[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Rules and Regulations]
[Pages 64398-64401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19676]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2002-0047; FRL-10013-69-OAR]
RIN 2060-AU18


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting a 
final rule that appeared in the Federal Register on March 26, 2020. The 
EPA finalized 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). This action corrects inadvertent errors in the cross-
referencing and formatting in the Federal Register; as well as 
clarifies two operational and reporting requirements in the March 26, 
2020, final rule. This action also revises the heading of 40 CFR part 
60, subpart WWW as described in the March 26, 2020, Federal Register 
document. The corrections and clarifications described in this action 
do not affect the substantive requirements of the regulations or the 
results of the RTR conducted for the MSW Landfills source category.

DATES: This final rule is effective on November 12, 2020.

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].

SUPPLEMENTARY INFORMATION: The EPA is making the following corrections 
to the final MSW Landfills NESHAP (40 CFR part 63, subpart AAAA) as 
published in the Federal Register on March 26, 2020 (85 FR 17244).
    The EPA is correcting cross-referencing errors that were the result 
of extensive changes to the structure and content of the MSW Landfills 
NESHAP during the RTR. The initial restructuring is described in the 
proposed RTR for the MSW Landfills NESHAP (84 FR 36670, July 29, 2019). 
Further changes to the MSW Landfills NESHAP occurred between proposal 
and promulgation and those changes are described in the final RTR for 
the MSW Landfills NESHAP (85 FR 17244, March 26, 2020). Operating 
facilities cannot comply with certain requirements of the rule as 
written because the requirements include citations to paragraphs in the 
rule that do not exist, do not contain the cited content, and/or are 
inconsistent with the same requirements as they were previously 
promulgated in section 111 of the Clean Air Act (CAA). As described in 
the preambles to the proposed and final MSW Landfills NESHAP rules, 
landfills are subject to regulations under CAA sections 111 (40 CFR 
part 60, subparts Cf and XXX) and 112 (40 CFR part 63, subpart AAAA). 
The rules were written to promote consistency among MSW Landfills 
regulations under the CAA. See section IV.D of the preamble to the 
proposed rule at 84 FR 36689 (July 29, 2019) and section III.D of the 
preamble to the final rule at 85 FR 17248 (March 26, 2020). Therefore, 
where requirements are the same, the regulatory text was copied from 40 
CFR part 60, subpart XXX and adapted to cite corresponding references 
in 40 CFR part 63, subpart AAAA. During this process, some errors were 
made due to differences in the structures of the two rules. With this 
action, the EPA is correcting the following errors. These corrections 
do not change the requirements with which landfills must comply.
    First, the EPA is correcting two formatting errors.
     40 CFR part 60, subpart WWW. Revise the heading of subpart 
WWW to read: 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. This 
change is consistent with the discussion in the preamble to the final 
rule (85 FR at 17248), but the change was inadvertently not made to the 
relevant title in the regulatory text. This action implements the 
revision.
     40 CFR 63.1983(h)(2)(ii). Remove paragraph (ii). Paragraph 
(i) is not subordinate to 40 CFR 63.1983(h)(2); rather, it follows 40 
CFR 63.1983(h) as 40 CFR 63.1983(i); therefore, there is no need to 
reserve a paragraph (ii). The proposed regulatory text was correctly 
printed in the proposed rule at 84 FR 36721 (July 29, 2019).
    Additionally, the EPA is correcting the following cross-referencing 
errors.
     40 CFR 63.1947(c)(2). Correct the reference from 40 CFR 
63.1980(e) and (f) to 40 CFR 63.1982(c) and (d). The reference 
specifies procedures to use to determine bioreactor moisture content 
but refers to paragraphs that no longer exist. The requirements in 40 
CFR 63.1947(c)(2) were originally promulgated in 40 CFR 63.1945(a)(2) 
in 2003 and referred to the requirements that are now found in 
63.1982(c) and (d). The content of the requirements was not changed in 
the 2020 amendments to the MSW Landfills NESHAP and/or this correction.
     40 CFR 63.1959(a)(3)(i), 40 CFR 63.1959(c)(3)(i), and 40 
CFR 63.1959(e)(1). Correct the references from 40 CFR 63.1981(i) to 40 
CFR 63.1981(l)(1). These three standards refer to procedures for the 
submittal of performance test reports, but the reference leads to 
requirements for an initial report instead of ongoing requirements to 
submit reports electronically. Section III.D.9 of the preamble to the 
final rule stated that performance tests must be submitted 
electronically using the requirements in 40 CFR 63.1981(l)(1). 
Additionally, matching requirements in 40 CFR 60.764(a)(3)(i), 40 CFR 
60.764(b)(3)(i), and 40 CFR 60.764(e)(1), respectively, refer to the 
electronic reporting requirements of 40 CFR 60.767(i)(1), which match 
those of 40 CFR 63.1981(l)(1).
     40 CFR 63.1959(a)(4)(i)(A). Correct the reference from 40 
CFR 63.1981(e) to 40 CFR 63.1981(d). The standard discusses the 
procedures for submitting a gas collection and control system design 
plan if a landfill's emissions exceed the stated threshold according to 
one method of calculation, but the reference does not include the 
intended procedures. Corresponding requirements for plan submittal 
using different calculation methods in 40 CFR 63.1959(a)(2)(ii)(A), 40 
CFR 63.1959(a)(3)(iv)(A), and 40 CFR 63.1959(b)(2)(i) all refer to 40 
CFR 63.1981(d). Additionally, the requirements in 40 CFR 
63.1959(a)(4)(i)(A) align with those of 40 CFR 60.764(a)(4)(i)(A), 
which refer to requirements that match those in 40 CFR 63.1981(d).
     40 CFR 63.1959(b)(2)(iii)(A). Correct the reference from 
``paragraph (f) of this section'' to ``paragraph (e) of

