[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Rules and Regulations]
[Pages 27756-27790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10109]
[[Page 27755]]
Vol. 86
Friday,
No. 97
May 21, 2021
Part IV
Environmental Protection Agency
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40 CFR Part 62
Federal Plan Requirements for Municipal Solid Waste Landfills That
Commenced Construction On or Before July 17, 2014, and Have Not Been
Modified or Reconstructed Since July 17, 2014; Final Rule
Federal Register / Vol. 86 , No. 97 / Friday, May 21, 2021 / Rules
and Regulations
[[Page 27756]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-HQ-OAR-2019-0338; FRL-10022-82-OAR]
RIN 2060-AU52
Federal Plan Requirements for Municipal Solid Waste Landfills
That Commenced Construction On or Before July 17, 2014, and Have Not
Been Modified or Reconstructed Since July 17, 2014
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this action, the U.S. Environmental Protection Agency (EPA)
is promulgating a Federal plan to implement the Emission Guidelines
(EG) and Compliance Times for Municipal Solid Waste (MSW) Landfills
(2016 MSW Landfills EG) for existing MSW landfills located in states
and Indian country where state plans or tribal plans are not in effect.
This MSW Landfills Federal Plan includes the same elements as required
for a state plan: Identification of legal authority and mechanisms for
implementation; inventory of designated facilities; emissions
inventory; emission limits; compliance schedules; a process for the EPA
or state review of design plans for site-specific gas collection and
control systems (GCCS); testing, monitoring, reporting and record
keeping requirements; and public hearing requirements. Additionally,
this action summarizes implementation and delegation of authority of
the MSW Landfills Federal Plan.
DATES: The final rule is effective on June 21, 2021. The incorporation
by reference (IBR) of certain publications listed in the rule is
approved by the Director of the Federal Register as of June 21, 2021.
ADDRESSES: The U.S. Environmental Protection Agency (EPA) has
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2019-0338. 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 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 3334, 1301 Constitution Avenue NW, Washington,
DC. The EPA has temporarily suspended its Docket Center and Reading
Room for public visitors to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. The EPA continues to carefully
and continuously monitor information from the Centers for Disease
Control (CDC), local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
For further information on EPA Docket Center services and the current
status, please visit us online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Andrew Sheppard, 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 implementation of this Federal plan, contact the appropriate EPA
Regional office listed in Table 3 of this preamble.
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:
AG attorney general
CAA Clean Air Act
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
CHIEF Clearinghouse for Inventories and Emissions Factors
COVID-19 coronavirus disease of 2019
EG emission guidelines
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
GCCS gas collection and control system
IBR incorporation by reference
LFG landfill gas
m3 cubic meter
Mg megagram
MSW municipal solid waste
NMOC nonmethane organic compounds
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
ppm parts per million
PRA Paperwork Reduction Act
RFA Regulatory Flexible Act
RIN Regulatory Information Number
SEM surface emissions monitoring
UMRA Unfunded Mandate Reform Act
U.S.C. United States Code
Organization of this document. The information in this preamble is
organized as follows:
I. General Information
A. Does this final action apply to me?
B. Where can I get a copy of this document and other related
information?
C. Judicial Review
II. Background
A. What is the regulatory development background for this final
action?
B. What is the purpose of this action?
C. What is a negative declaration letter?
D. What is the status of state plan submittals?
E. What are the elements of the MSW Landfills Federal Plan?
III. What are the designated facilities?
A. What is a designated MSW landfill?
B. How do I determine if my MSW landfill is covered by an
approved and effective state plan?
IV. Summary of Changes Since Proposal and Response to Comments
A. Clarification of Requirements
B. Inventory of Designated MSW Landfills
C. Inventory of Emissions
V. Summary of Final MSW Landfills Federal Plan Requirements
A. What are the final applicability requirements?
B. What are the final compliance schedules?
C. What are the final emissions limits and operating limits?
D. What are the final performance testing and monitoring
requirements?
E. What are the final recordkeeping and reporting requirements?
VI. Implementation of the Federal Plan and Delegation
A. Background of Authority
B. Mechanisms for Transferring Authority
C. Implementing Authority
D. Delegation of the Federal Plan and Retained Authorities
VII. Title V Operating Permits
A. Title V Requirements for Existing MSW Landfills
B. Title V and Delegation of Federal Plan
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
[[Page 27757]]
I. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
L. Clean Air Act Section 307(d)
I. General Information
A. Does this action apply to me?
This final action addresses existing MSW landfills and associated
solid waste management programs and promulgates regulations that were
proposed on August 22, 2019 (84 FR 43745). For the purpose of this
regulation, existing MSW landfills are those that accepted waste after
November 8, 1987, and commenced construction on or before July 17,
2014. Table 1 of this preamble lists the associated regulated
industrial source categories that are the subject of this final action.
Table 1 of this preamble is not intended to be exhaustive, but rather
provides a guide for readers regarding the entities that this final
action is likely to affect. To determine whether a source would be
affected by this action, please examine the applicability criteria in
40 CFR 62.16711 being finalized here. Questions regarding the
applicability of this final action to a particular entity should be
directed to the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Table 1--Industrial Source Categories Affected by This Action
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Examples of potentially NAICS code 1
Source category regulated entities
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Industry: Air and water Solid waste landfills.. 924110
resource and solid waste
management.
Industry: Refuse systems--solid Solid waste landfills.. 562212
waste landfills.
State, local, and tribal Administration of air 924110
government agencies. and water resource and
solid waste management
programs.
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1 North American Industry Classification System.
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 action is 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-new-source-performance-standards. Following publication
in the Federal Register, the EPA will post the Federal Register version
of this final action at this same website.
C. Judicial Review
Under Clean Air Act (CAA) section 307(b)(1), judicial review of
this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit by July
20, 2021. Moreover, under section 307(b)(2) of the CAA, the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements. Section 307(d)(7)(B) of the CAA further
provides that ``[o]nly 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 convene a
proceeding for reconsideration, ``[i]f the person raising an objection
can demonstrate to the EPA 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 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 regulatory development background and legal authority
for this action?
Under authority of the CAA, the EPA has promulgated several
regulations that apply to MSW landfills. In 1996, under CAA section
111, the EPA promulgated the original standards of performance for new
MSW landfills (i.e., new source performance standards or NSPS) at 40
CFR part 60, subpart WWW, and EG for existing MSW landfills at 40 CFR
part 60, subpart Cc (61 FR 9905; March 12, 1996). The NSPS and EG are
based on the Administrator's determination that MSW landfills cause, or
contribute significantly to, air pollution that may reasonably be
anticipated to endanger public health or welfare. In 1999, the EPA
promulgated a Federal plan under CAA section 111 to implement the 1996
EG for MSW landfills located in states that did not have approved and
effective state plans (40 CFR part 62, subpart GGG) (64 FR 60689,
November 8, 1999). The Federal plan was necessary to implement the 1996
EG for MSW landfills located in states and Indian country where state
plans or tribal plans were not in effect.
Beginning in 2014, the EPA reviewed the NSPS and EG based on
changes in the landfill industry since the rules were first promulgated
in 1996, including changes to the size and number of existing
landfills, industry practices, and gas control methods and
technologies. In August 2016, the EPA made several revisions to further
reduce emissions of landfill gas (LFG) and its components and
promulgated revised subparts for the MSW Landfills NSPS at 40 CFR part
60, subpart XXX, and the EG for existing MSW landfills at 40 CFR part
60, subpart Cf (81 FR 59276 and 59332, August 29, 2016).
B. What is the purpose of this action?
The CAA regulations implementing the EG require states with
existing MSW landfills subject to the EG to submit state plans to the
EPA in order to implement and enforce the EG. State plans implementing
the 2016 MSW Landfills EG were due on May 30, 2017.\1\ For states that
did not submit an
[[Page 27758]]
approvable plan by that deadline, CAA section 111 and 40 CFR 60.27(c)
and (d) require the EPA to develop, implement, and enforce a Federal
plan for existing MSW landfills located in any state (i.e., state,
territory, or protectorate) or Indian country that does not have an
approved state plan \2\ that implements the 2016 MSW Landfills EG. On
August 22, 2019, the EPA proposed a Federal plan under CAA section 111
to implement the 2016 EG for MSW landfills located in states that did
not have approved and effective state plans (40 CFR part 62, subpart
OOO) (84 FR 43745, August 22, 2019). On February 29, 2020, the EPA
found 42 states and territories failed to submit state plans for the
2016 MSW Landfills EG (85 FR 14474, February 29, 2020), and as a
result, this final action establishes an MSW Landfills Federal Plan to
implement the 2016 MSW Landfills EG for those states that do not
presently have an approved state plan.
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\1\ May 30, 2017, was the original deadline for submission of
state plans pursuant to subpart B when subpart Cf (40 CFR 60.30f(b)
of this chapter) was promulgated on August 29, 2016. The EPA
subsequently finalized a rulemaking (84 FR 44547) on August 26,
2019, to change the MSW Landfills state and federal plan timing
requirements by incorporating revised state and federal plan timing
requirements in the newly promulgated subpart Ba (84 FR 32520, July
8, 2019), which had the effect of extending the deadline for state
plan submissions for subpart Cf. The timing requirements in subpart
Ba were subsequently vacated by American Lung Ass'n v. EPA, 985 F.3d
914, 991-95 (D.C. Cir. 2021) (ALA). In light of the ALA decision,
The EPA has moved for voluntary vacatur of the subsequent landfills
rulemaking. See Environmental Defense Fund v. EPA, No. 19-1222 (D.C.
Circuit). As a result, the original timelines in subpart B would
apply again to the landfills plans.
\2\ An approved state plan is a plan developed by a state that
the EPA has reviewed and approved based on the requirements in 40
CFR part 60, subparts B or Ba, as applicable, to implement 40 CFR
part 60, subpart Cf.
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For the purposes of this preamble and the MSW Landfills Federal
Plan, the word ``state'' means any of the 50 United States, local
agencies that have been delegated implementation and enforcement
authority within those states, and the protectorates of the United
States. The word ``protectorate'' means American Samoa, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, the
Northern Mariana Islands, and the Virgin Islands.
C. What is a negative declaration letter?
A negative declaration is a letter to the EPA declaring either that
there are no existing MSW landfills in the state or portion of Indian
country at all or that there are no existing MSW landfills in the state
or portion of Indian country that must install collection and control
systems according to the requirements of the 2016 MSW Landfills EG.
States or Indian tribes that submit negative declarations are not
expected to submit state or tribal plans. Accordingly, because states
and Indian tribes with approved negative declarations do not have
approved state or tribal plans, existing MSW landfills with a design
capacity equal to or greater than 2.5 million megagrams (Mg) and 2.5
million cubic meters (m\3\) in the state or portion of Indian country
are considered to be subject to the MSW Landfills Federal Plan.
Existing MSW landfills with a design capacity less than 2.5 million Mg
or 2.5 million m\3\ that are located in states or portion of Indian
country that submitted a negative declaration are not required to
submit an initial design capacity report if the negative declaration
letter includes the design capacity for the landfills. Such MSW
landfills, however, continue to be subject to the requirements in the
definition of design capacity in 40 CFR 62.16730 to recalculate the
site-specific density annually and in 40 CFR 62.16724(b) to submit an
amended design capacity report in the event that the recalculated
design capacity is equal to or greater than 2.5 million Mg and 2.5
million m\3\, as clarified in 40 CFR 62.16711(c).
D. What is the status of state plan submittals?
Before proposal of this Federal plan on August 22, 2019, the EPA
had received 8 state plan submittals to implement the 2016 MSW
Landfills EG, which included submittals from the following: Arizona
(one plan covering Maricopa County, one covering Pinal County, and
another covering the remainder of the state excluding Pima county),
California, Delaware, New Mexico (one plan covering Albuquerque-
Bernalillo County and another covering the remainder of the state), and
West Virginia. The EPA has reviewed and fully approved six of these
state plans that were submitted. The EPA also partially approved and
partially disapproved the California state plan. See the memorandum,
Approved State Plans Implementing the 2016 MSW Landfills Emission
Guidelines, which is available in the docket for this action. The plan
from Maricopa County, Arizona, was withdrawn on July 3, 2019. The EPA
subsequently received and approved negative declarations from three
additional states (Maine, Rhode Island, and Vermont) and two local
authorities (Washington, DC and Philadelphia, Pennsylvania) as well as
three state plans (Oregon, South Dakota and Virginia). The EPA is not
aware of any tribes that have developed plans to implement the 2016 MSW
Landfills EG or submitted negative declarations. For all other
locations, the EPA is establishing this MSW Landfills Federal Plan to
implement the 2016 MSW Landfills EG in states and Indian country that
do not yet have an approved and effective state or tribal plan.
The California state plan was partially disapproved because it does
not fully meet certain provisions of the 2016 MSW Landfills EG. The
California state plan omitted certain operational, monitoring,
recordkeeping, and corrective action requirements related to
temperature and/or oxygen or nitrogen levels. Therefore, in accordance
with 40 CFR 60.27(c), the EPA is revising 40 CFR part 62, subpart F to
identify the provisions of the Federal plan corresponding to the
omitted requirements (40 CFR 60.34f(c), 60.36f(a)(5), 60.37f(a)(2) and
(3), 60.38f(k), and 60.39f(e)(2) and (5)) that existing MSW landfills
in California must implement in addition to the approved portion of the
California plan. That update is described in section V of this
preamble.
As of March 23, 2021, two more states (New York, Florida) have
submitted state plans for review. The MSW landfills covered by the
state plans submitted to date will not be subject to the MSW Landfills
Federal Plan once the state plan that includes those MSW landfills has
been approved and becomes effective. However, MSW landfills located in
those states would remain subject to the Federal plan (or portions of
the Federal plan) in the event that the state plan is subsequently
disapproved, in whole or in part. Table 2 of this preamble summarizes
the status of state plans and negative declarations as of February 5,
2021.
Table 2--Status of State Plans
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Status States
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I. EPA-Approved State Plans.. Arizona (one plan covering Pinal County
and another covering the state); 1
California (partial approval, partial
disapproval); Delaware; New Mexico (one
plan covering Albuquerque-Bernalillo
County and another covering the state);
Oregon; South Dakota; Virginia; and West
Virginia.
[[Page 27759]]
II. Negative Declarations Maine; Rhode Island; Vermont; Washington,
Approved by the EPA. DC; Philadelphia, Pennsylvania.
III. Final State Plans and Florida; New York.
Negative Declarations
Submitted to the EPA.
IV. EPA Has Not Received a Alabama; Alaska; Arkansas; Colorado;
Final State Plan or Negative Connecticut; Georgia; Hawaii; Idaho;
Declaration. Illinois; Indiana; Iowa; Kansas;
Kentucky; Louisiana; Maryland;
Massachusetts; Michigan; Minnesota;
Mississippi; Missouri; Montana;
Nebraska; Nevada; New Hampshire; New
Jersey; North Carolina; North Dakota;
Ohio; Oklahoma; Pennsylvania; Puerto
Rico; South Carolina; Tennessee; Texas;
Utah; Virgin Islands; Washington;
Wisconsin; Wyoming.
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1 The Arizona state plan does not cover Maricopa or Pima counties.
As the EPA Regional offices approve state plans subsequent to the
issuance of the Federal plan, they will also, in the same action, amend
the appropriate subpart of 40 CFR part 62 to codify their approvals.
MSW landfill owners or operators can also contact the EPA Regional
office for the state in which their MSW landfill is located to
determine whether there is an approved and effective state plan in
place. Table 3 of this preamble lists the addresses for the EPA
Regional offices and the states that they cover.
Table 3--EPA Regional Offices
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Region Address States and territories
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Region I............... 5 Post Office Square- Connecticut,
Suite 100, Boston, MA Massachusetts, Maine,
02109-3912. New Hampshire, Rhode
Island, Vermont.
Region II.............. 290 Broadway, New York, New York, New Jersey,
NY 10007-1866. Puerto Rico, Virgin
Islands.
Region III............. Air Protection Virginia, Delaware,
Division, Mail Code District of Columbia,
3AP00, 1650 Arch Maryland,
Street, Philadelphia, Pennsylvania, West
PA 19103-1129. Virginia.
Region IV.............. 61 Forsyth Street SW, Florida, Georgia,
Atlanta, GA 30303-3104. North Carolina,
Alabama, Kentucky,
Mississippi, South
Carolina, Tennessee.
Region V............... Mail Code A-17J, 77 Minnesota, Wisconsin,
West Jackson Blvd., Illinois, Indiana,
Chicago, Il 60604-3590. Michigan, Ohio.
Region VI.............. 1201 Elm Street, Suite Arkansas, Louisiana,
500, Dallas, TX 75270- New Mexico, Oklahoma,
2102. Texas.
Region VII............. Air and Waste Iowa, Kansas,
Management Division, Missouri, Nebraska.
11201 Renner
Boulevard, Lenexa,
Kansas 66219.
Region VIII............ Director, Air Program, Colorado, Montana,
Office of Partnerships North Dakota, South
and Regulatory Dakota, Utah,
Assistance, Mail Code Wyoming.
8P-AR, 1595 Wynkoop
Street, Denver, CO
80202-1129.
Region IX.............. 75 Hawthorne Street, Arizona, California,
San Francisco, CA Hawaii, Nevada,
94105. American Samoa, Guam,
Northern Mariana
Islands.
Region X............... 1200 6th Avenue, Suite Washington, Alaska,
155, Seattle, WA 98101. Idaho, Oregon.
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E. What are the elements of the MSW Landfills Federal Plan?
Section 111(d) of the CAA, as amended, 42 U.S.C. 7411(d), requires
states to develop and implement state plans for MSW landfills to
implement and enforce the promulgated EG. Accordingly, 40 CFR part 60,
subpart Cf requires states to submit state plans that include specified
elements. Because this Federal plan takes the place of state plans,
where state plans are not fully approved and effective, it includes the
same essential elements: (1) Identification of legal authority and
mechanisms for implementation; (2) inventory of designated facilities;
(3) inventory of emissions; (4) emission limits; (5) compliance
schedules; (6) process for the EPA or state review of site-specific
design plans for GCCS; (7) testing, monitoring, reporting, and
recordkeeping requirements; and (8) public hearing requirements. Each
element was discussed in detail as it relates to the Federal plan in
section IV of the preamble of the proposed rule (84 FR 43745, August
22, 2019).
