United States Office of Air Quality EPA-456R/98-009

Environmental Protection Planning and Standards November 1998

Agency Research Triangle Park, NC 27711

Air

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> Municipal Solid Waste Landfills, Volume 2:

Summary of the Requirements for

Section 111(d) State Plans for Implementing

> the Municipal Solid Waste Landfills Emission Guidelines

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**Municipal Solid Waste Landfills, Volume 2:**

**Summary of the Requirements for Section 111(d)**

**State Plans for Implementing the**

**Municipal Solid Waste Landfill**

**Emission Guidelines**

**EPA-456/R-98-009**

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

Research Triangle Park, North Carolina 27711

November 1998

**ABSTRACT**

This guidance document explains the State plan development and approval
process, and explains the regulations developed under the Clean Air Act
(CAA) as they apply to municipal solid waste (MSW) landfills. The CAA
requires States to adopt and submit a State plan to implement the
Emission Guidelines developed under the CAA. This document discusses the
regulations developed under Section 111(d) of the Clean Air Act,
focusing on Subpart Cc, Emission Guidelines for existing MSW landfills;
and Subpart B, Adoption and Submittal of State plans for designated
facilities. In addition, the document outlines and explains the required
content of State plans, outlines the timeline and responsibilities for
developing and submitting State plans, and answers general questions
about how to prepare State plans. The appendices include reference
materials States may need when developing State plans. For example,
copies of relevant regulations, policy memos, procedures for estimating
emissions, and a list of MSW landfill rule contacts who can assist in
developing the State plan are included. This volume is one of a series
of documents designed to assist States, EPA regional offices, and MSW
landfill owners and operators in implementing the New Source Performance
Standards (NSPS) and Emission Guidelines. Full references to all related
documents are provided in the Executive Summary.

**Municipal Solid Waste Landfills, Volume 2:**

**Summary of the Requirements for Section 111(d)**

**State Plans for Implementing the**

**Municipal Solid Waste Landfills**

**Emission Guidelines**

**EPA-456/R-98-009**

Available at:

\(1\) U.S. Environmental Protection Agency

401 M Street, SW

Washington, DC 20460

> Air and Radiation Docket and Information Center

Room M-1500 Waterside Mall, Ground Floor

Phone: 202-260-7548

Docket Number: A-88-09

Item number: II-B-54

\(2\) U.S. Environmental Protection Agency

Regional Office Libraries (Regions I-X)

(see Appendix C for Addresses)

\(3\) U.S. Environmental Protection Agency

EPA Technology Transfer Network Website (TTN Web)

> Unified Air Toxics Website: Rule and Implementation Information for
> Standards of Performance for Municipal Solid Waste Landfills
> http://www.epa.gov/ttn/uatw/landfill/landflpg.html
>
> or

Office of Air Policy and Guidance (OAR P&G)

> http://www.epa.gov/ttn/oarpg

The file is located under:

Actions Sorted by CAA Title

Title I

Policy and Guidance Memos.

**TABLE OF CONTENTS**

**[Section]{.underline} [Page]{.underline}**

ABSTRACT iii

EXECUTIVE SUMMARY 1

> Background 1
>
> State Plan Content 2
>
> Schedule 4
>
> Related Documents 4

1.0 INTRODUCTION 1-1

> 1.1 Organization of this Document 1-2
>
> 1.2 Clean Air Act Requirements 1-3
>
> 1.3 Indian Tribes and State Plans 1-4
>
> 1.4 MSW Landfills Covered by State Plans 1-4
>
> 1.5 Requirements for State Plans 1-6
>
> 1.6 Relationship Between the Section 111(d) State Plan and SIP 1-7

2.0 SCHEDULE AND RESPONSIBILITIES 2-1

> 2.1 State Plan Schedule 2-1
>
> 2.2 Responsibilities 2-4
>
> 2.2.1 EPA Responsibilities 2-4
>
> 2.2.2 State Responsibilities 2-5
>
> 2.2.3 Landfill Owners and Operators Responsibilities 2-6

3.0 REQUIRED ELEMENTS OF AN ACCEPTABLE STATE PLAN 3-1

> 3.1 Criteria for an Adequate Enforceable Mechanism 3-2
>
> 3.2 Demonstration of Legal Authority 3-5
>
> 3.3 Source Inventory 3-6
>
> 3.4 Emission Inventory 3-8
>
> 3.4.1 Emission Estimation Procedures 3-8
>
> 3.4.2 Annual Emission Reporting 3-10
>
> 3.5 Emission Standards 3-11
>
> 3.5.1 Allowable Emission Rates and Control Requirements 3-11
>
> 3.6 Process for Review of Design Plans 3-12
>
> 3.7 Compliance Schedules 3-13
>
> 3.7.1 Compliance Times 3-13
>
> 3.7.2 Increments of Progress 3-15
>
> 3.8 Testing, Monitoring, Recordkeeping, and Reporting 3-17
>
> 3.8.1 Requirements of the Emission Guidelines 3-18
>
> 3.8.2 Provisions for Requirements Other Than Those in the Emission
> Guidelines 3-20
>
> 3.9 Public Hearings 3-20
>
> 3.10 State Progress Reports to EPA 3-21
>
> 3.11 State Flexibility 3-23
>
> 3.11.1 Submittal of State Plan 3-23
>
> 3.11.2 Emission Standards 3-23
>
> 3.11.3 Compliance Schedules 3-24

4.0 ANSWERS TO SOME GENERAL QUESTIONS ABOUT SECTION 111(D)

> STATE PLANS 4-1

**Appendices**

A Emission Guideline Fact Sheet (40 CFR 60 Subpart Cc)

B MSW Landfills Implementation Timeline

C State, Regional, and Other Contacts

D Emission Estimation Procedures for State Plan Emissions Inventory

E New Source Review

F Title V Operating Permits White Paper Number 2

G Clean Air Act Section 111(d)

H 40 CFR 60 Subpart B

I 40 CFR 60 Subparts Cc and WWW, Including June 16, 1998 Amendments

J Key Elements of an Acceptable Section 111(d) State Plan

K Memo: Emission Inventory of MSWLF State Plans

**LIST OF FIGURES**

**[Page]{.underline}**

2-1 State Plan Approval Process and Schedule 2-2

**LIST OF TABLES**

**[Page]{.underline}**

1-1 Appendices to this Document 1-3

1-2 Outline of the Emission Guidelines for MSW Landfills

> (40 CFR Part 60, Subpart Cc) 1-5

1-3 Regulations for Adopting and Submitting State Plans

> (40 CFR 60 Subpart B) 1-9

2-1 Suggested Schedule for Section 111(d) State Plans 2-3

3-1 Summary of Requirements for Section 111(d) State Plans 3-3

3-2 Schedule for MSW Landfill Compliance with the

> Emission Guidelines 3-14

**LIST OF ACRONYMS AND ABBREVIATIONS**

AFS Aerometric Emissions Information Retrieval System Facility Subsystem

CAA Clean Air Act (of 1990)

CERCLA Comprehensive Environmental Response, Compensation, and Liability
Act

CFR Code of Federal Regulations

EPA U.S. Environmental Protection Agency

FR [Federal Register]{.underline}

Mg Megagram (2204 lb)

MSW Municipal Solid Waste

MWC Municipal Waste Combustor

NAAQS National Ambient Air Quality Standards

NMOC Non-methane organic compounds

NSPS New Source Performance Standard

NSR New Source Review

SIP State Implementation Plan

TAR Tribal Authority Rule

TTN Web EPA Technology Transfer Network Website

**EXECUTIVE SUMMARY**

This is the second of two guidance documents designed to assist States,
EPA regional offices, and Municipal Solid Waste (MSW) landfill owners
and operators in implementing the New Source Performance Standards
(NSPS) and Emission Guidelines. The NSPS apply to new landfills, whereas
the Emission Guidelines pertain to existing landfills. States must
develop State plans as part of the implementation process for the
Emission Guidelines for existing landfills in their State. Indian Tribes
are not required to submit Tribal plans, but may submit Tribal plans to
implement and enforce the Emission Guidelines in Indian country. The
purpose of this document is to explain the State plan development and
approval process. This volume, \"Municipal Solid Waste Landfills,
Volume 2: Summary of the Requirements for Section 111(d) State plans for
Implementing the Municipal Solid Waste Landfill Emission Guidelines,\"
EPA-456/R-96-005 (MSW Landfills, Volume 2), draws together the relevant
information from the various Federal regulations that affect existing
MSW landfills to give the State regulatory agencies the information they
need to develop State plans. Background information is provided on the
MSW landfills regulations that have been developed under Section 111 of
the Clean Air Act (CAA). States must include specific information in
their State plans and must comply with a specific schedule. The required
content of State plans and the adoption and submittal schedule are
outlined below and are discussed in detail in the body of this guidance
document. The first guidance document, Volume 1, and related documents
that will assist States in developing their plans are briefly discussed
in the section of this Executive Summary entitled \"Related Documents.\"

This document is a revision of the final draft published in
October 1996, EPA-456/R-96-005. It has been revised to reflect the
amendments to the NSPS and Emission Guidelines published on
June 16, 1998 (63 FR 32743) and to update other information.

**[Background]{.underline}**

Air pollution emissions from MSW landfills are regulated by various
federal regulations promulgated to implement the CAA of 1990. This
document addresses the MSW landfills regulations that have been
developed under Section 111 of the CAA. Section 111 of the CAA addresses
Standards of Performance for Stationary Sources.

Federal air pollution rules promulgated in the Code of Federal
Regulations (CFR) that affect MSW landfills include: (1) Emission
Guidelines and Compliance Times for Municipal Solid Waste Landfills
\[Title 40 CFR Part 60, Subpart Cc\]; (2) New Source Performance
Standards for MSW Landfills \[Title 40 CFR Part 60 Subpart WWW\]; and
(3) rules governing the Adoption and Submittal of State plans for
Designated Facilities \[Title 40 CFR Part 60, Subpart B\]. This document
focuses on the Emission Guidelines and the rules governing State plans.
Appendices G and H of this document contain the full text of
Section 111(d) and Subpart B, respectively. Appendix I contains the full
text of Subparts Cc and WWW, including amendments published on June 16,
1998 (63 FR 32743).

The Subpart Cc Emission Guidelines apply to existing MSW landfills.
States with existing MSW landfills must implement the Emission
Guidelines. As part of the implementation effort, States must develop a
State plan and submit it for approval to the U.S. Environmental
Protection Agency (EPA). Together, Subpart B and Subpart Cc specify the
State plan content and the general rules for adopting and submitting
State plans.

State plan requirements for MSW landfills are similar to those for
municipal waste combustor (MWC) units because they are both regulated
under Section 111(d) of the CAA. However, there are differences because
MWC units are regulated under Section 129 of the CAA in addition to
Section 111(d). Section 129 addresses Solid Waste Combustion and does
not apply to MSW landfills; therefore, State plans for MSW landfills
will differ slightly from State plans for MWC units and other
section 129 State plans.

**[State Plan Content]{.underline}**

On March 12, 1996 the EPA adopted (1) Emission Guidelines for existing
MSW landfills and (2) New Source Performance Standards for new MSW
landfills. On June 16, 1998, EPA published a notice to amend, correct
errors, and clarify regulatory text. These amendments did not affect the
due date or the required contents of State plans for existing landfills.
The CAA requires that State regulatory agencies implement the Emission
Guidelines according to a State plan developed under Section 111(d) of
the CAA, and that they submit the State plan to EPA within nine months
of EPA\'s adoption of the Emission Guidelines. The CAA and the Tribal
Authority Rule (TAR) allow, but do not require, Indian Tribes to develop
Tribal plans in the same manner as States if the Indian Tribe meets
criteria outlined in the TAR.

State plans must contain specific information and legal mechanisms
necessary to implement the Emission Guidelines. The minimum requirements
are listed below and are discussed in detail in Section 3 and Appendix
J.