[[Page 64399]]

this section.'' The requirements reference an exception to the 
requirements of 40 CFR 63.11(b). This exception is stated explicitly in 
40 CFR 63.1959(e), not (f). The text in 40 CFR 63.1959(b)(2)(iii)(A) 
mirrors that in 40 CFR 60.762(b)((2)(iii)(A), which references 40 CFR 
60.764(e) for the exception. The requirements in 40 CFR 60.764(e) align 
with those in 40 CFR 63.1959(e).
     40 CFR 63.1960(a). Correct the reference from ``paragraphs 
(a)(1) through (6) of this section,'' to ``paragraphs (a)(1) through 
(5) of this section.'' Paragraph (a)(6) does not exist. This reference 
was copied from corresponding text in 40 CFR 60.765(a). The 
requirements in 40 CFR 60.765(a) are found in paragraphs (a)(1) through 
(6), but paragraph (a)(4) is reserved. The reserved paragraph was 
removed from 40 CFR 63.1960(a) but the corresponding change in 
numbering for the reference was not made.
     40 CFR 63.1960(a)(3)(i)(B). Correct the reference from 40 
CFR 63.1983(e)(5) to 40 CFR 63.1983(e)(4). The reference refers to a 
specific report, whose requirements are included in 40 CFR 
63.1983(e)(4). Additionally, the text in 40 CFR 63.1983(e)(4) refers 
back to 40 CFR 63.1960(a)(3)(i)(B). These requirements mirror those in 
40 CFR 60.765(a)(3)(ii), which references 40 CFR 60.768(e)(4). The 
corresponding requirements for 40 CFR 60.768(e)(4) are found in 40 CFR 
63.1983(e)(4).
     40 CFR 63.1960(a)(5). Correct the reference from 40 CFR 
63.1981(c)(3) to 40 CFR 63.1981(d)(3). These requirements discuss the 
need for alternative collection systems to demonstrate compliance with 
the MSW Landfills standards. The original reference is for a report on 
emissions, instead of the design plan that requires the demonstration 
of sufficiency of alternatives. The requirements in 40 CFR 
63.1960(a)(5) mirror those in 40 CFR 60.765(a)(6), which refers to 40 
CFR 60.767(c)(3). The requirements in 40 CFR 60.767(c)(3) match those 
in 40 CFR 63.1981(d)(3).
     40 CFR 63.1960(b). Correct the reference from 40 CFR 
63.1981(b) to 40 CFR 63.1981(d). The requirements discuss the timing of 
installation for system components included in the landfill's design 
plan, but the reference points to a report for landfill capacity 
instead of the design plan. The requirements in 40 CFR 63.1960(b) match 
those in 40 CFR 60.765(b), which refers to 40 CFR 60.767(c). The 
requirements corresponding to those in 40 CFR 60.767(c) are found in 40 
CFR 63.1981(d).
     40 CFR 63.1960(e)(2). Correct the reference from 40 CFR 
63.1958(c)(1) to 40 CFR 63.1958(e)(1). The text in 40 CFR 63.1960(e) 
describes the requirements for MSW landfills during periods of start-
up, shutdown, and malfunction (SSM). At proposal, the regulatory text 
incorrectly referenced operational standards for temperature instead of 
SSM events in two places. While one of the references was corrected in 
the final rule, the second was overlooked and is being corrected here. 
See Section IV.D.3 of the preamble to the final rule (at 85 FR 17255, 
March 26, 2020).
     40 CFR 63.1961(f). Correct the reference from 40 CFR 
63.1981(i) to 40 CFR 63.1981(h). The requirements for demonstrating 
compliance with the surface methane operational standard state that 
certain information must be included in the semi-annual report but cite 
the paragraph for the initial performance test report instead of the 
paragraph containing requirements for semi-annual reporting.
     40 CFR 63.1983(g). Correct the reference from paragraphs 
40 CFR 63.1961(a)(1) through (5) to 40 CFR 63.1961(a)(1) through (6). 
