40 CFR part 60, 
subpart WWW, subpart XXX, and subpart Cf only add clarifying language 
for affected sources and provide alternatives for any deviations from 
the respective standards. These changes would not increase any burden 
for affected sources.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden, or otherwise has a positive economic effect on the small 
entities subject to the rule. This action is projected to affect 738 
MSW landfills, and approximately 60 of these facilities are owned by a 
small entity. The small entities subject to the requirements of this 
final rule may include private small business and small governmental 
jurisdictions that own or operate landfills, but the cost for complying 
with the final amendments is expected to be $0. We have, therefore, 
concluded that this action will have no net regulatory burden for all 
directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. While state, local, 
or tribal governments own and operate landfills subject to these final 
amendments, the impacts resulting from this regulatory action are far 
below the applicable threshold.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. The database used to 
estimate impacts of these final amendments identified one tribe, the 
Salt River Pima-Maricopa Indian Community, that owns three landfills 
potentially subject to the NESHAP. Two of these landfills are already 
controlling emissions--the Salt River Landfill and the Tri Cities 
Landfill. Although the permits for these landfills indicate they are 
subject to this subpart, these final changes are not expected to 
increase the costs. The other landfill, North Center Street Landfill, 
is not estimated to install controls under the NESHAP. The EPA offered 
to consult with tribal officials under the EPA Policy on Consultation 
and Coordination with Indian Tribes in the process of developing this 
regulation to permit them to have meaningful and timely input into its 
development. A copy of the letter offering consultation is in the 
docket for this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental

[[Page 17259]]

health or safety risks addressed by this action present a 
disproportionate risk to children. This action's health and risk 
assessments are contained in sections III.A and IV.A of this preamble.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
part 51

    This action involves technical standards. The EPA has decided to 
use voluntary consensus standards ASTM D6522-11, ``Standard Test Method 
for the Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Concentrations in Emissions from Natural Gas-Fired Reciprocating 
Engines, Combustion Turbines, Boilers, and Process Heaters Using 
Portable Analyzers,'' as an acceptable alternative to EPA Method 3A 
when used at the wellhead before combustion. It is advisable to know 
the flammability and check the lower explosive limit of the flue gas 
constituents prior to sampling, in order to avoid undesired ignition of 
the gas. The results of ASTM D6522-11 may be used to determine nitrogen 
oxides and CO emission concentrations from natural gas combustion at 
stationary sources. This test method may also be used to monitor 
emissions during short-term emission tests or periodically in order to 
optimize process operation for nitrogen oxides and CO control. The 
EPA's review is documented in the memorandum, Voluntary Consensus 
Standard Results for National Emission Standards for Hazardous Air 
Pollutants: Municipal Solid Waste Landfills Residual Risk and 
Technology Review, in the docket for this rulemaking (Docket ID No. 
EPA-HQ-OAR-2002-0047).
    In this rule, the EPA is finalizing regulatory text for 40 CFR part 
63, subpart AAAA that includes IBR in accordance with requirements of 1 
CFR 51.5. Specifically, the EPA is incorporating by reference ASTM 
D6522-11. See section VI of this preamble for information on the 
availability of this material.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (58 FR 7629, February 16, 1994).
    Our analysis of the demographics of the population with estimated 
risks greater than 1-in-1 million indicates potential disparities in 
risks between demographic groups, including the African American, 
Hispanic or Latino, Over 25 Without a High School Diploma, and Below 
the Poverty Level groups. In addition, the population living within 50 
km of MSW landfills has a higher percentage of minority, lower income, 
and lower education people when compared to the nationwide percentages 
of those groups. However, acknowledging these potential disparities, 
the risks for the source category were determined to be acceptable, and 
any emissions reductions from the final revisions will benefit these 
groups the most.
    The documentation for this decision is contained in section IV.B 
and C of this preamble, and the technical report, Risk and Technology 
Review--Analysis of Demographic Factors for Populations Living Near 
Municipal Solid Waste Landfill Source Category Operations, which is 
available in the docket for this action.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: February 25, 2020.
Andrew R. Wheeler,
Administrator.
    For the reasons set forth in the preamble, the EPA amends 40 CFR 
parts 60 and 63 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

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

0
2. Section 60.34f is amended by revising the introductory text to read 
as follows:


Sec.  60.34f  Operational standards for collection and control systems.

    For approval, a state plan must include provisions for the 
operational standards in this section (as well as the provisions in 
Sec. Sec.  60.36f and 60.37f), or the operational standards in Sec.  
63.1958 of this chapter (as well as the provisions in Sec. Sec.  
63.1960 of this chapter and 63.1961 of this chapter), or both as 
alternative means of compliance, for an MSW landfill with a gas 
collection and control system used to comply with the provisions of 
Sec.  60.33f(b) and (c). Once the owner or operator begins to comply 
with the provisions of Sec.  63.1958 of this chapter, the owner or 
operator must continue to operate the collection and control device 
according to those provisions and cannot return to the provisions of 
this section. Each owner or operator of an MSW landfill with a gas 
collection and control system used to comply with the provisions of 
Sec.  60.33f(b) and (c) must:
* * * * *

0
3. Section 60.36f is amended by revising the introductory text and 
paragraph (a)(3)(ii) to read as follows:


Sec.  60.36f  Compliance provisions.

    For approval, a state plan must include the compliance provisions 
in this section (as well as the provisions in Sec. Sec.  60.34f and 
60.37f), or the compliance provisions in Sec.  63.1960 of this chapter 
(as well as the provisions in Sec. Sec.  63.1958 of this chapter and 
63.1961 of this chapter), or both as alternative means of compliance, 
for an MSW landfill with a gas collection and control system used to 
comply with the provisions of Sec.  60.33f(b) and (c). Once the owner 
or operator begins to comply with the provisions of Sec.  63.1960 of 
this chapter, the owner or operator must continue to operate the 
collection and control device according to those provisions and cannot 
return to the provisions of this section.
    (a) * * *
    (3) * * *

[[Page 17260]]

    (ii) If corrective actions cannot be fully implemented within 60 
days following the positive pressure or elevated temperature 
measurement for which the root cause analysis was required, the owner 
or operator must also conduct a corrective action analysis and develop 
an implementation schedule to complete the corrective action(s) as soon 
as practicable, but no more than 120 days following the measurement of 
landfill gas temperature greater than 55 degrees Celsius (131 degrees 
Fahrenheit) or positive pressure. The owner or operator must submit the 
items listed in Sec.  60.38f(h)(7) as part of the next annual report. 
The owner or operator must keep records according to Sec.  
60.39f(e)(4).
* * * * *

0
4. Section 60.37f is amended by revising the introductory text to read 
as follows:


Sec.  60.37f  Monitoring of operations.

    For approval, a state plan must include the monitoring provisions 
in this section, (as well as the provisions in Sec. Sec.  60.34f and 
60.36f) except as provided in Sec.  60.38f(d)(2), or the monitoring 
provisions in Sec.  63.1961 of this chapter (as well as the provisions 
in Sec. Sec.  63.1958 of this chapter and 63.1960 of this chapter), or 
both as alternative means of compliance, for an MSW landfill with a gas 
collection and control system used to comply with the provisions of 
Sec.  60.33f(b) and (c). Once the owner or operator begins to comply 
with the provisions of Sec.  63.1961 of this chapter, the owner or 
operator must continue to operate the collection and control device 
according to those provisions and cannot return to the provisions of 
this section.
* * * * *

0
5. Section 60.38f is amended by revising paragraphs (h) introductory, 
(h)(7), and (k) introductory text and adding paragraph (n) to read as 
follows:


Sec.  60.38f  Reporting guidelines.

* * * * *
    (h) Annual report. The owner or operator of a landfill seeking to 
comply with Sec.  60.33f(e)(2) using an active collection system 
designed in accordance with Sec.  60.33f(b) must submit to the 
Administrator, following the procedures specified in paragraph (j)(2) 
of this section, an annual report of the recorded information in 
paragraphs (h)(1) through (7) of this section. The initial annual 
report must be submitted within 180 days of installation and startup of 
the collection and control system. The initial annual report must 
include the initial performance test report required under Sec.  60.8, 
as applicable, unless the report of the results of the performance test 
has been submitted to the EPA via the EPA's CDX. In the initial annual 
report, the process unit(s) tested, the pollutant(s) tested and the 
date that such performance test was conducted may be submitted in lieu 
of the performance test report if the report has been previously 
submitted to the EPA's CDX. The initial performance test report must be 
submitted, following the procedure specified in paragraph (j)(1) of 
this section, no later than the date that the initial annual report is 
submitted. For enclosed combustion devices and flares, reportable 
exceedances are defined under Sec.  60.39f(c)(1). If complying with the 
operational provisions of Sec. Sec.  63.1958, 63.1960, and 63.1961 of 
this chapter, as allowed at Sec. Sec.  60.34f, 60.36f, and 60.37f, the 
owner or operator must follow the semi-annual reporting requirements in 
Sec.  63.1981(h) of this chapter in lieu of this paragraph.
* * * * *
    (7) For any corrective action analysis for which corrective actions 
are required in Sec.  60.36f(a)(3) or (5) and that take more than 60 
days to correct the exceedance, the root cause analysis conducted, 
including a description of the recommended corrective action(s), the 
date for corrective action(s) already completed following the positive 
pressure or elevated temperature reading, and, for action(s) not 
already completed, a schedule for implementation, including proposed 
commencement and completion dates.
* * * * *
    (k) Corrective action and the corresponding timeline. The owner or 
operator must submit according to paragraphs (k)(1) and (2) of this 
section. If complying with the operational provisions of Sec. Sec.  
63.1958, 63.1960, and 63.1961 of this chapter, as allowed at Sec. Sec.  
60.34f, 60.36f, and 60.37f, the owner or operator must follow the 
corrective action and the corresponding timeline reporting requirements 
in Sec.  63.1981(j) of this chapter in lieu of paragraphs (k)(1) and 
(2) of this section.
* * * * *
    (n) Each owner or operator that chooses to comply with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, 
as allowed in Sec. Sec.  60.34f, 60.36f, and 60.37f, must submit the 
24-hour high temperature report according to Sec.  63.1981(k) of this 
chapter.

0
6. Section 60.39f is amended by revising paragraph (e) introductory 
text and adding paragraph (e)(6) to read as follows:


Sec.  60.39f  Recordkeeping guidelines.

* * * * *
    (e) Except as provided in Sec.  60.38f(d)(2), each owner or 
operator subject to the provisions of this subpart must keep for at 
least 5 years up-to-date, readily accessible records of the items in 
paragraphs (e)(1) through (5) of this section. Each owner or operator 
that chooses to comply with the provisions in Sec. Sec.  63.1958, 
63.1960, and 63.1961 of this chapter, as allowed in Sec. Sec.  60.34f, 
60.36f, and 60.37f, must keep the records in paragraph (e)(6) of this 
section and must keep records according to Sec.  63.1983(e)(1) through 
(5) of this chapter in lieu of paragraphs (e)(1) through (5) of this 
section.
* * * * *
    (6) Each owner or operator that chooses to comply with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, 
as allowed in Sec. Sec.  60.34f, 60.36f, and 60.37f, must keep records 
of the date upon which the owner or operator started complying with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961.
* * * * *

Subpart WWW--Standards of Performance for Municipal Solid Waste 
Landfills That Commenced Construction, Reconstruction, or 
Modification on or after May 30, 1991, but Before July 18, 2014

0
7. Section 60.750 is amended by revising paragraph (a) and adding 
paragraph (d) to read as follows:


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

    (a) The provisions of this subpart apply to each municipal solid 
waste landfill that commenced construction, reconstruction, or 
modification on or after May 30, 1991, but before July 18, 2014.
* * * * *
    (d) An affected municipal solid waste landfill must continue to 
comply with this subpart until it:
    (1) Becomes subject to the more stringent requirements in an 
approved and effective state or federal plan that implements subpart Cf 
of this part, or
    (2) Modifies or reconstructs after July 17, 2014, and thus becomes 
subject to subpart XXX of this part.

[[Page 17261]]

Subpart XXX--Standards of Performance for Municipal Solid Waste 
Landfills That Commenced Construction, Reconstruction, or 
Modification After July 17, 2014

0
8. Section 60.762 is amended by revising paragraph (b)(2)(iv) to read 
as follows:


Sec.  60.762  Standards for air emissions from municipal solid waste 
landfills.

* * * * *
    (b) * * *
    (2) * * *
    (iv) Operation. Operate the collection and control device installed 
to comply with this subpart in accordance with the provisions of 
Sec. Sec.  60.763, 60.765, and 60.766; or the provisions of Sec. Sec.  
63.1958, 63.1960, and 63.1961 of this chapter. Once the owner or 
operator begins to comply with the provisions of Sec. Sec.  63.1958, 
63.1960, and 63.1961 of this chapter, the owner or operator must 
continue to operate the collection and control device according to 
those provisions and cannot return to the provisions of Sec. Sec.  
60.763, 60.765, and 60.766.
* * * * *

0
9. Section 60.765 is amended by revising paragraph (a)(5)(ii) to read 
as follows:


Sec.  60.765  Compliance provisions.

    (a) * * *
    (5) * * *
    (ii) If corrective actions cannot be fully implemented within 60 
days following the positive pressure or elevated temperature 
measurement for which the root cause analysis was required, the owner 
or operator must also conduct a corrective action analysis and develop 
an implementation schedule to complete the corrective action(s) as soon 
as practicable, but no more than 120 days following the measurement of 
landfill gas temperature greater than 55 degrees Celsius (131 degrees 
Fahrenheit) or positive pressure. The owner or operator must submit the 
items listed in Sec.  60.767(g)(7) as part of the next annual report. 
The owner or operator must keep records according to Sec.  
60.768(e)(4).
* * * * *

0
10. Section 60.767 is amended by revising paragraphs (g) introductory 
text, (g)(7, and (j) introductory text and adding paragraph (m) to read 
as follows:


Sec.  60.767  Reporting requirements.

* * * * *
    (g) Annual report. The owner or operator of a landfill seeking to 
comply with Sec.  60.762(b)(2) using an active collection system 
designed in accordance with Sec.  60.762(b)(2)(ii) must submit to the 
Administrator, following the procedure specified in paragraph (i)(2) of 
this section, annual reports of the recorded information in paragraphs 
(g)(1) through (7) of this section. The initial annual report must be 
submitted within 180 days of installation and startup of the collection 
and control system and must include the initial performance test report 
required under Sec.  60.8, as applicable, unless the report of the 
results of the performance test has been submitted to the EPA via the 
EPA's CDX. In the initial annual report, the process unit(s) tested, 
the pollutant(s) tested, and the date that such performance test was 
conducted may be submitted in lieu of the performance test report if 
the report has been previously submitted to the EPA's CDX. For enclosed 
combustion devices and flares, reportable exceedances are defined under 
Sec.  60.768(c). If complying with the operational provisions of 
Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, as allowed at 
Sec.  60.762(b)(2)(iv), the owner or operator must follow the semi-
annual reporting requirements in Sec.  63.1981(h) of this chapter in 
lieu of this paragraph.
* * * * *
    (7) For any corrective action analysis for which corrective actions 
are required in Sec.  60.765(a)(3) or (5) and that take more than 60 
days to correct the exceedance, the root cause analysis conducted, 
including a description of the recommended corrective action(s), the 
date for corrective action(s) already completed following the positive 
pressure or elevated temperature reading, and, for action(s) not 
already completed, a schedule for implementation, including proposed 
commencement and completion dates.
* * * * *
    (j) Corrective action and the corresponding timeline. The owner or 
operator must submit according to paragraphs (j)(1) and (2) of this 
section. If complying with the operational provisions of Sec. Sec.  
63.1958, 63.1960, and 63.1961 of this chapter, as allowed at Sec.  
60.762(b)(2)(iv), the owner or operator must follow the corrective 
action and the corresponding timeline requirements in Sec.  63.1981(j) 
of this chapter in lieu of this paragraph.
* * * * *
    (m) Each owner or operator that chooses to comply with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961, as allowed at 
Sec.  60.762(b)(2)(iv), must submit the 24-hour high temperature report 
according to Sec.  63.1981(k) of this chapter.