> Identification of enforceable State mechanisms selected by the State
> for implementing the Emission Guidelines;
>
> A demonstration of the State\'s legal authority to carry out the
> Section 111(d) State plan as submitted;
>
> An inventory of existing MSW landfills in the State affected by the
> Emission Guidelines. An existing landfill may be active (currently
> accepting waste or having additional capacity available to accept
> waste) or closed (no longer accepting waste nor having available
> capacity for future waste deposition).
>
> An inventory of emissions from existing MSW landfills in the State
> that are affected by the Emission Guidelines;
>
> Emission standards for existing MSW landfills that are no less
> stringent than those in the Emission Guidelines;[^1]
>
> **A State process, as stipulated in § 60.33c(b) of Subpart Cc, for
> State review and approval of site-specific gas collection and control
> system design plans;**
>
> **Compliance schedules, extending no later than 30 months after the
> date the annual NMOC emission rate reaches or exceeds 50 megagrams
> (Mg) per year;**
>
> **Testing, monitoring, recordkeeping, and reporting requirements;**
>
> **A record of public hearing(s) on the State plan; and**
>
> **Provision for annual State progress reports to EPA on implementation
> of the State plan.**

**[Schedule]{.underline}**

States must adopt and submit a State plan to EPA within nine months
(December 12, 1996) after promulgation of the Emission Guidelines. The
State must make available to the public the State plan implementing the
Emission Guidelines and provide opportunity for discussion of the State
plan in a public hearing prior to submittal to EPA. EPA then has four
months (April 12, 1997) to approve or disapprove the State plan. Plan
approval or disapproval will be published in the [Federal
Register]{.underline} (FR). If a plan is disapproved, EPA will State the
reasons for disapproval in the FR. If a State does not submit an
approvable State plan, EPA will adopt and implement a Federal Plan.

**[Related Documents]{.underline}**

A number of related documents and resources are available that may prove
useful to States, EPA regional offices, and landfill owners and
operators. These documents are available as indicated below, however,
these and other landfill-related documents are available on the EPA
Technology Transfer Network Website (TTN web) at:

http//www.epa.gov/ttn/uatw/ landfill/landflpg.html.

> \"Municipal Solid Waste Landfills, Volume 1: Summary of the
> Requirements, for the New Source Performance Standards and Emission
> Guidelines for Municipal Solid Waste Landfills,\" EPA-453/R-96-004
> (MSW Landfills, Volume 1 is posted on the TTN web and explains
> landfills NSPS and Emission Guideline control, monitoring,
> recordkeeping and reporting requirements, and assists States in
> determining compliance. The document is also available in the docket
> (see address on page iv).
>
> \"Municipal Solid Waste Landfill New Source Performance Standards and
> Emission Guidelines---Issues and Answers,\" is posted on the TTN Web
> and contains a periodically updated summary of answers to questions
> EPA has recently been asked about the MSW Landfills NSPS and Emission
> Guidelines.
>
> \"Air Emissions from Municipal Solid Waste Landfills --- Background
> Information for Final Standards and Guidelines,\" EPA-453/R-94-021
> contains summaries of public comments received on the landfills NSPS
> and Emission Guidelines, EPA\'s responses, and the estimated impacts
> of these regulations. This document may be obtained from the TTN Web,
> the U.S. EPA Library (MD-33), Research Triangle Park, NC 27711,
> telephone (919) 541-2777, or from the docket (see addresses on
> page iv).
>
> EPA\'s Landfill Methane Outreach Program (LMOP). To cost-effectively
> reduce methane emissions from landfills, the EPA encourages the
> development of environmentally and economically beneficial landfill
> gas-to-energy projects through the LMOP. The LMOP works with States,
> utilities, and the landfill gas-to-energy industry to facilitate the
> development of successful projects. One of the key ways the LMOP does
> this is by publishing technical information on how to develop a
> gas-to-energy project including current technology, cost, and
> financing options, and regulatory considerations. Appendix C includes
> information on how to contact LMOP.
>
> \"Landfill Gas Emissions Model" Version 2.01 and User's Manual,
> September 1998. The computer model can be used to calculate annual
> emission rates as to determine applicability of the NSPS or Emission
> Guidelines or for State emission inventory or other purposes. The
> user\'s guide and diskettes can be obtained from the National
> Technical Information Services, as described in Appendix D, or
> accessed on the TTN Web at
> http://www.epa.gov/ttn/catc/products.html#software.

Appendix C includes information on how to contact landfill resources,
including EPA regional and State contacts and EPA contacts for LMOP, the
landfill model, implementation model, implementation issues, and other
information. Documents posted on the TTN Web may be accessed by computer
as described on page iv. The user can download an electronic copy from
the TTN Web. Printed copies of the documents are available as discussed
above.

**1.0 INTRODUCTION**

The purpose of this document is to assist the State air regulatory
agencies in developing State plans that implement regulations
controlling air pollutant emissions from municipal solid waste (MSW)
landfills. The United States Environmental Protection Agency (EPA) has
developed regulations to control air pollutant emissions from MSW
landfills under the Clean Air Act of 1990. Emissions from new MSW
landfills are addressed by standards of performance for new sources (New
Source Performance Standards \[NSPS\]), and emissions from existing MSW
landfills are addressed by standards of performance for existing sources
(Emission Guidelines). EPA promulgated the NSPS (Subpart WWW) and
Emission Guidelines (Subpart Cc) for MSW landfills on March 12, 1996,
and published amendments on June 16, 1998. States are required to
develop State plans to implement the Emission Guidelines for existing
sources and submit the State plans to EPA by December 12, 1996. Indian
Tribes may submit, but are not required to submit, Tribal plans to
implement and enforce the emission guidelines in Indian country. This
document provides State agencies and Indian Tribes information on the
required content of these State plans. In some cases, local agencies, or
protectorates of the of the United States may submit plans for landfills
in their jurisdictions. The same guidance applies. The word "State plan"
used throughout this document includes tribal plans developed by Indian
Tribes and plans developed by agencies or protectorates.

Another document has been prepared to assist States, Tribes, EPA
regional offices, and MSW landfill owners and operators in implementing
the NSPS and Emission Guidelines. A September 1998 draft document
entitled, \"Municipal Solid Waste Landfills, Volume 1: Summary of the
Requirements for the New Source Performance Standards and Emission
Guidelines for Municipal Solid Waste Landfills,\" EPA-453/R-96-004 (MSW
Landfills, Volume 1) is posted on the EPA Technology Transfer Network
Website (TTN Web). The September 1998 version of MSW Landfills Volume 1
replaces and updates a March 1996 draft to reflect the rule amendments
published on June 16, 1998. Volume 1 provides a plain English summary of
the requirements of the NSPS and Emission Guidelines. It contains
example forms that may be used for reporting. It also contains tools,
such as checklists, that may be used by regulatory agencies to determine
landfill compliance with the rules. A question-and-answer document,
\"Municipal Solid Waste Landfill New Source Performance Standards and
Emission Guidelines---Questions and Answers\" is also posted on the TTN
Web, and contains answers to questions EPA has been asked about the MSW
Landfills NSPS and Emission Guidelines. The document may be updated as
additional questions are received. The TTN Web address for these
documents is http://www.epa.gov/ttn/uatw/landfill/landflpg.html.

**1.1 [Organization of this Document]{.underline}**

This document brings together the information on the relevant parts of
the various regulations that affect existing MSW landfills, i.e., those
that were constructed, modified or reconstructed before May 30, 1991 and
have not been modified or reconstructed since May 30, 1991 and that have
accepted waste since November 8, 1987 or have additional capacity
available for future waste deposition. These regulations were developed
under Section 111(d) of the Clean Air Act. The regulations are codified
in Title 40 of the Code of Federal Regulations (CFR). The CFR rules
include (1) Adoption and Submittal of State plans for designated
facilities, Subpart B, and (2) the Emission Guidelines for existing MSW
landfills, Subpart Cc.

This document provides information on the relevant requirements of the
Clean Air Act and the Emission Guidelines, and the required contents of
State plans, including an overview of Clean Air Act, regulatory, and
State plan requirements (Section 1); information on the timeline and
responsibilities for developing and submitting State plans (Section 2);
the elements of a State plan (Section 3); and answers to some general
questions about preparing State plans (Section 4).

The appendices of this document (Table 1-1) include reference materials
that States may find useful when developing the State plans. The
appendices include copies of Section 111(d), relevant regulations,
policy memos, procedures for estimating MSW landfill emissions, and
contact lists.

**Table 1-1. Appendices to this Document**

  ------------ ----------------------------------------------------------
  Appendix     Title

  A            Emission Guideline Fact Sheet (40 CFR 60 Subpart Cc)

  B            MSW Landfills Implementation Timeline

  C            State, Regional, and Other Contacts

  D            Emission Estimation Procedures for State Plan Emissions
               Inventory

  E            New Source Review

  F            Title V Operating Permits White Paper Number 2

  G            Clean Air Act Section 111(d)

  H            40 CFR 60 Subpart B

  I            40 CFR 60 Subparts Cc and WWW, including the June 16, 1998
               Amendments

  J            Key Elements of an Acceptable Section 111(d) State Plan

  K            Memo: Emission Inventory for MSWLF State Plans
  ------------ ----------------------------------------------------------

**1.2 [Clean Air Act Requirements]{.underline}**

Section 111(d) (see Appendix G) has been included in the Clean Air Act
since the 1970\'s and requires EPA to establish procedures for
submitting State plans for implementing Emission Guidelines. The
landfill standard is a health-based Emission Guideline. Procedures and
requirements for health-based Emission Guidelines are different from
welfare-based. Because the landfills Emission Guidelines are
health-based, this document focuses on the procedures and requirements
for health-based Emission Guidelines. The first health-based Emission
Guideline adopted was for sulfuric acid plants in 1977. Other health-
and welfare-based Emission Guidelines have been adopted since that time.
The State plans implement and provide for enforcing the Emission
Guidelines. Detailed procedures for submitting and approving State plans
were promulgated by EPA in 1975 as 40 CFR Part 60, Subpart B and amended
in 1979, 1989, and 1995 (see Appendix H). The MSW landfill Emission
Guidelines (Subpart Cc) were promulgated on March 12, 1996, under the
authority of Section 111(d) of the Act, and were amended on June 16,
1998.

The Subpart Cc Emission Guidelines for MSW landfills differ from those
adopted for MWC units because MSW landfills are regulated under
Section 111(d) of the CAA, whereas MWC units are regulated under
Sections 111(d) and 129 of the CAA. Section 129 does not apply to MSW
landfills. Therefore, the State plan requirements for landfills are
slightly different than those for MWC units or other Section 129 State
plans. In particular, Subpart B requires that State plans for MSW
landfills be submitted to EPA within nine months after promulgation of
Emission Guidelines; whereas the Section 129 requirements that apply to
MWC units have a different schedule.

**1.3 [Indian Tribes and State Plans]{.underline}**

Indian Tribes are not required to submit State or Tribal plans. However,
Indian Tribes have the authority under the CAA to develop Tribal plans
in the same manner States develop State plans. On February 12, 1998, EPA
promulgated regulations that outline provisions of the CAA for which EPA
is authorized to treat Indian Tribes in the same manner as States

(see 63 FR 7254, Indian Tribes: Air Quality Planning and Management). If
the Indian Tribe meets certain criteria, it may submit for EPA approval
a Tribal plan to implement and enforce the Emission Guidelines in Indian
country. If an Indian Tribe chooses to prepare a Tribal plan, the Indian
Tribe would follow this guidance the same way as a State.