This section discusses the requirement to keep records of certain gas 
collection and control system parameters that are measured during 
system operation. While the requirements were revised from 40 CFR 
63.1961(a)(1) through (5) in the proposal to 40 CFR 63.1961(a)(1) 
through (6) in the final, the corresponding reference was not updated. 
The changes to the requirements were discussed in section IV.D.1 of the 
preamble to the final rule at 85 FR 17253-17254 (March 26, 2020).
    With this document, the EPA is also clarifying its intent on 
certain requirements in the March 26, 2020, final rule where questions 
have arisen on implementation.
     40 CFR 63.1958(c). Add text to clarify when the revised 
wellhead interior operating standard applies. Prior to compliance with 
the amended standards, a landfill owner must operate each interior 
wellhead in the collection system as specified in 40 CFR 60.753(c) of 
40 CFR part 60, subpart WWW. The requirements in 40 CFR 60.753(c) 
require landfill owners to operate each interior wellhead with landfill 
gas temperatures less than 55 degrees Celsius and with either a 
nitrogen level less than 20 percent or an oxygen level less than 5 
percent. As explained in the preamble to the final rule at 85 FR 17248 
(March 26, 2020), the amendments to the MSW Landfills NESHAP eliminated 
the operational standards for nitrogen and oxygen and increased the 
temperature operating standard. The final regulatory text was unclear 
as to whether or not the nitrogen and oxygen standards remained in 
effect after the compliance date of September 27, 2021. Thus, the 
correction clarifies that landfill owners do not need to comply with 
the provisions of 40 CFR 60.753(c) of 40 CFR part 60, subpart WWW once 
they comply with the amended standards.
     Table 1 to Subpart AAAA--Applicability of NESHAP General 
Provisions to Subpart AAAA. Revise Footnote 2 to clarify the intent 
that landfill owners or operators do not need to submit duplicate 
notifications under 40 CFR part 63, subpart AAAA if they have already 
submitted notifications under either 40 CFR part 60, subpart WWW or 
subpart XXX, or a state or federal plan implementing 40 CFR part Cc or 
Cf, that contain the same information as required by 40 CFR part 63, 
subpart AAAA. This clarification is consistent with the regulatory text 
in the introductory paragraph to 40 CFR 63.1981 that states that 
submission of parallel reports under 40 CFR part 60, subpart WWW; 40 
CFR part XXX; or a state or federal plan implementing 40 CFR part 60, 
subpart Cc or 40 CFR part 60, subpart Cf constitutes compliance with 
parallel requirements in that section.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. The EPA has determined 
that there is good cause for making this rule final without prior 
proposal and opportunity for comment because, as explained here and in 
each bullet above, the changes to the rule are minor technical 
corrections, are noncontroversial in nature, and do not substantively 
change the requirements of the MSW Landfills NESHAP. Rather, the 
changes align the cross-references in the requirements of the MSW 
Landfills NESHAP with corresponding cross-references in the 
requirements of the Emission Guidelines and New Source Performance 
Standards for MSW Landfills in 40 CFR part 60, subparts Cf and XXX. 
Additionally, the revisions correct the regulatory text to match other 
intended minor revisions described in the preamble to the final rule. 
Thus, notice and opportunity for public comment are unnecessary. The 
EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B).