III. What are the designated facilities?
A. What is a designated MSW landfill?
The designated facility for the MSW Landfills Federal Plan is each
MSW landfill that (1) commenced construction, reconstruction, or
modification prior to July 17, 2014, and has not been modified or
reconstructed since then, and (2) has accepted waste since November 8,
1987, or has capacity for future waste deposition, which also includes
MSW landfills that were subject to 40 CFR part 62, subpart GGG or 40
CFR part 60, subpart WWW.
If an existing MSW landfill subject to the Federal plan increases
its permitted volume design capacity through vertical or horizontal
expansion (i.e., is modified) on or after July 17, 2014, it would be
subject to the MSW Landfills NSPS (40 CFR part 60, subpart XXX) (see 81
FR 59332, August 29, 2016) and would no longer be subject to the
Federal plan. An existing MSW landfill that makes operational changes
without increasing the horizontal or vertical dimensions of the
landfill would continue to be subject to the Federal or approved state
plan that implements the 2016 MSW Landfills EG, rather than the NSPS.
B. How do I determine if my MSW landfill is covered by an approved and
effective state plan?
The status of approval and promulgation of CAA section 111(d) state
plans for designated sources in each state or territory is identified
in 40 CFR part 62. However, 40 CFR part 62 is only updated
periodically. Thus, if 40 CFR part 62 does not indicate that a state
has an approved and effective plan, please contact the appropriate EPA
Regional office (see Table 3 in section II.D of this preamble) to
determine if approval has occurred
[[Page 27760]]
since publication of the most recent version of 40 CFR part 62. Each
state plan becomes effective 30 days after the final EPA approval of
the state plan is published in the Federal Register.
This final action does not preclude states from submitting a state
plan later. If a state submits a plan after the promulgation date of
the MSW Landfills Federal Plan, the EPA will review and approve or
disapprove the state plan. If the EPA approves a plan, then the MSW
Landfills Federal Plan no longer applies to MSW landfills covered by
the state plan. If an MSW landfill is overlooked by a state that has an
approved negative declaration, or if an individual MSW landfill is not
covered by an approved and effective state plan, the MSW landfill will
remain subject to this Federal plan.
IV. Summary of Changes Since Proposal and Response to Comments
This section summarizes all changes made to the Federal plan since
proposal, in part, in response to public comments. The changes include
clarifications regarding initial reporting requirements and timing of
GCCS for landfills that have previously submitted a GCCS design plan
for other MSW landfill Federal regulations, clarifications on LFG
treatment system monitoring plan requirements, and the updated
inventory of designated facilities and their emissions. The EPA
received six comment letters on the proposed MSW Landfills Federal
Plan. Certain comments and responses are contained in this section that
are relevant to the EPA's clarification of requirements.\3\ For more
information, see the response to comments document, titled Summary of
Public Comments and EPA's Responses for the Proposed Federal Plan
Requirements for Municipal Solid Waste Landfills That Commenced
Construction On or Before July 17, 2014, and Have Not Been Modified or
Reconstructed Since July 17, 2014, which is available in the docket for
this action.
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\3\ Copies of all comments submitted are available at the EPA
Docket Center Public Reading Room and are also available
electronically through https://www.regulations.gov/ by searching
Docket ID No. EPA-HQ-OAR-2019-0338.
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A. Clarification of Requirements
1. Legacy Controlled Landfills
Comment: Two commenters requested that the EPA clarify the
compliance timelines and requirements for plan submittals to address
existing MSW landfills that have already installed a GCCS.
Specifically, one commenter requested that the EPA clarify which of the
initial plans and reports are required for existing landfills that
already submitted such initial reports under the subpart WWW NSPS. The
other commenter suggested that landfills that have already installed a
GCCS should not be subject to the second and third increments of
progress, since awarding contracts and initiating on-site construction
may have already occurred. The commenter said that such landfills would
still be subject to the requirement to fully comply with all aspects of
the Federal plan as of the 30-month deadline.
Response: The EPA agrees that additional clarification is needed
regarding several compliance obligations for landfills that are already
controlling emissions under previous Federal regulations. Although EPA
anticipated that additional landfills would require controls as a
result of the revised regulations at 40 CFR part 60, subpart Cf, EPA's
intent was that, if a landfill was already classified as a ``controlled
landfill,'' the 30-month period to install and operate a GCCS cannot be
reset or restarted. Therefore, the EPA is clarifying its intent in the
regulatory provisions for the timing of compliance with certain
requirements for landfills that were considered to be a controlled
landfill under 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart
GGG; or a state plan implementing 40 CFR part 60, subpart Cc, as
discussed in the remainder of this response.
The NSPS at 40 CFR part 60, subpart WWW, identified and defined the
term ``controlled landfill'' as one that had triggered the nonmethane
organic compounds (NMOC) threshold of 50 Mg per year or more and
submitted its collection and control system design plan. The provisions
of 40 CFR part 60, subpart WWW, require the design plan to be submitted
within 1 year of the first NMOC annual emission rate report that is
equal to or greater than 50 Mg per year NMOC. The EG at 40 CFR part 60,
subpart Cc, and the Federal plan at 40 CFR part 62, subpart GGG, do not
define the term ``controlled landfill'' directly but note that the
definition of terms used but not defined in those subparts has the
meaning given them in the CAA and in 40 CFR part 60, subparts A, B, and
WWW. These rules provide the same timing allowance of 1 year after the
NMOC report showing emissions of 50 Mg NMOC per year or more to submit
the collection and control system design plan. These landfills have
already met requirements under existing 40 CFR part 60 or part 62
regulations, and the EPA emphasizes that there is no need to duplicate
those efforts when complying with the Federal plan being finalized in
this action. The EPA has added a definition of the term ``legacy
controlled landfill'' to 40 CFR 62.16730 to clarify requirements and
compliance times for these landfills.
Legacy controlled landfills have previously satisfied the
requirement to submit their initial design capacity report, initial or
annual NMOC emission rate reports, and collection and control system
design plan. These reports were previously submitted under 40 CFR part
60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan
implementing 40 CFR part 60, subpart Cc. The EPA has clarified that it
is not requiring these sources to resubmit any of these reports under
40 CFR 62.16711(h).
Additionally, because annual NMOC reports have been previously
submitted under 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart
GGG; or a state plan implementing 40 CFR part 60, subpart Cc, some of
the legacy controlled landfills have already passed the 30-month period
after the first NMOC report that showed emissions of 50 Mg NMOC per
year or more. Other legacy controlled landfills may not reach the end
of the 30-month period until after this Federal plan becomes effective.
The EPA has revised some of the increments of progress at 40 CFR
62.16712 to account for landfills that have already achieved some or
all of the increments of progress. The EPA has also revised 40 CFR
62.16711(h), 62.16714(b)(2), 62.16724, and Table 1 of 40 CFR part 62,
subpart OOO to more clearly define the requirements for these legacy
controlled landfills.
In this action, the EPA is also clarifying that legacy controlled
landfills will continue to install and expand their GCCS under the
Federal plan at the same schedule required by the previous landfill
rules. That is, the owner or operator must expand the GCCS every 5
years if in active areas, or every 2 years if the area is closed or at
final grade. Similar to our intent that the 30-month period not be
stopped or restarted with the promulgation of this Federal plan, the
timeframe for GCCS expansions will continue without break as a landfill
transitions from one of the previous regulations into this Federal
plan.
Legacy controlled landfills have until the effective date of this
regulation June 21, 2021 to demonstrate compliance with the GCCS
operational standards and the monitoring, reporting, and recordkeeping
requirements outlined in the Federal plan. The MSW Landfills Federal
Plan implements the 2016 MSW Landfills EG, which included some
[[Page 27761]]
changes to the GCCS operational standards, and associated monitoring,
recordkeeping, and reporting requirements from the original NSPS and EG
regulations. The MSW Landfills EG was published in August 2016, over 3
years prior to the publication of the proposed Federal plan.
Additionally, many of these requirements have provided additional
operational flexibility to landfills, such as the removal of the
oxygen/nitrogen operational standard at wellheads, the option to meet
some of the GCCS removal criteria by demonstrating that the control
system cannot operate for 15 years, new optional Tier 4 surface-
emissions-based provisions, and the ability to use actual gas flow data
instead of modeled emissions for excluding non-productive areas of the
landfill from control. Prior to compliance with the new requirements,
owners or operators of legacy controlled landfills must continue to
operate the GCCS and monitor, report, and keep records in accordance
with the requirements in 40 CFR part 60, subpart WWW; 40 CFR part 62,
subpart GGG; or a state plan implementing 40 CFR part 60, subpart Cc,
depending on which regulation applies to the landfill before this
Federal plan becomes effective.
The EPA also acknowledges that some of the legacy controlled
landfills have already conducted initial performance tests or submitted
initial annual reports under the previous regulations. The EPA is
exempting legacy controlled landfills from the requirement to redo any
initial performance tests that were previously submitted under 40 CFR
part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan
implementing 40 CFR part 60, subpart Cc. However, if legacy controlled
landfills add additional flares or any other additional control
equipment after this Federal plan becomes effective, those test results
must be submitted to EPA's Central Data Exchange (CDX) and included in
future annual reports. Similarly, the EPA is clarifying the timing of
the initial annual report for legacy controlled landfills that have
already submitted an initial report under previous landfill
regulations. The EPA is clarifying in 40 CFR 62.16724(h) that legacy
controlled landfills continue the annual frequency for reporting by
allowing submittal 1 year after the report was submitted under the
previous regulations. The contents of the annual reports submitted
after this Federal plan becomes effective must reflect the requirements
listed in 40 CFR 62.16724(h). For example, if a landfill submitted its
last annual report under 40 CFR part 60, subpart WWW, in January 2021,
the annual report under 40 CFR part 62, subpart OOO, will be due in
January 2022 (1 year after the latest report) and submitted to CDX.
The EPA also acknowledges some clarifications are necessary
regarding the timing of treatment system monitoring plans for legacy
controlled landfills that were treating LFG for subsequent sale or
beneficial reuse before the effective date of the Federal plan. In the
2016 MSW Landfills EG, the EPA finalized a new requirement to prepare a
treatment system monitoring plan (40 CFR 60.39f(b)(5)). This plan was
required to be submitted as part of the landfill's title V application
and the plan would be reviewed as part of the general permitting
process. Because legacy controlled landfills may not have already
submitted this plan under the 5-year title V renewal timeline, we have
clarified in 40 CFR 62.16724(d)(7) that legacy controlled landfills
have up to May 23, 2022, to develop or update this plan. See EPA's
Response to Comments document for the 2016 MSW Landfills EG (Docket ID
Item No. EPA-HQ-OAR-2014-0451-0229, section 11.7). Landfills that are
treating LFG are anticipated to already have documentation in place for
LFG treatment specifications that are related to contractual agreements
or operational procedures. Therefore, the EPA has determined that 1
year is sufficient time to complete this requirement under the Federal
plan.
2. Closed Landfills and the Closed Landfill Subcategory
The EPA is clarifying the compliance obligation requirements for
closed landfills, although these clarifications did not lead to a
change in the regulatory text. The 2016 MSW Landfills EG established a
closed landfill subcategory for landfills that closed on or before
September 27, 2017. For landfills that meet the criteria of the closed
landfill subcategory, the EPA is finalizing, as proposed, the exemption
from submitting an initial or most recent NMOC emission rate report
provided that the report showed emissions below 50 Mg per year, which
is the emission threshold for this subcategory (see 40 CFR
62.16711(g)(2)). However, for landfills that have closed since
September 28, 2017, the EPA is requiring an initial NMOC emission rate
report in order to assess whether the landfill exceeds the lower
threshold of 34 Mg per year and must install a GCCS (see 40 CFR
62.16714(e)). Because the emission rate threshold has been reduced,
this initial report is necessary in order to establish the timeline and
applicability for control requirements. After the initial NMOC report,
subsequent annual reports are not required for closed landfills, as
stated in 40 CFR 62.16714(e)(1)(ii). Similarly, landfills that had
already installed a GCCS under 40 CFR part 60, subpart WWW; 40 CFR part
62, subpart GGG; or a state plan implementing 40 CFR part 60, subpart
Cc and have closed since September 28, 2017, do not need to submit an
initial NMOC report and are not required to submit subsequent annual
reports (see 40 CFR 62.16714(e)(1)(ii)).
3. Other Technical Corrections and Clarifications
The EPA is making several technical corrections in this final
action that were identified during the public comment process in order
to improve the clarity of the rule. Two commenters noted that a typo
appeared in 40 CFR 62.16711(a)(1), where ``July 14, 2014'' appeared
instead of the correct date, ``July 17, 2014.'' The EPA has corrected
this typographical error in the final regulation. One commenter pointed
out that 40 CFR 62.16712(a) instructed readers to refer to 40 CFR
62.16730 for a definition of each increment of progress, however, the
section did not contain these definitions. The EPA agrees with this
missing reference and has added definitions to 40 CFR 62.16730 for nine
terms: ``Achieve final compliance,'' ``Award contract,'' ``Complete on-
site construction,'' ``EPA approved state plan,'' ``Final control plan
(Collection and control system design plan),'' ``Indian Country,''
``Initiate on-site construction,'' ``Negative declaration letter,'' and
``Tribal plan.'' These definitions are consistent with the terms as
defined in 40 CFR part 62, subpart GGG, and include modifications
specific to the requirements of this MSW Landfills Federal Plan. The
same commenter further noted that 40 CFR 62.16712(c) referred to Table
2 in subpart OOO for site-specific compliance schedules, though there
is no Table 2 included in subpart OOO. The EPA has not received any
requests for site-specific compliance schedules, and we are therefore
not including a Table 2 in the final rule. As such, the EPA has removed
any reference to Table 2 from the regulatory text. Additionally, the
EPA has corrected the citations in the regulatory text to refer to 40
CFR 62.16710-62.16730 instead of 40 CFR 62.710-62.730.
[[Page 27762]]
B. Inventory of Designated MSW Landfills
The docket for this action includes an inventory of the MSW
landfills that are covered by this MSW Landfills Federal Plan in the
absence of approved state or tribal plans. The inventory of designated
facilities and their corresponding emissions are elements of a Federal
plan, as discussed in section II.E of this preamble. At proposal, the
EPA developed an initial inventory of landfills and emissions by
identifying existing landfills that were expected to be covered by the
proposed Federal plan (Docket ID Item No. EPA-HQ-OAR-2019-0338-0006)
and requested that states or owners or operators identify additional
sources for inclusion on the list. During the comment period, the EPA
received one comment that provided edits to the source inventory for
MSW landfills in Oklahoma. The commenter provided updated information
about three landfills in the draft source inventory and provided a list
of 11 landfills that accepted waste after November 8, 1987, that were
missing from the draft inventory. A complete list of the additional
landfills can be found in the comment letter (Docket ID Item No. EPA-
HQ-OAR-2019-0338-0012). In addition to adjusting the inventory based on
public comments, the EPA reviewed and approved several state plans
since proposal, as listed in section II.D of this preamble. Therefore,
the EPA has also adjusted the inventory to remove any landfills for
which EPA has signed an approval (full or partial) for the state plan,
regardless of whether or not it has been published in the Federal
Register and become effective. Since the approvals were submitted to
the Federal Register before this rule, it is expected that the
previously-approved state plans will be effective before the effective
date of the MSW Landfills Federal Plan.
As of February 2021, there are an estimated 1,590 landfills covered
by this final Federal plan. These landfills exist in 42 states and the
U.S. territories of Puerto Rico and the Virgin Islands. Additionally,
one tribal entity, the Salt River Pima Maricopa Indian Community, is
covered by this final Federal plan. For a discussion of the sources,
their locations, and information used to develop the source list, see
the memorandum, Developing a Federal Plan Source and Emission
Inventory-Final Rule, February 2021, which is available in the docket
for this action. In addition to this list, any MSW landfill that meets
the applicability criteria in this action is subject to the Federal
plan, regardless of whether it is listed in the final inventory
included in Developing a Federal Plan Source and Emission Inventory-
Final Rule, February 2021.
C. Inventory of Emissions
As a required element of this Federal plan, the docket contains an
inventory of emissions from the MSW landfills that are covered by this
final Federal plan. The EPA estimated the emissions from the inventory
of existing MSW landfills that are expected to be covered by the
Federal plan as of February 5, 2021. Pollutant emissions are expressed
in Mg NMOC per year in calendar year 2021. Table 4 of this preamble
summarizes the results of the inventory.
These estimates are based solely on the modeled emissions remaining
after considering controls required by 40 CFR part 60, subparts WWW and
Cc, and do not include any additional emissions reductions from
voluntary actions, such as early installation of the GCCS. See the
memorandum, Developing a Federal Plan Source and Emission Inventory-
Final Rule, February 2021, which is available in the docket for this
action, for the complete emissions inventory, including detailed
emissions from MSW landfills in each state, and details on the
calculations used to determine those emissions.
Table 4--Summary of Estimated NMOC Emissions From Existing MSW Landfills
Expected To Be Covered by the Federal Plan
------------------------------------------------------------------------
2021 NMOC
Region/state emissions (Mg
per year)
------------------------------------------------------------------------
Region 1:
Connecticut......................................... 13
Massachusetts....................................... 391
New Hampshire....................................... 74
Region 2:
New Jersey.......................................... 318
New York............................................ 833
Puerto Rico......................................... 268
Virgin Islands...................................... 13
Region 3:
Maryland............................................ 412
Pennsylvania........................................ 1,391
Region 4:
Alabama............................................. 424
Florida............................................. 1,121
Georgia............................................. 1,082
Kentucky............................................ 519
Mississippi......................................... 205
North Carolina...................................... 934
South Carolina...................................... 440
Tennessee........................................... 816
Region 5:
Illinois............................................ 1,301
Indiana............................................. 767
Michigan............................................ 1,164
Minnesota........................................... 258
Ohio................................................ 1,189
Wisconsin........................................... 513
Region 6:
Arkansas............................................ 319
Louisiana........................................... 587
Oklahoma............................................ 318
Texas............................................... 2,030
Region 7:
Iowa................................................ 358
Kansas.............................................. 330
Missouri............................................ 427
Nebraska............................................ 279
Region 8:
Colorado............................................ 772
Montana............................................. 93
North Dakota........................................ 50
Utah................................................ 298
Wyoming............................................. 48
Region 9:
Arizona *........................................... 377
Hawaii.............................................. 112
Nevada.............................................. 75
Region 10:
Alaska.............................................. 91
Idaho............................................... 113
Washington.......................................... 388
------------------------------------------------------------------------
* Arizona includes estimates for 18 landfills in Maricopa and Pima
counties only.