**1.4 [MSW Landfills Covered by State Plans]{.underline}**

State plans must address existing landfills that are subject to the
Emission Guidelines for MSW landfills. These Emission Guidelines
outlined in Table 1-2 were promulgated on March 12, 1996 (61 FR 9905),
and codified in 40 CFR Part 60, Subpart Cc. Amendments to clarify the
Emission Guidelines were published in the [Federal Register]{.underline}
on June 16, 1998 (63 FR 32743). The amended rule will be published in
Subpart Cc when the next version of the CFR is published.

**Table 1-2. Outline of the Emission Guidelines for MSW Landfills**

**(40 CFR Part 60, Subpart Cc)**

  ------------ ----------------------------------------------------------
  Section      Contents

  60.30c       Scope

  60.31c       Definitions

  60.32c       Designated facilities

  60.33c       Emission guidelines for municipal solid waste landfill
               emissions

  60.34c       Test methods and procedures

  60.35c       Reporting and recordkeeping guidelines

  60.36c       Compliance times
  ------------ ----------------------------------------------------------

The Emission Guidelines apply to existing MSW landfills, i.e., those
that commenced construction, modification, or reconstruction before May
30, 1991 and that have accepted waste at any time since November 8, 1987
or have additional capacity for future waste deposition. New landfills
(those that commenced construction, modification, or reconstruction on
or after May 30, 1991) need not be addressed by State plans.
Modification means an increase in the permitted volume design capacity
by either horizontal or vertical expansion. New, modified, and
reconstructed landfills are subject to the federal NSPS (40 CFR Part 60
Subpart WWW), which has similar requirements to the Emission Guidelines.

The pollutant regulated by Subpart Cc is MSW landfill emissions, which
contain a mixture of VOC, other organic compounds, methane, and toxic
pollutants. To determine whether control is required, non-methane
organic compounds (NMOC) are measured as a surrogate for MSW landfill
emissions. The NSPS and Emission Guidelines are summarized in a fact
sheet included in this document (see Appendix A). The full text of the
Emission Guidelines (Subpart Cc) including the direct final amendments
is also provided (see Appendix I).

**1.5 [Requirements for State Plans]{.underline}**

States are required to develop Section 111(d) State plans to implement
the MSW landfill Emission Guidelines and to submit plans to EPA for
approval. The first step for meeting the State plan requirement is to
identify existing MSW landfills that are subject to the Emission
Guidelines that are located in the State. If there are no existing MSW
landfills in the State, then the State need only submit a letter of
certification to that effect, which is called a negative declaration,
and no plan is submitted. States may also submit negative declarations
if they have no existing MSW landfills with design capacities greater
than or equal to 2.5 million megagrams (Mg) and 2.5 million cubic meters
(m^3^). Such negative declarations must include the design capacities of
the landfills. (The Emission Guidelines do not require control for
landfills with design capacities less than 2.5 million Mg or 2.5 million
m^3^.) Existing MSW landfills that are closed must be included in the
MSW landfill inventory if they have accepted waste at any time since
November 8, 1987, or have additional capacity for future waste
deposition.

States that have existing MSW landfills and have not submitted a
negative declaration are required to submit a Section 111(d) State plan.
As a minimum, the State plan must include the following elements which
are discussed in detail in Section 3.0.

> Identification of enforceable State mechanisms selected by the State
> for implementing the Emission Guidelines;
>
> A demonstration of the State\'s legal authority to carry out the
> Section 111(d) State plan as submitted;
>
> An inventory of existing MSW landfills in the State affected by the
> Emission Guidelines;
>
> An inventory of emissions from existing MSW landfills in the State;
>
> Emission standards for existing MSW landfills;
>
> A process for State review and approval of site-specific gas
> collection and control system design plans;
>
> Compliance schedules;
>
> Testing, monitoring, recordkeeping, and reporting requirements;
>
> A record of public hearing(s) on the State plan; and
>
> Provision for annual progress reports to EPA.

The State plans are due to EPA by December 12, 1996. Table 1-3
summarizes the regulations for adopting and submitting State plans, as
codified in Subpart B of 40 CFR Part 60, and specifies the required
elements of the plans.

**1.6 [Relationship Between the Section 111(d) State Plan and
SIP]{.underline}**

The State plans for implementing the MSW landfill Emission Guidelines
are different from State Implementation Plans (SIP) required by
Sections 110 or 172 of the Clean Air Act. The State plan and the SIP are
both programs for State implementation of federal requirements. For
both, the administrative procedures, particularly the public hearing
process, are the same. Both programs are designed to achieve emission
reductions at sources by identifying the pollutant to be controlled,
establishing the emission limits for the source, and establishing
procedures to ensure that emission limits are met.

However, the States and EPA fulfill different responsibilities under the
two programs. The goal of Section 111(d) State plans is to control the
emissions of designated pollutants[^2] **by establishing standards of
performance for existing sources. Section 111(d) Emission Guidelines
(including emission standards or performance levels) are based on
demonstrated technology and are established by EPA on a national level,
and the States are responsible for developing and implementing a program
to achieve compliance with these standards. The goal of the SIPs, on the
other hand, is to attain and maintain National Ambient Air Quality
Standards (NAAQS) or ambient concentrations for certain criteria
pollutants (lead, SO~2~, PM~10~, NO~2~, CO, and ozone) in a given area.
Hence, in the SIP program, the State**

**Table 1-3. Regulations for Adopting and Submitting State Plans**

**(40 CFR 60 Subpart B)**

  -----------------------------------------------------------------------
  **Section Number and Title**      **General Contents**
  --------------------------------- -------------------------------------
  **60.20 Applicability**           **Subpart B applies when final
                                    guidelines (Subpart Cc) are
                                    promulgated.**

  **60.21 Definitions**             **Defines key terms.**

  **60.22 Publication of guideline  **Describes contents of Emission
  documents, Emission Guidelines,   Guidelines to be developed by EPA.**
  and final compliance times**      

  **60.23 Adoption and submittal of **Schedules and procedures for States
  State plans, public hearings**    to follow in developing and
                                    submitting State plans. Requirements
                                    for public hearings on State plans.**

  **60.24 Emission standards^a^ and **State plans must include emission
  compliance schedules**            standards and compliance schedules.
                                    State plans may be no less stringent
                                    than the guidelines, except as
                                    provided in § 60.24(f).**

  **60.25 Emission inventories,     **Plans must include an inventory of
  source surveillance, reports**    existing MSW landfills and their
                                    emissions and provisions for
                                    monitoring compliance. States must
                                    submit progress reports to EPA.**

  **60.26 Legal authority**         **Plans must demonstrate that the
                                    State has legal authority to carry
                                    out the plan as submitted.**

  **60.27 Actions by the            **Procedures for EPA review and
  Administrator**                   approval or disapproval of plans.
                                    Federal Plans will be developed if
                                    States have not submitted timely and
                                    approvable plans.**

  **60.28 Plan revisions^b^ by the  **Procedures for revision of plans.**
  State**                           

  **60.29 Plan revisions^b^ by the  **Procedures for revision of plans.**
  Administrator**                   
  -----------------------------------------------------------------------

**^a^ Note that \"emission standards\" can include any State enforceable
mechanisms including, but not limited to, State rules (see Section 3.1
in this document).**

**^b^ Plan revisions refer to changes to a State Plan that is already in
place.**

**establishes emission standards or standards based on the sources\'
contributions to local air quality, meteorology, and other local
factors. The emission control requirements for a regulated source
category under a SIP may vary from plant to plant based on local
factors.**

**The States are responsible for implementing both Section 111(d) State
plans and SIP programs, and both programs complement each other. Where
the SIP requirements are adequate to meet the Section 111(d) standard,
the State may elect to submit a Section 111(d) State plan that relies on
the requirements in the SIP, Section 110, to meet the Section 111(d)
emission standard. In addition, where the Section 111(d) requirements
protect the NAAQS, the State may elect to rely on these requirements in
the control strategy in the SIP.**

**2.0 SCHEDULE AND RESPONSIBILITIES**

To develop a State plan to implement and enforce the Emission
Guidelines, the States, EPA, and landfill owners and operators have
specific responsibilities in developing, reviewing, and complying with
State plans, as discussed below. Appendix B also discusses the timeline
for MSW landfills to comply with the Emission Guidelines.

**2.1 [State Plan Schedule]{.underline}**

States must submit a plan to implement and enforce the Emission
Guidelines within nine months after promulgation of the Emission
Guidelines. According to 40 CFR § 60.23(a), States are required by EPA
to adopt and submit to the Administrator a plan implementing
requirements of the Emission Guidelines. Within the nine months, or
before December 12, 1996, States must develop a State plan, hold public
hearings, and submit the plan to the Administrator. Figure  2-1 is a
flow chart showing the approval process. Table 2-1 is a suggested
schedule for developing State plans. The table shows more detail on the
steps States need to take to develop State plans.

After the State plan is submitted, EPA is required to approve or
disapprove the State plan within four months (approximately April 12,
1997). It is possible for the Administrator to approve a portion of the
plan and disapprove another portion. EPA\'s decision to approve or
disapprove each State plan will be published in the [Federal
Register]{.underline} (FR). Final decisions will be codified in 40 CFR
Part 62, \"Approval and Promulgation of State plans for Designated
Facilities and Pollutants.\" If a plan is not approved, the basis for
disapproval will be discussed in the FR notice. For plans that are
disapproved, the State should submit a corrected plan that addresses
these concerns. If a State does not submit an approvable plan, EPA will
promulgate a Federal Plan for the State. Under certain circumstances, a
State may request an extension of the period to submit a plan or
corrected plan (see Section 3.11.1).

**Table 2-1. Suggested Schedule for Section 111(d) State Plans**

  ---------------------------------------------- ------------------------
  Action                                         Date

  EPA promulgates Emission Guidelines            March 12, 1996

  EPA posts draft Guidance Document Volume 1 on  March 1996
  the TTN Web                                    

  State decides what State authority to use      April 1996

  State starts rulemaking or other procedure     May 1996
  needed to ensure State authority               

  State starts drafting State plan               August 1996

  State posts notice of public hearings          September 1996 (30 days
                                                 before hearing)

  EPA issues guidance on Section 111(d) State    October 1996
  plans                                          

  State completes rulemaking or other procedure  October 1996
  needed to ensure State authority               

  State completes public hearing on State plan   October 1996

  State submits State plan to EPA (Regional      December 12, 1996
  Office) unless an extension is received        

  State responds to any clarifications requested During the 4 month
  by EPA                                         period following
                                                 December 12, 1996

  EPA approves/disapproves the State plan        April 12, 1997

  EPA promulgates Federal Plan if State has not  1999^a^
  submitted an approvable State plan             
  ---------------------------------------------- ------------------------

^a^A Federal Plan is expected to be proposed in late 1998 and
promulgated in 1999.

State plans may need to be modified in response to clarifying amendments
to the Emission Guidelines. A direct-final notice to amend the
guidelines was published in the [Federal Register]{.underline} on
June 16, 1998. Under 40 CFR § 60.23(a)(2), States have 9 months to adopt
and submit to EPA plan revisions consistent with the revised Emission
Guidelines. EPA would then review plan revisions and approve or
disapprove them within 4 months. Because the amendments were primarily
corrections and clarifications, any changes to State plans are expected
to be minor.

**2.2 [Responsibilities]{.underline}**

EPA, the States, and owners and operators of MSW landfills are
responsible for implementing the Emission Guidelines. The primary
responsibilities are outlined below.

**2.2.1 EPA Responsibilities**

**Assisting State, Local, and Tribal Programs and MSW Landfill Owners
and Operators**. EPA assists State, local, and tribal agencies in
developing approvable Section 111(d) State plans. EPA provides
information, answers questions, and interprets federal requirements for
the State and for MSW landfill owners and operators. EPA conducts
outreach and compliance assistance programs. EPA identifies contact
persons to answer States\' questions, clarify approval criteria, and
address specific implementation issues as necessary. States\' questions
should be directed to the appropriate EPA contact to ensure efficient
and consistent responses. (See Appendix C for a list of State, regional,
and other contacts.)

