Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 8197 

§ 28.25 [Amended] 

■ 15. In § 28.25, in paragraph (a), 

remove ‘‘Office of Administrative Law 

Judges’’ and add in its place ‘‘Office of 

Hearings and Appeals’’. 

PART 30—CIVIL MONEY PENALTIES: 

CERTAIN PROHIBITED CONDUCT 

■ 16. The authority citation for part 30 

continues to read as follows: 

Authority: 12 U.S.C. 1701q–1, 1703, 1723i, 

1735f–14, and 1735f–15; 15 U.S.C. 1717a; 28 

U.S.C. 1 note and 2461 note; 42 U.S.C. 

1437z–1 and 3535(d). 

■ 17. In part 30, remove ‘‘Office of 

Administrative Law Judges’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

PART 81—THE SECRETARY OF HUD’S 

REGULATION OF THE FEDERAL 

NATIONAL MORTGAGE ASSOCIATION 

(FANNIE MAE) AND THE FEDERAL 

HOME LOAN MORTGAGE 

CORPORATION (FREDDIE MAC) 

■ 18. The authority citation for part 81 

continues to read as follows: 

Authority: 12 U.S.C. 1451 et seq., 1716– 

1723h, and 4501–4641; 28 U.S.C. 2461 note; 

42 U.S.C. 3535(d) and 3601–3619. 

■ 19. In part 81, remove ‘‘Office of 

Administrative Law Judges’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

PART 103—FAIR HOUSING— 

COMPLAINT PROCESSING 

■ 20. The authority citation for part 103 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d), 3600–3619. 

PART 103—[Amended] 

■ 21. In part 103, remove ‘‘Office of 

Administrative Law Judges’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

PART 180—CONSOLIDATED HUD 

HEARING PROCEDURES FOR CIVIL 

RIGHTS MATTERS 

■ 22. The authority citation for part 180 

continues to read as follows: 

Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 

42 U.S.C. 2000d–1, 3535(d), 3601–3619, 

5301–5320, and 6103. 

■ 23. In part 180: 

■ a. Remove ‘‘Director of the Office of 

Hearings and Appeals’’ and add in its 

place ‘‘Chief Administrative Law Judge’’ 

wherever it appears; and 

■ b. Remove ‘‘Office of ALJs’’ and add 

in its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

PART 570—COMMUNITY 

DEVELOPMENT BLOCK GRANTS 

■ 24. The authority citation for part 570 

continues to read as follows: 

Authority: 12 U.S.C. 1701x, 1701 x–1; 42 

U.S.C. 3535(d) and 5301–5320. 

§ 570.496 [Amended] 

■ 25. In § 570.496, in paragraph 

(d)(1)(iii), remove ‘‘Office of 

Administrative Law Judges’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

Dated: February 8th, 2022. 

Marcia L. Fudge, 

Secretary. 

[FR Doc. 2022–03007 Filed 2–11–22; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 62, and 63 

[EPA–HQ–OAR–2002–0047; FRL–6838.1– 

03–OAR] 

RIN 2060–AV01 

National Emission Standards for 

Hazardous Air Pollutants: Municipal 

Solid Waste Landfills Residual Risk 

and Technology Review; Correction 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Final rule. 

SUMMARY: In this action, the U.S. 

Environmental Protection Agency (EPA) 

is finalizing technical revisions and 

clarifications for the national emission 

standards for hazardous air pollutants 

(NESHAP) for MSW Landfills 

established in the March 26, 2020, final 

rule. This final rule also amends the 

MSW Landfills NSPS at 40 CFR part 60, 

subpart XXX, to clarify and align the 

timing of compliance for certain 

requirements involving installation of a 

gas collection and control system 

(GCCS) under related MSW landfill 

rules. Additionally, the EPA is revising 

the definition of Administrator in the 

MSW Landfills Federal Plan that was 

promulgated on May 21, 2021 to clarify 

who has the authority to implement and 

enforce the applicable requirements. 

The EPA is also making some minor 

typographical corrections. 