V. Summary of Final MSW Landfills Federal Plan Requirements
A. What are the final applicability requirements?
The Federal plan applicability criteria (40 CFR 62.16711) reflect
those established by the 2016 MSW Landfills EG (40 CFR 60.31f). The
designated facility for this MSW Landfills Federal Plan is described in
section III.A of this preamble and this action establishes an MSW
Landfills Federal Plan to implement the 2016 MSW Landfills EG for
designated facilities located in states and tribal countries without an
approved state plan.
The EPA partially approved and partially disapproved the California
state plan because the plan omitted certain required provisions. Thus,
for MSW landfills that are affected by the California state plan, the
EPA is updating 40 CFR part 62, subpart F (40 CFR 62.1115(b)(2)) to
identify the provisions of the Federal plan corresponding to the
omitted requirements that existing MSW landfills in California must
implement in addition to the approved portion of the California plan:
40 CFR 62.16716(c) wellhead operational standards (corresponding to 40
CFR 60.34f(c)), 62.16720(a)(5) wellhead monitoring (corresponding to 40
CFR 60.36f(a)(5)),
[[Page 27763]]
62.16722(a)(2) and (3) wellhead monitoring (corresponding to 40 CFR
60.37f(a)(2) and (3)), 62.16724(k) corrective action (corresponding to
40 CFR 60.38f(k)), and 62.16726(e)(2) and (5) recordkeeping
(corresponding to 40 CFR 60.39f(e)(2) and (5)).
B. What are the final compliance schedules?
Unless the landfill is a legacy controlled landfill, owners or
operators of MSW landfills subject to the MSW Landfills Federal Plan
are required to submit a design capacity report within 90 days after
the effective date of the Federal plan (40 CFR 62.16724(a)). If the
design capacity report indicates a capacity equal to or greater than
2.5 million Mg and 2.5 million m\3\ of solid waste a landfill can
accept, an annual NMOC emission rate report must also be submitted
within 90 days after the effective date of the Federal plan and then
every 12 months until the landfill installs a GCCS (40 CFR
62.16724(c)). As discussed in section IV.A of this preamble, legacy
controlled landfills have satisfied the requirement to submit their
initial design capacity report and NMOC emission rate report with their
initial reports previously submitted under 40 CFR part 60, subpart WWW;
40 CFR part 62, subpart GGG; or a state plan implementing 40 CFR part
60, subpart Cc.
If the first NMOC emission rate report submitted under the MSW
Landfills Federal Plan shows emissions less than 34 Mg per year NMOC
(50 Mg per year for the closed landfill subcategory), then the owner or
operator must recalculate NMOC emissions annually and submit annual
NMOC emission rate reports unless the MSW landfill is closed. (See 40
CFR 62.16724(c)(3) for conditions under which 5-year reports rather
than annual reports may be submitted.)
If an emission rate report shows that NMOC emissions equal or
exceed 34 Mg per year, the owner or operator must begin following
enforceable increments of progress to install and operate a GCCS within
30 months after the date the first annual NMOC Emission Rate Report
shows NMOC reaching or exceeding 34 Mg per year NMOC (40 CFR 62.16712).
Therefore, the generic schedule for the increments of progress starts
with the date of the first annual emission rate report that shows NMOC
emissions equal or exceed 34 Mg per year (40 CFR 62.16712(c)).
Alternatively, a landfill may follow Tier 4 as discussed later in this
section (40 CFR 62.16718(a)(6)). Legacy controlled landfills have 30
months from when they submitted an NMOC emission rate report that
showed emissions of 50 Mg per year or greater under 40 CFR part 60,
subpart WWW; 40 CFR part 62, subpart GGG; or a state plan implementing
40 CFR part 60, subpart Cc to demonstrate compliance with the
increments of progress to install a GCCS. All designated facilities
with a design capacity equal to or greater than 2.5 million Mg and 2.5
million m\3\ are required to submit subsequent NMOC emission rate
reports until the collection and control system begins operating in
accordance with 40 CFR 62.16716.
Increments of progress are required only for requirements with
compliance deadlines exceeding 1 year. Therefore, the 30-month
compliance timeline only applies to installations of GCCS for those
sources newly subject to these requirements because of the revision to
the NMOC emissions threshold. Otherwise, all designated facilities must
comply with all applicable standards and monitoring, recordkeeping, and
reporting requirements as of the effective date of this rule June 21,
2021. For example, landfills must monitor all cover penetrations and
keep records of locational data (longitude and latitude coordinates) of
each monitored exceedance during quarterly surface emissions monitoring
(SEM) as of the effective date of this rule. Additionally, certain
reports are required to be submitted electronically after the effective
date of this rule.
This MSW Landfills Federal Plan includes the five increments of
progress required by 40 CFR 60.24(e)(1) and provides flexibility to
establish the increment dates (40 CFR 62.16712). The MSW Landfills
Federal Plan contains a generic compliance schedule (Table 1 to 40 CFR
part 62, subpart OOO) that applies to designated MSW landfills unless
the EPA approves an alternative schedule according to the criteria in
40 CFR 60.27(e)(2). Legacy controlled landfills have already satisfied,
at a minimum, the first increment of progress under their previous
rule. Depending on where the landfill is in the construction and
operation phase of its GCCS, they may have already satisfied all five
increments of progress. If a landfill has not yet reached increment 5
(achieve final compliance), it must demonstrate compliance with any
remaining increments of progress on this schedule. However, the
landfill must use the date of its first NMOC emission rate report
submitted under 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart
GGG; or a state plan implementing 40 CFR part 60, subpart Cc showing
NMOC emissions at or above 50 Mg to calculate deadlines for remaining
increments not yet met. The landfill may not resubmit a new emission
rate report to restart the timeline for meeting each increment of
progress.
The five mandatory increments of progress are as follows:
1. Submit final control plan (design plan)--12 months after the
first annual emission rate report showing NMOC emissions >=34 Mg per
year (>=50 Mg per year for the closed landfill subcategory).
2. Award contracts for control systems or orders for purchase of
components--20 months after the first annual emission rate report
showing NMOC emissions >=34 Mg per year (>=50 Mg per year for the
closed landfill subcategory).
3. Begin on-site construction or installation of the GCCS--24
months after the first annual emission rate report showing NMOC
emissions >=34 Mg per year (>=50 Mg per year for the closed landfill
subcategory).
4. Complete on-site construction or installation of the GCCS--30
months after the first annual emission rate report showing NMOC
emissions >=34 Mg per year (>=50 Mg per year for the closed landfill
subcategory).
5. Achieve final compliance--30 months after the first annual
emission rate report showing NMOC emissions >=34 Mg per year (>=50 Mg
per year for the closed landfill subcategory). Note that the initial
performance test to demonstrate compliance must be conducted within 180
days after the date the landfill is required to achieve final
compliance. For a legacy controlled landfill, the initial or most
recent performance test conducted to comply with 40 CFR part 60,
subpart WWW; 40 CFR part 62, subpart GGG; or a state plan implementing
40 CFR part 60, subpart Cc, is sufficient for compliance with this
part. The test report does not have to be resubmitted.
The compliance deadline for the first, fourth, and fifth increments
is established in the 2016 MSW Landfill EG. The EPA selected the
deadlines for the second and third increments to match the lengths of
time for these increments that was included in the previous Federal
plan for MSW landfills and to allow a reasonable period of time for MSW
landfills to: Complete these activities, have the regulatory agency
review and approve the design plan, solicit bids, and award contracts
within the overall implementation schedule. According to 40 CFR
60.27(e)(1), Federal plan compliance times may be no less stringent
than those established in the EG. The EPA will accept facility-specific
compliance schedules from MSW landfill owners or operators, as allowed
under 40 CFR 60.27(e)(2). However, owners or operators using alternate
dates for increments 2 and 3
[[Page 27764]]
must continue to meet the required dates for increments 1, 4, and 5.
Owners or operators employing Tier 4 would follow the generic
compliance schedule for Tier 4 landfills in Table 1 to 40 CFR part 62,
subpart OOO. Increment 1 is triggered by the first measured
concentration of methane of 500 parts per million (ppm) or greater,
rather than the initial NMOC emission rate report showing NMOC
emissions 34 Mg per year or greater. Landfills employing Tier 4 would
continue to submit an annual NMOC emission rate report (40 CFR
62.16724(c)). Timing of increments 2 through 5 for Tier 4 landfills are
based on the most recent NMOC emission rate report showing NMOC
emissions rate of 34 Mg per year or greater.
C. What are the final emissions limits and operating limits?
The EPA requires that an MSW landfill subject to the Federal plan
must install and operate a GCCS that meets specified emissions and
operating limits (40 CFR 62.16714 and 40 CFR 62.16716), if the NMOC
emissions rate is 34 Mg per year or more (50 Mg per year or more for
the closed landfill subcategory). The standards require owners or
operators to operate the GCCS at a negative pressure at each wellhead
(except during certain specified conditions), operate the interior
wellhead at a temperature less than 55 degrees Celsius (131 degrees
Fahrenheit), and operate the collection system so that the methane
concentration is less than 500 ppm above background at the surface of
the landfill (40 CFR 62.16716(b)--(d)). The owner or operator of a
landfill must control the collected gas by routing it to either: (1) A
non-enclosed flare designed and operated according to the requirements
of 40 CFR 60.18, (2) an enclosed control device achieving 98-percent
NMOC reduction or an outlet concentration of 20 ppm NMOC by volume or
less, or (3) a gas treatment system that processes the collected gas
for subsequent sale or beneficial use (40 CFR 62.16714(c)).
The requirements of the Federal plan are the same as the
requirements of the 2016 MSW Landfills EG. Consistent with a Federal
Register document on March 16, 2020 (85 FR 17244), this Federal plan
applies the ``opt-in'' provisions that allow MSW landfills affected by
the NSPS and EG to demonstrate compliance with the major compliance
provisions of the National Emission Standards for Hazardous Air
Pollutants: Municipal Solid Waste Landfills (MSW Landfills NESHAP) in
lieu of complying with the analogous provisions in the NSPS and EG. The
opt-in provisions allow landfills to follow one set of operational,
compliance, monitoring, and reporting provisions for pressure and
temperature. The opt-in provisions appear in this Federal plan at 40
CFR 62.16716, 62.16720, and 62.16722, as well as corresponding
recordkeeping and reporting provisions in 40 CFR 62.16724 and 62.17726.
This Federal plan also applies a technical correction made to the
compliance provisions section of the MSW Landfills EG (85 FR 17244,
March 16, 2020). The technical correction appears in this Federal plan
at 40 CFR 62.16720(a)(3)(ii). The technical correction accounts for
elevated temperature measurement as a parameter for which the root
cause analysis is required and for which the owner or operator must
follow the corrective action schedule.
D. What are the final performance testing and monitoring requirements?
1. NMOC Emissions Rate
The EPA requires that, to determine if a GCCS is required, the
owner or operator must determine NMOC emissions using one or both of
the two emission rate equations in the rule and one of four optional
methods to determine the model inputs (referred to as tier methods in
the rule) (40 CFR 62.16718(a)). Tier 1 uses default assumptions for
methane generation rate and NMOC concentration in the emissions model
(40 CFR 62.16718(a)(2)). Tier 2 requires testing to determine a site-
specific NMOC concentration. Tier 3 requires testing to determine a
site-specific NMOC concentration and methane generation rate (40 CFR
62.16718(a)(4)). Any MSW landfill that exceeds the NMOC emissions
threshold using Tier 2 or 3 would install a GCCS unless the owner or
operator chooses to use Tier 4 (40 CFR 62.16718(a)(6)).
Tier 4 is based on SEM to demonstrate that surface emissions are
low (40 CFR 62.16718(a)(6)). An owner or operator can use Tier 4 only
if the MSW landfill owner or operator can demonstrate that NMOC
emissions are greater than or equal to 34 Mg per year but less than 50
Mg per year using Tier 1 or Tier 2. An MSW landfill employing Tier 4
that can demonstrate that surface emissions are below 500 ppm for four
consecutive quarters would not trigger the requirement to install a
GCCS even if Tier 1, 2, or 3 calculations indicate that the 34 Mg per
year threshold has been exceeded. However, once SEM demonstrates
emissions exceeding 500 ppm (40 CFR 62.16718(a)(6)(v)), the MSW
landfill would be required to install a GCCS according to the schedule
in section V.B of this preamble and Table 1 to 40 CFR part 62, subpart
OOO.
2. Gas Collection System Monitoring
The EPA requires that the LFG collection system must be equipped
with a sampling or access port and the owner or operator must
periodically monitor gauge pressure in the gas collection header,
monitor nitrogen or oxygen content in the LFG, and monitor temperature
of the LFG (40 CFR 62.16722(a)).
3. Flare Monitoring
The EPA requires that, if a flare is used, the owner or operator
must monitor the flare using a heat sensing device that indicates
presence of a flame and a device that records flow to the flare and any
bypass lines (40 CFR 62.16722(c)).
4. Control Device Testing and Monitoring
The EPA requires that, if an enclosed control device is used, the
owner or operator must conduct an initial performance test (40 CFR
62.16714(c)). The owner or operator must then operate the device as
required by the manufacturer's specifications, install a temperature
monitoring device, and install a device that records flow to the
control device and any bypass lines (40 CFR 62.16722(b)). A temperature
monitoring device is not required for boilers or process heaters with a
design heat capacity of 44 megawatts or greater (40 CFR
62.16722(b)(1)).
E. What are the final recordkeeping and reporting requirements?
The EPA requires that owners or operators must retain records of
all required monitor readings (40 CFR 62.16726). Owners or operators
must submit certain required performance test reports, NMOC emission
rate reports, and annual reports documenting compliance and any
deviations from the operating standards in the Federal plan (40 CFR
62.16724). As noted in section V.C of this preamble, the Federal plan
adds the opt-in provisions consistent with the MSW Landfills EG.
Corresponding recordkeeping and reporting provisions appear in 40 CFR
62.16724(h), (k), and (q) and 62.16726(e). Also as noted in section V.C
of this preamble, the Federal plan applies a technical correction to
the compliance provisions and the corresponding reporting requirement
in the reporting section. Those reporting corrections appear in this
Federal plan
[[Page 27765]]
at 40 CFR 62.16724(h)(7) and ensure that the owner or operator conducts
a corrective action analysis, develops an implementation schedule, and
reports corrective action(s) to address not only positive pressure, but
also elevated temperature.
All required reports must be submitted through the EPA's CDX using
the Compliance and Emissions Data Reporting Interface (CEDRI) (40 CFR
62.16724(j)). Owners or operators are allowed to maintain electronic
copies of the records in lieu of hardcopies to satisfy Federal
recordkeeping requirements.
The requirement to submit performance test data electronically to
the EPA would apply only to those performance tests conducted using
test methods that are supported by the Electronic Reporting Tool (ERT).
A listing of the pollutants and test methods supported by the ERT is
available at: https://www3.epa.gov/ttn/chief/ert/ert_info.html. When
the EPA adds new methods to the ERT, a notice will be sent out through
the Clearinghouse for Inventories and Emissions Factors (CHIEF)
Listserv (https://www.epa.gov/airemissions-inventories/emissionsinventory-listservs) and a notice of availability will be
added to the ERT website. The EPA encourages landfill owners or
operators to check the ERT website regularly for up-to-date information
on methods supported by the ERT.
VI. Implementation of the Federal Plan and Delegation
A. Background of Authority
Under CAA section 111(d) and the EPA's regulations implementing
that section, the EPA adopts EG that are applicable to existing MSW
landfills. These EG are implemented when the EPA approves a state or
tribal plan or adopts a Federal plan that implements and enforces the
EG. As discussed in section III of this preamble, this final action
regulates existing MSW landfills in states or Indian country that do
not have fully approved plans in effect to implement the EG.
Congress has determined that the primary responsibility for air
pollution prevention and control rests with state, tribal, and local
agencies. See CAA section 101(a)(3). Consistent with that overall
determination, Congress established CAA section 111(d) with the intent
that state, tribal, and local agencies take the primary responsibility
for ensuring, with regard to existing sources, that the standards of
performance and other requirements contemplated by that section, and
implemented by the EPA through its general regulations implementing
that section and its particular EGs, are achieved. Also, in CAA section
111(d) Congress explicitly required that the EPA establish procedures
that are like those under CAA section 110(c) for state implementation
plans. Although Congress required the EPA to propose and promulgate a
Federal plan for states and tribes that fail to submit approvable plans
on time, states and tribes may submit plans after promulgation of this
Federal plan. The EPA strongly encourages states and tribes that are
unable to submit approvable plans to request delegation of the Federal
plan so that they can have primary responsibility for implementing the
2016 MSW Landfills EG, consistent with the intent of Congress.
The preferred outcome under the statute and the regulations results
when the state, tribal, and local agencies implement an EPA-approved
state or tribal plan because state, tribal, and local agencies not only
have the responsibility to implement the 2016 MSW Landfills EG, but
also have the practical knowledge and enforcement resources critical to
achieving the highest rate of compliance. In cases where states are
unable to develop and submit approvable state or tribal plans, it is
still preferable for the state, tribal, and local agencies to be the
implementing agency. For these reasons, the EPA will do all that it can
to expedite delegation of the Federal plan to state, tribal, and local
agencies, whenever possible, in cases where states or tribes are unable
to develop and submit approvable state or tribal plans. The EPA will
also continue to review and approve state or tribal plans after
promulgation of this Federal plan.
B. Mechanisms for Transferring Authority
There are two mechanisms for transferring implementation authority
to state, tribal, and local agencies: (1) The EPA approves of a state
plan after the Federal plan is in effect; and (2) if a state does not
submit or obtain approval of its own plan, the EPA provides delegation
to a state or tribe with the authority to implement certain portions of
this Federal plan to the extent appropriate and if allowed by state
law. Both options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State Plan
After MSW landfills in a state become subject to the Federal plan,
the state or tribal agency may still adopt and submit a state or tribal
plan to the EPA. If the EPA determines that the plan is as protective
as the 2016 MSW Landfills EG, the EPA will approve the state or tribal
plan. If the EPA determines that the plan is not as protective as the
2016 MSW Landfills EG, the EPA will approve the portions of the plan
that are consistent with the 2016 MSW Landfills EG. If a state or
tribal plan is approved in part, portions of the Federal plan will
apply to the designated MSW landfills in lieu of the disapproved
portions of the state or tribal plan until the state or tribe addresses
the deficiencies in the plan and the revised plan is approved by the
EPA. Prior to any disapproval, the EPA will work with states and tribes
in an attempt to reconcile areas of the plan that remain inconsistent
with the EG.