0
11. Section 60.768 is amended by revising paragraph (e) introductory 
text and adding paragraph (e)(6) to read as follows:


Sec.  60.768  Recordkeeping requirements.

* * * * *
    (e) Except as provided in Sec.  60.767(c)(2), each owner or 
operator subject to the provisions of this subpart must keep for at 
least 5 years up-to-date, readily accessible records of the items in 
paragraphs (e)(1) through (5) of this section. Each owner or operator 
that chooses to comply with the provisions in Sec. Sec.  63.1958, 
63.1960, and 63.1961 of this chapter, as allowed at Sec.  
60.762(b)(2)(iv), must keep the records in paragraph (e)(6) of this 
section and must keep records according to Sec. Sec.  63.1983(e)(1) 
through (5) of this chapter in lieu of paragraphs (e)(1) through (5) of 
this section.
* * * * *
    (6) Each owner or operator that chooses to comply with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, 
as allowed at Sec.  60.762(b)(2)(iv), must keep records of the date 
upon which the owner or operator started complying with the provisions 
in Sec. Sec.  63.1958, 63.1960, and 63.1961.
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
12. The authority citation for part 63 continues to read as follows:

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


0
13. Section 63.14 is amended by revising paragraph (h)(94) to read as 
follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (h) * * *
    (94) ASTM D6522-11 Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in 
Emissions from Natural Gas-Fired Reciprocating Engines, Combustion 
Turbines, Boilers, and Process Heaters Using Portable Analyzers, 
Approved December 1, 2011, IBR approved for Sec.  63.1961(a) and table 
3 to subpart YYYY.
* * * * *

0
14. Subpart AAAA is revised to read as follows:

[[Page 17262]]

Subpart AAAA--National Emission Standards for Hazardous Air Pollutants: 
Municipal Solid Waste Landfills

What This Subpart Covers

Sec.
63.1930 What is the purpose of this subpart?
63.1935 Am I subject to this subpart?
63.1940 What is the affected source of this subpart?
63.1945 When do I have to comply with this subpart?
63.1947 When do I have to comply with this subpart if I own or 
operate a bioreactor?
63.1950 When am I no longer required to comply with this subpart?
63.1952 When am I no longer required to comply with the requirements 
of this subpart if I own or operate a bioreactor?

Standards

63.1955 What requirements must I meet?
63.1957 Requirements for gas collection and control system 
installation and removal
63.1958 Operational standards for collection and control systems
63.1959 NMOC calculation procedures
63.1960 Compliance provisions
63.1961 Monitoring of operations
63.1962 Specifications for active collection systems

General and Continuing Compliance Requirements

63.1964 How is compliance determined?
63.1965 What is a deviation?
63.1975 How do I calculate the 3-hour block average used to 
demonstrate compliance?

Notifications, Records, and Reports

63.1981 What reports must I submit?
63.1982 What records and reports must I submit and keep for 
bioreactors or liquids addition other than leachate?
63.1983 What records must I keep?

Other Requirements and Information

63.1985 Who enforces this subpart?
63.1990 What definitions apply to this subpart?

Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General 
Provisions to Subpart AAAA

Subpart AAAA--National Emission Standards for Hazardous Air 
Pollutants: Municipal Solid Waste Landfills

What This Subpart Covers


Sec.  63.1930  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants for existing and new municipal solid waste (MSW) 
landfills.
    (a) Before September 28, 2021, all landfills described in Sec.  
63.1935 must meet the requirements of 40 CFR part 60, subpart WWW, or 
an approved state or federal plan that implements 40 CFR part 60, 
subpart Cc, and requires timely control of bioreactors and additional 
reporting requirements. Landfills must also meet the startup, shutdown, 
and malfunction (SSM) requirements of the general provisions as 
specified in Table 1 to Subpart AAAA of this part and must demonstrate 
compliance with the operating conditions by parameter monitoring 
results that are within the specified ranges. Specifically, landfills 
must meet the following requirements of this subpart that apply before 
September 28, 2021, as set out in: Sec. Sec.  63.1955(a), 63.1955(b), 
63.1965(a), 63.1965(c), 63.1975, 63.1981(a), 63.1981(b), and 63.1982, 
and the definitions of ``Controlled landfill'' and ``Deviation'' in 
Sec.  63.1990.
    (b) Beginning no later than September 27, 2021, all landfills 
described in Sec.  63.1935 must meet the requirements of this subpart. 
A landfill may choose to meet the requirements of this subpart rather 
than the requirements identified in Sec.  63.1930(a) at any time before 
September 27, 2021. The requirements of this subpart apply at all 
times, including during periods of SSM, and the SSM requirements of the 
General Provisions of this part do not apply.


Sec.  63.1935  Am I subject to this subpart?

    You are subject to this subpart if you meet the criteria in 
paragraph (a) or (b) of this section.
    (a) You are subject to this subpart if you own or operate an MSW 
landfill that has accepted waste since November 8, 1987, or has 
additional capacity for waste deposition and meets any one of the three 
criteria in paragraphs (a)(1) through (3) of this section:
    (1) Your MSW landfill is a major source as defined in Sec.  63.2 of 
subpart A.
    (2) Your MSW landfill is collocated with a major source as defined 
in Sec.  63.2 of subpart A.
    (3) Your MSW landfill is an area source landfill that has a design 
capacity equal to or greater than 2.5 million megagrams (Mg) and 2.5 
million cubic meters (m\3\) and has estimated uncontrolled emissions 
equal to or greater than 50 megagrams per year (Mg/yr) NMOC as 
calculated according to Sec.  63.1959.
    (b) You are subject to this subpart if you own or operate an MSW 
landfill that has accepted waste since November 8, 1987, or has 
additional capacity for waste deposition, that includes a bioreactor, 
as defined in Sec.  63.1990, and that meets any one of the criteria in 
paragraphs (b)(1) through (3) of this section:
    (1) Your MSW landfill is a major source as defined in Sec.  63.2 of 
subpart A.
    (2) Your MSW landfill is collocated with a major source as defined 
in Sec.  63.2 of subpart A.
    (3) Your MSW landfill is an area source landfill that has a design 
capacity equal to or greater than 2.5 million Mg and 2.5 million m\3\ 
and that is not permanently closed as of January 16, 2003.


Sec.  63.1940  What is the affected source of this subpart?

    (a) An affected source of this subpart is an MSW landfill, as 
defined in Sec.  63.1990, that meets the criteria in Sec.  63.1935(a) 
or (b). The affected source includes the entire disposal facility in a 
contiguous geographic space where household waste is placed in or on 
land, including any portion of the MSW landfill operated as a 
bioreactor.
    (b) A new affected source of this subpart is an affected source 
that commenced construction or reconstruction after November 7, 2000. 
An affected source is reconstructed if it meets the definition of 
reconstruction in Sec.  63.2 of subpart A.
    (c) An affected source of this subpart is existing if it is not 
new.


Sec.  63.1945  When do I have to comply with this subpart?

    (a) If your landfill is a new affected source, you must comply with 
this subpart by January 16, 2003, or at the time you begin operating, 
whichever is later.
    (b) If your landfill is an existing affected source, you must 
comply with this subpart by January 16, 2004.


Sec.  63.1947  When do I have to comply with this subpart if I own or 
operate a bioreactor?

    You must comply with this subpart by the dates specified in Sec.  
63.1945(a) or (b). If you own or operate a bioreactor located at a 
landfill that is not permanently closed as of January 16, 2003, and has 
a design capacity equal to or greater than 2.5 million Mg and 2.5 
million m\3\, then you must install and operate a collection and 
control system that meets the criteria in Sec.  63.1959(b)(2) according 
to the schedule specified in paragraph (a), (b), or (c) of this 
section.
    (a) If your bioreactor is at a new affected source, then you must 
meet the requirements in paragraphs (a)(1) and (2) of this section:
    (1) Install the gas collection and control system for the 
bioreactor before initiating liquids addition.
    (2) Begin operating the gas collection and control system within 
180 days after initiating liquids addition or within 180 days after 
achieving a moisture content of 40 percent by weight, whichever is 
later. If you choose

[[Page 17263]]

to begin gas collection and control system operation 180 days after 
achieving a 40-percent moisture content instead of 180 days after 
liquids addition, use the procedures in Sec. Sec.  63.1982(c) and (d) 
to determine when the bioreactor moisture content reaches 40 percent.
    (b) If your bioreactor is at an existing affected source, then you 
must install and begin operating the gas collection and control system 
for the bioreactor by January 17, 2006, or by the date your bioreactor 
is required to install a gas collection and control system under 40 CFR 
part 60, subpart WWW; a federal plan; or an EPA-approved and effective 
state plan or tribal plan that applies to your landfill, whichever is 
earlier.
    (c) If your bioreactor is at an existing affected source and you do 
not initiate liquids addition to your bioreactor until later than 
January 17, 2006, then you must meet the requirements in paragraphs 
(c)(1) and (2) of this section:
    (1) Install the gas collection and control system for the 
bioreactor before initiating liquids addition.
    (2) Begin operating the gas collection and control system within 
180 days after initiating liquids addition or within 180 days after 
achieving a moisture content of 40 percent by weight, whichever is 
later. If you choose to begin gas collection and control system 
operation 180 days after achieving a 40-percent moisture content 
instead of 180 days after liquids addition, use the procedures in Sec.  
63.1980(e) and (f) to determine when the bioreactor moisture content 
reaches 40 percent.


Sec.  63.1950  When am I no longer required to comply with this 
subpart?

    You are no longer required to comply with the requirements of this 
subpart when your landfill meets the collection and control system 
removal criteria in Sec.  63.1957(b).


Sec.  63.1952  When am I no longer required to comply with the 
requirements of this subpart if I own or operate a bioreactor?

    If you own or operate a landfill that includes a bioreactor, you 
are no longer required to comply with the requirements of this subpart 
for the bioreactor provided you meet the conditions of either paragraph 
(a) or (b) of this section.
    (a) Your affected source meets the control system removal criteria 
in Sec.  63.1950 or the bioreactor meets the criteria for a 
nonproductive area of the landfill in Sec.  63.1962(a)(3)(ii).
    (b) The bioreactor portion of the landfill is a closed landfill as 
defined in Sec.  63.1990, you have permanently ceased adding liquids to 
the bioreactor, and you have not added liquids to the bioreactor for at 
least 1 year. A closure report for the bioreactor must be submitted to 
the Administrator as provided in Sec.  63.1981(g).

Standards


Sec.  63.1955  What requirements must I meet?

    (a) Before September 28, 2021, if alternatives to the operational 
standards, test methods, procedures, compliance measures, monitoring, 
recordkeeping, or reporting provisions have already been approved under 
40 CFR part 60, subpart WWW; subpart XXX; a federal plan; or an EPA-
approved and effective state or tribal plan, these alternatives can be 
used to comply with this subpart, except that all affected sources must 
comply with the SSM requirements in subpart A of this part as specified 
in Table 1 of this subpart and all affected sources must submit 
compliance reports every 6 months as specified in Sec.  63.1981(h), 
including information on all deviations that occurred during the 6-
month reporting period. Deviations for continuous emission monitors or 
numerical continuous parameter monitors must be determined using a 3-
hour monitoring block average. Beginning no later than September 28, 
2021, the collection and control system design plan may include for 
approval collection and control systems that include any alternatives 
to the operational standards, test methods, procedures, compliance 
measures, monitoring, recordkeeping, or reporting provisions, as 
provided in Sec.  63.1981(d)(2).
    (b) If you own or operate a bioreactor that is located at an MSW 
landfill that is not permanently closed and has a design capacity equal 
to or greater than 2.5 million Mg and 2.5 million m\3\, then you must 
meet the requirements of this subpart, including requirements in 
paragraphs (b)(1) and (2) of this section.
    (1) You must comply with this subpart starting on the date you are 
required to install the gas collection and control system.
    (2) You must extend the collection and control system into each new 
cell or area of the bioreactor prior to initiating liquids addition in 
that area.
    (c) At all times, beginning no later than September 27, 2021, the 
owner or operator must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to 
minimize emissions does not require the owner or operator to make any 
further efforts to reduce emissions if the requirements of this subpart 
have been achieved. Determination of whether a source is operating in 
compliance with operation and maintenance requirements will be based on 
information available to the Administrator which may include, but is 
not limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.


Sec.  63.1957  Requirements for gas collection and control system 
installation and removal.

    (a) Operation. Operate the collection and control device in 
accordance with the provisions of Sec. Sec.  63.1958, 63.1960, and 
63.1961.
    (b) Removal criteria. The collection and control system may be 
capped, removed, or decommissioned if the following criteria are met:
    (1) The landfill is a closed landfill (as defined in Sec.  
63.1990). A closure report must be submitted to the Administrator as 
provided in Sec.  63.1981(f);
    (2) The gas collection and control system has been in operation a 
minimum of 15 years or the landfill owner or operator demonstrates that 
the gas collection and control system will be unable to operate for 15 
years due to declining gas flow; and
    (3) Following the procedures specified in Sec.  63.1959(c), the 
calculated NMOC emission rate at the landfill is less than 50 Mg/yr on 
three successive test dates. The test dates must be no less than 90 
days apart, and no more than 180 days apart.


Sec.  63.1958  Operational standards for collection and control 
systems.