**Review of State Plans**. EPA is required to approve or disapprove the
State plan within four months of the submittal due date (December 12,
1996). States must develop their Section 111(d) State plans according to
the criteria in this document and 40 CFR Part 60, Subpart B. EPA will
inform the State if the EPA has questions about the State plan before
making a decision on the approval or disapproval of the State plan.

**Federal Plan**. In the event approvable State plans (or local or
tribal agency plans) are not submitted, EPA will develop and implement a
Federal Plan for those landfills not covered by State plans or Tribal
plans. The Federal Plan is expected to be a gap-filling action. When a
State or Tribal plan is submitted and approved after the Federal Plan is
in effect, the Federal Plan will no longer apply to MSW landfills
covered by the State or Tribal plan after the State or Tribal plan
becomes effective.

**Related Programs**. EPA reviews and comments on State development of
Title V operating permits. Title V permits are not a required component
of State plan submittal, nor are they required for EPA approval of the
State plan.

**2.2.2 State Responsibilities**

**Developing a State Plan**. The State develops and submits a State plan
that meets the criteria presented in Section 111(d), the Emissions
Guidelines, and this document. This document outlines how States can
meet this responsibility. In some cases, local agencies, Indian Tribes,
or protectorates, rather than States, may develop plans for landfills in
their jurisdictions. The same responsibilities apply.

**Establishing Compliance Schedules**. The State plan must develop
emission limits and compliance schedules for all existing MSW landfills
in the State. States should meet with MSW landfill owners and operators
to develop compliance schedules to ensure a workable Section 111(d)
State plan. All MSW landfills addressed by the State plan that have a
design capacity equal to or greater than 2.5 million Mg and 2.5 million
m^3^ must install emission controls within 30 months after the landfill
NMOC emission rate report shows NMOC emissions reach or exceed 50 Mg/yr.
States may require compliance sooner, but not later, than specified in
the Emission Guidelines, except in unusual case-by-case situations (see
Section 3.11).

**Submitting Progress Reports**. States must report annually to the EPA
on the progress of implementing the plan, including the status of
meeting increments of progress and achieving final compliance. The
States must also include in an annual report (as specified in
Section 3.10) compliance status, enforcement actions, and updates on MSW
landfill information and emission data.

**Related Programs**. Once EPA approves a State's Section 111(d) plan
and it is effective, all applicable requirements from the plan and all
the terms and conditions needed to assure compliance with the applicable
requirements must be incorporated into Title V permits for those MSW
landfills that are subject to Title V and the Emission Guidelines. See
White Paper Number 2 in Appendix F for EPA guidance on improving the
implementation of Title V operating permits programs.

Some MSW landfills are on the Superfund national priorities list. The
Emission Guidelines apply to existing MSW landfills, including Superfund
sites that meet these criteria. State plans should include such
landfills. In addition to being subject to the requirements of the
Emission Guidelines, these landfills may need to undergo remedial
actions under the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA). For consistency, the requirements of the
Emission Guidelines should be considered when determining case-by-case
CERCLA remedial actions at Superfund sites. This is discussed further in
the preamble to the promulgated NSPS and guidelines (61 FR 9909,
March 12, 1996).

**2.2.3 Landfill Owners and Operators Responsibilities**

**Developing Compliance Schedules and Installing Controls**. MSW
landfill owners and operators must work with the State to develop a
compliance plan and control system schedule for the State plan that are
both workable and meet requirements established by the State to
implement the Emission Guidelines. The schedule for achieving compliance
generally must be as stringent as the Emission Guidelines, however, on a
case-by-case basis, the flexibility of the Emission Guidelines allows
some variations from the schedules specified in § 60.33c of Subpart Cc
and § 60.757 of Subpart WWW (see section 3.11 for additional
information). Since landfill owners and operators need to comply with
their State\'s requirements, they should consult with their State for
schedules specific to their landfills. An example schedule of submittals
and compliance times is described below for landfill owners and
operators whose States adopt the provisions of Subparts Cc and WWW.

Example submittals include a Design Capacity Report, an Annual Emission
Rate Report, and a Collection and Control System Design Plan. The owner
or operator would submit a Design Capacity Report within 90 days after
the effective date of EPA's approval of the State plan. If the design
capacity is greater than or equal to 2.5 million Mg and 2.5 million
m^3^, the first Emission Rate Report would be submitted at the same
time. The MSW landfill owner or operator would then submit a collection
and control system design plan prepared by a professional engineer
within 1 year after the date of the first Emission Rate Report that
shows that the landfill\'s NMOC emission rate equals or exceeds
50 Mg/yr. Within 30 months after a landfill\'s NMOC emission rate report
shows NMOC emissions to be equal to or greater than 50 Mg/yr, MSW
landfill owners and operators would install and start up a gas
collection and control system at a landfill. The landfill owner or
operator would conduct an initial performance test on the control system
to document compliance within 180 days after control system startup.

A brief discussion and flow chart timeline describing the
responsibilities of landfill owners or operators is provided in Appendix
B. The details regarding the owner or operator\'s responsibilities and
the schedule for installing controls are discussed in Section 2 of MSW
Landfills, Volume 1.

**Meeting Additional Emission Guideline Requirements**. Owners and
operators are responsible for meeting other Emission Guidelines
requirements, including an initial performance test and report to
demonstrate compliance. They will also report ongoing monitoring results
and keep required records to demonstrate compliance.

**Related Programs**. Owners and operators must apply for a Title V
operating permit within a year of becoming subject to a Title V program.
The authority for requiring Title V permits for existing MSW landfills
is found in Section 502(a) of the CAA and is codified in 40 CFR Parts 70
and 71. Section 502(a) specifies that major sources and sources
(including area sources) subject to standards or regulations under
Sections 111 or 112 of the CAA (such as the Emission Guidelines and
NSPS) are required to obtain Title V operating permits.

MSW landfills that are subject to a Title V permitting program under
parts 70 or 71 are required to submit Title V permit application within
12 months after first becoming subject to Title V. If more than one
requirement causes a landfill to become subject to Title V permitting,
the 12-month time frame for submitting a Title V application will be
triggered by the requirement that first causes the landfill to be
subject to Title V. MSW landfills may, for example, be subject to
Title V permitting as a result of being a major source under one or more
of three major source definitions in Title V: (1) Section 112,
(2) Section 302, or (3) Part D of Title I of the CAA. MSW landfills
could also be subject to Title V permitting as a result of being subject
to the Emission Guidelines.

The Emission Guidelines specify that landfills with design capacities
greater than or equal to 2.5 million Mg and 2.5 million m^3^ are subject
to Title V permitting requirements. The guidelines also state that
landfills smaller than 2.5 million Mg or 2.5 million m^3^ are not
subject to Title V unless they are a major source or are subject for
some other reason (e.g., subject to another section 111 or 112
regulation). An existing MSW landfill with a design capacity equal to or
greater than 2.5 million Mg and 2.5 million m^3^ which is not already
subject to Title V, becomes subject to Title V permitting 90 days after
the effective date of EPA's approval of the relevant State plan. (This
allows time for submission of the design capacity report to determine if
the landfill meets or exceeds the design capacity cutoff.) Permit
applications would generally be due within 1 year after this date, but
States can establish earlier schedules, prior to the 12-month deadline,
for the submittal of permit applications. The establishment of those
earlier deadlines is consistent with Section 503(c) of the CAA. Owners
and operators should contact the respective permitting authorities to
determine when permit applications are due for their MSW landfills.
White Paper Number 2 (see Appendix F) provides guidance on improving
implementation of Title V operating permits programs.

Construction or modification of a MSW landfill may trigger NSR. The NSR
program requires the preconstruction review of major new sources and
major modifications. The review includes a control technology review and
an analysis of the air quality impacts of the new or modified source. On
a case-by-case basis, some sources with Pollution Control Projects (PCP)
may be excluded from NSR. Landfills that apply controls to comply with
the Emission Guidelines may contact their State to determine whether
they quality for the PCP exclusion. NSR and the PCP exclusion are
discussed in more detail in Appendix E.

**3.0 REQUIRED ELEMENTS OF AN ACCEPTABLE STATE PLAN**

This document and Appendix J contain summaries of existing information
on the required elements of a State plan. States may find this summary
helpful in preparing Section 111(d) State plans, and EPA will use it in
reviewing the plans. A Section 111(d) State plan for MSW landfills has
ten essential elements:

> 1\. Identification of enforceable State mechanisms selected by the
> State for implementing the Emission Guidelines,
>
> 2\. A demonstration of the State\'s legal authority to carry out the
> Section 111(d) State plan as submitted,
>
> 3\. An inventory of existing MSW landfills in the State affected by
> the Emission Guidelines. An existing landfill may be active (currently
> accepting waste or having additional capacity available for waste
> deposition) or closed (no longer accepting waste nor having available
> capacity for future waste deposition),
>
> 4\. An inventory of emissions from existing MSW landfills in the
> State,
>
> 5\. Emission standards for existing MSW landfills that are \"no less
> stringent\" than those in the Emission Guidelines[^3],
>
> 6\. A State process, as specified in § 60.33c(b) of Subpart Cc, for
> State review and approval of site-specific gas collection and control
> system design plans.
>
> 7\. Compliance schedules extending no later than 30 months after the
> date the annual NMOC emission rate reaches or exceeds 50 Mg/yr^5^,
>
> 8\. Testing, monitoring, recordkeeping, and reporting requirements,
>
> 9\. A record of public hearing(s) on the State plan, and

10\. Provision for annual State progress reports to EPA on
implementation of the State plan.

Table 3-1 summarizes these elements of the State plan for MSW landfills,
provides citations from Subparts B and Cc, and identifies the sections
of this chapter that discuss each element.

Some components of a Section 111(d) State plan may duplicate existing
State requirements and therefore will not add additional requirements.
For example, most States require public notice for rulemaking consistent
with 40 CFR Part 60, Subpart B. Similarly, Section 112 and Title V of
the CAA require various demonstrations of legal authority. If earlier
demonstrations of legal authority by the State meet the requirements of
40 CFR Part 60, Subpart B, the State will simply need to include copies
of such demonstrations in the State plan submittal. Appendix J, Key
Elements of an Acceptable Section 111(d) State plan, provides a detailed
list of requirements for demonstrating legal authority if this initial
authority has not been previously demonstrated.

**3.1 [Criteria for an Adequate Enforceable Mechanism]{.underline}**

Many States that have MSW landfills covered by the guidelines are
developing Section 111(d) State plans that will use State rules as the
legal instrument to enforce the Emission Guidelines. However, some
States may use alternative mechanisms to implement the Emission
Guidelines. An essential element of a Section 111(d) State plan requires
the plan to include emission standards, which 40 CFR Part 60, Subpart B
§ 60.20(f) defines as \"a legally enforceable regulation setting forth
an allowable rate of emissions into the atmosphere, or prescribing
equipment specifications for control of air pollution emissions.\" For
Section 111(d) State plans, EPA interprets the term \"regulation\" in
Section 60.22(f) to include, in addition to a uniform State requirement
or State rule, other mechanisms that are legally enforceable under State
law. For example, depending on the applicable State law, enforceable
mechanisms that might be used as the vehicle for implementing the MSW
landfills Emission Guidelines may include a regulatory or administrative
order, a compliance order, or a State operating permit. A State may
select other enforceable mechanisms provided that the State demonstrates
that it has the underlying authority and demonstrates that the selected
mechanism is State enforceable.