Upon the effective date of a state or tribal plan, the Federal plan
will no longer apply to MSW landfills covered by such a plan and the
state or tribe would implement and enforce the state plan in lieu of
the Federal plan. When an EPA Regional office approves a state or
tribal plan, it will amend the appropriate subpart of 40 CFR part 62 to
indicate such approval.
2. State or Tribe Taking Delegation of the Federal Plan
The EPA, in its discretion, may delegate to states or tribes the
authority to implement this Federal plan. As discussed above, the EPA
has concluded that it is advantageous and the best use of resources for
states or tribes to agree to undertake, on the EPA's behalf,
administrative and substantive roles in implementing the Federal plan
to the extent appropriate and where authorized by Federal, state, or
tribal law. If a state or tribe requests delegation, the EPA will
generally delegate the entire Federal plan to the state or tribe. These
functions include administration and oversight of compliance,
reporting, and recordkeeping requirements, MSW landfill inspections,
and preparation of draft notices of violation, but will not include any
authorities retained by the EPA. The EPA and agencies that have taken
delegation will have responsibility for bringing enforcement actions
against sources violating Federal plan provisions.
C. Implementing Authority
The EPA Regional Administrators have been delegated the authority
for implementing the MSW Landfills Federal Plan. All reports required
by the Federal plan should be submitted to the appropriate Regional
Administrator. Table 3 of this preamble lists the
[[Page 27766]]
addresses for the EPA Regional offices and the states they cover.
D. Delegation of the Federal Plan and Retained Authorities
If a state or tribe intends to take delegation of the Federal plan,
the state or tribe must submit a written request for delegation of
authority to the appropriate EPA Regional office (see Table 3). The
state or tribe must explain how it meets the criteria for delegation.
See, Good Practices Manual for Delegation of NSPS and NESHAP (U.S. EPA,
February 1983), which is available in the docket for this action. The
letter requesting delegation of authority to implement the Federal plan
must: (1) Demonstrate that the state or tribe has adequate resources,
as well as the legal authority, to administer and enforce the program;
(2) include an inventory of designated MSW landfills, which includes
those that have ceased operation, but have not been dismantled or
rendered inoperable, and an inventory of the designated units' air
emissions; (3) certify that a public hearing was held on the state or
tribal delegation request; and (4) include a memorandum of agreement
between the state or tribe and the EPA that sets forth the terms and
conditions of the delegation, the effective date of the agreement, and
the mechanism to transfer authority. Upon signature of the agreement,
the appropriate EPA Regional office will publish an approval document
in the Federal Register, thereby incorporating the delegation of
authority into the appropriate subpart of 40 CFR part 62.
If authority is not delegated to a state or tribe, the EPA will
implement the Federal plan. Also, if a state or tribe fails to properly
implement a delegated portion of the Federal plan, the EPA will assume
direct implementation and enforcement of that portion. The EPA will
continue to hold enforcement authority along with the state or tribe
even when the Agency has received delegation of the Federal plan. In
all cases where the Federal plan is delegated, the EPA will retain and
will not transfer authority to a state or tribe to approve the
following items promulgated in 40 CFR 62.16710(b)): (1) Approval of
alternative methods to determine the site-specific NMOC concentration
or a site-specific methane generation rate constant (k); (2)
alternative emission standards; (3) major alternatives to test methods
and monitoring; and (4) waivers of recordkeeping. Major alternatives to
test methods or to monitoring are modifications made to a federally
enforceable test method or to a Federal monitoring requirement. These
changes would involve the use of unproven technology or procedures or
an entirely new method, which is sometimes necessary when the required
test method or monitoring requirement is unsuitable.
Any MSW landfill owner or operator who wishes to petition the EPA
for an alternative requirement to those in 40 CFR 62.16710(b) should
submit a request to the appropriate Regional Administrator with a copy
sent to the appropriate state.
VII. Title V Operating Permits
A. Title V Requirements for Existing MSW Landfills
Existing MSW landfills with design capacities less than 2.5 million
Mg or 2.5 million m\3\ are not required to have a title V operating
permit, unless they are a major source or are subject to title V (part
70 or part 71) for some other reason (e.g., subject to a CAA section
112 national emission standards for hazardous air pollutants or to
another CAA section 111 NSPS). All existing MSW landfills with design
capacities equal to or greater than 2.5 million Mg and 2.5 million m\3\
must have a title V operating permit. Existing MSW landfills that are
not currently subject to title V permitting because their design
capacity is less than 2.5 million Mg or 2.5 million m\3\ may trigger
the requirement to apply for a title V permit in the future if the
landfill's design capacity increases to equal or exceed 2.5 million Mg
and 2.5 million m\3\. Such sources, newly subject to the requirement to
obtain a title V permit for operating the MSW landfill at or above the
2.5 million Mg or 2.5 million m\3\ capacity, become subject to the
title V program 90 days after the effective date of this Federal plan,
even if the design capacity report is submitted prior to that date.
This date that triggers title V applicability is consistent with the
2016 MSW Landfills EG. The requirements of a Federal plan are
applicable requirements for title V sources covered by a Federal plan.
Additional information for filing a timely title V application should
be obtained at the permitting authority. See 40 CFR 70.5(a)(1)(i) or
71.5(a)(1)(i).
An MSW landfill that is closed and is no longer subject to title V
as a result of this Federal plan may remain subject to title V
permitting requirements for another reason or reasons. See 40 CFR
62.16711(e) and 40 CFR 70.3 or 71.3. In such circumstances, the
landfill would be required to continue operating in compliance with a
title V permit.
B. Title V and Delegation of Federal Plan
Issuance of a title V permit is not equivalent to the approval of a
state or tribal plan or delegation of a Federal plan. Legally,
delegation of a standard or requirement results in a delegated state or
tribe standing in for the EPA as a matter of Federal law. This means
that obligations a source may have to the EPA under a federally
promulgated standard become obligations to the state or tribal agency
(except for functions that the EPA retains for itself) upon
delegation.\4\ Although states or tribes may have the authority under
their respective laws to incorporate CAA section 111 requirements into
their title V permits, and implement and enforce these requirements in
those permits without first taking delegation of the CAA section 111
Federal plan, the state or tribe is not standing in for the EPA as a
matter of Federal law in this situation. Where a delegation of a CAA
section 111 Federal plan is granted to a state or tribal agency,
obligations that a source has to retain functions under the Federal
plan still remain after a title V permit is issued to the source. As a
result, the EPA maintains that an approved 40 CFR part 70 operating
permits program cannot be used as a mechanism to transfer the authority
to implement and enforce the Federal plan from the EPA to a state or
tribe.
---------------------------------------------------------------------------
\4\ If the Administrator chooses to retain certain authorities
under a standard, those authorities cannot be delegated, e.g.,
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------
A state or tribe may have the authority under state or tribal law
to incorporate CAA section 111 requirements into its title V permits
and implement and enforce these requirements in that context without
first taking delegation of the CAA section 111 Federal plan.\5\ Some
states or tribes, however, may not be able to implement and enforce a
CAA section 111 standard in a title V permit under state or tribal law
until the CAA section 111 standard has been delegated. In these
situations, a state or tribe should not issue a 40 CFR part 70 permit
to a source subject to a Federal plan before taking delegation of the
CAA section 111 Federal plan.
---------------------------------------------------------------------------
\5\ The EPA interprets the phrase ``assure compliance'' in CAA
section 502(b)(5)(A) to mean that permitting authorities will
implement and enforce each applicable standard, regulation, or
requirement which must be included in the title V permits that the
permitting authority issues. See definition of ``applicable
requirements'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and
70.6(a)(1).
---------------------------------------------------------------------------
However, if a state or tribe can provide an attorney general's
(AG's) opinion delineating its authority to incorporate CAA section 111
[[Page 27767]]
requirements into its title V permits, and then implement and enforce
these requirements through its title V permits without first taking
delegation of the requirements, then a state or tribe does not need to
take delegation of the CAA section 111 requirements for the purposes of
title V permitting.\6\ In practical terms, without approval of a state
or tribal plan, or an adequate AG's opinion, states and tribes with
approved 40 CFR part 70 permitting programs open themselves up to
potential questions regarding their authority to issue permits
containing CAA section 111 requirements and to assure compliance with
these requirements. Such questions could lead to the issuance of a
notice of deficiency for a state's or tribe's 40 CFR part 70 program.
As a result, prior to a state or tribal permitting authority drafting a
40 CFR part 70 permit for a source subject to a CAA section 111 Federal
plan, the state or tribe, the EPA Regional office, and source in
question are advised to ensure that delegation of the relevant Federal
plan has taken place or that the permitting authority has provided to
the EPA Regional office an adequate AG's opinion.
---------------------------------------------------------------------------
\6\ It is important to note that an AG's opinion submitted at
the time of initial title V program approval is sufficient if it
demonstrates that a state, local authority, territory, or tribe has
adequate authority to incorporate CAA section 111 requirements into
its title V permits and to implement and enforce these requirements
through its title V permits without delegation.
---------------------------------------------------------------------------
In addition, if a permitting authority chooses to rely on an AG's
opinion and not take delegation of a Federal plan, a CAA section 111
source subject to the Federal plan in that state must simultaneously
submit to both the EPA and the state or tribe all reports required by
the standard to be submitted to the EPA. Given that these reports are
necessary to implement and enforce the CAA section 111 requirements
when they are included in the title V permits, the permitting authority
needs to receive these reports at the same time as the EPA.
In the situation where a permitting authority chooses to rely on an
AG's opinion and not take delegation of a Federal plan, the EPA
Regional offices will be responsible for implementing and enforcing CAA
section 111 requirements outside of any title V permits. Moreover, in
this situation, the EPA Regional offices will continue to be
responsible for conducting any other administrative functions required
under this Federal plan or any other CAA section 111 Federal plan. See,
e.g., section V.B of this preamble titled ``What are the final
compliance schedules?''
It is important to note that the EPA is not using its authority
under 40 CFR 70.4(i)(3) to request that all states and tribes that do
not take delegation of this Federal plan submit supplemental AG's
opinions currently. However, the EPA Regional offices must request, and
permitting authorities must provide, such opinions when the EPA
questions a state's or tribe's authority to incorporate CAA section 111
requirements into a title V permit and implement and enforce these
requirements in that context without delegation.
VIII. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, we are
finalizing regulatory text in 40 CFR 62.16722(i) 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 62.16722(a)(2)(ii) and 62.16722(a)(2)(iii)(B). For this test
method, a gas sample is continuously extracted from a duct and conveyed
to a portable analyzer for determination of nitrogen oxides, carbon
monoxide, 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 MSW Landfills NSPS (40 CFR part 60, subpart XXX) and
MSW Landfills EG (40 CFR part 60, subpart Cf). The ASTM standard is
available from the ASTM, 100 Barr Harbor Drive, Post Office Box C700,
West Conshohocken, PA 19428-2959. See http://www.astm.org. 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.
IX. 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 Order 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 Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB previously reviewed and approved the information
collection activities contained in the 2016 MSW Landfills EG and
assigned OMB control number 2060-0720. This action simply establishes
the MSW Landfills Federal Plan to implement the 2016 MSW Landfills EG
for those states that do not have a state plan implementing the EG and,
therefore, the information collection burden for landfills regulated
under this Federal Plan are already accounted for within the
information collection activities approved under OMB control number
2060-0720.
C. 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. The
small entities subject to the requirements of this action are small MSW
landfills. The Agency has determined that up to 15 small entities,
representing approximately 13 percent of the total number of small
entities subject to the Federal plan, may experience an impact of
greater than 3 percent of sales or revenues. Details of this analysis
are presented in the memorandum, Small Entity Screening Assessment for
Proposed Federal Plan for Emission Guidelines and Compliance Times for
Municipal Solid Waste Landfills, which is available in the docket for
this action. Although Oklahoma submitted corrections to the inventory
of MSW landfills during the comment period, the changes were not
expected to significantly affect the small entity screening assessment;
therefore, a new analysis was not performed. More details of the
general economic analysis of the EG, which this action implements, are
available in the docket for the 2016 MSW Landfills EG (Docket ID Item
No. EPA-HQ-OAR-2014-0451-0225).
As explained in the preamble to the proposed rule (84 FR 43755,
August 22, 2019), more details about outreach to small businesses
conducted during the development of the 2016 MSW Landfills EG, which
this action implements, are
[[Page 27768]]
available in Docket ID No. EPA-HQ-OAR-2014-0451.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538. This action implements mandates specifically
and explicitly set forth in 40 CFR 60.27 without the exercise of any
policy discretion by the EPA.
We note, however, that the EG may affect small governments because
small governments operate MSW landfills (80 FR 52146, August 27, 2015).
This action implements the promulgated EG. In developing the final 2016
MSW Landfills EG, the EPA consulted with small governments pursuant to
a plan established under section 203 of the UMRA to address impacts of
regulatory requirements in the rule that might significantly or
uniquely affect small governments. The EPA also held meetings as
discussed in section IX.F of this preamble.
E. Executive Order 13132: Federalism
The EPA has concluded that this action may have federalism
implications, because the rule imposes substantial direct compliance
costs on state or local governments, and the Federal government will
not provide the funds necessary to pay those costs. The EPA provided a
federalism summary impact statement for the 2016 MSW Landfills EG, as
follows: The EPA consulted with state and local officials early in the
process of developing the 2016 MSW Landfills EG to permit them to have
meaningful and timely input into its development. In developing the
regulatory options reflected in the proposed and final 2016 MSW
Landfills EG, the EPA consulted with eight national organizations
representing state and local elected officials. Additionally, the
Environmental Council of the States, the National Association of Clean
Air Agencies, and the Association of State and Territorial Solid Waste
Management Officials participated in preproposal briefings. Finally, in
addition to these associations, over 140 officials representing state
and local governments across the nation participated in at least one of
three preproposal briefings in the fall of 2013 (September 10, 2013,
November 7, 2013, and November 14, 2013), which is summarized in the
docket for the 2016 MSW Landfills EG (Docket ID Item No. EPA-HQ-OAR-
2014-0451-0013). The EPA received comments on the 2016 MSW Landfills EG
from over 40 entities representing state and local governments. The EPA
conducted an additional federalism outreach meeting on April 15, 2015.
The principal intergovernmental concerns raised during the
preproposal consultations, as well as during the proposed rule's public
comment period, include: (1) Implementation concerns associated with
shortening of GCCS installation and/or expansion timeframes; (2)
concerns regarding significant lowering of the design capacity or
emission thresholds; (3) the need for clarifications associated with
wellhead operating parameters; and (4) the need for consistent, clear,
and rigorous surface monitoring requirements. In response to these
comments and based upon the available data, the EPA decided not to
adjust the design capacity or significantly lower the emission
threshold. The EPA also decided not to adjust the time allotted for
installation of the GCCS or expansion of the wellfield. In the proposed
MSW Landfills EG (80 FR 52121, August 27, 2015), the EPA highlighted
specific concerns raised by commenters, which included state agencies
as well as landfill owners or operators, about the interaction between
shortened lag times and design plan approvals, costs, and safety
concerns associated with reduced lag times and the need for flexibility
for lag time adjustments. The EPA adjusted wellhead operating
parameters to limit corrective action requirements to negative pressure
and temperature. The EPA also acknowledged concerns about wellhead
operating parameters in 80 FR 52121 (August 27, 2015) and considered
public comments in favor of and against retention of the parameters.
A complete list of the comments from state and local governments
was provided to OMB and was placed in the 2016 MSW Landfills EG Docket
(Final Report of the Small Business Advocacy Review Panel on EPA's
Planned Proposed Rules Standards of Performance for Municipal Solid
Waste Landfills and Review of Emissions Guidelines for Municipal Solid
Waste Landfills, Docket ID Item No. EPA-HQ-OAR-2014-0451-0139). In
addition, the detailed response to comments from these entities is
contained in the EPA's Response to Comments document for the 2016 MSW
Landfills EG (Docket ID Item No. EPA-HQ-OAR-2014-0451-0229). As
required by section 8(a) of Executive Order 13132, the EPA included a
certification from its Federalism official stating that the EPA had met
the Executive Order's requirements in a meaningful and timely manner
when it sent the draft of the 2016 MSW Landfills EG to OMB for review
pursuant to Executive Order 12866. A copy of the certification is
included in the record for the 2016 MSW Landfills EG (Outreach under
Executive Order 13132 for MSW Landfills, Docket ID Item Nos. EPA-HQ-
OAR-2014-0451-0013 and EPA-HQ-OAR-2014-0451-0100).
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has tribal implications as specified in Executive Order
13175. 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 the 2016 MSW Landfills
EG, identified one tribe, the Salt River Pima-Maricopa Indian
Community, which owns three landfills potentially subject to this
Federal plan. One of these landfills is open, the Salt River Landfill,
and is already controlling emissions under the current NSPS/EG
framework, so while subject to this subpart, the costs of this rule are
not substantial. Two other landfills located in this tribe are closed
and anticipated to meet the definition of the closed landfill
subcategory. One of the closed landfills, the Tri Cities Landfill, is
already controlling emissions under the current NSPS/EG framework and
will not incur substantial additional compliance costs under the
Federal plan. The other landfill, North Center Street Landfill, is not
estimated to install controls under the Federal plan. The EPA offered
consultation and coordination with Indian tribes on this action to
permit them to have meaningful and timely input into its development.
However, no consultation was requested.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it implements a previously promulgated
Federal standard.
H. 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
[[Page 27769]]
significant regulatory action under Executive Order 12866.
I. 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 standard 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 of
appendix A-2 of part 60 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 carbon monoxide 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 carbon monoxide control. The EPA's review is
documented in the memorandum, Voluntary Consensus Standard Results for
Emission Guidelines and Compliance Times for Municipal Solid Waste
Landfills, 2016, which is available in the docket for the 2016 MSW
Landfills EG (Docket ID Item No. EPA-HQ-OAR-2014-0451-0206). In this
rule, the EPA is finalizing regulatory text for 40 CFR part 62, subpart
OOO, that includes IBR in accordance with requirements of 1 CFR 51.5.
Specifically, the EPA is incorporating by reference ASTM D6522-11. See
section VIII. of this preamble for information on the availability of
this material.
J. 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 (59 FR 7629, February 16, 1994). The
EPA has determined that this action increases the level of
environmental protection for all affected populations without having
any disproportionately high and adverse human health or environmental
effects on any population, including any minority, low-income, or
indigenous populations. To the extent that any minority, low-income, or
indigenous subpopulation is disproportionately impacted by LFG
emissions due to the proximity of their homes to sources of these
emissions, that subpopulation also stands to see increased
environmental and health benefit from the emission reductions called
for by this action. The results of the demographic analysis are
presented in the EJ Screening Report for Municipal Solid Waste
Landfills, July 2016, a copy of which is available in the 2016 MSW
Landfills EG Docket (Docket ID Item No. EPA-HQ-OAR-2014-0451-0223).