    Each owner or operator of an MSW landfill with a gas collection and 
control system used to comply with the provisions of Sec.  63.1957 
must:
    (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 
must record instances when positive pressure occurs in efforts to avoid 
a fire. These records must be submitted with the semi-annual reports as 
provided in Sec.  63.1981(h);

[[Page 17264]]

    (2) Use of a geomembrane or synthetic cover. The owner or operator 
must 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 must be approved by the Administrator as specified in Sec.  
63.1981(d)(2);
    (c) Operate each interior wellhead in the collection system as 
specified in Sec.  60.753(c), except:
    (1) Beginning no later than September 27, 2021, operate each 
interior wellhead in the collection system with a landfill gas 
temperature less than 62.8 degrees Celsius (145 degrees Fahrenheit).
    (2) The owner or operator may establish a higher operating 
temperature value at a particular well. A higher operating value 
demonstration must be submitted to the Administrator for approval and 
must include supporting data demonstrating that the elevated parameter 
neither causes fires nor significantly inhibits anaerobic decomposition 
by killing methanogens. The demonstration must satisfy both criteria in 
order to be approved (i.e., neither causing fires nor killing 
methanogens is acceptable).
    (d)(1) Operate the collection system so that the methane 
concentration is less than 500 parts per million (ppm) above background 
at the surface of the landfill. To determine if this level is exceeded, 
the owner or operator must conduct surface testing around the perimeter 
of the collection area and along a pattern that traverses the landfill 
at no more than 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 must 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.
    (2) Beginning no later than September 27, 2021, the owner or 
operator must:
    (i) Conduct surface testing using an organic vapor analyzer, flame 
ionization detector, or other portable monitor meeting the 
specifications provided in Sec.  63.1960(d).
    (ii) Conduct surface testing at all cover penetrations. Thus, the 
owner or operator must monitor any cover penetrations that are within 
an area of the landfill where waste has been placed and a gas 
collection system is required.
    (iii) Determine the latitude and longitude coordinates of each 
exceedance using an instrument with an accuracy of at least 4 meters. 
The coordinates must be in decimal degrees with at least five decimal 
places.
    (e) Operate the system as specified in Sec.  60.753(e) of this 
chapter, except:
    (1) Beginning no later than September 27, 2021, operate the system 
in accordance to Sec.  63.1955(c) such that all collected gases are 
vented to a control system designed and operated in compliance with 
Sec.  63.1959(b)(2)(iii). In the event the collection or control system 
is not operating:
    (i) The gas mover system must be shut down and all valves in the 
collection and control system contributing to venting of the gas to the 
atmosphere must be closed within 1 hour of the collection or control 
system not operating; and
    (ii) Efforts to repair the collection or control system must be 
initiated and completed in a manner such that downtime is kept to a 
minimum, and the collection and control system must be returned to 
operation.
    (2) [Reserved]
    (f) Operate the control system at all times when the collected gas 
is routed to the system.
    (g) If monitoring demonstrates that the operational requirements in 
paragraph (b), (c), or (d) of this section are not met, corrective 
action must be taken as specified in Sec.  63.1960(a)(3) and (5) or 
(c). If corrective actions are taken as specified in Sec.  63.1960, the 
monitored exceedance is not a deviation of the operational requirements 
in this section.


Sec.  63.1959  NMOC calculation procedures.

    (a) Calculate the NMOC emission rate using the procedures specified 
in Sec.  60.754(a) of this chapter, except:
    (1) NMOC emission rate. Beginning no later than September 27, 2021 
the landfill owner or operator must calculate the NMOC emission rate 
using either Equation 1 provided in paragraph (a)(1)(i) of this section 
or Equation 2 provided in paragraph (a)(1)(ii) of this section. Both 
Equation 1 and Equation 2 may be used if the actual year-to-year solid 
waste acceptance rate is known, as specified in paragraph (a)(1)(i) of 
this section, for part of the life of the landfill and the actual year-
to-year solid waste acceptance rate is unknown, as specified in 
paragraph (a)(1)(ii) of this section, for part of the life of the 
landfill. The values to be used in both Equation 1 and Equation 2 are 
0.05 per year for k, 170 cubic meters per megagram (m\3\/Mg) for 
LO, and 4,000 parts per million by volume (ppmv) as hexane 
for the CNMOC. For landfills located in geographical areas 
with a 30-year annual average precipitation of less than 25 inches, as 
measured at the nearest representative official meteorologic site, the 
k value to be used is 0.02 per year.
    (i)(A) Equation 1 must be used if the actual year-to-year solid 
waste acceptance rate is known.
[GRAPHIC] [TIFF OMITTED] TR26MR20.007

Where:

MNMOC = Total NMOC emission rate from the landfill, Mg/
yr.
k = Methane generation rate constant, year-1.
Lo = Methane generation potential, m\3\/Mg solid waste.
Mi = Mass of solid waste in the ith section, Mg.
ti = Age of the ith section, years.
CNMOC = Concentration of NMOC, ppmv as hexane.
3.6 x 10-9 = Conversion factor.

    (B) 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 documentation of the 
nature and amount of such wastes is maintained.
    (ii)(A) Equation 2 must be used if the actual year-to-year solid 
waste acceptance rate is unknown.
[GRAPHIC] [TIFF OMITTED] TR26MR20.011


[[Page 17265]]


Where:

MNMOC = Mass emission rate of NMOC, Mg/yr.
Lo = Methane generation potential, m\3\/Mg solid waste.
R = Average annual acceptance rate, Mg/yr.
k = Methane generation rate constant, year-1.
t = Age of landfill, years.
CNMOC = Concentration of NMOC, ppmv as hexane.
c = Time since closure, years; for active landfill c=0 and 
e-kc = 1.
3.6 x 10-9 = Conversion factor.

    (B) 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 of R, if documentation of the nature and 
amount of such wastes is maintained.
    (2) Tier 1. The owner or operator must compare the calculated NMOC 
mass emission rate to the standard of 50 Mg/yr.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of 
this section is less than 50 Mg/yr, then the landfill owner or operator 
must submit an NMOC emission rate report according to Sec.  63.1981(c) 
and must recalculate the NMOC mass emission rate annually as required 
under paragraph (b) of this section.
    (ii) If the calculated NMOC emission rate as calculated in 
paragraph (a)(1) of this section is equal to or greater than 50 Mg/yr, 
then the landfill owner must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  63.1981(d) and install and operate a gas 
collection and control system within 30 months of the first annual 
report in which the NMOC emission rate equals or exceeds 50 Mg/yr, 
according to paragraphs (b)(2)(ii) and (iii) of this section;
    (B) Determine a site-specific NMOC concentration and recalculate 
the NMOC emission rate using the Tier 2 procedures provided in 
paragraph (a)(3) of this section; or
    (C) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the Tier 3 procedures provided 
in paragraph (a)(4) of this section.
    (3) Tier 2. The landfill owner or operator must determine the site-
specific NMOC concentration using the following sampling procedure. The 
landfill owner or operator must install at least two sample probes per 
hectare, evenly distributed over the 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 probes should be evenly 
distributed across the sample area. The sample probes should be located 
to avoid known areas of nondegradable solid waste. The owner or 
operator must collect and analyze one sample of landfill gas from each 
probe to determine the NMOC concentration using EPA Method 25 or 25C of 
appendix A-7 to part 60. Taking composite samples from different probes 
into a single cylinder is allowed; however, equal sample volumes must 
be taken from each probe. For each composite, the sampling rate, 
collection times, beginning and ending cylinder vacuums, or alternative 
volume measurements must be recorded to verify that composite volumes 
are equal. Composite sample volumes should not be less than one liter 
unless evidence can be provided to substantiate the accuracy of smaller 
volumes. Terminate compositing before the cylinder approaches ambient 
pressure where measurement accuracy diminishes. If more than the 
required number of samples are taken, all samples must be used in the 
analysis. The landfill owner or operator must divide the NMOC 
concentration from EPA Method 25 or 25C of appendix A-7 to part 60 by 6 
to convert from CNMOC as carbon to CNMOC as 
hexane. If the landfill has an active or passive gas removal system in 
place, EPA Method 25 or 25C samples may be collected from these systems 
instead of surface probes provided the removal system can be shown to 
provide sampling as representative as the two sampling probe per 
hectare requirement. For active collection systems, samples may be 
collected from the common header pipe. The sample location on the 
common header pipe must be before any gas moving, condensate removal, 
or treatment system equipment. For active collection systems, a minimum 
of three samples must be collected from the header pipe.
    (i) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.7 of subpart A), the owner or operator 
must submit the results according to Sec.  63.1981(i).
    (ii) The landfill owner or operator must recalculate the NMOC mass 
emission rate using Equation 1 or Equation 2 provided in paragraph 
(a)(1)(i) or (ii) of this section and use the average site-specific 
NMOC concentration from the collected samples instead of the default 
value provided in paragraph (a)(1) of this section.
    (iii) If the resulting NMOC mass emission rate is less than 50 Mg/
yr, then the owner or operator must submit a periodic estimate of NMOC 
emissions in an NMOC emission rate report according to Sec.  63.1981(c) 
and must recalculate the NMOC mass emission rate annually as required 
under paragraph (b) of this section. The site-specific NMOC 
concentration must be retested every 5 years using the methods 
specified in this section.
    (iv) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration is equal to or greater than 50 Mg/yr, 
the landfill owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  63.1981(d) and install and operate a gas 
collection and control system within 30 months according to paragraphs 
(b)(2)(ii) and (iii) of this section; or
    (B) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the site-specific methane 
generation rate using the Tier 3 procedures specified in paragraph 
(a)(4) of this section.
    (4) Tier 3. The site-specific methane generation rate constant must 
be determined using the procedures provided in EPA Method 2E of 
appendix A-1 to part 60 of this chapter. The landfill owner or operator 
must estimate the NMOC mass emission rate using Equation 1 or Equation 
2 in paragraph (a)(1)(i) or (ii) of this section and using a site-
specific methane generation rate constant, 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 must compare the resulting NMOC mass 
emission rate to the standard of 50 Mg/yr.
    (i) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration and Tier 3 site-specific methane 
generation rate is equal to or greater than 50 Mg/yr, the owner or 
operator must:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  63.1981(e) and install and operate a gas 
collection and control system within 30 months of the first annual 
report in which the NMOC emission rate equals or exceeds 50 Mg/yr, 
according to paragraphs (b)(2)(ii) and (iii) of this section.
    (B) [Reserved]
    (ii) If the NMOC mass emission rate is less than 50 Mg/yr, then the 
owner or operator must recalculate the NMOC mass emission rate annually 
using Equation 1 or Equation 2 in paragraph (a)(1) of this section and 
using the site-specific Tier 2 NMOC concentration and Tier 3 methane 
generation rate constant and submit a periodic NMOC emission rate 
report as provided in Sec.  63.1981(c).

[[Page 17266]]

The calculation of the methane generation rate constant is performed 
only once, and the value obtained from this test must be used in all 
subsequent annual NMOC emission rate calculations.
    (5) Other methods. The owner or operator may use other methods to 
determine the NMOC concentration or a site-specific methane generation 
rate constant as an alternative to the methods required in paragraphs 
(a)(3) and (4) of this section if the method has been approved by the 
Administrator.
    (b) Each owner or operator of an affected source having a design 
capacity equal to or greater than 2.5 million Mg and 2.5 million m\3\ 
must either comply with paragraph (b)(2) of this section or calculate 
an NMOC emission rate for the landfill using the procedures specified 
in paragraph (a) of this section. The NMOC emission rate must be 
recalculated annually, except as provided in Sec.  
63.1981(c)(1)(ii)(A).
    (1) If the calculated NMOC emission rate is less than 50 Mg/yr, the 
owner or operator must:
    (i) Submit an annual NMOC emission rate emission report to the 
Administrator, except as provided for in Sec.  63.1981(c)(1)(ii); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in paragraph (a)(1) of this section until such 
time as the calculated NMOC emission rate is equal to or greater than 
50 Mg/yr, or the landfill is closed.
    (A) If the calculated NMOC emission rate, upon initial calculation 
or annual recalculation required in paragraph (b) of this section, is 
equal to or greater than 50 Mg/yr, the owner or operator must either: 
comply with paragraph (b)(2) of this section or calculate NMOC 
emissions using the next higher tier in paragraph (a) of this section.
    (B) If the landfill is permanently closed, a closure report must be 
submitted to the Administrator as provided for in Sec.  63.1981(f).
    (2) If the calculated NMOC emission rate is equal to or greater 
than 50 Mg/yr using Tier 1, 2, or 3 procedures, the owner or operator 
must either:
    (i) Submit a collection and control system design plan prepared by 
a professional engineer to the Administrator within 1 year as specified 
in Sec.  63.1981(d) or calculate NMOC emissions using the next higher 
tier in paragraph (a) of this section. The collection and control 
system must meet the requirements in paragraphs (b)(2)(ii) and (iii) of 
this section.
    (ii) Collection system. Install and start up a collection and 
control system that captures the gas generated within the landfill as 
required by paragraphs (b)(2)(ii)(B) or (C) and (b)(2)(iii) of this 
section within 30 months after:
    (A) The first annual report in which the NMOC emission rate equals 
or exceeds 50 Mg/yr, unless Tier 2 or Tier 3 sampling demonstrates that 
the NMOC emission rate is less than 50 Mg.
    (B) An active collection system must:
    (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 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 5 years or more if active; or 2 years or more if closed or at final 
grade;
    (3) Collect gas at a sufficient extraction rate; and
    (4) Be designed to minimize off-site migration of subsurface gas.
    (C) A passive collection system must:
    (1) Comply with the provisions specified in paragraphs 
(b)(2)(ii)(B)(1), (2), and (3) of this section; and
    (2) Be installed with liners on the bottom and all sides in all 
areas in which gas is to be collected. The liners must be installed as 
required under Sec.  258.40 of this chapter.
    (iii) Control system. 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) A non-enclosed flare designed and operated in accordance with 
the parameters established in Sec.  63.11(b) except as noted in 
paragraph (f) of this section; or
    (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 ppmv, dry basis as hexane at 
3-percent oxygen. The reduction efficiency or ppmv must be established 
by an initial performance test to be completed no later than 180 days 
after the initial startup of the approved control system using the test 
methods specified in paragraph (e) of this section. The performance 
test is not required for boilers and process heaters with design heat 
input capacities equal to or greater than 44 megawatts that burn 
landfill gas for compliance with this subpart.
    (1) If a boiler or process heater is used as the control device, 
the landfill gas stream must be introduced into the flame zone.
    (2) The control device must 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. Sec.  
63.1961(b) through (e);
    (C) A treatment system that processes the collected gas for 
subsequent sale or beneficial use such as fuel for combustion, 
production of vehicle fuel, production of high-British thermal unit 
(Btu) gas for pipeline injection, or use as a raw material in a 
chemical manufacturing process. Venting of treated landfill gas to the 
ambient air is not allowed. If the treated landfill gas cannot be 
routed for subsequent sale or beneficial use, then the treated landfill 
gas must be controlled according to either paragraph (b)(2)(iii)(A) or 
(B) of this section.
    (D) All emissions from any atmospheric vent from the gas treatment 
system are subject to the requirements of paragraph (b)(2)(iii)(A) or 
(B) of this section. For purposes of this subpart, atmospheric vents 
located on the condensate storage tank are not part of the treatment 
system and are exempt from the requirements of paragraph (b)(2)(iii)(A) 
or (B) of this section.
    (c) After the installation and startup of a collection and control 
system in compliance with this subpart, the owner or operator must 
calculate the NMOC emission rate for purposes of determining when the 
system can be capped, removed, or decommissioned as provided in Sec.  
63.1957(b)(3), using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR26MR20.009

Where:

MNMOC = Mass emission rate of NMOC, Mg/yr.
QLFG = Flow rate of landfill gas, m\3\ per minute.
CNMOC = Average NMOC concentration, ppmv as hexane.
1.89 x 10-3 = Conversion factor.