DATES: The final rule is effective 

February 14, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2002–0047. All 

documents in the docket are listed on 

the https://www.regulations.gov/ 

website. Although listed, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

https://www.regulations.gov/ or in hard 

copy at the EPA Docket Center, WJC 

West Building, Room 3334, 1301 

Constitution Avenue NW, Washington, 

DC. The EPA has temporarily 

suspended its Docket Center and 

Reading Room for public visitors to 

reduce the risk of transmitting COVID– 

19. Our Docket Center staff will 

continue to provide remote customer 

service via email, phone, and webform. 

The EPA continues to carefully and 

continuously monitor information from 

the Centers for Disease Control (CDC), 

local area health departments, and our 

Federal partners so that the EPA can 

respond rapidly as conditions change 

regarding COVID–19. For further 

information on EPA Docket Center 

services and the current status, please 

visit the docket online at https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final action, contact 

Andy Sheppard, Sector Policies and 

Programs Division (E143–03), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

4161; fax number: (919) 541–0516; and 

email address: sheppard.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Preamble acronyms and 

abbreviations. The EPA uses multiple 

acronyms and terms in this preamble. 

While this list may not be exhaustive, to 

ease the reading of this preamble and for 

reference purposes, the EPA defines the 

following terms and acronyms here: 

CAA Clean Air Act 

CBI Confidential Business Information 

CFR Code of Federal Regulations 

COVID–19 coronavirus disease of 2019 

EPA Environmental Protection Agency 

GCCS gas collection and control system 

HAP hazardous air pollutants 

m3 cubic meter 

Mg megagram 

MSW municipal solid waste 

NMOC nonmethane organic compounds 

NSPS new source performance standards 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

RTR risk and technology review 

SSM startup, shutdown, and malfunction 


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RIN Regulatory Information Number 

UMRA Unfunded Mandate Reform Act 

Organization of this document. The 

information in this preamble is 

organized as follows: 

I. General Information 

A. Does this final action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

C. What is the statutory authority for this 

action? 

D. Judicial Review 

II. Background 

A. What is the regulatory development 

background for this final action? 

B. What is the purpose of this action? 

III. Summary of Changes Since Proposal and 

Response to Comments 

A. Wellhead Monitoring 

B. Compliance Timing 

C. Technical and Typographical 

Corrections 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act (CRA) 

I. General Information 

A. Does this action apply to me? 

Table 1 of this preamble lists the 

associated regulated industrial source 

categories that are the subject of this 

final rule. Table 1 is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding the entities that 

this action is likely to affect. The 

standards, once promulgated, will be 

directly applicable to the affected 

sources. Federal, state, local, and tribal 

government entities could be affected by 

this action because these entities are 

often the owners or operators of MSW 

landfills. As defined in the Initial List of 

Categories of Sources Under Section 

112(c)(1) of the Clean Air Act 

Amendments of 1990 (57 FR 31576, July 

16, 1992) and Documentation for 

Developing the Initial Source Category 

List, Final Report (see EPA–450/3–91– 

030; July 1992), the MSW Landfills 

source category is any facility that is an 

entire disposal facility in a contiguous 

geographical space where household 

waste is placed in or on land. An MSW 

landfill may also receive commercial 

waste, sludges, and industrial waste. An 

MSW landfill may also receive other 

types of Resource Conservation and 

Recovery Act (RCRA) Subtitle D wastes 

(see 40 CFR 257.2) such as commercial 

solid waste, nonhazardous sludge, 

conditionally exempt small quantity 

generator waste, and industrial solid 

waste. Portions of an MSW landfill may 

be separated by access roads. An MSW 

landfill may be publicly or privately 

owned. 

Questions regarding the applicability 

of this final action to a particular entity 

should be directed to the person listed 

in the preceding FOR FURTHER

INFORMATION CONTACT section. 

TABLE 1—INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS ACTION

Source category NAICS code 1

Industry: Air and water resource and solid waste management ................................................................................................... 924110 

Industry: Refuse systems—solid waste landfills ........................................................................................................................... 562212 

State, local, and tribal government agencies ................................................................................................................................ 562212, 924110 

1 North American Industry Classification System. 

B. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this action 

is available on the internet. Following 

signature by the EPA Administrator, the 

EPA will post a copy of this final action 

at https://www.epa.gov/stationarysources-air-pollution/municipal-solidwaste-landfills-national-emissionstandards. Following publication in the 

Federal Register, the EPA will post the 

Federal Register version of this final 

action at this same website. 