K. 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).
L. Clean Air Act Section 307(d)
This final rule is subject to the provisions of CAA section 307(d).
CAA section 307(d)(1)(C) provides that CAA section 307(d) applies to,
among other things, ``the promulgation or revision of any standard of
performance under section 7411 of this title.'' 42 U.S.C.
7407(d)(1)(C). This final rule promulgates a Federal plan, which
includes promulgation of a standard of performance, pursuant to the
authority of CAA section 111(d). The Agency has complied with
procedural requirements of CAA section 307(d) during the course of this
rulemaking.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedures,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. Section 62.13 is amended by:
0
a. Revising paragraph (b); and
0
b. Adding paragraphs (f) through (j).
The revisions and additions read as follows:
Sec. 62.13 Federal plans.
* * * * *
(b) The substantive requirements of the municipal solid waste
landfills Federal plan that implements 40 CFR part 60, subpart Cc of
this chapter, are contained in subpart GGG of this part. These
requirements include emission limits, compliance schedules, testing,
monitoring, and reporting and recordkeeping requirements. After June
21, 2021, per paragraph (j) of this section, the substantive
requirements of the municipal solid waste landfills Federal plan are
contained in subpart OOO of this part and owners and operators of
municipal solid waste landfills must comply with subpart OOO of this
part or a state/tribal plan implementing 40 CFR part 60, subpart Cf of
this chapter, instead of subpart GGG of this part.
* * * * *
(f) [Reserved]
(g) The substantive requirements of the sewage sludge incineration
units Federal plan are contained in subpart LLL of this part. These
requirements include emission limits, compliance schedules, testing,
monitoring, and reporting and recordkeeping requirements.
(h) [Reserved]
(i) [Reserved]
(j) The substantive requirements of the municipal solid waste
landfills Federal plan that implements 40 CFR part 60, subpart Cf of
this chapter, are contained in subpart OOO of this part. These
requirements include emission limits, compliance schedules, testing,
monitoring, and reporting and recordkeeping requirements.
0
3. Amend Sec. 62.1115 by adding paragraph (b)(2) to read as follows:
Subpart F--California
Sec. 62.1115 Identification of sources.
* * * * *
(b) * * *
(2) The requirements of Sec. Sec. 60.34f(c), 60.36f(a)(5),
60.37f(a)(2) and (3), 60.38f(k), and 60.39f(e)(2) and (5) of this
chapter are not met since the plan does not provide for wellhead
operational standards, wellhead monitoring, corrective action and
recordkeeping related to temperature. Municipal solid waste landfills
subject to the plan in Sec. 62.1100(b)(7) must also implement the
provisions of Sec. Sec. 62.16716(c),
[[Page 27770]]
62.16720(a)(4), 62.16722(a)(2) and (3), 62.16724(k), and 62.16726(e)(2)
and (5).
* * * * *
0
4. Part 62 is amended by adding subpart OOO, consisting of Sec. Sec.
62.16710 through 62.16730, to read as follows:
Subpart OOO--Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction On or Before July 17, 2014
and Have Not Been Modified or Reconstructed Since July 17, 2014
Sec
62.16710 Scope and delegated authorities.
62.16711 Designated facilities.
62.16712 Compliance schedule and increments of progress.
62.16714 Standards for municipal solid waste landfill emissions.
62.16716 Operational standards for collection and control systems.
62.16718 Test methods and procedures.
62.16720 Compliance provisions.
62.16722 Monitoring of operations.
62.16724 Reporting guidelines.
62.16726 Recordkeeping guidelines.
62.16728 Specifications for active collection systems.
62.16730 Definitions.
Sec. 62.16710 Scope and delegated authorities.
This subpart establishes emission control requirements and
compliance schedules for the control of designated pollutants from
certain designated municipal solid waste (MSW) landfills in accordance
with section 111(d) of the Clean Air Act and subpart B of 40 CFR part
60.
(a) If you own or operate a designated facility as described in
Sec. 62.16711, then you must comply with this subpart.
(b) The following authorities will not be delegated to state,
local, or tribal agencies:
(1) Approval of alternative methods to determine the site-specific
nonmethane organic compounds (NMOC) concentration or a site-specific
methane generation rate constant (k).
(2) Alternative emission standards.
(3) Major alternatives to test methods. Major alternatives to test
methods or to monitoring are modifications made to a federally
enforceable test method or to a Federal monitoring requirement. These
changes may involve the use of unproven technology or modified
procedures or an entirely new method.
(4) Waivers of recordkeeping.
Sec. 62.16711 Designated facilities.
(a) The designated facility to which this subpart applies is each
municipal solid waste landfill in each state, protectorate, and portion
of Indian country that meets the conditions of paragraphs (a)(1) and
(2) of this section, except for landfills exempted by paragraphs (b)
and (c) of this section.
(1) The municipal solid waste landfill commenced construction,
reconstruction, or modification on or before July 17, 2014.
(2) The municipal solid waste landfill has accepted waste at any
time since November 8, 1987, or the landfill has additional capacity
for future waste deposition.
(b) A municipal solid waste landfill regulated by an EPA-approved
and currently effective state or tribal plan implementing 40 CFR 60,
subpart Cf, is not subject to the requirements of this subpart.
(c) A municipal solid waste landfill located in a state, locality,
or portion of Indian country that submitted a negative declaration
letter is not subject to the requirements of this subpart other than
the requirements in the definition of design capacity in Sec. 62.16730
to recalculate the site-specific density annually and in Sec.
62.16724(b) to submit an amended design capacity report in the event
that the recalculated design capacity is equal to or greater than 2.5
million megagrams and 2.5 million cubic meters. However, if the
existing municipal solid waste landfill already has a design capacity
equal to or greater than 2.5 million megagrams and 2.5 million cubic
meters, then it is subject to the requirements of this Federal plan.
(d) Physical or operational changes made to an existing MSW
landfill solely to comply with an emission guideline implemented by a
state or Federal plan are not considered a modification or
reconstruction and would not subject an existing MSW landfill to the
requirements of 40 CFR 60, subpart XXX. Landfills that commence
construction, modification, or reconstruction after July 17, 2014, are
subject to 40 CFR part 60, subpart XXX.
(e) For purposes of obtaining an operating permit under title V of
the Clean Air Act, the owner or operator of an MSW landfill subject to
this subpart with a design capacity less than 2.5 million megagrams or
2.5 million cubic meters is not subject to the requirement to obtain an
operating permit for the landfill under 40 CFR part 70 or 71, unless
the landfill is otherwise subject to either 40 CFR part 70 or 71. For
purposes of submitting a timely application for an operating permit
under 40 CFR part 70 or 71, the owner or operator of an MSW landfill
subject to this subpart with a design capacity greater than or equal to
2.5 million megagrams and 2.5 million cubic meters, and not otherwise
subject to either 40 CFR part 70 or 71, becomes subject to the
requirements of Sec. 70.5(a)(1)(i) or 71.5(a)(1)(i) of this chapter 90
days after the effective date of such CAA section 111(d) program
approval, even if the design capacity report is submitted earlier.
(f) When an MSW landfill subject to this subpart is closed as
defined in this subpart, the owner or operator is no longer subject to
the requirement to maintain an operating permit under 40 CFR part 70 or
71 for the landfill if the landfill is not otherwise subject to the
requirements of either 40 CFR part 70 or 71 and if either of the
following conditions are met:
(1) The landfill was never subject to the requirement to install
and operate a gas collection and control system under Sec. 62.16714;
or
(2) The landfill meets the conditions for control system removal
specified in Sec. 62.16714(f).
(g) When an MSW landfill subject to this subpart is in the closed
landfill subcategory, the owner or operator is not subject to the
following reports of this subpart, provided the owner or operator
submitted these reports under the provisions of 40 CFR part 60, subpart
WWW; subpart GGG of this part; or a state plan implementing 40 CFR part
60, subpart Cc, on or before July 17, 2014:
(1) Initial design capacity report specified in Sec. 62.16724(a).
(2) Initial or subsequent NMOC emission rate report specified in
Sec. 62.16724(c), provided that the most recent NMOC emission rate
report indicated the NMOC emissions were below 50 megagrams per year.
(3) Collection and control system design plan specified in Sec.
62.16724(d).
(4) Closure report specified in Sec. 62.16724(f).
(5) Equipment removal report specified in Sec. 62.16724(g).
(6) Initial annual report specified in Sec. 62.16724(h).
(7) Initial performance test report in Sec. 62.16724(i).
(h) When an MSW landfill subject to this subpart is a legacy
controlled landfill, as defined in Sec. 62.16730, the owner or
operator is not subject to the following reports of this subpart,
provided the owner or operator submitted these reports under 40 CFR
part 60, subpart WWW; subpart GGG of this part; or a state plan
implementing 40 CFR part 60, subpart Cc on or before June 21, 2021.
(1) Initial design capacity report specified in Sec. 62.16724(a).
(2) Initial or subsequent NMOC emission rate report specified in
Sec. 62.16724(c).
[[Page 27771]]
(3) Collection and control system design plan specified in Sec.
62.16724(d).
(5) Initial annual report specified in Sec. 62.16724(h).
(4) Initial performance test report in Sec. 62.16724(i).
Sec. 62.16712 Compliance schedule and increments of progress.
Planning, awarding of contracts, installing, and starting up MSW
landfill air emission collection and control equipment that is capable
of meeting the emission standards of Sec. 62.16714 must be completed
within 30 months after the date an NMOC emission rate report shows NMOC
emissions equal or exceed 34 megagrams per year; or within 30 months
after the date of the most recent NMOC emission rate report that shows
NMOC emissions equal or exceed 34 megagrams per year, if Tier 4 surface
emissions monitoring (SEM) shows a surface emission concentration of
500 parts per million methane or greater. Legacy controlled landfills
who have not yet reached increment 5 (full compliance) must demonstrate
compliance with any remaining increments of progress on this schedule.
However, they must use the date of their first report submitted under
40 CFR part 60, subpart WWW, 40 CFR part 62, subpart GGG or a state
plan implementing 40 CFR part 60, subpart Cc showing NMOC emissions at
or above 50 megagrams. The owner or operator must follow the
requirements in paragraphs (a) through (d) of this section.
(a) Increments of progress. The owner or operator of a designated
facility that has a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters and a NMOC emission rate
greater than or equal to 34 megagrams per year must achieve the
increments of progress specified in paragraphs (a)(1) through (5) of
this section to install air pollution control devices to meet the
emission standards specified in Sec. 62.16714(b) and (c) of this
subpart. Refer to Sec. 62.16730 for a definition of each increment of
progress.
(1) Submit control plan. Submit a final control plan (collection
and control system design plan) according to the requirements of Sec.
62.16724(d).
(2) Award contract(s). Award contract(s) to initiate on-site
construction or initiate on-site installation of emission collection
and/or control equipment.
(3) Initiate on-site construction. Initiate on-site construction or
initiate on-site installation of emission collection and/or control
equipment as described in the EPA-approved final control plan.
(4) Complete on-site construction. Complete on-site construction
and installation of emission collection and/or control equipment.
(5) Achieve final compliance. Complete construction in accordance
with the design specified in the EPA-approved final control plan and
connect the landfill gas collection system and air pollution control
equipment such that they are fully operating. The initial performance
test must be conducted within 180 days after the date the facility is
required to achieve final compliance. For a legacy controlled landfill,
the initial or most recent performance test conducted to comply with 40
CFR part 60, subpart WWW, subpart GGG of this part, or a state plan
implementing 40 CFR part 60, subpart Cc is sufficient for compliance
with this part. The test report does not have to be resubmitted.
(b) Compliance date. For each designated facility that has a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters and a NMOC emission rate greater than or equal to 34
megagrams per year (50 megagrams per year for closed landfill
subcategory), planning, awarding of contracts, and installation of
municipal solid waste landfill air emission collection and control
equipment capable of meeting the standards in Sec. 62.16714(b) and (c)
must be accomplished within 30 months after the date the initial
emission rate report (or the annual emission rate report) first shows
that the NMOC emission rate equals or exceeds 34 megagrams per year (50
megagrams per year for closed landfill subcategory), except as provided
in Sec. 62.16712(c)(3).
(c) Compliance schedules. The owner or operator of a designated
facility that has a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters and a NMOC emission rate
greater than or equal to 34 megagrams per year (50 megagrams per year
for closed landfill subcategory) must achieve the increments of
progress specified in paragraphs (a)(1) through (5) of this section
according to the schedule specified in paragraph (c)(1), (2), or (3) of
this section.
(1) Achieving Increments of Progress. The owner or operator of a
designated facility must achieve the increments of progress according
to the schedule in table 1 of this subpart. Once this subpart becomes
effective, any designated facility to which this subpart applies will
remain subject to the schedule in table 1 if a subsequently approved
state or tribal plan contains a less stringent schedule, (i.e., a
schedule that provides more time to comply with increments 1, 4 and/or
5 than does this Federal plan).
(2) Tier 4. The owner or operator of a designated facility that is
using the Tier 4 procedures specified in Sec. 62.16718(a)(6) must
achieve the increments of progress according to the schedule in table 1
of this subpart.
(d) Alternative dates. For designated facilities that are subject
to the schedule requirements of paragraph (c)(1) of this section, the
owner or operator (or the state or tribal air pollution control
authority) may submit to the appropriate EPA Regional Office for
approval alternative dates for achieving increments 2 and 3.
Sec. 62.16714 Standards for municipal solid waste landfill emissions.
(a) Landfills. Each owner or operator of an MSW landfill having a
design capacity greater than or equal to 2.5 million megagrams by mass
and 2.5 million cubic meters by volume must collect and control MSW
landfill emissions at each MSW landfill that meets the following
conditions:
(1) Waste acceptance date. The landfill has accepted waste at any
time since November 8, 1987, or has additional design capacity
available for future waste deposition.
(2) Construction commencement date. The landfill commenced
construction, reconstruction, or modification on or before July 17,
2014.
(3) NMOC emission rate. The landfill has an NMOC emission rate
greater than or equal to 34 megagrams per year or Tier 4 SEM shows a
surface emission concentration of 500 parts per million methane or
greater.
(4) Closed subcategory. The landfill in the closed landfill
subcategory and has an NMOC emission rate greater than or equal to 50
megagrams per year.
(b) Collection system. Install a gas collection and control system
meeting the requirements in paragraphs (b)(1) through (3) and (c) of
this section at each MSW landfill meeting the conditions in paragraph
(a) of this section.
(1) Collection system. Install and start up a collection and
control system that captures the gas generated within the landfill
within 30 months after:
(i) The first annual report in which the NMOC emission rate equals
or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling
demonstrates that the NMOC emission rate is less than 34 megagrams per
year, as specified in Sec. 62.16724(d)(4), or
(ii) The first annual report in which the NMOC emission rate equals
or exceeds 50 megagrams per year submitted under previously applicable
[[Page 27772]]
regulations 40 CFR part 60, subpart WWW, 40 CFR part 62, subpart GGG,
or a state plan implementing 40 CFR part 60, subpart Cc for a legacy
controlled landfill or landfill in the closed landfill subcategory, or
(iii) The most recent NMOC emission rate report in which the NMOC
emission rate equals or exceeds 34 megagrams per year based on Tier 2,
if the Tier 4 SEM shows a surface methane emission concentration of 500
parts per million methane or greater as specified in Sec. 62.16724
(d)(4)(iii).
(2) Active. An active collection system must:
(i) 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.
(ii) 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.
(iii) Collect gas at a sufficient extraction rate.
(iv) Be designed to minimize off-site migration of subsurface gas.
(3) Passive. A passive collection system must:
(i) Comply with the provisions specified in paragraphs (b)(2)(i),
(ii), and (iv) of this section.
(ii) 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 40 CFR 258.40.
(c) Control system. Control the gas collected from within the
landfill through the use of control devices meeting the following
requirements, except as provided in 40 CFR 60.24.
(1) A non-enclosed flare designed and operated in accordance with
the parameters established in 40 CFR 60.18 except as noted in Sec.
62.16722(d); or
(2) A control system designed and operated to reduce NMOC by 98
weight percent; or when an enclosed combustion device is used for
control, to either reduce NMOC by 98 weight percent or reduce the
outlet NMOC concentration to less than 20 parts-per-million by volume,
dry basis as hexane at 3-percent oxygen or less. The reduction
efficiency or concentration in parts-per-million by volume 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 Sec. 62.16718(d). 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.
(i) If a boiler or process heater is used as the control device,
the landfill gas stream must be introduced into the flame zone.
(ii) 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.
62.16722.
(iii) Legacy controlled landfills or landfills in the closed
landfill subcategory that have already installed control systems and
completed initial or subsequent performance tests may comply with this
subpart using the initial or most recent performance test conducted to
comply with 40 CFR part 60, subpart WWW; subpart GGG of this part; or a
state plan implementing subpart Cc of part 60, is sufficient for
compliance with this subpart.
(3) Route the collected gas to 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-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 (c)(1) or (2) of this
section.
(4) All emissions from any atmospheric vent from the gas treatment
system are subject to the requirements of paragraph (b) or (c) 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) or (c) of this section.
(d) Design capacity. Each owner or operator of an MSW landfill
having a design capacity less than 2.5 million megagrams by mass or 2.5
million cubic meters by volume must submit an initial design capacity
report to the Administrator as provided in Sec. 62.16724(a). The
landfill may calculate design capacity in either megagrams or cubic
meters for comparison with the exemption values. Any density
conversions must be documented and submitted with the report. Submittal
of the initial design capacity report fulfills the requirements of this
subpart except as provided in paragraphs (d)(1) and (2) of this
section.
(1) The owner or operator must submit an amended design capacity
report as provided in Sec. 62.16724(b).
(2) When an increase in the maximum design capacity of a landfill
with an initial design capacity less than 2.5 million megagrams or 2.5
million cubic meters results in a revised maximum design capacity equal
to or greater than 2.5 million megagrams and 2.5 million cubic meters,
the owner or operator must comply with paragraph (e) of this section.
(e) Emissions. The owner or operator of an MSW landfill having a
design capacity equal to or greater than 2.5 million megagrams and 2.5
million cubic meters must either install a collection and control
system as provided in paragraphs (b) and (c) of this section or
calculate an initial NMOC emission rate for the landfill using the
procedures specified in Sec. 62.16718(a). The NMOC emission rate must
be recalculated annually, except as provided in Sec. 62.16724(c)(3).