[[Page 64400]]

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, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: August 28, 2020.
Anne Austin,
Principal Deputy Assistant Administrator, Office of Air and Radiation.

    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 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
2. Revise the heading of subpart WWW to read as set forth above.

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

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

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

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


0
4. Section 63.1947 is amended by revising paragraph (c)(2) to read as 
follows:


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

* * * * *
    (c) * * *
    (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. Sec.  63.1982(c) and (d) to determine when the bioreactor moisture 
content reaches 40 percent.

0
5. Section 63.1958 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  63.1958  Operational standards for collection and control 
systems.

* * * * *
    (c) Operate each interior wellhead in the collection system as 
specified in 40 CFR 60.753(c), until the landfill owner or operator 
elects to meet the operational standard for temperature in paragraph 
(c)(1) of this section.
* * * * *

0
6. Section 63.1959 is amended by revising paragraphs (a)(3)(i), 
(a)(4)(i)(A), (b)(2)(iii)(A), (c)(3)(i), and (e)(1) to read as follows:


Sec.  63.1959  NMOC calculation procedures.

    (a) * * *
    (3) * * *
    (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(l)(1).
* * * * *
    (4) * * *
    (i) * * *
    (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) * * *
    (2) * * *
    (iii) * * *
    (A) A non-enclosed flare designed and operated in accordance with 
the parameters established in Sec.  63.11(b) except as noted in 
paragraph (e) of this section; or
* * * * *
    (c) * * *
    (3) * * *
    (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(l)(1).
* * * * *
    (e) * * *
    (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(l)(1).
* * * * *

0
7. Section 63.1960 is amended by revising paragraphs (a) introductory 
text, (a)(3)(i)(B), (a)(5), (b) introductory text, and (e)(2) to read 
as follows:


Sec.  63.1960  Compliance provisions.

    (a) Except as provided in Sec.  63.1981(d)(2), the specified 
methods in paragraphs (a)(1) through (5) of this section must be used 
to determine whether the gas collection system is in compliance with 
Sec.  63.1959(b)(2)(ii).
* * * * *
    (3) * * *
    (i) * * *
    (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)(4).
* * * * *
    (5) An owner or operator seeking to demonstrate compliance with 
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(d)(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(d). 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:
* * * * *
    (e) * * *
    (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(e)(1), the provisions of this subpart apply at

[[Page 64401]]

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.

0
8. Section 63.1961 is amended by revising paragraph (f) to read as 
follows:


Sec.  63.1961  Monitoring of operations.

* * * * *
    (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 Sec.  63.1981(h), 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.
* * * * *

0
9. Section 63.1983 is amended by revising paragraph (g) to read as 
follows:


Sec.  63.1983  What records must I keep?

* * * * *
    (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 (6).
* * * * *

0
10. Amend Table 1 to subpart AAAA of part 63 by revising Footnote 2 to 
read as follows:

Table 1 to Subpart AAAA of Part 63

* * * * *

         Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General Provisions to Subpart AAAA
----------------------------------------------------------------------------------------------------------------
                                                         Applicable to       Applicable to
                                                         subpart AAAA       subpart AAAA no
        Part 63 citation              Description      before September       later than          Explanation
                                                           28,  2021      September 27, 2021
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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 * * * * * * *
\2\ If an owner or operator has complied with requirements that are parallel to the requirements of the part 63
  citation of this table under 40 CFR part 60, subpart WWW or subpart XXX, or a state or federal plan that
  implements 40 CFR part 60, subpart Cc or Cf, then additional notification for that requirement is not
  required.

[FR Doc. 2020-19676 Filed 10-9-20; 8:45 am]
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