    (1) The flow rate of landfill gas, QLFG, must be 
determined by measuring the

[[Page 17267]]

total landfill gas flow rate at the common header pipe that leads to 
the control system using a gas flow measuring device calibrated 
according to the provisions of section 10 of EPA Method 2E of appendix 
A-1 of part 60.
    (2) The average NMOC concentration, CNMOC, must be 
determined by collecting and analyzing landfill gas sampled from the 
common header pipe before the gas moving or condensate removal 
equipment using the procedures in EPA Method 25 or 25C of appendix A-7 
to part 60 of this chapter. The sample location on the common header 
pipe must be before any condensate removal or other gas refining units. 
The landfill owner or operator must divide the NMOC concentration from 
EPA Method 25 or 25C of appendix A-7 to part 60 by 6 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.
    (i) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.7), the owner or operator must submit the 
results of the performance test, including any associated fuel 
analyses, according to Sec.  63.1981(i).
    (ii) [Reserved]
    (d) For the performance test required in Sec.  
63.1959(b)(2)(iii)(B), EPA Method 25 or 25C (EPA Method 25C of appendix 
A-7 to part 60 of this chapter may be used at the inlet only) of 
appendix A of this part must be used to determine compliance with the 
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.  63.1981(d)(2). EPA 
Method 3, 3A, or 3C of appendix A-7 to part 60 must be used to 
determine oxygen for correcting the NMOC concentration as hexane to 3 
percent. In cases where the outlet concentration is less than 50 ppm 
NMOC as carbon (8 ppm NMOC as hexane), EPA Method 25A should be used in 
place of EPA Method 25. EPA Method 18 may be used in conjunction with 
EPA Method 25A on a limited basis (compound specific, e.g., methane) or 
EPA Method 3C may be used to determine methane. The methane as carbon 
should be subtracted from the EPA Method 25A total hydrocarbon value as 
carbon to give NMOC concentration as carbon. The landowner or operator 
must divide the NMOC concentration as carbon by 6 to convert from the 
CNMOC as carbon to CNMOC as hexane. Equation 4 
must be used to calculate efficiency:
[GRAPHIC] [TIFF OMITTED] TR26MR20.012

Where:

NMOCin = Mass of NMOC entering control device.
NMOCout = Mass of NMOC exiting control device.

    (e) For the performance test required in Sec.  
63.1959(b)(2)(iii)(A), the net heating value of the combusted landfill 
gas as determined in Sec.  63.11(b)(6)(ii) is calculated from the 
concentration of methane in the landfill gas as measured by EPA Method 
3C of appendix A to part 60 of this chapter. A minimum of three 30-
minute EPA Method 3C samples are determined. The measurement of other 
organic components, hydrogen, and carbon monoxide is not applicable. 
EPA Method 3C may be used to determine the landfill gas molecular 
weight for calculating the flare gas exit velocity under Sec.  
63.11(b)(7) of subpart A.
    (1) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.7), the owner or operator must submit the 
results of the performance tests, including any associated fuel 
analyses, required by Sec.  63.1959(c) or (e) according to Sec.  
63.1981(i).
    (2) [Reserved]
    (f) The performance tests required in Sec. Sec.  
63.1959(b)(2)(iii)(A) and (B), must be conducted under such conditions 
as the Administrator specifies to the owner or operator based on 
representative performance of the affected source for the period being 
tested. Representative conditions exclude periods of startup and 
shutdown unless specified by the Administrator. The owner or operator 
may not conduct performance tests during periods of malfunction. The 
owner or operator must record the process information that is necessary 
to document operating conditions during the test and include in such 
record an explanation to support that such conditions represent normal 
operation. Upon request, the owner or operator shall make available to 
the Administrator such records as may be necessary to determine the 
conditions of performance tests.


Sec.  63.1960  Compliance provisions.

    (a) Except as provided in Sec.  63.1981(d)(2), the specified 
methods in paragraphs (a)(1) through (6) of this section must be used 
to determine whether the gas collection system is in compliance with 
Sec.  63.1959(b)(2)(ii).
    (1) For the purposes of calculating the maximum expected gas 
generation flow rate from the landfill to determine compliance with 
Sec.  63.1959(b)(2)(ii)(C)(1), either Equation 5 or Equation 6 must be 
used. The owner or operator may use another method to determine the 
maximum gas generation flow rate, if the method has been approved by 
the Administrator. The methane generation rate constant (k) and methane 
generation potential (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.  63.1959(a)(4), the value of k determined from the 
test must be used. A value of no more than 15 years must 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:
[GRAPHIC] [TIFF OMITTED] TR26MR20.013

Where:

Qm = Maximum expected gas generation flow rate, m\3\/yr.
Lo = Methane generation potential, m\3\/Mg solid waste.
R = Average annual acceptance rate, Mg/yr.
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,

[[Page 17268]]

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 = 0 and 
e-kc = 1).
2 = Constant.

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR26MR20.008
    
Where:

Qm = Maximum expected gas generation flow rate, m\3\/yr.
k = Methane generation rate constant, year-1.
Lo = Methane generation potential, m\3\/Mg solid waste.
Mi = Mass of solid waste in the ith section, Mg.
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, Equation 5 or Equation 6 
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 Equation 5 
or Equation 6 in paragraph (a)(1)(i) or (ii) of this section or other 
methods must 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.  63.1959(b)(2)(ii)(B)(2), the owner 
or operator must 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.  
63.1959(b)(2)(ii)(B)(3), the owner or operator must measure gauge 
pressure in the gas collection header applied to each individual well 
monthly. Any attempted corrective measure must not cause exceedances of 
other operational or performance standards. An alternative timeline for 
correcting the exceedance may be submitted to the Administrator for 
approval. If a positive pressure exists, follow the procedures as 
specified in Sec.  60.755(a)(3), except:
    (i) Beginning no later than September 27, 2021, if a positive 
pressure exists, action must be initiated to correct the exceedance 
within 5 days, except for the three conditions allowed under Sec.  
63.1958(b).
    (A) If negative pressure cannot be achieved without excess air 
infiltration within 15 days of the first measurement of positive 
pressure, the owner or operator must conduct a root cause analysis and 
correct the exceedance as soon as practicable, but no later than 60 
days after positive pressure was first measured. The owner or operator 
must keep records according to Sec.  63.1983(e)(3).
    (B) If corrective actions cannot be fully implemented within 60 
days following the positive pressure measurement for which the root 
cause analysis was required, the owner or operator must also conduct a 
corrective action analysis and develop an implementation schedule to 
complete the corrective action(s) as soon as practicable, but no more 
than 120 days following the positive pressure measurement. The owner or 
operator must submit the items listed in Sec.  63.1981(h)(7) as part of 
the next semi-annual report. The owner or operator must keep records 
according to Sec.  63.1983(e)(5).
    (C) If corrective action is expected to take longer than 120 days 
to complete after the initial exceedance, the owner or operator must 
submit the root cause analysis, corrective action analysis, and 
corresponding implementation timeline to the Administrator, according 
to Sec.  63.1981(j). The owner or operator must keep records according 
to Sec.  63.1983(e)(5).
    (ii) [Reserved]
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the temperature and 
nitrogen or oxygen operational standards in introductory paragraph 
Sec.  63.1958(c), for the purpose of identifying whether excess air 
infiltration into the landfill is occurring, the owner or operator must 
follow the procedures as specified in Sec.  60.755(a)(5) of this 
chapter, except:
    (i) Once an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec.  63.1958(c)(1), the owner or operator must 
monitor each well monthly for temperature. If a well exceeds the 
operating parameter for temperature as provided in Sec.  63.1958(c)(1), 
action must be initiated to correct the exceedance within 5 days. Any 
attempted corrective measure must not cause exceedances of other 
operational or performance standards.
    (A) If a landfill gas temperature less than or equal to 62.8 
degrees Celsius (145 degrees Fahrenheit) cannot be achieved within 15 
days of the first measurement of landfill gas temperature greater than 
62.8 degrees Celsius (145 degrees Fahrenheit), the owner or operator 
must conduct a root cause analysis and correct the exceedance as soon 
as practicable, but no later than 60 days after a landfill gas 
temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit) 
was first measured. The owner or operator must keep records according 
to Sec.  63.1983(e)(3).
    (B) If corrective actions cannot be fully implemented within 60 
days following the temperature measurement for which the root cause 
analysis was required, the owner or operator must also conduct a 
corrective action analysis and develop an implementation schedule to 
complete the corrective action(s) as soon as practicable, but no more 
than 120 days following the measurement of landfill gas temperature 
greater than 62.8 degrees Celsius (145 degrees Fahrenheit). The owner 
or operator must submit the items listed in Sec.  63.1981(h)(7) as part 
of the next semi-annual report. The owner or operator must keep records 
according to Sec.  63.1983(e)(4).
    (C) If corrective action is expected to take longer than 120 days 
to complete after the initial exceedance, the owner or operator must 
submit the root cause analysis, corrective action analysis, and 
corresponding implementation timeline to the Administrator, according 
to Sec.  63.1981(h)(7) and (j). The owner or operator must keep records 
according to Sec.  63.1983(e)(5).
    (D) If a landfill gas temperature measured at either the wellhead 
or at any point in the well is greater than or equal to 76.7 degrees 
Celsius (170 degrees Fahrenheit) and the carbon monoxide concentration 
measured, according to the procedures in Sec.  63.1961(a)(5)(vi) is 
greater than or equal to 1,000 ppmv the corrective action(s) for the 
wellhead temperature standard (62.8 degrees Celsius or 145 degrees 
Fahrenheit) must be completed within 15 days.
    (5) An owner or operator seeking to demonstrate compliance with

[[Page 17269]]

Sec.  63.1959(b)(2)(ii)(B)(4) through the use of a collection system 
not conforming to the specifications provided in Sec.  63.1962 must 
provide information satisfactory to the Administrator as specified in 
Sec.  63.1981(c)(3) demonstrating that off-site migration is being 
controlled.
    (b) For purposes of compliance with Sec.  63.1958(a), each owner or 
operator of a controlled landfill must place each well or design 
component as specified in the approved design plan as provided in Sec.  
63.1981(b). Each well must be installed no later than 60 days after the 
date on 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 must be used for compliance with the 
surface methane operational standard as provided in Sec.  63.1958(d).
    (1) After installation and startup of the gas collection system, 
the owner or operator must monitor surface concentrations of methane 
along the entire perimeter of the collection area and along a pattern 
that traverses the landfill at 30 meter intervals (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 must 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 must be performed in accordance 
with section 8.3.1 of EPA Method 21 of appendix A-7 of part 60 of this 
chapter, except that the probe inlet must be placed within 5 to 10 
centimeters of the ground. Monitoring must be performed during typical 
meteorological conditions.
    (4) Any reading of 500 ppm or more above background at any location 
must be recorded as a monitored exceedance and the actions specified in 
paragraphs (c)(4)(i) through (v) of this section must be taken. As long 
as the specified actions are taken, the exceedance is not a violation 
of the operational requirements of Sec.  63.1958(d).
    (i) The location of each monitored exceedance must be marked and 
the location and concentration recorded. Beginning no later than 
September 27, 2021, the location must be recorded using an instrument 
with an accuracy of at least 4 meters. The coordinates must be in 
decimal degrees with at least five decimal places.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent 
wells to increase the gas collection in the vicinity of each exceedance 
must be made and the location must be re-monitored within 10 days of 
detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second 
exceedance, additional corrective action must be taken and the location 
must 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 must be taken, 
and no further monitoring of that location is required until the action 
specified in paragraph (c)(4)(v) of this section 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 must be re-monitored 1 month from the initial exceedance. If 
the 1-month re-monitoring shows a concentration less than 500 ppm above 
background, no further monitoring of that location is required until 
the next quarterly monitoring period. If the 1-month re-monitoring 
shows an exceedance, the actions specified in paragraph (c)(4)(iii) or 
(v) of this section must be taken.
    (v) For any location where monitored methane concentration equals 
or exceeds 500 ppm above background three times within a quarterly 
period, a new well or other collection device must be installed within 
120 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 must 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 must comply with the following 
instrumentation specifications and procedures for surface emission 
monitoring devices:
    (1) The portable analyzer must meet the instrument specifications 
provided in section 6 of EPA Method 21 of appendix A of part 60 of this 
chapter, except that ``methane'' replaces all references to ``VOC''.
    (2) The calibration gas must be methane, diluted to a nominal 
concentration of 500 ppm in air.
    (3) To meet the performance evaluation requirements in section 8.1 
of EPA Method 21 of appendix A of part 60 of this chapter, the 
instrument evaluation procedures of section 8.1 of EPA Method 21 of 
appendix A of part 60 must be used.
    (4) The calibration procedures provided in sections 8 and 10 of EPA 
Method 21 of appendix A of part 60 of this chapter must be followed 
immediately before commencing a surface monitoring survey.
    (e)(1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standards 
in introductory paragraph Sec.  63.1958(e), the provisions of this 
subpart apply at all times, except during periods of SSM, provided that 
the duration of SSM does not exceed 5 days for collection systems and 
does not exceed 1 hour for treatment or control devices. You must 
comply with the provisions in Table 1 to subpart AAAA that apply before 
September 28, 2021.
    (2) Once an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
in Sec.  63.1958(c)(1), the provisions of this subpart apply at all 
times, including periods of SSM. During periods of SSM, you must comply 
with the work practice requirement specified in Sec.  63.1958(e) in 
lieu of the compliance provisions in Sec.  63.1960.


Sec.  63.1961  Monitoring of operations.