(1) If the calculated NMOC emission rate is less than 34 megagrams
per year, the owner or operator must:
(i) Submit an annual NMOC emission rate report according to Sec.
62.16724(c), except as provided in Sec. 62.16724(c)(3); and
(ii) Recalculate the NMOC emission rate annually using the
procedures specified in Sec. 62.16724(a) until such time as the
calculated NMOC emission rate is equal to or greater than 34 megagrams
per year, or the landfill is closed.
(A) If the calculated NMOC emission rate, upon initial calculation
or annual recalculation required in paragraph (e)(1)(ii) of this
section, is equal to or greater than 34 megagrams per year, the owner
or operator must either: Comply with paragraphs (b) and (c) of this
section; calculate NMOC emissions using the next higher tier in Sec.
62.16718; or conduct a surface emission monitoring demonstration using
the procedures specified in Sec. 62.16718(a)(6).
(B) If the landfill is permanently closed, a closure report must be
submitted to the Administrator as provided in Sec. 62.16724(f), except
for exemption allowed under Sec. 62.16711(g)(4).
(2) If the calculated NMOC emission rate is equal to or greater
than 34 megagrams per year using Tier 1, 2, or 3 procedures, the owner
or operator must either: Submit a collection and control system design
plan prepared by a professional engineer to the Administrator within 1
year as specified in Sec. 62.16724(d), except for exemptions allowed
under Sec. 62.16711(g)(3); calculate NMOC emissions using a
[[Page 27773]]
higher tier in Sec. 62.16718; or conduct a surface emission monitoring
demonstration using the procedures specified in Sec. 62.16718(a)(6).
(3) For the closed landfill subcategory, if the calculated NMOC
emission rate submitted under previously applicable regulations 40 CFR
part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan
implementing 40 CFR part 60, subpart Cc is equal to or greater than 50
megagrams per year using Tier 1, 2, or 3 procedures, the owner or
operator must either: submit a collection and control system design
plan as specified in Sec. 62.16724(d), except for exemptions allowed
under Sec. 62.16711(g)(3); or calculate NMOC emissions using a higher
tier in Sec. 62.16718.
(f) 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.
62.16730). A closure report must be submitted to the Administrator as
provided in Sec. 62.16724(f).
(2) The 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.
(3) Following the procedures specified in Sec. 62.16718(b), the
calculated NMOC emission rate at the landfill is less than 34 megagrams
per year on three successive test dates. The test dates must be no less
than 90 days apart, and no more than 180 days apart.
(4) For the closed landfill subcategory (as defined in Sec.
62.16730), following the procedures specified in Sec. 62.16718(b), the
calculated NMOC emission rate at the landfill is less than 50 megagrams
per year on three successive test dates. The test dates must be no less
than 90 days apart, and no more than 180 days apart.
Sec. 62.16716 Operational standards for collection and control
systems.
Each owner or operator must comply with the provisions for the
operational standards in this section (as well as the provisions in
Sec. Sec. 62.16720 and 62.16722), or the operational standards in
Sec. 63.1958 of this chapter (as well as the provisions in Sec. Sec.
63.1960 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. 62.16714(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. 62.16714(b) and (c) 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 annual reports as
provided in Sec. 62.16724(h)(1);
(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.
62.16724(d);
(c) Operate each interior wellhead in the collection system with a
landfill gas temperature less than 55 degrees Celsius (131 degrees
Fahrenheit). 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) Operate the collection system so that the methane concentration
is less than 500 parts per million above background at the surface of
the landfill. To determine if this level is exceeded, the owner or
operator must conduct surface testing using an organic vapor analyzer,
flame ionization detector, or other portable monitor meeting the
specifications provided in Sec. 62.16720(d). 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 and all cover penetrations. Thus, the
owner or operator must monitor any openings that are within an area of
the landfill where waste has been placed and a gas collection system is
required. 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.
(e) Operate the system such that all collected gases are vented to
a control system designed and operated in compliance with Sec.
62.16714(c). In the event the collection or control system is not
operating, 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.
(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
paragraphs (b), (c), or (d) of this section are not met, corrective
action must be taken as specified in Sec. 62.16720(a)(3) and (5) or
Sec. 62.16720(c). If corrective actions are taken as specified in
Sec. 62.16720, the monitored exceedance is not a violation of the
operational requirements in this section.
Sec. 62.16718 Test methods and procedures.
Calculate the landfill NMOC emission rate and conduct a surface
emission monitoring demonstration according to the provisions in this
section.
(a)(1) NMOC Emission rate. 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 for Lo, and 4,000 parts per million by volume as hexane for
the
[[Page 27774]]
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 meteorological 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] TR21MY21.004
Where:
MNMOC = Total NMOC emission rate from the landfill,
megagrams per year.
k = Methane generation rate constant, year-\1\.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
Mi = Mass of solid waste in the ith section,
megagrams.
ti = Age of the ith section, years.
CNMOC = Concentration of NMOC, parts per million by
volume as hexane.
3.6 x 10-\9\ = Conversion factor.
(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] TR21MY21.005
Where:
MNMOC = Mass emission rate of NMOC, megagrams per year.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
R = Average annual acceptance rate, megagrams per year.
k = Methane generation rate constant, year -\1\.
t = Age of landfill, years.
CNMOC = Concentration of NMOC, parts per million by
volume as hexane.
c = Time since closure, years; for an 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 34 megagrams per year.
(i) If the NMOC emission rate calculated in paragraph (a)(1) of
this section is less than 34 megagrams per year, then the owner or
operator must submit an NMOC emission rate report according to Sec.
62.16724(c) and must recalculate the NMOC mass emission rate annually
as required under Sec. 62.16714(e).
(ii) If the NMOC emission rate calculated in paragraph (a)(1) of
this section is equal to or greater than 34 megagrams per year, then
the landfill owner or operator must either:
(A) Submit a gas collection and control system design plan within 1
year as specified in Sec. 62.16724(d) and install and operate a gas
collection and control system within 30 months according to Sec.
62.16714(b) and (c);
(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 of 40 CFR 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 is 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 of 40 CFR 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 probes
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 determining the NMOC
concentration and corresponding NMOC emission rate, the owner or
operator must submit the results according to Sec. 62.16724(j)(2).
(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 using the average site-specific NMOC
concentration from the collected samples instead of the default value
provided in paragraph (a)(1) of this section.
[[Page 27775]]
(iii) If the resulting NMOC mass emission rate is less than 34
megagrams per year, then the owner or operator must submit a periodic
estimate of NMOC emissions in an NMOC emission rate report according to
Sec. 62.16724(c) and must recalculate the NMOC mass emission rate
annually as required under Sec. 62.16714(e). 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 34
megagrams per year, the owner or operator must either:
(A) Submit a gas collection and control system design plan within 1
year as specified in Sec. 62.16724(d) and install and operate a gas
collection and control system within 30 months according to Sec.
62.16714(b) and (c);
(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; or
(C) Conduct a surface emission monitoring demonstration using the
Tier 4 procedures specified in paragraph (a)(6) 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 of 40 CFR part 60. 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 34 megagrams per year.
(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 34 megagrams per year, the
owner or operator must either:
(A) Submit a gas collection and control system design plan within 1
year as specified in Sec. 62.16724(d) and install and operate a gas
collection and control system within 30 months according to Sec.
62.16714(b) and (c); or
(B) Conduct a surface emission monitoring demonstration using the
Tier 4 procedures specified in paragraph (a)(6) of this section.
(ii) If the NMOC mass emission rate is less than 34 megagrams per
year, 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. 62.16724(c).
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) Alternative 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.
(6) Tier 4. Demonstrate that surface methane emissions are below
500 parts per million. Surface emission monitoring must be conducted on
a quarterly basis using the following procedures. Tier 4 is allowed
only if the landfill owner or operator can demonstrate that NMOC
emissions are greater than or equal to 34 megagrams per year but less
than 50 megagrams per year using Tier 1 or Tier 2. If both Tier 1 and
Tier 2 indicate NMOC emissions are megagrams per year or greater, then
Tier 4 cannot be used. In addition, the landfill must meet the criteria
in paragraph (a)(6)(viii) of this section.
(i) Measure surface concentrations of methane along the entire
perimeter of the landfill and along a pattern that traverses the
landfill at no more than 30-meter intervals using an organic vapor
analyzer, flame ionization detector, or other portable monitor meeting
the specifications provided in Sec. 62.16720(d).
(ii) The background concentration must be determined by moving the
probe inlet upwind and downwind at least 30 meters from the waste mass
boundary of the landfill.
(iii) Surface emission monitoring must be performed in accordance
with section 8.3.1 of EPA Method 21 of appendix A-7 of 40 CFR part 60,
except that the probe inlet must be placed no more than 5 centimeters
above the landfill surface; the constant measurement of distance above
the surface should be based on a mechanical device such as with a wheel
on a pole.
(A) The owner or operator must use a wind barrier, similar to a
funnel, when onsite average wind speed exceeds 4 miles per hour or 2
meters per second or gust exceeding 10 miles per hour. Average on-site
wind speed must also be determined in an open area at 5-minute
intervals using an on-site anemometer with a continuous recorder and
data logger for the entire duration of the monitoring event. The wind
barrier must surround the SEM monitor, and must be placed on the
ground, to ensure wind turbulence is blocked. The SEM cannot be
conducted if average wind speed exceeds 25 miles per hour.
(B) Landfill surface areas where visual observations indicate
elevated concentrations of landfill gas, such as distressed vegetation
and cracks or seeps in the cover, and all cover penetrations must also
be monitored using a device meeting the specifications provided in
Sec. 62.16720(d).
(iv) Each owner or operator seeking to comply with the Tier 4
provisions in paragraph (a)(6) of this section must maintain records of
surface emission monitoring as provided in Sec. 62.16726(g) and submit
a Tier 4 surface emissions report as provided in Sec.
62.16724(d)(4)(iii).
(v) If there is any measured concentration of methane of 500 parts
per million or greater from the surface of the landfill, the owner or
operator must submit a gas collection and control system design plan
within 1 year of the first measured concentration of methane of 500
parts per million or greater from the surface of the landfill according
to Sec. 62.16724(d) and install and operate a gas collection and
control system according to Sec. 62.16714(b) and (c) within 30 months
of the most recent NMOC emission rate report in which the NMOC emission
rate equals or exceeds 34 megagrams per year based on Tier 2.
(vi) If after four consecutive quarterly monitoring periods at a
landfill, other than a closed landfill, there is no measured
concentration of methane of 500 parts per million or greater from the
surface of the landfill, the owner or operator must continue quarterly
surface emission monitoring using the methods specified in this
section.
(vii) If after four consecutive quarterly monitoring periods at a
closed landfill there is no measured concentration of methane of 500
parts per million or greater from the surface of the landfill, the
owner or operator must conduct annual surface emission monitoring using
the methods specified in this section.
(viii) If a landfill has installed and operates a collection and
control system that is not required by this subpart, then the
collection and control system must meet the following criteria:
[[Page 27776]]
(A) The gas collection and control system must have operated for at
least 6,570 out of 8,760 hours preceding the Tier 4 SEM demonstration.
(B) During the Tier 4 SEM demonstration, the gas collection and
control system must operate as it normally would to collect and control
as much landfill gas as possible.
(b) 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.
62.16714(f), using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR21MY21.006
Where:
MNMOC = Mass emission rate of NMOC, megagrams per year.
QLFG = Flow rate of landfill gas, cubic meters per
minute.
CNMOC = NMOC concentration, parts per million by volume
as hexane.
(1) Flow rate. The flow rate of landfill gas, QLFG, must
be determined by measuring the 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 40 CFR part 60.
(2) NMOC concentration. 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 EPA Method 25C of appendix A-7 of 40 CFR part 60. 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 EPA Method 25C
of appendix A-7 of 40 CFR part 60 by six to convert from
CNMOC as carbon to CNMOC as hexane.
(3) Gas flow rate method. 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 calculating the NMOC emission
rate for purposes of determining when the system can be capped or
removed, the owner or operator must submit the results according to
Sec. 62.16724(j)(2).
(ii) [Reserved]
(c) When calculating emissions for Prevention of Significant
Deterioration purposes, the owner or operator of each MSW landfill
subject to the provisions of this subpart must estimate the NMOC
emission rate for comparison to the Prevention of Significant
Deterioration major source and significance levels in Sec. Sec. 51.166
or 52.21 of this chapter using Compilation of Air Pollutant Emission
Factors, Volume I: Stationary Point and Area Sources (AP-42) or other
approved measurement procedures.
(d) For the performance test required in Sec. 62.16714(c)(1), the
net heating value of the combusted landfill gas as determined in 40 CFR
60.18(f)(3) of this chapter is calculated from the concentration of
methane in the landfill gas as measured by EPA Method 3C. 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 40
CFR 60.18(f)(4) of this chapter.
(1) Performance test results. Within 60 days after the date of
completing each performance test (as defined in Sec. 60.8 of this
chapter), the owner or operator must submit the results of the
performance tests required by paragraph (b) or (d) of this section,
including any associated fuel analyses, according to Sec.
62.16724(j)(1).
(2) [Reserved]
(e) For the performance test required in Sec. 62.16714(c)(2), EPA
Method 25 or 25C (EPA Method 25C may be used at the inlet only) of
appendix A-7 of 40 CFR part 60 must be used to determine compliance
with the 98 weight-percent efficiency or the 20 parts-per-million by
volume outlet NMOC concentration level, unless another method to
demonstrate compliance has been approved by the Administrator as
provided by Sec. 62.16724(d)(2). EPA Method 3, 3A, or 3C of appendix
A-2 of 40 CFR 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 parts-per-million NMOC as carbon
(8 parts-per-million NMOC as hexane), EPA Method 25A should be used in
place of EPA Method 25. EPA Method 18 of appendix A-6 of 40 CFR part 60
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 landfill owner or operator must divide the
NMOC concentration as carbon by 6 to convert the CNMOC as
carbon to CNMOC as hexane. Equation 4 must be used to
calculate efficiency:
[GRAPHIC] [TIFF OMITTED] TR21MY21.007
Where:
NMOCin = Mass of NMOC entering control device.
NMOCout = Mass of NMOC exiting control device.
(1) Performance test submission. Within 60 days after the date of
completing each performance test (as defined inSec. 60.8 of this
chapter), the owner or operator must submit the results of the
performance tests, including any associated fuel analyses, according to
Sec. 62.16724(j)(1).
(2) [Reserved]
Sec. 62.16720 Compliance provisions.
Follow the compliance provisions in this section (as well as the
provisions in Sec. Sec. 62.16716 and 62.16722), or the compliance
provisions in Sec. 63.1960 of this chapter (as well as the provisions
in Sec. Sec. 63.1958 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. 62.16714(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.
[[Page 27777]]
(a) Except as provided in Sec. 62.16724(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. 62.16714(b)(2).
(1) For the purposes of calculating the maximum expected gas
generation flow rate from the landfill to determine compliance with
Sec. 62.16714(b)(2)(i), either Equation 5 or Equation 6 must be used.
The methane generation rate constant (k) and methane generation
potential (Lo) kinetic factors should be those published in the most
recent 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. 62.16718(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] TR21MY21.008
Where:
Qm = Maximum expected gas generation flow rate, cubic
meters per year.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
R = Average annual acceptance rate, megagrams per year.
k = Methane generation rate constant, year-1.
t = Age of the landfill at equipment installation plus the time the
owner or operator intends to use the gas mover equipment or active
life of the landfill, whichever is less. If the equipment is
installed after closure, t is the age of the landfill at
installation, years.
c = Time since closure, years (for an active landfill c = 0 and
e-\kc\ = 1).
(ii) For sites with known year-to-year solid waste acceptance rate:
[GRAPHIC] [TIFF OMITTED] TR21MY21.009
Where:
QM = Maximum expected gas generation flow rate, cubic
meters per year.
k = Methane generation rate constant, year-1.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
Mi = Mass of solid waste in the ith section,
megagrams.
ti = Age of the ith section, years.
(iii) If a collection and control system has been installed, actual
flow data may be used to project the maximum expected gas generation
flow rate instead of, or in conjunction with, 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 paragraphs (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. 62.16714(b)(2)(ii), 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.
62.16714(b)(2)(iii), the owner or operator must measure gauge pressure
in the gas collection header applied to each individual well monthly.
If a positive pressure exists, action must be initiated to correct the
exceedance within 5 calendar days, except for the three conditions
allowed under Sec. 62.16716(b). Any attempted corrective measure must
not cause exceedances of other operational or performance standards.
(i) If negative pressure cannot be achieved without excess air
infiltration within 15 calendar 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 not
later than 60 days after positive pressure was first measured. The
owner or operator must keep records according to Sec. 62.16726(e)(3).
(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. 62.16724(h)(7) as part of the next annual report.
The owner or operator must keep records according to Sec.
62.16726(e)(4).
(iii) 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. 62.16724(h)(7) and (k). The owner or operator must keep
records according to Sec. 62.16726(e)(5).
(4) For the purpose of identifying whether excess air infiltration
into the landfill is occurring, the owner or operator must monitor each
well monthly for temperature as provided in Sec. 62.16716(c). If a
well exceeds the operating parameter for temperature, action must be
initiated to correct the exceedance within 5 calendar days. Any
attempted corrective measure must not cause exceedances of other
operational or performance standards.
(i) If a landfill gas temperature less than 55 degrees Celsius (131
degrees Fahrenheit) cannot be achieved within 15 calendar days of the
first measurement of landfill gas temperature greater than 55 degrees
Celsius (131 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
55 degrees Celsius (131 degrees Fahrenheit) was first measured. The
owner or operator must keep records according to Sec. 62.16726(e)(3).
[[Page 27778]]
(ii) If corrective actions cannot be fully implemented within 60
days following the measurement of landfill gas temperature greater than
55 degrees Celsius (131 degrees Fahrenheit) 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). The owner or
operator must submit the items listed in Sec. 62.16724(h)(7) as part
of the next annual report. The owner or operator must keep records
according to Sec. 62.16726(e)(4).
(iii) 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. 62.16724(h)(7) and Sec. 62.16724(k). The owner or operator
must keep records according to Sec. 62.16726(e)(5).
(5) An owner or operator seeking to demonstrate compliance with
Sec. 62.16714(b)(2)(iv) through the use of a collection system not
conforming to the specifications provided in Sec. 62.16728 must
provide information satisfactory to the Administrator as specified in
Sec. 62.16724(d)(3) demonstrating that off-site migration is being
controlled.
(b) For purposes of compliance with Sec. 62.16716(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.
62.16724(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:
(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. 62.16716(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 no more than 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 40 CFR part 60,
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 parts per million 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.