C. What is the statutory authority for 

this action? 

The statutory authority for revisions 

to the MSW Landfills NESHAP (40 CFR 

part 63, subpart AAAA) is provided by 

sections 112 and 301 of the Clean Air 

Act (CAA), as amended (42 U.S.C. 7412 

and 7401). The statutory authority for 

revisions to the MSW Landfills New 

Source Performance Standards (40 CFR 

part 60, subpart XXX) and the Federal 

Plan (40 CFR part 62, subpart OOO) is 

provided by sections 111 and 301 of the 

CAA (42 U.S.C. 7411 and 7401). 

The EPA finds that it has good cause 

to make these revisions immediately 

effective upon publication under section 

553(d) of the Administrative Procedure 

Act, 5 U.S.C. 553(d). Section 553(d) 

provides that final rules shall not 

become effective until 30 days after 

publication in the Federal Register 

‘‘except . . . as otherwise provided by 

the agency for good cause.’’ The purpose 

of this provision is to ‘‘give affected 

parties a reasonable time to adjust their 

behavior before the final rule takes 

effect.’’ Omnipoint Corp. v. Fed. 

Commc’n Comm’n, 78 F.3d 620, 630 

(DC Cir. 1996); see also United States v. 

Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 

1977) (quoting legislative history). Thus, 

in determining whether good cause 

exists to waive the 30-day delay, an 

agency should, ‘‘balance the necessity 

for immediate implementation against 

principles of fundamental fairness 

which require that all affected persons 

be afforded a reasonable amount of time 

to prepare for the effective date of its 

ruling.’’ Gavrilovic, 551 F.2d at 1105. 

The EPA has determined that there is 

good cause under section 553(d) for 

making this final rule effective 

immediately because this action 

clarifies the regulatory provisions that 

already apply to regulatory sources as 

well as the compliance deadline for 

controlled landfills that become subject 

to the 2016 MSW Landfills NSPS 

through modification is September 27, 

2021. Making this rule effective 

immediately upon publication will 

minimize confusion and increase 

compliance certainty. 

D. Judicial Review 

Under CAA section 307(b)(1), judicial 

review of this final rule is available only 

by filing a petition for review in the U.S. 

Court of Appeals for the District of 

Columbia Circuit by April 15, 2022. 

Moreover, under section 307(b)(2) of the 

CAA, the requirements established by 


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this final rule may not be challenged 

separately in any civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. Section 

307(d)(7)(B) of the CAA further provides 

that ‘‘[o]nly an objection to a rule or 

procedure which was raised with 

reasonable specificity during the period 

for public comment (including any 

public hearing) may be raised during 

judicial review.’’ This section also 

provides a mechanism for the EPA to 

convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment, (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration 

should submit a Petition for 

Reconsideration to the Office of the 

Administrator, U.S. EPA, Room 3000, 

WJC South Building, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460, with 

a copy to both the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), U.S. EPA, 

1200 Pennsylvania Ave. NW, 

Washington, DC 20460. 

II. Background 

A. What is the regulatory development 

background and legal authority for this 

action? 

The NESHAP regulates HAP 

emissions from MSW landfills that are 

either major or area sources, and applies 

to MSW landfills that have accepted 

waste since November 8, 1987, or have 

additional capacity for waste deposition 

and are major sources, are collocated 

with major sources, or are area source 

landfills with a design capacity equal to 

or greater than 2.5 million megagrams 

(Mg) and 2.5 million cubic meters (m3) 

and have estimated uncontrolled 

emissions equal to or greater than 50 

megagrams per year (Mg/yr) of nonmethane organic compounds (NMOC). 

The NESHAP also applies to MSW 

landfills that have accepted waste since 

November 8, 1987, or have additional 

capacity for waste deposition and 

include a bioreactor and are major 

sources, are collocated with major 

sources, or are area source landfills with 

a design capacity equal to or greater 

than 2.5 million Mg and 2.5 million m3

that were not permanently closed as of 

January 16, 2003. 