    Except as provided in Sec.  63.1981(d)(2):
    (a) Each owner or operator seeking to comply with Sec.  
63.1959(b)(2)(ii)(B) for an active gas collection system must install a 
sampling port and a thermometer, other temperature measuring device, or 
an access port for temperature measurements at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a 
monthly basis as provided in Sec.  63.1960(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on 
a monthly basis as follows:
    (i) The nitrogen level must be determined using EPA Method 3C of 
appendix A-2 to part 60 of this chapter, unless an alternative test 
method is established as allowed by Sec.  63.1981(d)(2).
    (ii) Unless an alternative test method is established as allowed by 
Sec.  63.1981(d)(2), the oxygen level must be determined by an oxygen 
meter using EPA Method 3A or 3C of appendix A-2 to part 60 of this 
chapter or ASTM

[[Page 17270]]

D6522-11 (incorporated by reference, see Sec.  63.14). Determine the 
oxygen level by an oxygen meter using EPA Method 3A or 3C of appendix 
A-2 to part 60 or ASTM D6522-11 (if sample location is prior to 
combustion) except that:
    (A) The span must be set between 10- and 12-percent oxygen;
    (B) A data recorder is not required;
    (C) Only two calibration gases are required, a zero and span;
    (D) A calibration error check is not required; and
    (E) The allowable sample bias, zero drift, and calibration drift 
are 10 percent.
    (iii) A portable gas composition analyzer may be used to monitor 
the oxygen levels provided:
    (A) The analyzer is calibrated; and
    (B) The analyzer meets all quality assurance and quality control 
requirements for EPA Method 3A of appendix A-2 to part 60 of this 
chapter or ASTM D6522-11 (incorporated by reference, see Sec.  63.14).
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the temperature and 
nitrogen or oxygen operational standards in introductory paragraph 
Sec.  63.1958(c), the owner or operator must follow the procedures as 
specified in Sec.  60.756(a)(2) and (3) of this chapter. Monitor 
temperature of the landfill gas on a monthly basis as provided in Sec.  
63.1960(a)(4). The temperature measuring device must be calibrated 
annually using the procedure in Section 10.3 of EPA Method 2 of 
appendix A-1 to part 60 of this chapter.
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec.  63.1958(c)(1), monitor temperature of the 
landfill gas on a monthly basis as provided in Sec.  63.1960(a)(4). The 
temperature measuring device must be calibrated annually using the 
procedure in Section 10.3 of EPA Method 2 of appendix A-1 to part 60 of 
this chapter. Keep records specified in Sec.  63.1983(e).
    (5) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec.  63.1958(c)(1), unless a higher operating 
temperature value has been approved by the Administrator under this 
subpart or under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart 
XXX; or a federal plan or EPA-approved and effective state plan or 
tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR 
part 60, subpart Cf, you must initiate enhanced monitoring at each well 
with a measurement of landfill gas temperature greater than 62.8 
degrees Celsius (145 degrees Fahrenheit) as follows:
    (i) Visual observations for subsurface oxidation events (smoke, 
smoldering ash, damage to well) within the radius of influence of the 
well.
    (ii) Monitor oxygen concentration as provided in paragraph (a)(2) 
of this section;
    (iii) Monitor temperature of the landfill gas at the wellhead as 
provided in paragraph (a)(4) of this section.
    (iv) Monitor temperature of the landfill gas every 10 vertical feet 
of the well as provided in paragraph (a)(6) of this section.
    (v) Monitor the methane concentration with a methane meter using 
EPA Method 3C of appendix A-6 to part 60, EPA Method 18 of appendix A-6 
to part 60 of this chapter, or a portable gas composition analyzer to 
monitor the methane levels provided that the analyzer is calibrated and 
the analyzer meets all quality assurance and quality control 
requirements for EPA Method 3C or EPA Method 18.
    (vi) Monitor carbon monoxide concentrations, as follows:
    (A) Collect the sample from the wellhead sampling port in a 
passivated canister or multi-layer foil gas sampling bag (such as the 
Cali-5-Bond Bag) and analyze that sample using EPA Method 10 of 
appendix A-4 to part 60 of this chapter, or an equivalent method with a 
detection limit of at least 100 ppmv of carbon monoxide in high 
concentrations of methane; and
    (B) Collect and analyze the sample from the wellhead using EPA 
Method 10 of appendix A-4 to part 60 to measure carbon monoxide 
concentrations.
    (vii) The enhanced monitoring this paragraph (a)(5) must begin 7 
days after the first measurement of landfill gas temperature greater 
than 62.8 degrees Celsius (145 degrees Fahrenheit); and
    (viii) The enhanced monitoring in this paragraph (a)(5) must be 
conducted on a weekly basis. If four consecutive weekly carbon monoxide 
readings are under 100 ppmv, then enhanced monitoring may be decreased 
to monthly. However, if carbon monoxide readings exceed 100 ppmv again, 
the landfill must return to weekly monitoring.
    (ix) The enhanced monitoring in this paragraph (a)(5) can be 
stopped once a higher operating value is approved, at which time the 
monitoring provisions issued with the higher operating value should be 
followed, or once the measurement of landfill gas temperature at the 
wellhead is less than or equal to 62.8 degrees Celsius (145 degrees 
Fahrenheit).
    (6) For each wellhead with a measurement of landfill gas 
temperature greater than or equal to 73.9 degrees Celsius (165 degrees 
Fahrenheit), annually monitor temperature of the landfill gas every 10 
vertical feet of the well. This temperature can be monitored either 
with a removable thermometer, or using temporary or permanent 
thermocouples installed in the well.
    (b) Each owner or operator seeking to comply with Sec.  
63.1959(b)(2)(iii) using an enclosed combustor must 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 a minimum accuracy of 1 percent of the 
temperature being measured expressed in degrees Celsius or 0.5 degrees Celsius, whichever is greater. A temperature 
monitoring device is not required for boilers or process heaters with 
design heat input capacity equal to or greater than 44 megawatts.
    (2) A device that records flow to the control device and bypass of 
the control device (if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that must record the flow to the control device at least every 
15 minutes; and
    (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 must 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.  
63.1959(b)(2)(iii) using a non-enclosed flare must 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 
thermocouple, at the pilot light or the flame itself to indicate the 
continuous presence of a flame; and
    (2) A device that records flow to the flare and bypass of the flare 
(if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the control device at least every 15 
minutes; and
    (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 must be performed at least

[[Page 17271]]

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.  63.1959(b)(2)(iii) using a device other than a non-enclosed flare 
or an enclosed combustor or a treatment system must provide information 
satisfactory to the Administrator as provided in Sec.  63.1981(d)(2) 
describing the operation of the control device, the operating 
parameters that would indicate proper performance, and appropriate 
monitoring procedures. The Administrator must 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.  63.1962 or seeking to 
monitor alternative parameters to those required by Sec. Sec.  63.1958 
through 63.1961 must provide information satisfactory to the 
Administrator as provided in Sec.  63.1981(d)(2) and (3) 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 
the 500-ppm surface methane operational standard in Sec.  63.1958(d) 
must monitor surface concentrations of methane according to the 
procedures in Sec.  63.1960(c) and the instrument specifications in 
Sec.  63.1960(d). If you are complying with the 500-ppm surface methane 
operational standard in Sec.  63.1958(d)(2), for location, you must 
determine the latitude and longitude coordinates of each exceedance 
using an instrument with an accuracy of at least 4 meters and the 
coordinates must be in decimal degrees with at least five decimal 
places. In the semi-annual report in 63.1981(i), you must report the 
location of each exceedance of the 500-ppm methane concentration as 
provided in Sec.  63.1958(d) and the concentration recorded at each 
location for which an exceedance was recorded in the previous month. 
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.
    (g) Each owner or operator seeking to demonstrate compliance with 
Sec.  63.1959(b)(2)(iii)(C) using a landfill gas treatment system must 
calibrate, maintain, and operate according to the manufacturer's 
specifications a device that records flow to the treatment system and 
bypass of the treatment system (if applicable). Beginning no later than 
September 27, 2021, each owner or operator must maintain and operate 
all monitoring systems associated with the treatment system in 
accordance with the site-specific treatment system monitoring plan 
required in Sec.  63.1983(b)(5)(ii). The owner or operator must:
    (1) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the treatment system at least every 15 
minutes; and
    (2) 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 must 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.
    (h) The monitoring requirements of paragraphs (a), (b), (c), (d), 
and (g) of this section apply at all times the affected source is 
operating, except for periods of monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, and required 
monitoring system quality assurance or quality control activities. A 
monitoring system malfunction is any sudden, infrequent, not reasonably 
preventable failure of the monitoring system to provide valid data. 
Monitoring system failures that are caused in part by poor maintenance 
or careless operation are not malfunctions. You are required to 
complete monitoring system repairs in response to monitoring system 
malfunctions and to return the monitoring system to operation as 
expeditiously as practicable. Where an owner or operator subject to the 
provisions of this subpart seeks to demonstrate compliance with the 
temperature and nitrogen or oxygen operational standards in 
introductory paragraph Sec.  63.1958(c)(1), (d)(2), and (e)(1), the 
standards apply at all times.


Sec.  63.1962  Specifications for active collection systems.

    (a) Each owner or operator seeking to comply with Sec.  
63.1959(b)(2)(i) must 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.  63.1981(d)(2) and (3):
    (1) The collection devices within the interior must be certified to 
achieve comprehensive control of surface gas emissions by a 
professional engineer. The following issues must be addressed in the 
design: Depths of refuse, refuse gas generation rates and flow 
characteristics, cover properties, gas system expandability, leachate 
and condensate management, accessibility, compatibility with filling 
operations, integration with closure end use, air intrusion control, 
corrosion resistance, fill settlement, resistance to the refuse 
decomposition heat, and ability to isolate individual components or 
sections for repair or troubleshooting without shutting down entire 
collection system.
    (2) The sufficient density of gas collection devices determined in 
paragraph (a)(1) of this section must 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 must control all gas producing areas, except as 
provided by paragraphs (a)(3)(i) and (ii) of this section.
    (i) Any segregated area of asbestos or nondegradable material may 
be excluded from collection if documented as provided under Sec.  
63.1983(d). The documentation must provide the nature, date of 
deposition, location and amount of asbestos or nondegradable material 
deposited in the area and must 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 amount, location, and age of the material must 
be documented and provided to the Administrator upon request. A 
separate NMOC emissions estimate must be made for each section proposed 
for exclusion, and the sum of all such sections must be compared to the 
NMOC emissions estimate for the entire landfill.
    (A) The NMOC emissions from each section proposed for exclusion 
must be computed using Equation 7:

[[Page 17272]]

[GRAPHIC] [TIFF OMITTED] TR26MR20.010

Where:

Qi = NMOC emission rate from the ith section, Mg/yr.
k = Methane generation rate constant, year -1.
Lo = Methane generation potential, m\3\/Mg solid waste.
Mi = Mass of the degradable solid waste in the ith 
section, Mg.
ti = Age of the solid waste in the ith section, years.
CNMOC = Concentration of NMOC, ppmv.
3.6 x 10-9 = Conversion factor.

    (B) If the owner/operator is proposing to exclude, or cease gas 
collection and control from, nonproductive physically separated (e.g., 
separately lined) closed areas that already have gas collection 
systems, NMOC emissions from each physically separated closed area must 
be computed using either Equation 3 in Sec.  63.1959(c) or Equation 7 
in paragraph (a)(3)(ii)(A) of this section.
    (iii) The values for k and CNMOC determined in field 
testing must be used if field testing has been performed in determining 
the NMOC emission rate or the radii of influence (the 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.  63.1959(a)(1) or the alternative 
values from Sec.  63.1959(a)(5) must 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.  
63.1959(b)(2)(ii) must construct the gas collection devices using the 
following equipment or procedures:
    (1) The landfill gas extraction components must 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 must extend 
as necessary to comply with emission and migration standards. 
Collection devices such as wells and horizontal collectors must be 
perforated to allow gas entry without head loss sufficient to impair 
performance across the intended extent of control. Perforations must be 
situated with regard to the need to prevent excessive air infiltration.
    (2) Vertical wells must be placed so as not to endanger underlying 
liners and must address the occurrence of water within the landfill. 
Holes and trenches constructed for piped wells and horizontal 
collectors must 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 must 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 must 
include a positive closing throttle valve, any necessary seals and 
couplings, access couplings and at least one sampling port. The 
collection devices must 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.  
63.1959(b)(2)(iii) must convey the landfill gas to a control system in 
compliance with Sec.  63.1959(b)(2)(iii) through the collection header 
pipe(s). The gas mover equipment must 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 must be used to 
project the maximum flow rate. If no flow data exists, the procedures 
in paragraph (c)(2) of this section must be used.
    (2) For new collection systems, the maximum flow rate must be in 
accordance with Sec.  63.1960(a)(1).

General and Continuing Compliance Requirements


Sec.  63.1964  How is compliance determined?

    Compliance is determined using performance testing, collection 
system monitoring, continuous parameter monitoring, and other credible 
evidence. In addition, continuous parameter monitoring data collected 
under Sec.  63.1961(b)(1), (c)(1), and (d) are used to demonstrate 
compliance with the operating standards for control systems. If a 
deviation occurs, you have failed to meet the control device operating 
standards described in this subpart and have deviated from the 
requirements of this subpart.
    (a) Before September 28, 2021, you must develop a written SSM plan 
according to the provisions in Sec.  63.6(e)(3) of subpart A. A copy of 
the SSM plan must be maintained on site. Failure to write or maintain a 
copy of the SSM plan is a deviation from the requirements of this 
subpart.
    (b) After September 27, 2021, the SSM provisions of Sec.  63.6(e) 
of subpart A no longer apply to this subpart and the SSM plan developed 
under paragraph (a) of this section no longer applies. Compliance with 
the emissions standards and the operating standards of Sec.  63.1958 of 
this subpart is required at all times.


Sec.  63.1965  What is a deviation?

    A deviation is defined in Sec.  63.1990. For the purposes of the 
landfill monitoring and SSM plan requirements, deviations include the 
items in paragraphs (a) through (c) of this section.
    (a) A deviation occurs when the control device operating parameter 
boundaries described in Sec.  63.1983(c)(1) are exceeded.
    (b) A deviation occurs when 1 hour or more of the hours during the 
3-hour block averaging period does not constitute a valid hour of data. 
A valid hour of data must have measured values for at least three 15-
minute monitoring periods within the hour.
    (c) Before September 28, 2021, a deviation occurs when a SSM plan 
is not developed or maintained on site and when an affected source 
fails to meet any emission limitation, (including any operating limit), 
or work practice requirement in this subpart during SSM, regardless of 
whether or not such failure is permitted by this subpart.


Sec.  63.1975  How do I calculate the 3-hour block average used to 
demonstrate compliance?

    Before September 28, 2021, averages are calculated in the same way 
as they are calculated in 40 CFR part 60, subpart WWW (Sec.  
60.758(b)(2)(i) for average combustion temperature and Sec.  60.758(c) 
for 3-hour average combustion temperature for enclosed combustors), 
except that the data collected during the events listed in paragraphs 
(a) through (d) of this section are not to be included in any average 
computed under this subpart. Beginning

[[Page 17273]]

no later than September 27, 2021, averages are calculated according to 
Sec. Sec.  63.1983(b)(2)(i) and 63.1983(c)(1)(i) and the data collected 
during the events listed in paragraphs (a) through (d) of this section 
are included in any average computed under this subpart.
    (a) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments.
    (b) Startups.
    (c) Shutdowns.
    (d) Malfunctions.

Notifications, Records, and Reports


Sec.  63.1981  What reports must I submit?