**Table 3-1. Summary of Requirements for Section 111(d) State Plans^a^**

+-----------------------------------+---------------------+------------+
| **Required Item**                 | **Reference in      | **Section  |
|                                   | 40 CFR Part 60,     | of this    |
|                                   | Subpart B or Cc**   | Document** |
+===================================+=====================+============+
| Identify enforceable mechanisms   | 60.24(a) of         | 3.1        |
| selected by the State to          | Subpart B           |            |
| implement the guidelines          |                     |            |
+-----------------------------------+---------------------+------------+
| Show that State has legal         | 60.26(a) of         | 3.2        |
| authority to carry out plan       | Subpart B           |            |
+-----------------------------------+---------------------+------------+
| An inventory of MSW landfills and | 60.25(a) and        | 3.3 and    |
| an emissions inventory            | 60.25(c) of         | 3.4        |
|                                   | Subpart B           |            |
+-----------------------------------+---------------------+------------+
| Allowable emission rates          | 60.24(b)(1),        | 3.5        |
|                                   | 60.24(c), and       |            |
|                                   | 60.24(f) of         |            |
|                                   | Subpart B and       |            |
|                                   | 60.33c of           |            |
|                                   | Subpart Cc          |            |
+-----------------------------------+---------------------+------------+
| Process for State review and      | 60.33c(b) of        | 3.6        |
| approval of site-specific gas     | Subpart Cc          |            |
| collection and control system     |                     |            |
| design plans                      |                     |            |
+-----------------------------------+---------------------+------------+
| Compliance schedules and legally  | 60.24(a) and        | 3.7        |
| enforceable increments of         | 60.24(e)(1) of      |            |
| progress for MSW landfills to     | Subpart B and       |            |
| achieve compliance                | 60.36(c) of Subpart |            |
|                                   | Cc                  |            |
+-----------------------------------+---------------------+------------+
| Test methods and procedures used  | 60.24(b)(2) of      | 3.8        |
| for determining compliance with   | Subpart B and       |            |
| the emissions standards           | 60.34c of           |            |
|                                   | Subpart Cc          |            |
+-----------------------------------+---------------------+------------+
| Provisions for monitoring a MSW   | 60.25(b) of         | 3.8        |
| landfill\'s compliance status,    | Subpart B and       |            |
| including:                        | 60.34c and 60.35c   |            |
|                                   | of Subpart Cc       |            |
| 1\. Legally enforceable           |                     |            |
| procedures for requiring the      |                     |            |
| maintenance of records and        |                     |            |
| periodic reporting to the State   |                     |            |
| for the determination of          |                     |            |
| compliance,                       |                     |            |
|                                   |                     |            |
| 2\. Periodic inspections and      |                     |            |
| testing, and                      |                     |            |
|                                   |                     |            |
| 3\. Specific testing, monitoring, |                     |            |
| recordkeeping, and reporting      |                     |            |
| requirements specified by         |                     |            |
| Subpart Cc.                       |                     |            |
+-----------------------------------+---------------------+------------+
| Certification that a public       | 60.23(f)(1) and (2) | 3.9        |
| hearing was held before the State | of Subpart B        |            |
| plan was adopted and list of the  |                     |            |
| attendees at the hearing and      |                     |            |
| their affiliation, with a summary |                     |            |
| of their presentations and        |                     |            |
| handouts                          |                     |            |
+-----------------------------------+---------------------+------------+
| State progress reports            | 60.25(f) of         | 3.10       |
|                                   | Subpart B           |            |
+-----------------------------------+---------------------+------------+

^a^See text of Section 3 and Appendix J of this document for additional
discussion of the

required elements of a State plan.

All applicable requirements on MSW landfills and terms and conditions
needed to implement and enforce these applicable requirements must
remain continually in force throughout the time the landfill is subject
to the State plan even if the enforceable mechanism, e.g., permit,
expires.

If the State relies on a mechanism that is not a State rule to implement
the Emission Guidelines, such as a regulatory order, the State must
document in the State plan how the selected mechanism meets the emission
standards for the designated pollutant (MSW landfill emissions, measured
as NMOC) and attach a copy of the enforceable mechanism. A State
operating permit can be used as the enforceable mechanism in a State
plan, as long as the requirements contained in the permit are binding on
the owner or operator as a matter of State law. When EPA approves the
State plan, the requirements in the permit would then become federally
enforceable. If a State rule is used, only citations of the overall rule
and copies of the sections pertaining to MSW landfills are required. The
State does not have to submit a copy of the entire rule. The State may
submit a Section 111(d) State plan that relies on the requirements in
the SIP to meet the Section 111(d) emission standard for NMOC emissions,
where they are found to be adequate. If the State relies on existing or
revised SIP emission limits to implement the Section 111(d) MSW landfill
emission standards, the State must submit the Section 111(d) State plan
citing the SIP and the date when it became effective and document how
the SIP assures that the requirements of Section 111(d) are met. In all
cases the mechanism(s) must be in place and effective by the date the
State plan is submitted.

The EPA emphasizes that the determination of whether a particular
mechanism may be used to enforce the Emission Guidelines in a particular
State is a question of State law; the State law must give the State the
requisite authority to enforce the emission limit using the legal
mechanism identified by the State. Thus, a mechanism (for example, a
regulatory order) that is approvable for one State under its State law
might not be approvable if selected by another State under the law in
that State.

After a State incorporates a State-enforceable requirement into the
State plan, and the plan has been approved by EPA and is effective, the
State requirement, if it is to be codified, becomes federally
enforceable.

**3.2 [Demonstration of Legal Authority]{.underline}**

The Section 111(d) State plan must demonstrate that the State has the
legal authority under current State law to adopt and implement the
emission standards and compliance schedules in the Section 111(d) State
plan. The legal authority must support the legal mechanism selected by
the State to implement the emission limits for MSW landfills. The legal
authority must be available to the State at the time the State submits
its Section 111(d) State plan to EPA \[40 CFR Part 60, Subpart B,
§ 60.26(c)\]. States must submit with the Section 111(d) State plan
copies of the laws or regulations that demonstrate the State\'s legal
authority, unless: (1) such laws or regulations were approved when
previously submitted under either 40 CFR Part 60, Subpart B or other
sections of the CAA, and (2) the State can demonstrate that such
previously submitted laws or regulations are applicable to the
pollutants[^4] for which the plan is submitted \[§ 60.26(b)\].

A State may use existing demonstrations of legal authority to meet the
requirements of Subpart B. The legislative structure of the State will
determine which existing authorities the State can use to implement the
Section 111(d) requirements. This implementation guidance provides the
minimum requirements of Section 111(d) pertaining to MSW landfills, and
leaves the State flexibility to implement the requirements as long as
provisions are enforceable under State law.

A State must include in its demonstration of existing legal authority a
showing that it has the authority to:

1\. Adopt emission standards and enforceable conditions (see
Section 3.1) as well as compliance schedules applicable to the
designated facilities and pollutant for which the Section 111(d) State
plan is submitted;

2\. Enforce the relevant laws, regulations, standards and compliance
schedules referenced in Section 111(d);

3\. Obtain information necessary to determine compliance;

4\. Require recordkeeping, make inspections, and conduct tests;

5\. Require the use of monitors and require emission reports of MSW
landfill owners or operators; and

6\. Make emission data available to the public.

Demonstrations of legal authority can take several forms. States that
use a legal mechanism other than rulemaking to implement the Emission
Guidelines should submit legal documentation, preferably an opinion by
the State\'s Attorney General that the State possesses the adequate
authority to implement and enforce the Section 111(d) State plan using
that legal mechanism.

A State governmental agency other than the State air pollution control
agency may be assigned responsibility for carrying out a portion of a
Section 111(d) State plan, provided that the State demonstrates that the
State governmental agency has adequate authority \[§ 60.26(e) of
Subpart B\]. The State may authorize a local agency to implement a
portion of the Section 111(d) State plan provided that the local agency
demonstrates that it has adequate legal authority to implement that
portion of the plan and the State is not relieved of responsibility
\[§ 60.26(e)\].

**3.3 [Source Inventory]{.underline}**

A complete source inventory of existing MSW landfills in the State that
are regulated by the Emission Guidelines must be submitted as part of
the Section 111(d) State plan \[§ 60.25(a) of Subpart B\]. An
\"existing\" landfill is a landfill that commenced construction,
modification, or reconstruction before May 30, 1991 and that has
accepted waste at any time since November 8, 1987 or has additional
capacity for future waste deposition. (Landfills that commenced
construction, modification, or reconstruction since then are considered
\"new\" and are subject to the NSPS instead of the Emission Guidelines.)
\"Municipal Solid Waste Landfill New Source Performance Standards and
Emission Guidelines --- Questions and Answers\", posted on the TTN Web,
contains additional information on applicability.

The source inventory should include existing MSW landfills with design
capacities both above and below the 2.5 million Mg/yr or 2.5 million
m^3^/yr design capacity cutoff. Landfills below this capacity are not
required to apply controls under the Emission Guidelines, but they are
required to submit a design capacity report and supporting information
to show that they are below the cutoff.

State air agencies may be able to obtain information on these landfills
from their State solid waste agency counterparts. The 1984 Hazardous and
Solid Waste Amendments to RCRA required States to establish a permit
program or other system of prior approval to ensure that facilities
receiving household hazardous waste or small quantity generator
hazardous waste are in compliance with 40 CFR Part 257. This permit
program was to be established by November 8, 1987. This permit program
is a resource for States to use in locating landfills that are subject
to the Emission Guidelines. Another source of information may be county
and municipal governments.

One special consideration for identifying all of the existing MSW
landfills is that some may be closed. Identifying and locating owners or
operators of closed MSW landfills may be difficult; however, only
landfills that have accepted MSW since November 8, 1987 or have
additional capacity for future waste deposition are subject to the
Emission Guidelines. Therefore, these landfills may have RCRA permits.
Once a closed MSW landfill has been identified, the State will need to
identify and locate the owner, operator, or responsible party.

**3.4 [Emission Inventory]{.underline}**

An emission inventory based on the MSW landfills source inventory
required by § 60.25(a) of Subpart B, must be included in the
Section 111(d) State plan. The inventory must present estimates of the
pollutant regulated by the Emission Guidelines, which is NMOC. Emission
estimates should be reported in Mg/yr NMOC. The emissions inventory must
be made available to the general public and presented with the
applicable emission standards.

In view of the limited requirements on landfills below the
2.5 million Mg or 2.5 million m^3^ cutoff, the EPA will allow States, in
limited circumstances, to submit emission inventories as part of State
plans without developing emissions data where the development of such
data would be unreasonable or impractical. For example, it may be
unreasonable or impractical for an MSW landfill below the size cutoff to
estimate NMOC emissions if the landfill is closed and there are no
records of waste in place. A memo entitled, \"Emission Inventory for
MSWLF State plans\" is posted on the TTN Web
(http://www.epa.gov/ttn/oarpg/t3pgm.html) and discusses this policy in
detail. The memo is also included in this document as Appendix K. The
allowance for exclusion of NMOC emission from certain landfills below
2.5 million Mg or 2.5 million m^3^ does not affect the requirement for
States to submit an inventory of existing MSW landfills with the State
plans. The memo provides details on situations where obtaining emissions
data may be unreasonable or impractical.

**3.4.1 Emission Estimation Procedures**

Two different methods can be used to estimate emissions from landfills.
To estimate emissions for State inventories, the procedures in AP-42,
\"Compilation of Air Pollutant Emission Factors\"[^5] are the preferred
method unless site-specific data is available. To determine
applicability of or compliance with the MSW Emission Guidelines, the
owner or operator must use the tiered emission estimation procedure in
§ 60.754 of Subpart WWW or another method if it has been approved by the
EPA Administrator as provided in § 60.752(b)(2)(i)(B).

The equations in Subpart WWW are the same as the AP-42 equations.
However, the values of the variables used in the equations are different
for the two methods. The variable values specified in Subpart WWW are
purposefully conservative to protect human health, to encompass a wide
range of landfills, and to encourage the use of site-specific data. The
variable values in AP-42 would more accurately reflect current
conditions at a landfill and thus yield more accurate emissions for the
purposes of the emission inventory.