The EPA completed the residual risk 

and technology review (RTR) for the 

Municipal Solid Waste (MSW) Landfills 

source category as regulated under the 

MSW Landfills NESHAP and 

promulgated amendments to 40 CFR 

part 63, subpart AAAA on March 26, 

2020. (85 FR 17244). The rule finalized 

the EPA’s determination that risks from 

this source category are acceptable and 

that the standards provide an ample 

margin of safety to protect public health 

and prevent an adverse environmental 

effect. There were no revisions to the 

NESHAP based on our analyses 

conducted under CAA section 112(f). 

However, the final rule clarified 

regulatory provisions related to 

emissions during periods of startup, 

shutdown, and malfunction (SSM); 

revised wellhead operational standards 

and corrective action to improve 

effectiveness and provide compliance 

flexibility; incorporated provisions from 

the MSW Landfills NSPS; and added 

requirements for electronic reporting of 

performance test results. The EPA 

subsequently corrected inadvertent 

errors in the cross-referencing and 

formatting of the final rule and made 

minor clarifications to the operational 

and reporting requirements. (85 FR 

64398, October 13, 2020). 

In August 2016, the EPA finalized 

changes to the NSPS for MSW landfills 

resulting from the EPA’s under Clean 

Air Act (CAA) section 111. In order to 

avoid possible confusion regarding 

which MSW landfills would actually be 

subject to these changes, the EPA 

established a new subpart XXX (40 CFR 

part 60, subpart XXX) rather than 

merely updating the existing subpart 

WWW (40 CFR part 60, subpart WWW). 

One of the key changes in the new 

subpart XXX was the lowering of the 

emissions threshold for installing 

controls from 50 megagrams per year 

(Mg/yr) to 34 Mg/yr. (81 FR 59332, 

August 29, 2016). 

At the same time, the EPA reviewed 

the existing emission guideline (EG) 

(subpart Cc) and determined it was 

appropriate to revise it consistent with 

the promulgation of the new NSPS 

subpart XXX. Rather than merely 

updating subpart Cc, the EPA 

determined that the most appropriate 

way to proceed was to establish a new 

subpart Cf. (81 FR 59276, August 29, 

2016). 

The promulgation of the MSW 

landfills EG (subpart Cf) triggered states’ 

obligation to submit state plans 

applying the updated EG to existing 

sources located in their states. The EPA 

found a number of states failed to 

submit state plans for the 2016 MSW 

Landfills EG. (85 FR 14474, March 12, 

2020). In May of 2021, the EPA 

promulgated a Federal plan to 

implement the 2016 MSW Landfills EG 

for existing MSW landfills located in 

jurisdications where the EPA had not 

approved a state or tribal plan. (86 FR 

27756, May 21, 2021). 

B. What is the purpose of this action? 

On April 13, 2021, the EPA proposed 

technical revisions and clarifications for 

the NESHAP for MSW Landfills and the 

EPA proposed clarifying amendments to 

the MSW Landfills NSPS. See 86 FR 

19176. In this action, the EPA finalizes 

technical revisions and clarifications for 

the NESHAP for MSW Landfills 

established in the March 26, 2020, final 

rule. These technical revisions correct 

inadvertent errors in the NESHAP for 

MSW Landfills. This action clarifies the 

following: Wellhead monitoring 

requirements for the purpose of 

identifying excess air infiltration; 

delegation of authority to state, local, or 

tribal agencies for ‘‘emission standards;’’ 

applicability of the General Provisions 

to affected MSW landfills; and handling 

of monitoring data for combustion 

devices during periods of monitoring 

system breakdowns, repairs, calibration 

checks, and adjustments. This action 

also amends the MSW Landfills NSPS at 

40 CFR part 60, subpart XXX, to clarify 

the timing of compliance for certain 

requirements of the MSW Landfills 

NSPS for existing MSW landfills that 

have been modified but previously 

triggered the requirement to install a 

GCCS under related MSW landfill rules. 

Additionally, the EPA is revising the 

definition of Administrator in the MSW 

Landfills Federal Plan that was 

promulgated on May 21, 2021, to clarify 

who is the administrator for the Federal 

plan and the administrator for a state 

plan. The EPA is also making some 

minor typographical corrections to 

NESHAP and the Federal Plan. 