    You must submit the reports specified in this section and the 
reports specified in Table 1 to this subpart. If you have previously 
submitted a design capacity report, amended design capacity report, 
initial NMOC emission rate report, initial or revised collection and 
control system design plan, closure report, equipment removal report, 
or initial performance test under 40 CFR part 60, subpart WWW; 40 CFR 
part 60, subpart XXX; or a federal plan or EPA-approved and effective 
state plan or tribal plan that implements either 40 CFR part 60, 
subpart Cc or 40 CFR part 60, subpart Cf, then that submission 
constitutes compliance with the design capacity report in paragraph (a) 
of this section, the amended design capacity report in paragraph (b) of 
this section, the initial NMOC emission rate report in paragraph (c) of 
this section, the initial collection and control system design plan in 
paragraph (d) of this section, the revised design plan in paragraph (e) 
of this section, the closure report in paragraph (f) of this section, 
the equipment removal report in paragraph (g) of this section, and the 
initial performance test report in paragraph (i) of this section. You 
do not need to re-submit the report(s). However, you must include a 
statement certifying prior submission of the respective report(s) and 
the date of submittal in the first semi-annual report required in this 
section.
    (a) Initial design capacity report. The initial design capacity 
report must contain the information specified in Sec.  60.757(a)(2) of 
this chapter, except beginning no later than September 28, 2021, the 
report must contain:
    (1) 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 permit issued by the state, local, or 
tribal agency responsible for regulating the landfill.
    (2) The maximum design capacity of the landfill. Where the maximum 
design capacity is specified in the permit issued by the state, local, 
or tribal agency responsible for regulating the landfill, 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 must be calculated 
using good engineering practices. The calculations must be provided, 
along with the relevant parameters as part of the report. The landfill 
may calculate design capacity in either Mg or m\3\ for comparison with 
the exemption values. If the owner or operator chooses to convert the 
design capacity from volume to mass or from mass to volume to 
demonstrate its design capacity is less than 2.5 million Mg or 2.5 
million m\3\, the calculation must include a site-specific density, 
which must be recalculated annually. Any density conversions must be 
documented and submitted with the design capacity 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.
    (b) Amended design capacity report. An amended design capacity 
report must be submitted to the Administrator providing notification of 
an increase in the design capacity of the landfill, within 90 days of 
an increase in the maximum design capacity of the landfill to meet or 
exceed 2.5 million Mg and 2.5 million m\3\. This increase in design 
capacity may result from an increase in the permitted volume of the 
landfill or an increase in the density as documented in the annual 
recalculation required in Sec.  63.1983(f).
    (c) NMOC emission rate report. Each owner or operator subject to 
the requirements of this subpart must submit a copy of the latest NMOC 
emission rate report that was submitted according to Sec.  60.757(b) of 
this chapter or submit an NMOC emission rate report to the 
Administrator initially and annually thereafter, except as provided for 
in paragraph (c)(1)(ii)(A) of this section. The Administrator may 
request such additional information as may be necessary to verify the 
reported NMOC emission rate. If you have submitted an annual report 
under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a 
Federal plan or EPA-approved and effective state plan or tribal plan 
that implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, 
subpart Cf, then that submission constitutes compliance with the annual 
NMOC emission rate report in this paragraph. You do not need to re-
submit the annual report for the current year. Beginning no later than 
September 27, 2021, the report must meet the following requirements:
    (1) The NMOC emission rate report must contain an annual or 5-year 
estimate of the NMOC emission rate calculated using the formula and 
procedures provided in Sec.  63.1959(a) or (b), as applicable.
    (i) The initial NMOC emission rate report must be submitted no 
later than 90 days after the date of commenced construction, 
modification, or reconstruction for landfills that commence 
construction, modification, or reconstruction on or after March 12, 
1996.
    (ii) Subsequent NMOC emission rate reports must be submitted 
annually thereafter, except as provided for in paragraph (c)(1)(ii)(A) 
of this section.
    (A) If the estimated NMOC emission rate as reported in the annual 
report to the Administrator is less than 50 Mg/yr 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 must 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 must be 
provided to the Administrator. This estimate must 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 must be submitted to the 
Administrator. The revised estimate must cover the 5-year period 
beginning with the year in which the actual waste acceptance rate 
exceeded the estimated waste acceptance rate.
    (B) The report must be submitted following the procedure specified 
in paragraph (l)(2) of this section.
    (2) The NMOC emission rate report must 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 to submit an NMOC emission 
rate report, after installing a collection and control system that 
complies with Sec.  63.1959(b)(2), during such time as the collection 
and control system is in operation and in compliance with Sec. Sec.  
63.1958 and 63.1960.
    (d) Collection and control system design plan. Each owner or 
operator

[[Page 17274]]

subject to the provisions of Sec.  63.1959(b)(2) must submit a 
collection and control system design plan to the Administrator for 
approval according to Sec.  60.757(c) of this chapter and the schedule 
in Sec.  60.757(c)(1) and (2). Beginning no later than September 27, 
2021, each owner or operator subject to the provisions of Sec.  
63.1959(b)(2) must submit a collection and control system design plan 
to the Administrator according to paragraphs (d)(1) through (6) of this 
section. The collection and control system design plan must be prepared 
and approved by a professional engineer.
    (1) The collection and control system as described in the design 
plan must meet the design requirements in Sec.  63.1959(b)(2).
    (2) The collection and control system design plan must include any 
alternatives to the operational standards, test methods, procedures, 
compliance measures, monitoring, recordkeeping or reporting provisions 
of Sec. Sec.  63.1957 through 63.1983 proposed by the owner or 
operator.
    (3) The collection and control system design plan must either 
conform with specifications for active collection systems in Sec.  
63.1962 or include a demonstration to the Administrator's satisfaction 
of the sufficiency of the alternative provisions to Sec.  63.1962.
    (4) Each owner or operator of an MSW landfill affected by this 
subpart must submit a collection and control system design plan to the 
Administrator for approval within 1 year of becoming subject to this 
subpart.
    (5) The landfill owner or operator must notify the Administrator 
that the design plan is completed and submit a copy of the plan's 
signature page. The Administrator has 90 days to decide whether the 
design plan should be submitted for review. If the Administrator 
chooses to review the plan, the approval process continues as described 
in paragraph (d)(6) of this section. In the event that the design plan 
is required to be modified to obtain approval, the owner or operator 
must take any steps necessary to conform any prior actions to the 
approved design plan and any failure to do so could result in an 
enforcement action.
    (6) Upon receipt of an initial or revised design plan, the 
Administrator must review the information submitted under paragraphs 
(d)(1) through (3) 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.
    (e) Revised design plan. Beginning no later than September 27, 
2021, the owner or operator who has already been required to submit a 
design plan under paragraph (d) of this section must submit a revised 
design plan to the Administrator for approval as follows:
    (1) At least 90 days before expanding operations to an area not 
covered by the previously approved design plan.
    (2) Prior to installing or expanding the gas collection system in a 
way that is not consistent with the design plan that was submitted to 
the Administrator according to paragraph (d) of this section.
    (f) Closure report. Each owner or operator of a controlled landfill 
must 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 Sec.  258.60 of this 
chapter. 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.  63.9(b) of 
subpart A.
    (g) Equipment removal report. Each owner or operator of a 
controlled landfill must submit an equipment removal report as provided 
in Sec.  60.757(e) of this chapter. Each owner or operator of a 
controlled landfill must submit an equipment removal report to the 
Administrator 30 days prior to removal or cessation of operation of the 
control equipment.
    (1) Beginning no later than September 27, 2021, the equipment 
removal report must contain all of the following items:
    (i) A copy of the closure report submitted in accordance with 
paragraph (f) of this section;
    (ii) A copy of the initial performance test report demonstrating 
that the 15-year minimum control period has expired, or information 
that demonstrates that the gas collection and control system will be 
unable to operate for 15 years due to declining gas flows. In the 
equipment removal report, the process unit(s) tested, the pollutant(s) 
tested, and the date that such performance test was conducted may be 
submitted in lieu of the performance test report if the report has been 
previously submitted to the EPA's Central Data Exchange (CDX); and
    (iii) Dated copies of three successive NMOC emission rate reports 
demonstrating that the landfill is no longer producing 50 Mg or greater 
of NMOC per year. If the NMOC emission rate reports have been 
previously submitted to the EPA's CDX, a statement that the NMOC 
emission rate reports have been submitted electronically and the dates 
that the reports were submitted to the EPA's CDX may be submitted in 
the equipment removal report in lieu of the NMOC emission rate reports.
    (2) The Administrator may request such additional information as 
may be necessary to verify that all of the conditions for removal in 
Sec.  63.1957(b) have been met.
    (h) Semi-annual report. The owner or operator of a landfill seeking 
to comply with Sec.  63.1959(b)(2) using an active collection system 
designed in accordance with Sec.  63.1959(b)(2)(ii) must submit to the 
Administrator semi-annual reports. Beginning no later than September 
27, 2021, you must submit the report, following the procedure specified 
in paragraph (l) of this section. The initial report must be submitted 
within 180 days of installation and startup of the collection and 
control system and must include the initial performance test report 
required under Sec.  63.7 of subpart A, as applicable. In the initial 
report, the process unit(s) tested, the pollutant(s) tested, and the 
date that such performance test was conducted may be submitted in lieu 
of the performance test report if the report has been previously 
submitted to the EPA's CDX. For enclosed combustion devices and flares, 
reportable exceedances are defined under Sec.  63.1983(c). The semi-
annual reports must contain the information in paragraphs (h)(1) 
through (8) of this section.
    (1) Number of times that applicable parameters monitored under 
Sec.  63.1958(b), (c), and (d) were exceeded and when the gas 
collection and control system was not operating under Sec.  63.1958(e), 
including periods of SSM. For each instance, report the date, time, and 
duration of each exceedance.
    (i) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the temperature and 
nitrogen or oxygen operational standards in introductory paragraph 
Sec.  63.1958(c), provide a statement of the wellhead operational 
standard for temperature and oxygen you are complying with for the 
period covered by the report. Indicate the number of times each of 
those parameters monitored under Sec.  63.1961(a)(3) were exceeded. For 
each instance, report the date, time, and duration of each exceedance.

[[Page 17275]]

    (ii) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec.  63.1958(c)(1), provide a statement of the 
wellhead operational standard for temperature and oxygen you are 
complying with for the period covered by the report. Indicate the 
number of times each of those parameters monitored under Sec.  
63.1961(a)(4) were exceeded. For each instance, report the date, time, 
and duration of each exceedance.
    (iii) Beginning no later than September 27, 2021, number of times 
the parameters for the site-specific treatment system in Sec.  
63.1961(g) were exceeded.
    (2) Description and duration of all periods when the gas stream was 
diverted from the control device or treatment system through a bypass 
line or the indication of bypass flow as specified under Sec.  63.1961.
    (3) Description and duration of all periods when the control device 
or treatment system was not operating and length of time the control 
device or treatment system was not operating.
    (4) All periods when the collection system was not operating.
    (5) The location of each exceedance of the 500-ppm methane 
concentration as provided in Sec.  63.1958(d) and the concentration 
recorded at each location for which an exceedance was recorded in the 
previous month. Beginning no later than September 27, 2021, for 
location, you record the latitude and longitude coordinates of each 
exceedance using an instrument with an accuracy of at least 4 meters. 
The coordinates must be in decimal degrees with at least five decimal 
places.
    (6) The date of installation and the location of each well or 
collection system expansion added pursuant to Sec.  63.1960(a)(3) and 
(4), (b), and (c)(4).
    (7) For any corrective action analysis for which corrective actions 
are required in Sec.  63.1960(a)(3)(i) or (a)(5) and that take more 
than 60 days to correct the exceedance, the root cause analysis 
conducted, including a description of the recommended corrective 
action(s), the date for corrective action(s) already completed 
following the positive pressure or high temperature reading, and, for 
action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.
    (8) Each owner or operator required to conduct enhanced monitoring 
in Sec. Sec.  63.1961(a)(5) and (6) must include the results of all 
monitoring activities conducted during the period.
    (i) For each monitoring point, report the date, time, and well 
identifier along with the value and units of measure for oxygen, 
temperature (wellhead and downwell), methane, and carbon monoxide.
    (ii) Include a summary trend analysis for each well subject to the 
enhanced monitoring requirements to chart the weekly readings over time 
for oxygen, wellhead temperature, methane, and weekly or monthly 
readings over time, as applicable for carbon monoxide.
    (iii) Include the date, time, staff person name, and description of 
findings for each visual observation for subsurface oxidation event.
    (i) Initial performance test report. Each owner or operator seeking 
to comply with Sec.  63.1959(b)(2)(iii) must include the following 
information with the initial performance test report required under 
Sec.  63.7 of subpart A:
    (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;
    (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.
    (j) Corrective action and the corresponding timeline. The owner or 
operator must submit information regarding corrective actions according 
to paragraphs (j)(1) and (2) of this section.
    (1) For corrective action that is required according to Sec.  
63.1960(a)(3) or (4) and is not completed within 60 days after the 
initial exceedance, you must submit a notification to the Administrator 
as soon as practicable but no later than 75 days after the first 
measurement of positive pressure or temperature exceedance.
    (2) For corrective action that is required according to Sec.  
63.1960(a)(3) or (4) and is expected to take longer than 120 days after 
the initial exceedance to complete, you must submit the root cause 
analysis, corrective action analysis, and corresponding implementation 
timeline to the Administrator as soon as practicable but no later than 
75 days after the first measurement of positive pressure or temperature 
monitoring value of 62.8 degrees Celsius (145 degrees Fahrenheit) or 
above. The Administrator must approve the plan for corrective action 
and the corresponding timeline.
    (k) 24-hour high temperature report. Where an owner or operator 
subject to the provisions of this subpart seeks to demonstrate 
compliance with the operational standard for temperature in Sec.  
63.1958(c)(1) and a landfill gas temperature measured at either the 
wellhead or at any point in the well is greater than or equal to 76.7 
degrees Celsius (170 degrees Fahrenheit) and the carbon monoxide 
concentration measured is greater than or equal to 1,000 ppmv, then you 
must report the date, time, well identifier, temperature and carbon 
monoxide reading via email to the Administrator within 24 hours of the 
measurement unless a higher operating temperature value has been 
approved by the Administrator for the well under this subpart or under 
40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal 
plan or EPA approved and effective state plan or tribal plan that 
implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, subpart 
Cf.
    (l) Electronic reporting. Beginning no later than September 27, 
2021, the owner or operator must submit reports electronically 
according to paragraphs (l)(1) and (2) of this section.
    (1) Within 60 days after the date of completing each performance 
test required by this subpart, you must submit the results of the 
performance test following the procedures specified in paragraphs 
(l)(1)(i) through (iii) of this section.
    (i) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via the Compliance and Emissions Data 
Reporting Interface (CEDRI), which can be accessed through the EPA's 
CDX (https://cdx.epa.gov/). The data must be submitted in a file format 
generated

[[Page 17276]]

through the use of the EPA's ERT. Alternatively, you may submit an 
electronic file consistent with the extensible markup language (XML) 
schema listed on the EPA's ERT website.
    (ii) Data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT website at the time of the 
test. The results of the performance test must be included as an 
attachment in the ERT or an alternate electronic file consistent with 
the XML schema listed on the EPA's ERT website. Submit the ERT 
generated package or alternative file to the EPA via CEDRI.
    (iii) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (a) of this section is CBI, 
you must submit a complete file, including information claimed to be 
CBI, to the EPA. The file must be generated through the use of the 
EPA's ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the file on a compact 
disc, flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described in paragraph (l)(1)(i) of this section.
    (2) Each owner or operator required to submit reports following the 
procedure specified in this paragraph must submit reports to the EPA 
via CEDRI. CEDRI can be accessed through the EPA's CDX. The owner or 
operator must use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the XML 
schema listed on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri). Once the spreadsheet template upload/forms for the 
reports have been available in CEDRI for 90 days, the owner or operator 
must begin submitting all subsequent reports via CEDRI. The reports 
must be submitted by the deadlines specified in this subpart, 
regardless of the method in which the reports are submitted. The NMOC 
emission rate reports, semi-annual reports, and bioreactor 40-percent 
moisture reports should be electronically reported as a spreadsheet 
template upload/form to CEDRI. If the reporting forms specific to this 
subpart are not available in CEDRI at the time that the reports are 
due, the owner or operator must submit the reports to the Administrator 
at the appropriate address listed in Sec.  63.13 of subpart A.
    (m) Claims of EPA system outage. Beginning no later than September 
27, 2021, if you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for 
failure to comply timely with the reporting requirement. To assert a 
claim of EPA system outage, you must meet the following requirements:
    (1) You must have been or will be precluded from accessing CEDRI 
and submitting a required report within the time prescribed due to an 
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning 5 business days prior to the date that the submission is due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (n) Claims of force majeure. Beginning no later than September 2, 
2021, if you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of force majeure for 
failure to comply timely with the reporting requirement. To assert a 
claim of force majeure, you must meet the following requirements:
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning 5 business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, 
its contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.