**AP-42 Procedures**. Emission estimation procedures for MSW landfills
from AP-42, the \"Compilation of Air Pollutant Emission Factors\" are
presented in Appendix D. These procedures, from Section 2.4, Municipal
Solid Waste Landfills have been updated to reflect changes to the
Section which were published in September 1997. AP-42 includes equations
that estimate emissions as a function of three variables: the NMOC
concentration in landfill gas (C~NMOC~); the methane generation rate
constant (k); and the refuse methane generation potential (L~o~).
Although site-specific testing is not required for developing the
emission inventory, it is preferable to use site-specific measured data
for the variables when it is available because it would better reflect
the conditions at a particular landfill. If site-specific data is not
available, default values for these variables, which are found in AP-42,
can be used. The default values for these variables are designed to
provide typical, or average, estimates of landfill emissions and are
appropriate for use in State emission inventories. However, it should be
stressed that the AP-42 default values should NOT be used to determine
applicability of or compliance with the MSW landfills Emission
Guidelines.

**Subpart WWW Procedures**. Under the Emission Guidelines, the owner or
operator must use the tiered emission estimation procedure in § 60.754
of Subpart WWW to determine whether the annual emission rate equals or
exceeds the 50 Mg/yr NMOC cutoff and whether the landfill must be
controlled. The owner or operator must use the equations and Tier 1
default values provided in the NSPS and the Emission Guidelines to
determine NMOC emissions or develop site-specific values using the
Tier 2 or 3 procedures in § 60.754. If a MSW landfill equals or exceeds
the 50 Mg/yr cutoff using Tier 1 procedures, they can apply controls or
collect site-specific data and refine the emission estimates using
Tier 2 or 3 procedures.

**Computer Model for Calculating Emissions**. A computer model is
available to calculate landfill emissions. It uses equations that are
the same as those in the Emission Guidelines and AP-42. The model
contains default values from AP-42 that can be used to estimate
emissions for inventories and permitting purposes. It also contains
default values from the NSPS and Emission Guidelines that can be used to
determine applicability of the Emission Guidelines. Appendix D provides
information on the computer model and how to obtain it.

**3.4.2 Annual Emission Reporting**

In addition to the initial emission inventory, States must submit annual
progress reports on implementation of the Emission Guidelines. These
annual progress reports, described in Section 3.10, must include updated
NMOC emission rate data (per § 60.25(a), (e), and (f) of Subpart B). To
avoid duplication, these updated emission estimates must be included in
the annual State Implementation Plan (SIP) reports required by § 51.321.
These annual reports must update the emission inventory for those
sources whose emissions have changed more than 5 percent from the most
recently submitted emission data (as specified in §§ 51.321 through
51.323). If emissions from an MSW landfill have not changed more than
5 percent, then the State must update the year of record of the
previously reported emission data. This emission data must be reported
to the Aerometric Information Retrieval System Facility Subsystem (AFS)
as specified in 40 CFR Part 60, Appendix D. AFS is a repository of
emission information for stationary sources that has now superseded the
National Emissions Data System (NEDS) described in 40 CFR Part 60,
Appendix D. A discussion of other types of information that must be
included in the annual progress reports is contained in Section 3.10.

**3.5 [Emission Standards]{.underline}**

**3.5.1 Allowable Emission Rates and Control Requirements**

The State plan must include emission standards that prescribe allowable
emission rates for existing MSW landfills. Subpart B \[§ 60.24(c)\]
specifies that emission standards should be \"no less stringent than\"
the Subpart Cc Emission Guidelines, except as provided under § 60.24(f),
discussed in Section 3.11.

The Emission Guidelines require control of emissions from existing MSW
landfills (that is, MSW landfills that commenced construction,
modification, or reconstruction before May 30, 1991 and have not been
modified or reconstructed since May 30, 1991 and have accepted waste at
any time since November 8, 1987 or have additional capacity for future
waste deposition) that:

> have a design capacity greater than or equal to 2.5 million Mg and
> 2.5 million m^3^; and
>
> have an NMOC emission rate of 50 Mg/year or more.

The level of control required by the Emission Guidelines for these
landfills includes a collection and control system. The collection
system must meet certain design criteria. The control system must
either:

> achieve 98 percent NMOC reduction (by weight, determined by the
> performance test procedures specified in the rule); or
>
> be an enclosed combustion device achieving an outlet NMOC
> concentration of less than 20 ppmv (as hexane, dry basis at 3 percent
> oxygen); or
>
> be an open flare meeting the design and operating specifications of
> § 60.18 of 40 CFR Part 60 Subpart A.

State plans must generally require this same level of control.

Section 60.24(b)(1) of Subpart B specifies that Section 111(d) State
plans should include emission rates, or if these are impractical, State
plans may contain equipment specifications. The Emission Guidelines for
existing MSW landfills provide a combination of emission limits and
design criteria. Emission limits (for example, 98 percent reduction) are
practical for most control devices and are included in the Emission
Guidelines. However, it is not practical to establish numerical limits
or measure performance for landfill gas collection systems and flares,
so design criteria are provided for gas collection systems and flares.
Thus, a State plan that allows design criteria for gas collection
systems and flares similar to the Emission Guidelines will meet the
requirements of § 60.24(b)(1).

Section 60.24(b)(1) further specifies that if emission standards
prescribing equipment specifications are established, the State plan
must set forth to the degree possible the emission reductions achievable
by implementation of such specifications. The State plan may permit
compliance by the use of equipment determined by the State to be
equivalent to that prescribed. The Subpart Cc Emission Guidelines
contain design criteria rather than prescriptive equipment
specifications. They also provide for submission of alternative
collection system design plans for systems that do not meet the design
criteria for active collection systems and they provide for approval of
alternative collection systems and control devices. Therefore, State
plans that allow alternative equipment that meet the design criteria for
active and passive collection systems specified in the Emission
Guidelines will fulfill the intent of § 60.24(b)(1). Section 60.24(f)
allows the State in certain case-by-case situations to provide for a
less stringent standard (see Section 3.11).

**3.6 [Process for Review of Design Plans]{.underline}**

The Emissions Guidelines \[§ 60.33c(b) of Subpart Cc\] require State
plans to include a process for State review and approval of
site-specific design plans for required gas collection and control
systems. If MSW landfill emissions equal or exceed 50 Mg/yr, the
landfill owner or operator must submit a site-specific design plan
within 1 year. The plan must be prepared by a professional engineer and
must meet the design criteria in § 60.752(b)(2)(ii) of Subpart WWW. The
plan must also conform to design specifications for active collection
systems in § 60.759 of Subpart WWW or include a demonstration of the
sufficiency of alternative provisions \[see § 60.752(b)(2) of
Subpart WWW\]. Further information about the design criteria and
examples of alternative designs are contained in \"Municipal Solid Waste
Landfills, Volume 1: Summary of the Requirements for the New Source
Performance Standards and Emission Guidelines for Municipal Solid Waste
Landfills\" (EPA-453/R-96-004).

The process that the State will use to review the gas collection and
control system design plan must be described in the State plan. The
description of the process in the State plan could include information
on review responsibilities, schedules, and notification procedures such
as communication of reasons for disapproval. States are encouraged to
review the design plans expeditiously so that there is sufficient time
after approval for the landfills to install controls prior to the
compliance date.

**3.7 [Compliance Schedules]{.underline}**

To comply with the emission limits contained in the Section 111(d) State
plan, existing MSW landfills may need to install emission controls. The
State plan must contain schedules for controlling emissions from these
landfills. The elements included in a compliance schedule are listed in
Table 3-2.

**3.7.1 Compliance Times**

The compliance schedules for MSW landfills are developed by the State
air pollution control agency considering input from the public and input
from the MSW landfills owners and operators. The Emission Guidelines
place certain restrictions on these schedules.

The Emission Guidelines \[§ 60.36(c)\] specify that owners or operators
must accomplish specific tasks within 30 months after the Annual
Emission Rate Report first shows that emissions equal or exceed 50 Mg/yr
of NMOC. These tasks include planning, awarding of contracts, installing
MSW landfill air emission collection and control equipment capable of
meeting the Emission Guidelines, and complying with the Emission
Guidelines.

**Table 3-2. Schedule for MSW Landfill Compliance with**

**the Emission Guidelines**

  ------------------------------- ---------------------------------------
  State plan submittal to EPA     December 12, 1996

  EPA approval of State plan      April 12, 1997

  Submit Design Capacity Report.  A set date in State plan. For
  Also submit first Annual        consistency with Subparts Cc and WWW,
  Emission Rate Report if design  90 days after the effective date of the
  capacity is greater than or     EPA's approval of the State plan.
  equal to 2.5 million Mg and     
  2.5 million m^3^                

  If not in compliance by this    April 12, 1998
  date, need enforceable          
  increments of progress for MSW  
  landfills                       

  Submit a final control plan.    A set date in State plan. For
  (The final control plan may be  consistency with Subparts Cc and WWW,
  interpreted to be the same as   the collection and control system
  the site-specific collection    design plan must be submitted within 1
  and control system design plan  year after the date of the landfill\'s
  required by the Emission        submittal of the first Annual Emission
  Guidelines.)                    Rate Report that shows that NMOC
                                  emissions first equal or exceed
                                  50 Mg/yr of NMOC

  Award contracts for gas         A set date in State plan
  collection and control system   

  Initiate construction or        A set date in State plan
  installation of gas collection  
  and control system              

  Complete construction and       A set date in State plan. For
  installation of gas collection  consistency with Subpart Cc,
  and control system              installation of a collection and
                                  control system capable of achieving
                                  compliance with the Emission Guidelines
                                  must be accomplished within 30 months
                                  after a landfill\'s annual emission
                                  rate report first shows that emissions
                                  equal or exceed 50 Mg/yr of NMOC.^a^

  Final compliance date for MSW   A set date in State plan. For
  landfill                        consistency with Subpart Cc, the
                                  collection and control system must be
                                  operating in compliance with the
                                  Emission Guidelines within 30 months
                                  after a landfill\'s annual emission
                                  rate report first shows that emissions
                                  equal or exceed 50 Mg/yr of NMOC.^a^

  Initial performance test for    As scheduled in State plan and for
  MSW landfill control system     consistency with the NSPS general
                                  provisions, no later than 180 days
                                  after installation of the collection
                                  and control system

  Reports of periodic monitoring  Annually after compliance date
  results                         
  ------------------------------- ---------------------------------------

^a^On a case-by-case basis, the State may provide for a longer
compliance schedule only if the State demonstrates in

the Section 111(d) State plan that the criteria in § 60.24(f) of
Subpart B are met, and the EPA approves the

compliance schedule.

States can require landfills to comply sooner than the dates specified
in the Emission Guidelines. In fact, § 60.24(c) specifies that State
plans must require compliance as expeditiously as practicable, but no
later than the compliance times suggested in the Emission Guidelines.
The EPA believes that many landfills will need the compliance time
specified in the Emission Guidelines to design and install collection
and control systems. A shorter compliance time may be specified if a
State determines more rapid compliance is reasonable for certain
landfills, or groups of landfills. States may provide for a longer
compliance schedule on a case-by-case basis (see Section 3.11.3).

**3.7.2 Increments of Progress**

Compliance schedules for MSW landfills with compliance dates that extend
more than 1 year beyond the date of State plan approval must include
legally enforceable increments of progress towards compliance as
required by § 60.24(e) of Subpart B. Because the Emission Guidelines
allow 30 months after the first Annual Emission Rate Report shows NMOC
emissions equal or exceed 50 Mg/yr for compliance, State plans that are
based on the Emission Guidelines will need to include increments of
progress. Each increment of progress in § 60.21(h) of Subpart B must
have an enforceable compliance date in the Section 111(d) State plan
that may include such additional increments of progress as may be
necessary for close and effective supervision of progress toward final
compliance.