III. Summary of Changes Since 

Proposal and Response to Comments 

The EPA received two comment 

letters on the proposed revisions to the 

MSW Landfills NESHAP and NSPS 

(EPA–HQ–OAR–2002–0047–0111, EPA– 

HQ–OAR–2002–0047–0112). This 

section summarizes the EPA’s response 

to those comments and indicates where 

the EPA has made additional changes to 

the proposed revisions to the MSW 

Landfills NESHAP and NSPS, in part, in 

response to those public comments. The 

changes include clarifications to the 

wellhead monitoring requirements 

[including test methods], and 

clarifications to the compliance times 

for various landfills, especially those 

modifying and becoming subject to 40 


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CFR part 60, subpart XXX. For more 

information, see the response to 

comments document, titled, Summary 

of Public Comments and EPA’s 

Responses for the Proposed Corrections 

to National Emission Standards for 

Hazardous Air Pollutants: Municipal 

Solid Waste Landfills Residual Risk and 

Technology Review; Correction, which 

is available in the docket for this action. 

A. Wellhead Monitoring 

Comment: Commenter (0111) 

suggested that the EPA add language to 

40 CFR 63.1981(k) to clarify whether or 

not a 24-hour high temperature report is 

required for wells with landfill gas 

temperatures greater than 170 degrees 

Fahrenheit but less than an approved 

higher operating value (HOV). 

Response: The EPA is amending 40 

CFR 63.1981(j)(2) to clarify that the 

corrective action and corresponding 

timelines are not required if the landfill 

has an approved HOV. We added the 

following phrase to the end of 40 CFR 

63.1981 (j)(2): ‘‘unless a higher 

operating temperature value has been 

approved by the Administrator for the 

well under this subpart or under 40 CFR 

part 60, subpart WWW; 40 CFR part 60, 

subpart XXX; or a Federal plan or EPA 

approved and effective state plan or 

tribal plan that implements either 40 

CFR part 60, subpart Cc or 40 CFR part 

60, subpart Cf.’’ 

Comment: Commenter (0112) 

requested that EPA re-evaluate its 

proposal to require five 1-minute 

averages to be limited to 7 parts per 

million (ppm) variance. The commenter 

(0112) contends that the proposed 

requirement is unnecessarily 

prescriptive and says that although this 

low level of variability may be 

appropriate for some stationary sources 

of air emissions, such as controlled 

manufacturing processes, landfills may 

experience more variability than this 

limitation would allow. Commenter 

(0112) asserted that EPA has neither 

provided an explanation for why this 

requirement is necessary, nor shown 

that it can be achieved by landfills. 

Moreover, this requirement does not 

appear to be a necessary clarification or 

correction but rather an entirely new 

and unjustified compliance obligation. 

Therefore, unless and until EPA 

demonstrates a need for this 

requirement and that it is achievable by 

landfills, EPA should not finalize it in 

this corrections rule. 

Response: The EPA believes that a 

limited variability provision would 

increase the data quality when 

collecting samples pursuant to 40 CFR 

1961(a)(5)(vi)(D). However, the EPA 

agrees with the commenter that the CO 

concentrations can, under certain 

conditions (e.g., underground fires), 

exhibit short term CO variability higher 

than 7 ppm. Therefore, the EPA has 

removed the 7 ppm variability 

requirement and may revisit this when 

more data is available. 

Comment: Commenter (0112) 

requested that the EPA clarify language 

in 40 CFR 63.1961(a)(5)(vii) directing 

that enhanced monitoring ‘‘must begin 7 

days after the first measurement’’ to 

provide that monitoring ‘‘must begin 

within 7 days to account for landfill 

operating hours, including weekends 

and holidays.’’ 

Response: The EPA has revised 40 

CFR 63.1961(a)(5)(vii) to clarify that the 

requirement is to begin enhanced 

monitoring 7 calendar days after the 

first measurement of landfill gas 

temperature greater than 62.8 degrees 

Celsius (145 degrees Fahrenheit). 