Sec.  63.1982  What records and reports must I submit and keep for 
bioreactors or liquids addition other than leachate?

    Submit reports as specified in this section and Sec.  63.1981. Keep 
records as specified in this section and Sec.  63.1983.
    (a) For bioreactors at new affected sources you must submit the 
initial semi-annual compliance report and performance test results 
described in Sec.  63.1981(h) within 180 days after the date you are 
required to begin operating the gas collection and control system by 
Sec.  63.1947(a)(2).
    (b) If you must submit a semi-annual compliance report for a 
bioreactor as well as a semi-annual compliance report for a 
conventional portion of the same landfill, you may delay submittal of a 
subsequent semi-annual compliance report for the bioreactor according 
to paragraphs (b)(1) through (3) of this section so that the reports 
may be submitted on the same schedule.

[[Page 17277]]

    (1) After submittal of your initial semi-annual compliance report 
and performance test results for the bioreactor, you may delay 
submittal of the subsequent semi-annual compliance report for the 
bioreactor until the date the initial or subsequent semi-annual 
compliance report is due for the conventional portion of your landfill.
    (2) You may delay submittal of your subsequent semi-annual 
compliance report by no more than 12 months after the due date for 
submitting the initial semi-annual compliance report and performance 
test results described in Sec.  63.1981(h) for the bioreactor. The 
report must cover the time period since the previous semi-annual report 
for the bioreactor, which would be a period of at least 6 months and no 
more than 12 months.
    (3) After the delayed semi-annual report, all subsequent semi-
annual reports for the bioreactor must be submitted every 6 months on 
the same date the semi-annual report for the conventional portion of 
the landfill is due.
    (c) If you add any liquids other than leachate in a controlled 
fashion to the waste mass and do not comply with the bioreactor 
requirements in Sec. Sec.  63.1947, 63.1955(b), and paragraphs (a) and 
(b) of this section, you must keep a record of calculations showing 
that the percent moisture by weight expected in the waste mass to which 
liquid is added is less than 40 percent. The calculation must consider 
the waste mass, moisture content of the incoming waste, mass of water 
added to the waste including leachate recirculation and other liquids 
addition and precipitation, and the mass of water removed through 
leachate or other water losses. Moisture level sampling or mass 
balances calculations can be used. You must document the calculations 
and the basis of any assumptions. Keep the record of the calculations 
until you cease liquids addition.
    (d) If you calculate moisture content to establish the date your 
bioreactor is required to begin operating the collection and control 
system under Sec.  63.1947(a)(2) or (c)(2), keep a record of the 
calculations including the information specified in paragraph (e) of 
this section for 5 years. Within 90 days after the bioreactor achieves 
40-percent moisture content, report the results of the calculation, the 
date the bioreactor achieved 40-percent moisture content by weight, and 
the date you plan to begin collection and control system operation to 
the Administrator. Beginning no later than September 27, 2021, the 
reports should be submitted following the procedure specified in Sec.  
63.1981(l)(2).


Sec.  63.1983  What records must I keep?

    You must keep records as specified in this subpart. You must also 
keep records as specified in the general provisions of 40 CFR part 63 
as shown in Table 1 to this subpart.
    (a) Except as provided in Sec.  63.1981(d)(2), each owner or 
operator of an MSW landfill subject to the provisions of Sec.  
63.1959(b)(2)(ii) and (iii) of this chapter must keep for at least 5 
years up-to-date, readily accessible, on-site records of the design 
capacity report that triggered Sec.  63.1959(b), 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) Except as provided in Sec.  63.1981(d)(2), each owner or 
operator of a controlled landfill must keep up-to-date, readily 
accessible records for the life of the control system equipment of the 
data listed in paragraphs (b)(1) through (5) of this section as 
measured during the initial performance test or compliance 
determination. Records of subsequent tests or monitoring must be 
maintained for a minimum of 5 years. Records of the control device 
vendor specifications must be maintained until removal.
    (1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  63.1959(b)(2)(ii):
    (i) The maximum expected gas generation flow rate as calculated in 
Sec.  63.1960(a)(1).
    (ii) The density of wells, horizontal collectors, surface 
collectors, or other gas extraction devices determined using the 
procedures specified in Sec.  63.1962(a)(1) and (2).
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  63.1959(b)(2)(iii) 
through use of an enclosed combustion device other than a boiler or 
process heater with a design heat input capacity equal to or greater 
than 44 megawatts:
    (i) The average 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.  
63.1959(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.  
63.1959(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.  
63.1959(b)(2)(iii)(A) through use of a non-enclosed 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.  63.11; continuous records of the 
flare pilot flame or flare flame monitoring and records of all periods 
of operations during which the pilot flame or the flare flame is 
absent.
    (5) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  
63.1959(b)(2)(iii)(C) through use of a landfill gas treatment system:
    (i) Bypass records. Records of the flow of landfill gas to, and 
bypass of, the treatment system.
    (ii) Site-specific treatment monitoring plan. Beginning no later 
than September 27, 2021, the owner or operator must prepare a site-
specific treatment monitoring plan to include:
    (A) Monitoring records of parameters that are identified in the 
treatment system monitoring plan and that ensure the treatment system 
is operating properly for each intended end use of the treated landfill 
gas. At a minimum, records should include records of filtration, de-
watering, and compression parameters that ensure the treatment system 
is operating properly for each intended end use of the treated landfill 
gas.
    (B) Monitoring methods, frequencies, and operating ranges for each 
monitored operating parameter based on manufacturer's recommendations 
or engineering analysis for each intended end use of the treated 
landfill gas.
    (C) Documentation of the monitoring methods and ranges, along with 
justification for their use.
    (D) List of responsible staff (by job title) for data collection.
    (E) Processes and methods used to collect the necessary data.
    (F) Description of the procedures and methods that are used for 
quality assurance, maintenance, and repair of all continuous monitoring 
systems (CMS).
    (c) Except as provided in Sec.  63.1981(d)(2), each owner or 
operator of a controlled landfill subject to the

[[Page 17278]]

provisions of this subpart must keep for 5 years up-to-date, readily 
accessible continuous records of the equipment operating parameters 
specified to be monitored in Sec.  63.1961 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 must be recorded and 
reported under Sec.  63.1981(h):
    (i) For enclosed combustors except for boilers and process heaters 
with design heat input capacity of 44 megawatts (150 million Btu per 
hour) or greater, all 3-hour periods of operation during which the 
average temperature was more than 28 degrees Celsius (82 degrees 
Fahrenheit) below the average combustion temperature during the most 
recent performance test at which compliance with Sec.  
63.1959(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) of this section.
    (2) Each owner or operator subject to the provisions of this 
subpart must keep up-to-date, readily accessible continuous records of 
the indication of flow to the control system and 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.  
63.1961(b)(2)(ii), (c)(2)(ii), and (g)(2).
    (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.  
63.1959(b)(2)(iii) must 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 a non-enclosed flare must keep up-to-date, 
readily accessible continuous records of the flame or flare pilot flame 
monitoring specified under Sec.  63.1961(c), and up-to-date, readily 
accessible records of all periods of operation in which the flame or 
flare pilot flame is absent.
    (5) Each owner or operator of a landfill seeking to comply with 
Sec.  63.1959(b)(2) using an active collection system designed in 
accordance with Sec.  63.1959(b)(2)(ii) must keep records of periods 
when the collection system or control device is not operating.
    (6) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
in Sec.  63.1958(e)(1), the date, time, and duration of each startup 
and/or shutdown period, recording the periods when the affected source 
was subject to the standard applicable to startup and shutdown.
    (7) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
in Sec.  63.1958(e)(1), in the event that an affected unit fails to 
meet an applicable standard, record the information below in this 
paragraph:
    (i) For each failure record the date, time and duration of each 
failure and the cause of such events (including unknown cause, if 
applicable).
    (ii) For each failure to meet an applicable standard; record and 
retain a list of the affected sources or equipment.
    (iii) Record actions taken to minimize emissions in accordance with 
the general duty of Sec.  63.1955(c) and any corrective actions taken 
to return the affected unit to its normal or usual manner of operation.
    (8) Beginning no later than September 27, 2021, in lieu of the 
requirements specified in Sec.  [thinsp]63.8(d)(3) of subpart A you 
must keep the written procedures required by Sec.  [thinsp]63.8(d)(2) 
on record for the life of the affected source or until the affected 
source is no longer subject to the provisions of this part, to be made 
available for inspection, upon request, by the Administrator. If the 
performance evaluation plan is revised, you must keep previous (i.e., 
superseded) versions of the performance evaluation plan on record to be 
made available for inspection, upon request, by the Administrator, for 
a period of 5 years after each revision to the plan. The program of 
corrective action should be included in the plan required under Sec.  
[thinsp]63.8(d)(2).
    (d) Except as provided in Sec.  63.1981(d)(2), each owner or 
operator subject to the provisions of this subpart must 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 must keep up-to-date, readily accessible records of the 
installation date and location of all newly installed collectors as 
specified under Sec.  63.1960(b).
    (2) Each owner or operator subject to the provisions of this 
subpart must 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.  
63.1962(a)(3)(i) as well as any nonproductive areas excluded from 
collection as provided in Sec.  63.1962(a)(3)(ii).
    (e) Except as provided in Sec.  63.1981(d)(2), each owner or 
operator subject to the provisions of this subpart must keep for at 
least 5 years up-to-date, readily accessible records of the following:
    (1) All collection and control system exceedances of the 
operational standards in Sec.  63.1958, the reading in the subsequent 
month whether or not the second reading is an exceedance, and the 
location of each exceedance.
    (2) Each owner or operator subject to the control provisions of 
this subpart must keep records of each wellhead temperature monitoring 
value of greater than 55 degrees Celsius (131 degrees Fahrenheit), each 
wellhead nitrogen level at or above 20 percent, and each wellhead 
oxygen level at or above 5 percent, except:
    (i) When an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the compliance provisions 
for wellhead temperature in Sec.  63.1958(c)(1), but no later than 
September 27, 2021, the records of each wellhead temperature monitoring 
value of 62.8 degrees Celsius (145 degrees Fahrenheit) or above instead 
of values greater than 55 degrees Celsius (131 degrees Fahrenheit).
    (ii) Each owner or operator required to conduct the enhanced 
monitoring provisions in Sec.  63.1961(a)(5), must also keep records of 
all enhanced monitoring activities.
    (iii) Each owner or operator required to submit the 24-hour high 
temperature report in Sec.  63.1981(k), must also keep a record of the 
email transmission.
    (3) For any root cause analysis for which corrective actions are 
required in Sec.  63.1960(a)(3)(i)(A) or (a)(4)(i)(A), keep a record of 
the root cause analysis conducted, including a description of the 
recommended corrective action(s) taken, and the date(s) the corrective 
action(s) were completed.
    (4) For any root cause analysis for which corrective actions are 
required in Sec.  63.1960(a)(3)(i)(B) or (a)(4)(i)(B), keep a record of 
the root cause analysis conducted, the corrective action analysis, the 
date for corrective action(s) already completed following the

[[Page 17279]]

positive pressure reading or high temperature reading, and, for 
action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.
    (5) For any root cause analysis for which corrective actions are 
required in Sec.  63.1960(a)(3)(i)(C) or (a)(4)(i)(C), keep a record of 
the root cause analysis conducted, the corrective action analysis, the 
date for corrective action(s) already completed following the positive 
pressure reading or high temperature reading, for action(s) not already 
completed, a schedule for implementation, including proposed 
commencement and completion dates, and a copy of any comments or final 
approval on the corrective action analysis or schedule from the 
Administrator.
    (f) Landfill owners or operators who convert design capacity from 
volume to mass or mass to volume to demonstrate that landfill design 
capacity is less than 2.5 million Mg or 2.5 million m\3\, as provided 
in the definition of ``design capacity,'' must keep readily accessible, 
on-site records of the annual recalculation of site-specific density, 
design capacity, and the supporting documentation. Off-site records may 
be maintained if they are retrievable within 4 hours. Either paper copy 
or electronic formats are acceptable.
    (g) Except as provided in Sec.  63.1981(d)(2), each owner or 
operator subject to the provisions of this subpart must keep for at 
least 5 years up-to-date, readily accessible records of all collection 
and control system monitoring data for parameters measured in Sec.  
63.1961(a)(1) through (5).
    (h) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec.  63.1958(c)(1), you must keep the following 
records.
    (1) Records of the landfill gas temperature on a monthly basis as 
monitored in Sec.  63.1960(a)(4).
    (2) Records of enhanced monitoring data at each well with a 
measurement of landfill gas temperature greater than 62.8 degrees 
Celsius (145 degrees Fahrenheit) as gathered in Sec.  63.1961(a)(5) and 
(6).
    (i) Any records required to be maintained by this subpart that are 
submitted electronically via the EPA's CEDRI may be maintained in 
electronic format. This ability to maintain electronic copies does not 
affect the requirement for facilities to make records, data, and 
reports available upon request to a delegated air agency or the EPA as 
part of an on-site compliance evaluation.
    (ii) [Reserved]

Other Requirements and Information


Sec.  63.1985  Who enforces this subpart?

    (a) This subpart can be implemented and enforced by the EPA, or a 
delegated authority such as the applicable state, local, or tribal 
agency. If the EPA Administrator has delegated authority to a state, 
local, or tribal agency, then that agency as well as the EPA has the 
authority to implement and enforce this subpart. Contact the applicable 
EPA Regional office to find out if this subpart is delegated to a 
state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the EPA Administrator and are not transferred to the state, 
local, or tribal agency.
    (c) The authorities that will not be delegated to state, local, or 
tribal agencies are as follows. Approval of alternatives to the 
standards in Sec. Sec.  63.1955 through 63.1962. Where this subpart 
references 40 CFR part 60, subpart WWW, the cited provisions will be 
delegated according to the delegation provisions of 40 CFR part 60, 
subpart WWW. For this subpart, the EPA also retains the authority to 
approve methods for determining the NMOC concentration in Sec.  
63.1959(a)(3) and the method for determining the site-specific methane 
generation rate constant k in Sec.  63.1959(a)(4).