The minimum five increments of progress required by § 60.21(h) of
Subpart B for each MSW landfill within a State are as follows:

> 1\. Submitting a final control plan. The control plan may be
> interpreted to be the same as the site-specific collection and control
> system design plan required by the Emission Guidelines (see
> Section 3.6). If the State plan uses the schedule in Subparts Cc and
> WWW, an Annual Emission Rate Report is due 90 days after the effective
> date of EPA's approval of the State plan and the control plan is due
> within 1 year of the date of the first Annual Emission Report showing
> that the NMOC emission rate is 50 Mg/yr or greater. In this example,
> the date of the increment of progress is tied to the date of the
> annual emission report;
>
> 2\. Awarding contracts for construction of collection and control
> systems or orders for purchase of components;
>
> 3\. Initiating on-site construction or installation of the collection
> and control systems;
>
> 4\. Completing on-site construction or installation of collection and
> control systems; and
>
> 5\. Final compliance.

All five increments of progress for MSW landfills can be fixed calendar
dates or floating dates (such as the example shown for increment No. 1).
The floating dates can be tied to the effective date of EPA's approval
of the State plan or the date the Annual Emission Rate Report shows that
NMOC emissions equal or exceed 50 Mg/yr.

As previously discussed, Subpart Cc requires the fourth increment, the
installation of collection and control systems capable of meeting the
Emission Guidelines to be completed within 30 months after the date the
first Annual NMOC Emission Rate Report shows NMOC emissions equal or
exceed 50 Mg/yr. The landfill must also be in compliance (increment 5)
at this time.

EPA strongly recommends that a date for the initial official performance
test of the control device be included in the Section 111(d) State plan.
Following installation of the collection and control system, a
performance test must be completed within 180 days. In addition, the
Section 111 general provisions (40 CFR 60 Subpart A) require a 30-day
notice before a performance test. The report of the performance test
results must be submitted within 60 days after the test is conducted.
These test results are for demonstrating whether or not the MSW landfill
is in compliance with the emission standards after the controls are
installed. This performance test timing is consistent with other EPA air
regulations for existing sources, such as the NESHAP general provisions
(40 CFR 63 Subpart A). Note that the \"initial\" official performance
test denoted above does not mean the first ever test but rather the
first official test for determining compliance; that is, EPA would
expect MSW landfill owners and operators to conduct preliminary tests
for their own use (similar to other industry owners and operators who
typically conduct preliminary tests to tune equipment) at least two to
three months before the scheduled initial official performance test.
Preliminary tests enable MSW landfill owners to make any necessary
\"shakedown\" adjustments and retest before the initial official
performance test. EPA does not have to be notified of the unofficial
tests nor do they have to be on site for the unofficial tests.

The Section 111(d) State plan may include one set of increments with
compliance dates applicable to all MSW landfills within the State or it
may vary the compliance dates from one MSW landfill to another to
address specific issues relevant to individual landfills. In all cases,
the enforceable increments of progress must be arranged chronologically,
and the compliance dates must be set to ensure full compliance with the
applicable requirements as expeditiously as practicable \[§ 60.24(c) of
Subpart B\]. For example, a State plan that requires a MSW landfill to
submit a final control plan no later than 2 years after the effective
date of EPA's approval of the State plan will likely be disapproved
because the increment is too close to the end of the compliance window,
does not appear to ensure expeditious progress, and thus jeopardizes
timely compliance. Although there may be MSW landfill-specific reasons
for other schedules, EPA would expect the control plan to be submitted
within 15 months of the effective date of EPA's approval of the State
plan (90 days for the first Annual Emission Rate Report plus 1 year for
the control plan if NMOC emissions equal or exceed 50 Mg/yr). EPA would
expect contracts to be awarded within about 20 months for landfills that
must comply within 33 months (90 days for the Annual Emission Rate
Report plus 30 months for compliance, if NMOC emissions equal or exceed
50 Mg/yr).

**3.8 [Testing, Monitoring, Recordkeeping, and Reporting]{.underline}**

The Section 111(d) State plan must include requirements for the testing,
monitoring, recordkeeping, and reporting provisions from the Emission
Guidelines.

**3.8.1 Requirements of the Emission Guidelines**

The testing and monitoring provisions are specified in the MSW landfills
Emission Guidelines (§ 60.34c of Subpart Cc). They apply to landfills
with design capacities greater than or equal to 2.5 million Mg and
2.5 million m^3^, and include, in particular:

> calculation of the MSW landfill NMOC emission rate using the
> procedures in § 60.754 of Subpart WWW to determine whether the annual
> emission rate equals or exceeds the emission rate cutoff of 50 Mg/yr;
>
> the operational standards in § 60.753 of Subpart WWW;
>
> the compliance provisions in § 60.755 of Subpart WWW; and
>
> the monitoring provisions in § 60.756 of Subpart WWW.

For landfills that emit 50 Mg/yr or more of NMOC, a performance test is
required to demonstrate that the control device achieves the specified
emission limits. The operational standards, compliance, and monitoring
provisions require periodic monitoring of surface methane concentration,
wellhead temperature, and nitrogen or oxygen level. Details on the
compliance and monitoring requirements are contained in Subparts Cc and
WWW (Appendix I). The document, \"Municipal Solid Waste Landfills,
Volume 1: Summary of the Requirements for the New Source Performance
Standards and Emission Guidelines for Municipal Solid Waste Landfills\"
(EPA-453/R-96-004) further explains these requirements.

The recordkeeping and reporting provisions are specified in the MSW
landfills Emission Guidelines (§ 60.25c of Subpart Cc). For approval,
the State plan must include:

> the reporting provisions in § 60.757 of Subpart WWW; and
>
> the recordkeeping provisions in § 60.758 of Subpart WWW.

The MSW landfill owner or operator must maintain records of the design
capacity, performance test, and monitoring data for five years. Certain
records on collection and control system design and the initial
performance test must be kept for the life of the control equipment. The
MSW landfill owner or operator must submit an initial design capacity
report. If the design capacity is greater than or equal to 2.5 million
Mg and 2.5 million m^3^, the landfill owner or operator must submit
Annual NMOC Emission Rate Reports.[^6] Both the design capacity report
and the first Annual Emission Rate Report are due within 90 days of the
effective date of EPA's approval of the State plan. If NMOC emissions
are 50 Mg/yr or more, a collection and control system design plan must
be submitted. An initial test report and annual report of testing and
monitoring results are required after the collection and control system
is installed. Closure reports are required when the landfill closes.
These recordkeeping and reporting requirements are described in more
detail in the \"Municipal Solid Waste Landfills, Volume 1: Summary of
the Requirements for the New Source Performance Standards and Emission
Guidelines for Municipal Solid Waste Landfills\" (EPA-453/R-96-004). The
regulatory text of these requirements are contained in Subpart Cc and
Subpart WWW (Appendix I).

A State plan that incorporates the testing, monitoring, reporting, and
recordkeeping requirements specified in Subpart Cc will be consistent
with the State plan requirements in Subpart B. Under § 60.25(b) of
Subpart B, State plan requirements for monitoring compliance must
include the following:

> legally enforceable requirements for owners and operators to keep
> records of the nature and amount of emissions and any other
> information that may be necessary to enable the State to judge
> compliance. This information must be reported periodically to the
> State (Subpart Cc requires such records and reports);
>
> legally enforceable requirements that provide for periodic inspection
> and testing (Subpart Cc requires periodic inspection and monitoring);
> and
>
> provisions for making reports of emission data, correlated with the
> emission standards that apply, available to the general public. This
> would include the Annual Emission Rate Reports, in Mg/yr, that must be
> submitted for uncontrolled landfills. The reported annual emission
> rate would be compared to the 50 Mg/yr threshold to determine whether
> controls must be installed.[^7]

**3.8.2 Provisions for Requirements Other Than Those in the Emission
Guidelines**

Requirements in State plans for compliance demonstration, monitoring,
recordkeeping, and reporting must be at least as stringent as the
Emission Guidelines. In developing the Emission Guidelines, EPA sought
to develop a system that would provide all the information necessary to
determine compliance, yet would not be burdensome to landfills or
generate unnecessary paperwork. However, a State can choose to require
more frequent reports or additional information. Test methods and
procedures for determining compliance that are different than those
specified in 40 CFR Part 60, Appendix A may be specified in the plan as
allowed in § 60.24(b) of Subpart B. These alternatives must be shown to
be \"equivalent methods,\" or acceptable \"alternative methods\" as
defined in § 60.2 of Subpart A.

**3.9 [Public Hearings]{.underline}**

Public participation, under the provisions of the CAA, is an important
right and responsibility of citizens in the State process of developing,
adopting, and implementing Section 111(d) State plans. As with State
Implementation Plans (SIPs) for criteria pollutants, EPA regulations in
40 CFR Part 60, Subpart B, make it clear that citizen input on
Section 111(d) State plans is encouraged in order to help define
appropriate emission standards and compliance schedules. Under
Subpart B, some minimum public participation requirements are as
follows:

1\. Reasonable notice of opportunity for one or more public hearing(s)
at least 30 days before the hearing.

2\. One or more public hearing(s) on the Section 111(d) State plan (or
revision) conducted at location(s) within the State, if requested.

3\. Date, time, and place of hearing(s) prominently advertised in each
region affected.

4\. Availability of draft Section 111(d) State plan for public
inspection in at least one location in each region to which it will
apply.

5\. Notice of hearing provided to:

a\. EPA Regional Administrator

b\. Local affected agencies

c\. Other States affected

6\. Certification that the public hearing, if held, was conducted in
accordance with Subpart B and State procedures.

7\. Hearing records must be retained for a minimum of two years. These
records must include the list of commenters, their affiliation, summary
of each presentation and/or comments submitted, and the State\'s
responses to those comments.

**3.10 [State Progress Reports to EPA]{.underline}**

States are required under § 60.25(e) and (f) to submit to EPA annual
reports on the progress of plan enforcement. These reports must be
incorporated into the reports required by 40 CFR § 51.321. Inclusion in
this § 51.321 report is intended to avoid duplicative reporting. The
first progress report is due 1 year after plan approval or promulgation
of a plan by EPA. Section 60.25(f) applies to all regulated sources;
however, MSW landfills and emissions from MSW landfills are different
from typical sources and emissions. The following list has been modified
to reflect how the progress report items specifically apply to MSW
landfills.

> 1\. Enforcement actions. The State must report enforcement actions
> initiated against a MSW landfill during the reporting period. For
> example, the State must report any enforcement actions taken in
> response to a compliance schedule or emission limit violation.
>
> 2\. Increments of progress. The State must report achievement of
> increments of progress made by landfills such as submittal of a final
> control plan (design plan) or initiation of on-site construction of
> the collection and control system.
>
> 3\. Identification of MSW landfills that have closed and ceased to
> operate a collection and control system. Landfills that have ceased to
> accept MSW will continue to emit NMOC. Emission Guidelines require the
> control system to be operated even after the landfill has closed.
> Control systems may be removed after: a closure report has been
> submitted, the collection and control system has been operated a
> minimum of 15 years, and NMOC emissions are less than 50 Mg/yr. The
> State progress report should identify closed MSW landfills that have
> met these criteria and have ceased to operate their control systems.
>
> 4\. Emission inventory for MSW landfills that were not in operation or
> were not identified at the time of plan development. Except for MSW
> landfills that were not identified in the State plan and were later
> determined to be affected by the Emission Guidelines, most existing
> MSW landfills would have been in operation at the time of plan
> development.
>
> 5\. Updated information or emission data. The State must report
> updated landfill information such as any increases in design capacity
> and newly identified existing MSW landfills that were not included in
> the State plan. In addition, emissions data must be reported for
> existing MSW landfills, if the annual emission rate from the landfill
> has changed by more than 5 percent from the previous year, as
> discussed in Section 3.4.2. Emissions must also be reported if the
> annual emission rate report submitted by a MSW landfill shows that
> emissions have increased to 50 Mg/yr or more, such that the landfill
> now requires control.
>
> 6\. Test reports and concurrent data. Subpart B requires that the
> initial performance test and concurrent process data be submitted with
> an annual report. However, since MSW landfill emissions are not
> generated by a manufacturing process, concurrent process data are not
> applicable; therefore, control device operating conditions should be
> reported with the performance test.