62.16716(d).
(i) The location of each monitored exceedance must be marked, and
the location and concentration recorded. For location, you must
determine the latitude and longitude coordinates 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 calendar
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 parts-per-million 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 parts-per-million 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 parts-per-million above background three times within a
quarterly period, a new well or other collection device must be
installed within 120 calendar days of the initial exceedance. An
alternative remedy to the exceedance, such as upgrading the blower,
header pipes or control device, and a corresponding timeline for
installation may be submitted to the Administrator for approval.
(5) The owner or operator 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 or Sec. 62.16718(a)(6) 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-7 of 40 CFR part
60, except that ``methane'' replaces all references to ``VOC.''
(2) The calibration gas must be methane, diluted to a nominal
concentration of 500 parts-per-million in air.
(3) To meet the performance evaluation requirements in section 8.1
of EPA Method 21 of appendix A-7 of 40 CFR part 60, the instrument
evaluation procedures of section 8.1 of EPA Method 21 of appendix A-7
of 40 CFR part 60 must be used.
(4) The calibration procedures provided in sections 8 and 10 of EPA
Method 21 of appendix A-7 of 40 CFR part 60 must be followed
immediately before commencing a surface monitoring survey.
(e) The provisions of this subpart apply at all times, including
periods of startup, shutdown, or malfunction. During periods of
startup, shutdown, and malfunction, you must comply with the work
practice specified in Sec. 62.16716(e) in lieu of the compliance
provisions in Sec. 62.16720.
Sec. 62.16722 Monitoring of operations.
Follow the monitoring provisions in this section (as well as the
provisions in Sec. Sec. 62.16716 and 62.16720), except as provided in
Sec. 62.16724(d)(2), or the monitoring provisions in Sec. 63.1961 of
this chapter (as well as the provisions in Sec. Sec. 63.1958 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
[[Page 27779]]
to comply with the provisions of Sec. 62.16714(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.
(a) Each owner or operator seeking to comply with Sec.
62.16714(b)(2) 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. 62.16720(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 of 40 CFR part 60, unless an alternative test method is
established as allowed by Sec. 62.16724(d)(2).
(ii) Unless an alternative test method is established as allowed by
Sec. 62.16724(d)(2), the oxygen level must be determined by an oxygen
meter using EPA Method 3A of appendix A-7 of 40 CFR part 60, EPA Method
3C of appendix A-7 of 40 CFR part 60, or ASTM D6522-11. Determine the
oxygen level by an oxygen meter using EPA Method 3A, 3C, 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;
(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 or ASTM D6522-11.
(3) Monitor temperature of the landfill gas on a monthly basis as
provided in Sec. 62.16720(a)(4). The temperature measuring device must
be calibrated annually using the procedure in 40 CFR part 60, appendix
A-1, EPA Method 2, section 10.3.
(b) Each owner or operator seeking to comply with Sec. 62.16714(c)
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. 62.16714(c)
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.
(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 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. 62.16714(c) 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. 62.16724(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. 62.16728 or seeking to
monitor alternative parameters to those required by Sec. 62.16716
through Sec. 62.16722 must provide information satisfactory to the
Administrator as provided in Sec. 62.16724(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 parts-per-million surface methane operational standard in Sec.
62.16716(d) must monitor surface concentrations of methane according to
the procedures provided in Sec. 62.16720(c) and the instrument
specifications in Sec. 62.16720(d). Any closed landfill that has no
monitored exceedances of the operational standard in three consecutive
quarterly monitoring periods may skip to annual monitoring. Any methane
reading of 500 parts-per-million 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
the control system requirements in Sec. 62.16714(c) using a landfill
gas treatment system 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.
62.16726(b)(5)(ii) and 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).
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.
[[Page 27780]]
(h) The monitoring requirements of paragraphs (b), (c), (d), and
(g) of this section apply at all times the designated facility 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.
(i) Incorporation by reference required material.
(1) The material required by this section was approved for
incorporation by reference into this section by the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You may
inspect approved material at the EPA Docket Center, WJC West Building,
Room Number 3334, 1301 Constitution Ave. NW, Washington, DC, (202) 566-
1744, Docket ID No. EPA-HQ-OAR-2019-0338 and obtain it from the
source(s) listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, email [email protected],
or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
(2) ASTM International, 100 Barr Harbor Drive, P.O. Box CB700, West
Conshohocken, Pennsylvania 19428-2959, (800) 262-1373, www.astm.org.
(i) 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.
(ii) [Reserved]
Sec. 62.16724 Reporting guidelines.
Follow the reporting provisions listed in this section, as
applicable, except as provided under 40 CFR 60.24 and Sec. Sec.
62.16711(g), (h), and 62.16724(d)(2).
(a) Design capacity report. Submit the initial design capacity
report no later than September 20, 2021. The initial design capacity
report must contain the following information:
(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 megagrams or cubic meters 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
megagrams or 2.5 million cubic meters, 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, local, or tribal agency or the 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 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
megagrams and 2.5 million cubic meters. 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. 62.16726(f).
(c) NMOC emission rate report. For existing MSW landfills covered
by this subpart with a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters, the NMOC emission rate
report must be submitted following the procedure specified in paragraph
(j)(2) of this section no later than 90 days after the effective date
of this subpart. The NMOC emission rate report must be submitted to the
Administrator annually following the procedure specified in paragraph
(j)(2) of this section, except as provided for in paragraph (c)(3) of
this section. The Administrator may request such additional information
as may be necessary to verify the reported NMOC emission rate.
(1) The NMOC emission rate report must contain an annual or 5-year
estimate of the NMOC emission rate calculated using the formula and
procedures provided in Sec. 62.16718(a) or (b), as applicable.
(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) If the estimated NMOC emission rate as reported in the annual
report to the Administrator is less than 34 megagrams per year in each
of the next 5 consecutive years, the owner or operator may elect to
submit, following the procedure specified in paragraph (j)(2) of this
section, 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.
(4) 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. 62.16714(b) and (c), during such time as the
collection and control system is in operation and in compliance with
Sec. Sec. 62.16716 and 62.16720.
(d) Collection and control system design plan. The collection and
control system design plan must be prepared and approved by a
professional engineer and must meet the following requirements:
(1) The collection and control system as described in the design
plan must meet the design requirements in Sec. 62.16714(b) and (c).
(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
[[Page 27781]]
of Sec. Sec. 62.16716 through 62.16726 proposed by the owner or
operator.
(3) The collection and control system design plan must either
conform to specifications for active collection systems in Sec.
62.16728 or include a demonstration to the Administrator's satisfaction
of the sufficiency of the alternative provisions to Sec. 62.16728.
(4) Each owner or operator of an MSW landfill having a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters must submit a copy of the collection and control system
design plan cover page that contains the engineer's seal to the
Administrator within 1 year of the first NMOC emission rate report in
which the NMOC emission rate equals or exceeds 34 megagrams per year,
except as follows:
(i) If the owner or operator elects to recalculate the NMOC
emission rate after Tier 2 NMOC sampling and analysis as provided in
Sec. 62.16718(a)(3) and the resulting rate is less than 34 megagrams
per year, annual periodic reporting must be resumed, using the Tier 2
determined site-specific NMOC concentration, until the calculated NMOC
emission rate is equal to or greater than 34 megagrams per year or the
landfill is closed. The revised NMOC emission rate report, with the
recalculated NMOC emission rate based on NMOC sampling and analysis,
must be submitted, following the procedures in paragraph (j)(2) of this
section, within 180 days of the first calculated exceedance of 34
megagrams per year.
(ii) If the owner or operator elects to recalculate the NMOC
emission rate after determining a site-specific methane generation rate
constant k, as provided in Tier 3 in Sec. 62.16718(a)(4), and the
resulting NMOC emission rate is less than 34 megagrams per year, annual
periodic reporting must be resumed. The resulting site-specific methane
generation rate constant k must be used in the NMOC emission rate
calculation until such time as the emissions rate calculation results
in an exceedance. The revised NMOC emission rate report based on the
provisions of Sec. 62.16718(a)(4) and the resulting site-specific
methane generation rate constant k must be submitted, following the
procedure specified in paragraph (j)(2) of this section, to the
Administrator within 1 year of the first calculated NMOC emission rate
equaling or exceeding 34 megagrams per year.
(iii) If the owner or operator elects to demonstrate that site-
specific surface methane emissions are below 500 parts-per-million
methane, based on the provisions of Sec. 62.16718(a)(6), then the
owner or operator must submit annually a Tier 4 surface emissions
report as specified in this paragraph following the procedure specified
in paragraph (j)(2) of this section until a surface emissions reading
of 500 parts-per-million methane or greater is found. If the Tier 4
surface emissions report shows no surface emissions readings of 500
parts-per-million methane or greater for four consecutive quarters at a
closed landfill, then the landfill owner or operator may reduce Tier 4
monitoring from a quarterly to an annual frequency. The Administrator
may request such additional information as may be necessary to verify
the reported instantaneous surface emission readings. The Tier 4
surface emissions report must clearly identify the location, date and
time (to the nearest second), average wind speeds including wind gusts,
and reading (in parts-per-million) of any value 500 parts-per-million
methane or greater, other than non-repeatable, momentary readings. For
location, you must determine the latitude and longitude coordinates
using an instrument with an accuracy of at least 4 meters. The
coordinates must be in decimal degrees with at least five decimal
places. The Tier 4 surface emission report should also include the
results of the most recent Tier 1 and Tier 2 results in order to verify
that the landfill does not exceed 50 megagrams per year of NMOC.
(A) The initial Tier 4 surface emissions report must be submitted
annually, starting within 30 days of completing the fourth quarter of
Tier 4 SEM that demonstrates that site-specific surface methane
emissions are below 500 parts-per-million methane, and following the
procedure specified in paragraph (j)(2) of this section
(B) The Tier 4 surface emissions rate report must be submitted
within 1 year of the first measured surface exceedance of 500 parts-
per-million methane, following the procedure specified in paragraph
(j)(2) of this section.
(iv) If the landfill is in the closed landfill subcategory, the
owner or operator is exempt from submitting a collection and control
system design plan to the Administrator provided that conditions in
Sec. 62.16711(g)(3) are met. If not, the owner or operator shall
follow the submission procedures and timing in Sec. 62.16724(d)(ii)
and (iii) using a level of 50 Mg/yr instead of 34 Mg/yr.
(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 (c)(6) of this section. However, if the Administrator
indicates that submission is not required or does not respond within 90
days, the landfill owner or operator can continue to implement the plan
with the recognition that the owner or operator is proceeding at their
own risk. 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. If the Administrator does
not approve or disapprove the design plan, or does not request that
additional information be submitted within 90 days of receipt, then the
owner or operator may continue with implementation of the design plan,
recognizing they would be proceeding at their own risk.
(7) If the owner or operator chooses to demonstrate compliance with
the emission control requirements of this subpart using a treatment
system as defined in this subpart, then the owner or operator must
prepare a site-specific treatment system monitoring plan as specified
in Sec. 62.16726(b)(5). Legacy controlled landfills must prepare the
monitoring plan no later than May 23, 2022.
(e) Revised design plan. The owner or operator who has already been
required to submit a design plan under paragraph (d) of this section,
or under subpart GGG of this part; 40 CFR part 60, subpart WWW; or a
state plan implementing subpart Cc of 40 CFR part 60, 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
[[Page 27782]]
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
ceasing waste acceptance. The Administrator may request additional
information as may be necessary to verify that permanent closure has
taken place in accordance with the requirements of 40 CFR 258.60. If a
closure report has been submitted to the Administrator, no additional
wastes may be placed into the landfill without filing a notification of
modification as described under 40 CFR 60.7(a)(4).
(g) Equipment removal report. 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) The equipment removal report must contain the following items:
(i) A copy of the closure report submitted in accordance with
paragraph (f) of this section; and
(ii) A copy of the initial performance test report demonstrating
that the 15-year minimum control period has expired, unless the report
of the results of the performance test has been submitted to the EPA
via the EPA's Central Data Exchange (CDX), 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 CDX; and
(iii) Dated copies of three successive NMOC emission rate reports
demonstrating that the landfill is no longer producing 34 megagrams or
greater of NMOC per year, unless the NMOC emission rate reports have
been submitted to the EPA via the EPA's CDX. 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; or
(iv) For the closed landfill subcategory, dated copies of three
successive NMOC emission rate reports demonstrating that the landfill
is no longer producing 50 megagrams or greater of NMOC per year, unless
the NMOC emission rate reports have been submitted to the EPA via the
EPA's CDX. 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. 62.16714(f) have been met.
(h) Annual report. The owner or operator of a landfill seeking to
comply with Sec. 62.16714(e)(2) using an active collection system
designed in accordance with Sec. 62.16714(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 except for legacy controlled
landfills that have already submitted an initial report under 40 CFR
part 60, subpart WWW; subpart GGG of this part; or a state plan
implementing 40 CFR part 60, subpart Cc. Except for legacy controlled
landfills, the initial annual report must include the initial
performance test report required under 40 CFR 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. Legacy controlled landfills are
exempted from submitting performance test reports in EPA's CDX provided
that those reports were submitted under 40 CFR part 60, subpart WWW;
subpart GGG of this part; or a state plan implementing 40 CFR part 60,
subpart Cc. 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.
62.16726(c)(1). Legacy controlled landfills are required to submit the
annual report no later than one year after the most recent annual
report submitted. If complying with the operational provisions of
Sec. Sec. 63.1958, 63.1960, and 63.1961 of this chapter, as allowed at
Sec. Sec. 62.16716, 62.16720, and 62.16722, the owner or operator must
follow the semi-annual reporting requirements in Sec. 63.1981(h) of
this chapter in lieu of this paragraph.
(1) Value and length of time for exceedance of applicable
parameters monitored under Sec. 62.16722(a)(1), (b), (c), (d), and
(g).
(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.
62.16722.
(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 parts-per-million
methane concentration as provided in Sec. 62.16716(d) and the
concentration recorded at each location for which an exceedance was
recorded in the previous month. For location, you must determine the
latitude and longitude coordinates 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. 62.16720(a)(3),
(4), (b), and (c)(4).
(7) For any corrective action analysis for which corrective actions
are required in Sec. 62.16720(a)(3) or (4) 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.
(i) Initial performance test report. Each owner or operator seeking
to comply with Sec. 62.16714(c) must include the following information
with the initial performance test report required under 40 CFR 60.8 of
this chapter:
(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
[[Page 27783]]
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) Electronic reporting. The owner or operator must submit reports
electronically according to paragraphs (j)(1) and (2) of this section.
(1) Within 60 days after the date of completing each performance
test (as defined in 40 CFR 60.8 of this chapter), the owner or operator
must submit the results of each performance test according to the
following procedures:
(i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the
test, you must submit the results of the performance test to the EPA
via the Compliance and Emissions Data Reporting Interface (CEDRI). The
CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov/).
Performance test data must be submitted in a file format generated
through the use of the EPA's ERT or an alternative file format
consistent with the extensible markup language (XML) schema listed on
the EPA's ERT website, once the XML schema is available. If you claim
that some of the performance test information being submitted is
confidential business information (CBI), you must submit a complete
file 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, including information claimed to be CBI, on a compact disc,
flash drive, or other commonly used electronic storage media to the
EPA. The electronic media must be clearly marked as CBI and mailed 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
ERT or alternate file with the CBI omitted must be submitted to the EPA
via the EPA's CDX as described earlier in this paragraph.
(ii) For 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, you must submit the results of the performance test to the
Administrator at the appropriate address listed in 40 CFR 60.4 of this
chapter.
(2) Each owner or operator required to submit reports following the
procedure specified in this paragraph must submit reports to the EPA
via the 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://www3.epa.gov/ttn/chief/cedri/index.html). If the reporting form specific to this subpart is
not available in CEDRI at the time that the report is due, the owner or
operator must submit the report to the Administrator at the appropriate
address listed in 40 CFR 60.4 of this chapter. Once the form has been
available in CEDRI for 90 calendar 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.
(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 40 CFR
63.1958, 63.1960, and 63.1961 of this chapter, as allowed at Sec. Sec.
62.16716, 62.16720, and 62.16722, 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.
(1) For corrective action that is required according to Sec.
62.16720(a)(3)(iii) or 62.16720(a)(4)(iii) 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 55 degrees Celsius
(131 degrees Fahrenheit) or above. The Administrator must approve the
plan for corrective action and the corresponding timeline.
(2) For corrective action that is required according to Sec.
62.16720(a)(3)(iii) or Sec. 62.16720(a)(4)(iii) 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.
(l) Liquids addition. The owner or operator of a designated
facility with a design capacity equal to or greater than 2.5 million
megagrams and 2.5 million cubic meters that has employed leachate
recirculation or added liquids based on a Research, Development, and
Demonstration permit (issued through Resource Conservation and Recovery
Act (RCRA), subtitle D, part 258) within the last 10 years must submit
to the Administrator, annually, following the procedure specified in
paragraph (j)(2) of this section, the following information:
(1) Volume of leachate recirculated (gallons per year) and the
reported basis of those estimates (records or engineering estimates).
(2) Total volume of all other liquids added (gallons per year) and
the reported basis of those estimates (records or engineering
estimates).
(3) Surface area (acres) over which the leachate is recirculated
(or otherwise applied).
(4) Surface area (acres) over which any other liquids are applied.
(5) The total waste disposed (megagrams) in the areas with
recirculated leachate and/or added liquids based on on-site records to
the extent data are available, or engineering estimates and the
reported basis of those estimates.
(6) The annual waste acceptance rates (megagrams per year) in the
areas with recirculated leachate and/or added liquids, based on on-site
records to the extent data are available, or engineering estimates.
(7) The initial report must contain items in paragraph (l)(1)
through (6) of this section per year for the most recent 365 days as
well as for each of the previous 10 years, to the extent historical
data are available in on-site records, and the report must be submitted
no later than June 21, 2022.
(8) Subsequent annual reports must contain items in paragraph
(l)(1) through (6) of this section for the 365-day period following the
365-day period included in the previous annual report, and the report
must be submitted no later than 365 days after the date the previous
report was submitted.
(9) Landfills in the closed landfill subcategory are exempt from
reporting
[[Page 27784]]
requirements contained in paragraphs (l)(1) through (7) of this
section.
(10) Landfills may cease annual reporting of items in paragraphs
(l)(1) through (6) of this section once they have submitted the closure
report in Sec. 62.16724(f).