Sec.  63.1990  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, 40 CFR 
part 60, subparts A, Cc, Cf, WWW, and XXX; 40 CFR part 62, subpart GGG, 
and subpart A of this part, and this section that follows:
    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.
    Bioreactor means an MSW landfill or portion of an MSW landfill 
where any liquid other than leachate (leachate includes landfill gas 
condensate) is added in a controlled fashion into the waste mass (often 
in combination with recirculating leachate) to reach a minimum average 
moisture content of at least 40 percent by weight to accelerate or 
enhance the anaerobic (without oxygen) biodegradation of the waste.
    Closed area means a separately lined area of an MSW landfill in 
which solid waste is no longer being placed. If additional solid waste 
is placed in that area of the landfill, that landfill area is no longer 
closed. The area must be separately lined to ensure that the landfill 
gas does not migrate between open and closed areas.
    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.  63.9(b). Once a notification of modification has been filed, and 
additional solid waste is placed in the landfill, the landfill is no 
longer closed.
    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 a collection and control system design plan is 
submitted in compliance with Sec.  60.752(b)(2)(i) of this chapter or 
in compliance with Sec.  63.1959(b)(2)(i).
    Corrective action analysis means a description of all reasonable 
interim and long-term measures, if any, that are available, and an 
explanation of why the selected corrective action(s) is/are the best 
alternative(s), including, but not limited to, considerations of cost 
effectiveness, technical feasibility, safety, and secondary impacts.
    Cover penetration means a wellhead, a part of a landfill gas 
collection or operations system, and/or any other object that 
completely passes through the landfill cover. The landfill cover 
includes that portion which covers the waste, as well as the portion 
which borders the waste extended to the point where it is sealed with 
the landfill liner or the surrounding land mass. Examples of what is 
not a penetration for purposes of this subpart include but are not 
limited to: Survey stakes, fencing including litter fences, flags, 
signs, utility posts, and trees so long as these items do not pass 
through the landfill cover.
    Design capacity means the maximum amount of solid waste a landfill 
can accept, as indicated in terms of volume or mass in the most recent 
permit issued by the state, local, or tribal agency responsible for 
regulating the landfill, plus any in-place waste not accounted

[[Page 17280]]

for in the most recent permit. If the owner or operator chooses to 
convert the design capacity from volume to mass or from mass to volume 
to demonstrate its design capacity is less than 2.5 million Mg or 2.5 
million m\3\, the calculation must include a site-specific density, 
which must be recalculated annually.
    Deviation before September 28, 2021, means any instance in which an 
affected source subject to this subpart, or an owner or operator of 
such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including, but not limited to, any emissions limitation 
(including any operating limit) or work practice requirement;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limitation, (including any operating 
limit), or work practice requirement in this subpart during SSM, 
regardless of whether or not such failure is permitted by this subpart.
    Deviation beginning no later than September 27, 2021, means any 
instance in which an affected source subject to this subpart or an 
owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including but not limited to any emission limit, or operating 
limit, or work practice requirement; or
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit.
    Disposal facility means all contiguous land and structures, other 
appurtenances, and improvements on the land used for the disposal of 
solid waste.
    Emissions limitation means any emission limit, opacity limit, 
operating limit, or visible emissions limit.
    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.
    EPA approved State plan means a State plan that EPA has approved 
based on the requirements in 40 CFR part 60, subpart B to implement and 
enforce 40 CFR part 60, subparts Cc or Cf. An approved state plan 
becomes effective on the date specified in the document published in 
the Federal Register announcing EPA's approval.
    EPA approved Tribal plan means a plan submitted by a tribal 
authority pursuant to 40 CFR parts 9, 35, 49, 50, and 81 to implement 
and enforce 40 CFR part 60, subpart Cc or subpart Cf.
    Federal plan means the EPA plan to implement 40 CFR part 60, 
subparts Cc or Cf for existing MSW landfills located in states and 
Indian country where state plans or tribal plans are not currently in 
effect. On the effective date of an EPA approved state or tribal plan, 
the Federal Plan no longer applies. The Federal Plan implementing 40 
CFR part 60, subpart Cc is found at 40 CFR part 62, subpart GGG.
    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). Household waste does not 
include fully segregated yard waste. Segregated yard waste means 
vegetative matter resulting exclusively from the cutting of grass, the 
pruning and/or removal of bushes, shrubs, and trees, the weeding of 
gardens, and other landscaping maintenance activities. Household waste 
does not include construction, renovation, or demolition wastes, even 
if originating from a household.
    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, 40 CFR parts 
264 and 265. 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 waste. 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 chapter.
    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.
    Leachate recirculation means the practice of taking the leachate 
collected from the landfill and reapplying it to the landfill by any of 
one of a variety of methods, including pre-wetting of the waste, direct 
discharge into the working face, spraying, infiltration ponds, vertical 
injection wells, horizontal gravity distribution systems, and pressure 
distribution systems.
    Modification means an increase in the permitted volume design 
capacity of the landfill by either lateral or vertical expansion based 
on its permitted design capacity after November 7, 2000. Modification 
does not occur until the owner or operator commences construction on 
the lateral or vertical expansion.
    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 chapter) 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.  63.1959.
    Nondegradable waste means any waste that does not decompose through 
chemical breakdown or microbiological activity. Examples are, but are 
not

[[Page 17281]]

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.
    Root cause analysis means an assessment conducted through a process 
of investigation to determine the primary cause, and any other 
contributing causes, of an exceedance of a standard operating parameter 
at a wellhead.
    Segregated yard waste means vegetative matter resulting exclusively 
from the cutting of grass, the pruning and/or removal of bushes, 
shrubs, and trees, the weeding of gardens, and other landscaping 
maintenance activities.
    Sludge means the term sludge as defined in Sec.  258.2 of this 
chapter.
    Solid waste means the term solid waste as defined in Sec.  258.2 of 
this chapter.
    Sufficient density means any number, spacing, and combination of 
collection 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 subpart.
    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.
    Treated landfill gas means landfill gas processed in a treatment 
system as defined in this subpart.
    Treatment system means a system that filters, de-waters, and 
compresses landfill gas for sale or beneficial use.
    Untreated landfill gas means any landfill gas that is not treated 
landfill gas.
    Work practice requirement means any design, equipment, work 
practice, or operational standard, or combination thereof, that is 
promulgated pursuant to section 112(h) of the Clean Air Act.

Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General 
Provisions to Subpart AAAA

    As specified in this subpart, you must meet each requirement in the 
following table that applies to you. The owner or operator may begin 
complying with the provisions that apply no later than September 27, 
2021, any time before that date.

         Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General Provisions to Subpart AAAA
----------------------------------------------------------------------------------------------------------------
                                                                           Applicable to
                                                         Applicable to    subpart AAAA no
       Part 63 citation              Description         subpart AAAA       later than          Explanation
                                                       before September    September 27,
                                                           28, 2021            2021
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)................  Applicability:         Yes.............  Yes.............
                                 General
                                 applicability of
                                 NESHAP in this part.
Sec.   63.1(b)................  Applicability          Yes.............  Yes.............
                                 determination for
                                 stationary sources.
Sec.   63.1(c)................  Applicability after a  No \1\..........  Yes.............
                                 standard has been
                                 set.
Sec.   63.1(e)................  Applicability of       Yes.............  Yes.............
                                 permit program
                                 before relevant
                                 standard is set.
Sec.   63.2...................  Definitions..........  Yes.............  Yes.............
Sec.   63.3...................  Units and              No \1\..........  Yes.............
                                 abbreviations.
Sec.   63.4...................  Prohibited activities  Yes.............  Yes.............
                                 and circumvention.
Sec.   63.5(a)................  Construction/          No \1\..........  Yes.............
                                 reconstruction.
Sec.   63.5(b)................  Requirements for       Yes.............  Yes.............
                                 existing, newly
                                 constructed, and
                                 reconstructed
                                 sources.
Sec.   63.5(d)................  Application for        No \1\..........  Yes.............
                                 approval of
                                 construction or
                                 reconstruction.
Sec.   63.5(e) and (f)........  Approval of            No \1\..........  Yes.............
                                 construction and
                                 reconstruction.
Sec.   63.6(a)................  Compliance with        No \1\..........  Yes.............
                                 standards and
                                 maintenance
                                 requirements--applic
                                 ability.
Sec.   63.6(b) and (c)........  Compliance dates for   No \1\..........  Yes.............
                                 new, reconstructed,
                                 and existing sources.
Sec.   63.6(e)(1)(i)-(ii).....  Operation and          Yes.............  No..............  See Sec.   63.1955(c)
                                 maintenance                                                for general duty
                                 requirements.                                              requirements.
63.6(e)(3)(i)-(ix)............  SSM plan.............  Yes.............  No..............
63.6(f)(1)....................  Exemption of           Yes.............  No..............
                                 nonopacity emission
                                 standards during SSM.
Sec.   63.6(f)(2) and (3).....  Compliance with        Yes.............  Yes.............
                                 nonopacity emission
                                 standards.
Sec.   63.6(g)................  Use of an alternative  No \1\..........  Yes.............
                                 nonopacity standard.
Sec.   63.6(h)................  Compliance with        No \1\..........  No..............  Subpart AAAA does not
                                 opacity and visible                                        prescribe opacity or
                                 emission standards.                                        visible emission
                                                                                            standards.
Sec.   63.6(i)................  Extension of           No \1\..........  Yes.............
                                 compliance with
                                 emission standards.
Sec.   63.6(j)................  Exemption from         No \1\..........  Yes.............
                                 compliance with
                                 emission standards.
Sec.   63.7...................  Performance testing..  No \1\..........  Yes.............
Sec.   63.7(e)(1).............  Conditions for         No \1\..........  No..............  40 CFR 63.1959(f)
                                 performing                                                 specifies the
                                 performance tests.                                         conditions for
                                                                                            performing
                                                                                            performance tests.
Sec.   63.8(a) and (b)........  Monitoring             No \1\..........  Yes.............
                                 requirements--Applic
                                 ability and conduct
                                 of monitoring.
Sec.   63.8(c)(1).............  Operation and          No \1\..........  Yes.............
                                 Maintenance of
                                 continuous emissions
                                 monitoring system.

[[Page 17282]]

 
Sec.   63.8(c)(1)(i)..........  Operation and          No \1\..........  No..............  Unnecessary due to
                                 Maintenance                                                the requirements of
                                 Requirements.                                              Sec.   63.8(c)(1)
                                                                                            and the requirements
                                                                                            for a quality
                                                                                            control plan for
                                                                                            monitoring equipment
                                                                                            in Sec.
                                                                                            63.8(d)(2).
Sec.   63.8(c)(1)(ii).........  Operation and          No \1\..........  No..............
                                 Maintenance
                                 Requirements.
Sec.   63.8(c)(1)(iii)........  SSM plan for monitors  No \1\..........  No..............
Sec.   63.8(c)(2)-(8).........  Monitoring             No \1\..........  Yes.............
                                 requirements.
Sec.   63.8(d)(1).............  Quality control for    No \1\..........  Yes.............
                                 monitors.
Sec.   63.8(d)(2).............  Quality control for    No \1\..........  Yes.............
                                 monitors.
Sec.   63.8(d)(3).............  Quality control        No \1\..........  No..............  See Sec.
                                 records.                                                   63.1983(c)(8).
Sec.   63.9(a), (c), and (d)..  Notifications........  No \1\..........  Yes.............
Sec.   63.9(b)................  Initial notifications  No \1\..........  Yes \2\.........
Sec.   63.9(e)................  Notification of        No \1\..........  Yes \2\.........
                                 performance test.
Sec.   63.9(f)................  Notification of        No \1\..........  No..............  Subpart AAAA does not
                                 visible emissions/                                         prescribe opacity or
                                 opacity test.                                              visible emission
                                                                                            standards.
Sec.   63.9(g)................  Notification when      No \1\..........  Yes \2\.........
                                 using CMS.
Sec.   63.9(h)................  Notification of        No \1\..........  Yes \2\.........
                                 compliance status.
Sec.   63.9(i)................  Adjustment of          No \1\..........  Yes.............
                                 submittal deadlines.
Sec.   63.9(j)................  Change in information  No \1\..........  Yes.............
                                 already provided.
Sec.   63.10(a)...............  Recordkeeping and      No \1\..........  Yes.............
                                 reporting--general.
Sec.   63.10(b)(1)............  General recordkeeping  No \1\..........  Yes.............
Sec.   63.10(b)(2)(i).........  Startup and shutdown   Yes.............  No..............  See Sec.
                                 records.                                                   63.1983(c)(6) for
                                                                                            recordkeeping for
                                                                                            periods of startup
                                                                                            and shutdown.
Sec.   63.10(b)(2)(ii)........  Recordkeeping of       Yes.............  No..............  See Sec.
                                 failures to meet a                                         63.1983(c)(6)-(7)
                                 standard.                                                  for recordkeeping
                                                                                            for any exceedance
                                                                                            of a standard.
Sec.   63.10(b)(2)(iii).......  Recordkeeping of       Yes.............  Yes.............
                                 maintenance on air
                                 pollution control
                                 equipment.
Sec.   63.10(b)(2)(iv)-(v)....  Actions taken to       Yes.............  No..............  See Sec.
                                 minimize emissions                                         63.1983(c)(7) for
                                 during SSM.                                                recordkeeping of
                                                                                            corrective actions
                                                                                            to restore
                                                                                            compliance.
Sec.   63.10(b)(vi)...........  Recordkeeping for CMS  No \1\..........  Yes.............
                                 malfunctions.
Sec.   63.10(b)(vii)-(xiv)....  Other Recordkeeping    No \1\..........  Yes.............
                                 of compliance
                                 measurements.
Sec.   63.10(c)...............  Additional             No \1\..........  No..............  See Sec.   63.1983
                                 recordkeeping for                                          for required CMS
                                 sources with CMS.                                          recordkeeping.
Sec.   63.10(d)(1)............  General reporting....  No \1\..........  Yes.............
Sec.   63.10(d)(2)............  Reporting of           No \1\..........  Yes.............
                                 performance test
                                 results.
Sec.   63.10(d)(3)............  Reporting of visible   No \1\..........  Yes.............
                                 emission
                                 observations.
Sec.   63.10(d)(4)............  Progress reports for   No \1\..........  Yes.............
                                 compliance date
                                 extensions.
Sec.   63.10(d)(5)............  SSM reporting........  Yes.............  No..............  All exceedances must
                                                                                            be reported in the
                                                                                            semi-annual report
                                                                                            required by Sec.
                                                                                            63.1981(h).
Sec.   63.10(e)...............  Additional reporting   No \1\..........  Yes.............
                                 for CMS systems.
Sec.   63.10(f)...............  Recordkeeping/         No \1\..........  Yes.............
                                 reporting waiver.
Sec.   63.11..................  Control device         No \1\..........  Yes.............  Sec.   60.18 is
                                 requirements/flares.                                       required before
                                                                                            September 27, 2021.
                                                                                            However, Sec.
                                                                                            60.18 and 63.11 are
                                                                                            equivalent.
Sec.   63.12(a)...............  State authority......  Yes.............  Yes.............
Sec.   63.12(b)-(c)...........  State delegations....  No \1\..........  Yes.............
Sec.   63.13..................  Addresses............  No \1\..........  Yes.............
Sec.   63.14..................  Incorporation by       No \1\..........  Yes.............
                                 reference.
Sec.   63.15..................  Availability of        Yes.............  Yes.............
                                 information and
                                 confidentiality.
----------------------------------------------------------------------------------------------------------------
\1\ Before September 28, 2021, this subpart requires affected facilities to follow 40 CFR part 60, subpart WWW,
  which incorporates the General Provisions of 40 CFR part 60.
\2\ If an owner or operator has complied with the requirements of this paragraph under either 40 CFR part 60,
  subpart WWW or subpart XXX, then additional notification is not required.

[FR Doc. 2020-04800 Filed 3-25-20; 8:45 am]
 BILLING CODE 6560-50-P