States may want to include additional information on periodic inspection
and testing activities, emission and parameter exceedances, QA/QC,
outreach activities, Title V or other permit condition compliance
status, and compliance assistance activities. Some States and EPA
regional offices have developed more specific or tailored reporting and
recordkeeping procedures via Memoranda of Agreements, Program Specific
Guidance for Section 105 Grants, and the Timely and Appropriateness
Guidance. For example, some EPA offices prefer that the States retain
the performance test reports until EPA requests review as part of a
compliance determination or other action. The State and EPA will
continue to have discretion on the format of the annual reports. States
should work with their EPA regional office to determine appropriate
reporting procedures for MSW landfill State plans.

**3.11 [State Flexibility]{.underline}**

States may request an extension to the submittal date of their State
plans or prescribe less stringent emission standards or longer
compliance schedules than the Emission Guidelines. These case-by-case
situations are described below.

**3.11.1 Submittal of State Plan**

**Extension of Submittal of State Plan**. Section 60.27(a) allows the
EPA Administrator to extend the period of submission of plans or revised
plans if the Administrator determines this to be necessary. If a State
requests an extension, the State must demonstrate why such an extension
is necessary.

**3.11.2 Emission Standards**

States may prescribe more stringent emission standards than the Emission
Guidelines. States may prescribe less stringent emission standards only
in unique situations. These case-by-case less stringent standards must
be justified in the State plan and are subject to EPA approval. The
provisions for allowing less stringent emission standards are provided
in § 60.24(f) of Subpart B. This paragraph States that on a case-by-case
basis for particular designated facilities, or classes of facilities,
States may provide for the application of less stringent emission
standards if certain criteria are met. These criteria are:
(1) unreasonable cost of control resulting from age, location, or
design, (2) physical impossibility of installing necessary control
equipment, or (3) other factors specific to the MSW landfills that make
application of a less stringent standard significantly more reasonable.
The State is responsible for demonstrating the reason for any less
stringent emission standards in its State plan.

The MSW landfill Emission Guidelines are a health-based Section 111(d)
emission standard rather than a welfare-based standard as have been some
previous Section 111(d) standards. As a health-based standard, greater
consideration should be given to the health impacts of a less stringent
emission standard during the development and evaluation of State
standards for MSW landfills. Any less stringent emission standards
should be carefully reviewed to assure that public health will not be
adversely affected by MSW landfill emissions.

Public comments on the landfill NSPS and Emission Guidelines contain
examples of situations where a State might want to consider a less
stringent standard. These public comments are summarized in the
background information document, \"Air Emissions from Municipal Solid
Waste Landfills --- Background Information for Final Standards and
Guidelines,\" (EPA-453/R-94-021). For example, an existing MSW landfill
might already have installed a 95 percent efficient combustion control
device prior to proposal of the Emission Guidelines. Engineering
analysis might show that the existing control device cannot be upgraded
to achieve 98 percent. The State might judge the costs of replacing the
control device to be unreasonable in light of the 3 percent additional
reduction that would be achieved. Another example that might warrant
special consideration would be a landfill that closed on or after
November 8, 1987, but before the May 1991 proposal date and that has no
means of obtaining funding for installation of a control system. A third
situation would be a landfill that accepts very little MSW and, because
of the site-specific waste mixture and landfill design characteristics,
experiences unreasonable costs relative to typical landfills. It should
be stressed that the State must demonstrate that one or more of the
criteria in § 60.24(f) are met and gain EPA approval in order to apply a
less stringent standard.

**3.11.3 Compliance Schedules**

States have the option of allowing longer compliance times for
particular MSW landfills or classes of MSW landfills on a case-by-case
basis if certain criteria listed in § 60.24(f) are met. These criteria
are the same as the criteria for a less stringent standard. These
criteria allow States discretion in regulating individual MSW landfills.
In the plan, the State must demonstrate that one of these criteria apply
when a less stringent compliance schedule is specified for a MSW
landfill or class of MSW landfills. EPA approval is required for less
stringent control system schedules. As mentioned in Section 3.11.2, the
MSW landfill Emission Guidelines are a health-based standard rather than
a welfare-based standard. As a health-based standard, greater
consideration should be given to the health impacts of any less
stringent compliance schedule during the development and evaluation of
State plans for MSW landfills.

**4.0 ANSWERS TO SOME GENERAL QUESTIONS ABOUT SECTION 111(D) STATE
PLANS**

This section contains answers to some frequently asked questions about
development and submittal of Section 111(d) State plans. Additional
questions and answers are contained in the document \"Municipal Solid
Waste Landfill New Source Performance Standards and Emission
Guidelines---Questions and Answers,\" available on the TTN Web.

**Question No. 1**: If a State uses a SIP regulation as a basis for the
enforceable mechanism in a State plan, does the State need to
demonstrate legal authority?

> **Answer**: A State can select from a range of legal mechanisms as
> described in this summary document provided that the State can show it
> has adequate legal authority. A demonstration of legal authority is
> required in all cases except for State rules. If a SIP rule is used,
> citations, rather than copies of actual State legal authority are
> adequate. The State must show that the SIP requirements are adequate
> to meet the NMOC control requirements in the Emission Guidelines.
> \[See § 60.26(b) of Subpart B\].

**Question No. 2**: Do emission limits in the State plan need to be the
[same]{.underline} as the emission limits in the Subpart Cc Emission
Guidelines?

> **Answer**: The emission limits in the State plan must generally be
> \"no less stringent than\" the Emission Guidelines, and EPA recommends
> that the limits be presented in the same regulatory format as the
> Emission Guidelines (for example, a percent reduction or concentration
> limits for the control device and design criteria for the gas
> collection system). If a regulatory format other than that used in the
> Emission Guidelines is used in a State plan, then the State must show
> how the format correlates to the format in the Emission Guidelines and
> demonstrate that it is no less stringent than the Emission Guidelines.
> In limited case-by-case situations, a State plan may request approval
> of less stringent emission limits. As described in Section 3.11.2, the
> State plan would need to demonstrate that the criteria in § 60.24(f)
> of Subpart B are met and EPA approval would be required.

**Question No. 3**: Does the State plan need to address each MSW
landfill located in the State in the inventory?

> **Answer**: Only existing MSW landfills that are subject to the
> Emission Guidelines must be addressed by the State plan and included
> in the inventory.

**Question No. 4**: Can a State plan identify [only]{.underline} air
pollution control equipment to be installed or must it include emission
limits?

> **Answer**: A State plan [must]{.underline} include emission standards
> that are no less stringent than the Emission Guidelines, and they must
> apply them to each MSW landfill that meets the applicability criteria
> in the Emission Guidelines (see Section 3.5). The Emission Guidelines
> include percent reduction and outlet concentration standards for
> control devices. They also include design criteria for gas collection
> systems and flares, because it was not feasible to establish a
> numerical limit for these controls. Prescriptive equipment
> specifications are not required, and alone are unacceptable.

**Question No. 5**: Do reporting requirements in State plans apply to
MSW landfill operators or just State agencies?

> **Answer**: There are requirements that apply to MSW landfill
> operators and requirements that apply to State agencies. The State has
> responsibilities to develop the State plan and to report
> implementation progress to EPA. The MSW landfill owner or operator
> must show expeditious progress on achieving compliance by the dates
> set and then show continuing compliance with the standard by a
> performance test and periodic monitoring, recordkeeping, and
> reporting. Additional information on testing, monitoring,
> recordkeeping, and reporting requirements that apply to MSW landfill
> owners or operators are contained in MSW Landfills, Volume 1,
> (EPA-453/R-96-004), and in Subparts Cc and WWW (see Appendix I).

**Question No. 6**: Are fixed calendar dates required in increments of
progress?

> **Answer**: Either calendar dates or floating dates can be used for
> these increments of progress. There are five mandatory increments of
> compliance. These are: 1) submittal of a final control plan
> (collection and control system design plan); 2) awarding of contracts;
> 3) initiation of on-site construction of collection and control
> systems; 4) completion of on-site installation of collection and
> control systems; and 5) final compliance.
>
> The State may submit a schedule that uses either all calendar dates or
> a mix of calendar and floating dates, or a State could submit a
> schedule with dates that all float. The dates may float from the
> effective date of EPA's approval of the State plan or the date the
> Annual Emission Rate Report shows that NMOC emissions equal or exceed
> 50 Mg/yr.
>
> For the fourth and fifth increments of progress, completion of
> installation of collection and control systems and final compliance,
> respectively, if a floating date is used, that date must be no later
> than 30 months after the Annual Emission Rate Report first shows that
> the landfill has reached or exceeded an annual NMOC emission rate of
> 50 Mg/yr .

**Question No. 7**: Are public hearings required prior to submittal of a
State plan?

> **Answer**: Adequate opportunity for public hearings is required. The
> requirements described in Section 3.9 of this document apply and
> require the opportunity for public hearings on State plans prior to
> submittal. If after adequate notice, no one requests a hearing, the
> hearing is not required.

**Question No. 8**: Can the States incorporate the MSW landfill progress
reports into their 40 CFR Part 51, § 51.321 annual report for SIPs?

**Answer**: Yes, EPA encourages States/EPA coordination to work with the
EPA to minimize any potential duplication of reporting requirements and
to tailor the reports to ensure the most productive compliance and
enforcement activities.

[^1]: 1 ^1^On a case-by-case basis, the State may provide for a less
    stringent standard or a longer compliance schedule if the State
    demonstrates to EPA that the criteria in § 60.24(f) of Subpart B are
    met, and the EPA approves the standard or schedule. See Section 3.11
    for additional information.

[^2]: 2 The MSW landfills Section 111(d) Plans apply to MSW landfill
    emissions, measured as NMOC.

[^3]: 3 ^3^On a case-by-case basis, the State may provide for a less
    stringent standard or a longer compliance schedule if the State
    demonstrates to EPA that the criteria in § 60.24(f) of Subpart B are
    met, and the EPA approves the standard or schedule. See Section 3.11
    for additional information.

[^4]: 4 ^4^For MSW landfills, the regulated pollutant is MSW landfill
    emissions, measured as NMOC.

[^5]: 5 ^5^AP-42 is the common name for the EPA document entitled
    \"Compilation of Air Pollutant Emission Factors, Volume I:
    Stationary Point and Area Sources,\" Fifth Edition, January 1995,
    available from GPO or from the CHIEF TTN Website
    (http://www.epa.gov/ttn/chief). The landfill emission factors
    section was updated in November 1998.

[^6]: 6 ^6^If estimated NMOC emissions are less than 50 Mg/yr for each
    of the next 5 consecutive years, the owner or operator may elect to
    submit a 5-year emission rate report instead of Annual Emission Rate
    Reports per § 60.757(b) of Subpart WWW.

[^7]: 7 ^7^For landfills that require control, the emission standards
    are expressed in terms of design criteria and operational
    requirements for the gas collection system and a percent reduction
    for the control device, instead of emission rate limits. Therefore,
    the Subpart B requirement to \"correlate\" the annual emission
    inventory information (in Mg/yr, discussed in Section 3.4) with the
    landfill emission standards is not relevant for controlled
    landfills. The performance testing, monitoring, and recordkeeping
    procedures in the Emission Guidelines are appropriate for
    determining compliance with the percent reduction limit and
    collection system requirements.