(m) Tier 4 notification. (1) The owner or operator of a designated
facility with a design capacity equal to or greater than 2.5 million
megagrams and 2.5 million cubic meters must provide a notification of
the date(s) upon which it intends to demonstrate site-specific surface
methane emissions are below 500 parts-per-million methane, based on the
Tier 4 provisions of Sec. 62.16718(a)(6). The landfill must also
include a description of the wind barrier to be used during the SEM in
the notification. Notification must be postmarked not less than 30 days
prior to such date.
(2) If there is a delay to the scheduled Tier 4 SEM date due to
weather conditions, including not meeting the wind requirements in
Sec. 62.16718(a)(6)(A), the owner or operator of a landfill shall
notify the Administrator by email or telephone no later than 48 hours
before any known delay in the original test date, and arrange an
updated date with the Administrator by mutual agreement.
(n) Notification of meeting Tier 4. The owner or operator of a
designated facility must submit a notification to the EPA Regional
office within 10 business days of completing each increment of
progress. Each notification must indicate which increment of progress
specified in Sec. 62.16712 has been achieved. The notification must be
signed by the owner or operator of the landfill.
(1) For the first increment of progress (submit control plan), you
must follow paragraph (p) of this section in addition to submitting the
notification described in paragraph (n) of this section. A copy of the
design plan must also be kept on site at the landfill.
(2) For the second increment of progress, a signed copy of the
contract(s) awarded must be submitted in addition to the notification
described in paragraph (n) of this section.
(o) Notification of failing to meet an increment of progress. The
owner or operator of a designated facility who fails to meet any
increment of progress specified in Sec. 62.16712(a)(1) through (5)
according to the applicable schedule in Sec. 62.16712 must submit
notification that the owner or operator failed to meet the increment to
the EPA Regional office within 10 business days of the applicable date
in Sec. 62.16712.
(p) Alternate dates for increments 2 and 3. The owner or operator
(or the state or tribal air pollution control authority) that is
submitting alternative dates for increments 2 and 3 according to Sec.
62.16712(d) must do so by the date specified for submitting the final
control plan. The date for submitting the final control plan is
specified in Sec. 62.16712(c), as applicable. The owner or operator
(or the state or tribal air pollution control authority) must submit a
justification if any of the alternative dates are later than the
increment dates in table 1 of this subpart. In addition to submitting
the alternative dates to the appropriate EPA Regional office, the owner
or operator must also submit the alternative dates to the state or
tribe.
(q) 24-hour high temperature report. 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. 62.16716,
62.16720, and 62.16722, must submit the 24-hour high temperature report
according to Sec. 63.1981(k) of this chapter.
Sec. 62.16726 Recordkeeping guidelines.
Follow the recordkeeping provisions in this section.
(a) Except as provided in Sec. 62.16724(d)(2), each owner or
operator of an MSW landfill subject to the provisions of Sec.
62.16714(e) must keep for at least 5 years up-to-date, readily
accessible, on-site records of the design capacity report that
triggered Sec. 62.16714(e), 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. 62.16724(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. 62.16714(b):
(i) The maximum expected gas generation flow rate as calculated in
Sec. 62.16720(a)(1). 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.
(ii) The density of wells, horizontal collectors, surface
collectors, or other gas extraction devices determined using the
procedures specified in Sec. 62.16728(a)(1).
(2) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec. 62.16714(c) 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.
62.16714(c)(2) achieved by the control device.
(3) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec. 62.16714(c)(2)(i)
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. 62.16714(c)(1)
through use of a non-enclosed flare, the flare type (i.e., steam-
assisted, air-assisted, or non-assisted), 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 40 CFR 60.18 of this chapter; and
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. 62.16714(c)(3)
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. 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
[[Page 27785]]
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) Identify who is responsible (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.
(c) Except as provided in Sec. 62.16724(d)(2), each owner or
operator of a controlled landfill subject to the 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. 62.16722 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. 62.16724:
(i) For enclosed combustors except for boilers and process heaters
with design heat input capacity of 44 megawatts (150 million British
thermal unit per hour) or greater, all 3-hour periods of operation
during which the average 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.
62.16714(c) 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.
62.16722.
(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. 62.16714(c)
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. 62.16722(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. 62.16714(e) using an active collection system designed in
accordance with Sec. 62.16714(b) must keep records of periods when the
collection system or control device is not operating.
(d) Except as provided in Sec. 62.16724(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 on each collector that
matches the labeling on the plot map.
(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. 62.16720(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.
62.16728(a)(3)(i) as well as any nonproductive areas excluded from
collection as provided in Sec. 62.16728(a)(3)(ii).
(e) Except as provided in Sec. 62.16724(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.
62.16716, 62.16720, and 62.16722, 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.
(1) All collection and control system exceedances of the
operational standards in Sec. 62.16716, 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 provisions of this
subpart must also keep records of each wellhead temperature monitoring
value of 55 degrees Celsius (131 degrees Fahrenheit) or above, each
wellhead nitrogen level at or above 20 percent, and each wellhead
oxygen level at or above 5 percent.
(3) For any root cause analysis for which corrective actions are
required in Sec. 62.16720(a)(3) or Sec. 62.16720(a)(4), 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. 62.16720(a)(3)(ii) or Sec. 62.16720(a)(4)(ii), 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, 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. 62.16720(a)(3)(iii) or Sec. 62.16720(a)(4)(iii),
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 regulatory agency.
(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. 62.16716, 62.16720, and 62.16722, 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 of this
chapter.
(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 megagrams or 2.5 million cubic
meters, 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
[[Page 27786]]
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) Landfill owners or operators seeking to demonstrate that site-
specific surface methane emissions are below 500 parts-per-million by
conducting SEM under the Tier 4 procedures specified in Sec.
62.16718(a)(6) must keep for at least 5 years up-to-date, readily
accessible records of all SEM and information related to monitoring
instrument calibrations conducted according to sections 8 and 10 of EPA
Method 21 of appendix A-7 of 40 CFR part 60 of this chapter, including
all of the following items:
(1) Calibration records.
(i) Date of calibration and initials of operator performing the
calibration.
(ii) Calibration gas cylinder identification, certification date,
and certified concentration.
(iii) Instrument scale(s) used.
(iv) A description of any corrective action taken if the meter
readout could not be adjusted to correspond to the calibration gas
value.
(v) If an owner or operator makes their own calibration gas, a
description of the procedure used.
(2) Digital photographs of the instrument setup. The photographs
must be time and date-stamped and taken at the first sampling location
prior to sampling and at the last sampling location after sampling at
the end of each sampling day, for the duration of the Tier 4 monitoring
demonstration.
(3) Timestamp of each surface scan reading.
(i) Timestamp should be detailed to the nearest second, based on
when the sample collection begins.
(ii) A log for the length of time each sample was taken using a
stopwatch (e.g., the time the probe was held over the area).
(4) Location of each surface scan reading. The owner or operator
must determine the coordinates using an instrument with an accuracy of
at least 4 meters. Coordinates must be in decimal degrees with at least
five decimal places.
(5) Monitored methane concentration (parts per million) of each
reading.
(6) Background methane concentration (parts per million) after each
instrument calibration test.
(7) Adjusted methane concentration using most recent calibration
(parts-per-million).
(8) For readings taken at each surface penetration, the unique
identification location label matching the label specified in paragraph
(d) of this section.
(9) Records of the operating hours of the gas collection system for
each destruction device.
(h) Except as provided in Sec. 62.16724(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.
62.16722(a)(1), (2), and (3).
(i) Any records required to be maintained by this subpart that are
submitted electronically via the EPA's CDX may be maintained in
electronic format.
(j) For each owner or operator reporting leachate or other liquids
addition under Sec. 62.16724(l), keep records of any engineering
calculations or company records used to estimate the quantities of
leachate or liquids added, the surface areas for which the leachate or
liquids were applied, and the estimates of annual waste acceptance or
total waste in place in the areas where leachate or liquids were
applied.
Sec. 62.16728 Specifications for active collection systems.
Follow the specifications for active collection systems in this
section.
(a) Each owner or operator seeking to comply with Sec. 62.16714(b)
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.
(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.
62.16726(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 27787]]
[GRAPHIC] [TIFF OMITTED] TR21MY21.010
Where:
Qi = NMOC emission rate from the ith section, megagrams
per year.
k = Methane generation rate constant, year -\1\.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
Mi = Mass of the degradable solid waste in the ith
section, megagram.
ti = Age of the solid waste in the ith section, years.
CNMOC = Concentration of NMOC, parts-per-million by
volume.
3.6 x 10-\9\ = Conversion factor.
(B) If the owner or 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. 62.16718 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. 62.16718 or the alternative values
from Sec. 62.16718 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. 62.16714(b)
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. 62.16714(c)
must convey the landfill gas to a control system in compliance with
Sec. 62.16714(c) 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 exist, 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. 62.16720(a)(1).
Sec. 62.16730 Definitions.
Terms used but not defined in this subpart have the meaning given
them in the Clean Air Act and in subparts A and B of 40 CFR part 60 of
this chapter.
Achieve final compliance means to connect and operate the
collection and control system as specified in the final control plan.
Within 180 days after the date the landfill is required to achieve
final compliance, the initial performance test must be conducted.
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.
Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or the
Administrator of a state air pollution control agency.
Award contract means the MSW landfill owner or operator enters into
legally binding agreements or contractual obligations that cannot be
canceled or modified without substantial financial loss to the MSW
landfill owner or operator. The MSW landfill owner or operator may
award a number of contracts to install the collection and control
system. To meet this increment of progress, the MSW landfill owner or
operator must award a contract or contracts to initiate on-site
construction or installation of the collection and control system.
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
40 CFR 60.7(a)(4) of this chapter. Once a notification of modification
has been filed, and additional solid waste is placed in the landfill,
the landfill is no longer closed.
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 subcategory means a closed landfill that has
submitted a closure report as specified in Sec. 62.16724(f) on or
before September 27, 2017.
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.
Complete on-site construction means that all necessary collection
system components and air pollution control devices identified in the
final control
[[Page 27788]]
plan are on site, in place, and ready for operation.
Controlled landfill means any landfill at which collection and
control systems are required under this subpart as a result of the NMOC
emission rate. The landfill is considered controlled at the time a
collection and control system design plan is prepared in compliance
with Sec. 62.16714(e)(2). Controlled landfills also includes those
landfills that meet the definition of legacy controlled landfills, as
defined in this subpart.
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.
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 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 megagrams or
2.5 million cubic meters, the calculation must include a site-specific
density, which must be recalculated annually.
Disposal facility means all contiguous land and structures, other
appurtenances, and improvements on the land used for the disposal of
solid waste.
Emission rate cutoff means the threshold annual emission rate to
which a landfill compares its estimated emission rate to determine if
control under the regulation is required.
Enclosed combustor means an enclosed firebox which maintains a
relatively constant limited peak temperature generally using a limited
supply of combustion air. An enclosed flare is considered an enclosed
combustor.
EPA approved state plan means a state plan that EPA has approved
based on the requirements in 40 CFR part 60, subpart B or Ba to
implement and enforce 40 CFR part 60, subpart Cf. An approved state
plan becomes effective on the date specified in the document published
in the Federal Register announcing EPA's approval.
Flare means an open combustor without enclosure or shroud.
Final control plan (Collection and control system design plan)
means a plan that describes the collection and control system that will
capture the gas generated within an MSW landfill. The collection and
control system design plan must be prepared by a professional engineer
and must describe a collection and control system that meets the
requirements of Sec. 62.1614(b) and (c). The final control plan must
contain engineering specifications and drawings of the collection and
control system. The final control plan must include any alternatives to
the operational standards, test methods, procedures, compliance
measures, monitoring, recordkeeping, or reporting provisions of
Sec. Sec. 62.16716 through 62.16726 proposed by the owner or operator.
The final control plan must either conform with the specifications for
active collection systems in Sec. 62.16728 or include a demonstration
that shows that based on the size of the landfill and the amount of
waste expected to be accepted, the system is sized properly to collect
the gas, control emissions of NMOC to the required level and meet the
operational standards for a landfill.
Gas mover equipment means the equipment (i.e., fan, blower,
compressor) used to transport landfill gas through the header system.
Gust means the highest instantaneous wind speed that occurs over a
3-second running average.
Indian Country means all land within the limits of any Indian
reservation under the jurisdiction of the United States government,
notwithstanding the issuance of any patent, and including rights-of-way
running through the reservation; all dependent Indian communities
within the borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or without
the limits of a state; and all Indian allotments, the Indian titles to
which have not been extinguished, including rights-of-way running
through the same.
Initiate on-site construction means to begin any of the following:
Installation of the collection and control system to be used to comply
with the emission limits as outlined in the final control plan;
physical preparation necessary for the installation of the collection
and control system to be used to comply with the final emission limits
as outlined in the final control plan; or, alteration of an existing
collection and control system to be used to comply with the final
emission limits as outlined in the final control plan.
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 RCRA, parts 264 and 265 of this chapter. 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 title.
Lateral expansion means a horizontal expansion of the waste
boundaries of an existing MSW landfill. A lateral expansion is not a
modification unless it results in an increase in the design capacity of
the landfill.
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.
[[Page 27789]]
Legacy controlled landfill means any MSW landfill subject to this
subpart that submitted a collection and control system design plan
prior to May 21, 2021 in compliance with Sec. 60.752(b)(2)(i) of this
chapter, the Federal plan at subpart GGG of this part, or a state/
tribal plan implementing 40 CFR part 60, subpart Cc of this chapter,
depending on which regulation was applicable to the landfill. This
definition applies to those landfills that completed construction and
began operations of the GCCS and those that are within the 30-month
timeline for installation and start-up of a GCCS according to Sec.
60.752(b)(2)(ii) of this chapter, the Federal plan at subpart GGG of
this part, or a state/tribal plan implementing 40 CFR part 60, subpart
Cc.
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 as of July 17, 2014. 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 title) such as
commercial solid waste, nonhazardous sludge, conditionally exempt small
quantity generator waste, and industrial solid waste. Portions of an
MSW landfill may be separated by access roads. An MSW landfill may be
publicly or privately owned. An MSW landfill may be a new MSW landfill,
an existing MSW landfill, or a lateral expansion.
Municipal solid waste landfill emissions or MSW landfill emissions
means gas generated by the decomposition of organic waste deposited in
an MSW landfill or derived from the evolution of organic compounds in
the waste.
NMOC means nonmethane organic compounds, as measured according to
the provisions of Sec. 62.16718.
Negative declaration letter means a letter to EPA declaring that
there are no existing MSW landfills in the state or that there are no
existing MSW landfills in the state that must install collection and
control systems according to the requirements of 40 CFR part 60,
subpart Cf.
Nondegradable waste means any waste that does not decompose through
chemical breakdown or microbiological activity. Examples are, but are
not limited to, concrete, municipal waste combustor ash, and metals.
Passive collection system means a gas collection system that solely
uses positive pressure within the landfill to move the gas rather than
using gas mover equipment.
Protectorate means American Samoa, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, the Northern Mariana Islands, and the
Virgin Islands.
Root cause analysis means an assessment conducted through a process
of investigation to determine the primary cause, and any other
contributing causes, of positive pressure at a wellhead.
Sludge means the term sludge as defined in 40 CFR 258.2.
Solid waste means the term solid waste as defined in 40 CFR 258.2.
State means any of the 50 United States and the protectorates of
the United States.
State plan means a plan submitted pursuant to section 111(d) of the
Clean Air Act and subpart B of part 60 of this chapter that implements
and enforces subpart Cf of 40 CFR part 60 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 part.
Sufficient extraction rate means a rate sufficient to maintain a
negative pressure at all wellheads in the collection system without
causing air infiltration, including any wellheads connected to the
system as a result of expansion or excess surface emissions, for the
life of the blower.
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.
Tribal plan means a plan submitted by a Tribal Authority pursuant
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40
CFR part 60, subpart Cf.
Untreated landfill gas means any landfill gas that is not treated
landfill gas.
Table 1 to Subpart OOO of Part 62--Generic Compliance Schedule and Increments of Progress
----------------------------------------------------------------------------------------------------------------
Date if using tiers 1, 2, Date if a legacy
Increment or 3 Date if using tier 4 controlled landfill
----------------------------------------------------------------------------------------------------------------
Increment 1--Submit cover page of 1 year after initial NMOC 1 year after the first 1 year after the first
final control plan. emission rate report or measured concentration NMOC emission rate
the first annual of methane of 500 parts report or the first
emission rate report per million or greater annual emission rate
showing NMOC emissions from the surface of the report showing NMOC
>=34 megagrams per landfill. emissions >=50
year.\1\. megagrams per year
submitted under a
previous regulation.\2\
Increment 2--Award Contracts..... 20 months after initial 20 months after the most 20 months after the most
NMOC emission rate recent NMOC emission recent NMOC emission
report or the first rate report showing rate report showing
annual emission rate NMOC emissions >=34 NMOC emissions >=50
report showing NMOC megagrams per year. megagrams per year
emissions >=34 megagrams submitted under a
per year.\1\. previous regulation.\2\
Increment 3--Begin on-site 24 months after initial 24 months after the most 24 months after the most
construction. NMOC emission rate recent NMOC emission recent NMOC emission
report or the first rate report showing rate report showing
annual emission rate NMOC emissions >=34 NMOC emissions >=50
report showing NMOC megagrams per year. megagrams per year
emissions >=34 megagrams submitted under a
per year.\1\. previous regulation.\2\
Increment 4--Complete on-site 30 months after initial 30 months after the most 30 months after the
construction. NMOC emission rate recent NMOC emission first NMOC emission
report or the first rate report showing rate report or the
annual emission rate NMOC emissions >=34 first annual emission
report showing NMOC megagrams per year. rate report showing
emissions >=34 megagrams NMOC emissions >=50
per year.\1\. megagrams submitted
under a previous
regulation.
[[Page 27790]]
Increment 5--Final compliance.... 30 months after initial 30 months after the most 30 months after the
NMOC emission rate recent NMOC emission first NMOC emission
report or the first rate report showing rate report or the
annual emission rate NMOC emissions >=34 first annual emission
report showing NMOC megagrams per year. rate report showing
emissions >=34 megagrams NMOC emissions >=50
per year.\1\. megagrams submitted
under a previous
regulation.\2\
----------------------------------------------------------------------------------------------------------------
\1\ 50 megagrams per year NMOC for the closed landfill subcategory.
\2\ Previous regulation refers to 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan
implementing 40 CFR part 60, subpart Cc. Increments of progress that have already been completed under
previous regulations do not have to be completed again under this subpart.
[FR Doc. 2021-10109 Filed 5-20-21; 8:45 am]
BILLING CODE 6560-50-P