Decomposition of waste and monitoring 

a landfill are 24-hour per day/365 day 

per year operation where conditions 

change constantly. The EPA determined 

that it is reasonable and necessary to 

begin enhanced monitoring within 7 

calendar days to keep a check on high 

temperature conditions in the landfill 

and minimize the potential for a landfill 

fire. 

B. Compliance Timing 

In the proposed rule, the EPA 

requested comment on whether the 

proposed modifications to the 2016 

MSW Landfills NSPS regulations 

adequately clarify the expected 

compliance deadlines for controlled 

landfills that become subject to the 2016 

MSW Landfills NSPS through 

modification and/or whether other 

approaches are needed to align the 

timing provisions of the 2016 MSW 

Landfills NSPS with the timing 

provisions of the MSW Landfills 

NESHAP. (86 FR 19176, 19182, April 

13, 2021) 

Comment: Commenter (0111) 

requested that the EPA should specify 

compliance deadlines for three 

categories of landfills: 

(1) Landfills with an NMOC emission 

rate less than 34 megagrams per year 

that become subject to subpart XXX 

through modification; 

(2) uncontrolled landfills with an 

NMOC emission rate between 34 and 50 

megagrams per year that become subject 

to subpart XXX through modification; 

and 

(3) controlled landfills that become 

subject to subpart XXX through 

modification. 

Response: The EPA recognizes that 

from July 17, 2014 (the applicability 

date of the NSPS) to June 21, 2021 (the 

effective date of the Federal plan at 40 

CFR part 62 subpart OOO), landfills that 

modify could become subject to 40 CFR 

part 60, subpart XXX after having 

previously been subject to 40 CFR part 

62, subpart GGG; 40 CFR part 60, 

subpart WWW; or a state plan 

implementing 40 CFR part 60, subpart 

Cf or subpart Cc. By virtue of this final 

action, the EPA is clarifying that 

landfills that meet the definition of a 

‘‘controlled landfill’’ would not receive 

an additional 30 months to comply 

when they transition to subpart XXX. 

The EPA notes that after June 21, 

2021, all three groups of landfills that 

modify as identified in this comment 

will have been previously subject only 

to either a state plan implementing 40 

CFR part 62, subpart Cf, or 40 CFR part 

62, subpart OOO to 40 CFR part 60, 

subpart XXX. The EPA is clarifying in 

this rule that compliance timing for 

landfills that become subject to subpart 

XXX after previously being subject to 

the Federal plan subpart OOO depends 

on whether the facility is a legacy 

controlled landfill, a controlled landfill 

or an uncontrolled landfill, and the 

results and timing of the landfill’s 

NMOC emission rate report. 

Landfills with an NMOC emission 

rate less than 34 megagrams per year 

that later become subject to subpart 

XXX through modification and have not 

installed controls should follow the 

requirements in subpart XXX, including 

the 30-month window to install and 

operate a GCCS. The landfill will submit 

their first NMOC report within 90 days 

of the date of construction or 

modification. The landfill could submit 

a revised NMOC report based on Tier 2 

within 180 days of that first report, if 

desired. 

For uncontrolled landfills with an 

NMOC emission rate equal to or greater 

than 34 but less than 50 megagrams per 

year that later become subject to subpart 

XXX through modification, we are 

clarifying that the 30-month clock for 

previously uncontrolled landfills will 

begin at the first report containing 

NMOC emissions greater than or equal 

to 34 Mg/yr NMOC that was submitted 

under any of the following subparts: 40 

CFR part 60, subpart XXX or a state plan 

implementing subpart Cf; or 40 CFR part 

62, subpart OOO. We are starting the 30- 

month clock at the NMOC report 

submitted under that subpart for these 

landfills with an NMOC emission rate 

equal to or greater than 34 but less than 

50 megagrams per year because the 

landfill was not otherwise subject to any 

requirement to install and operate GCCS 

until they became subject to these 

subparts. 


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For controlled landfills that become 

subject to subpart XXX through 

modification, we do not intend to restart 

the 30-month clock for landfills 

reporting NMOC emissions greater than 

or equal to 50 Mg/yr NMOC under 40 

CFR part 60, subpart WWW or Cc; or 40 

CFR part 62, subpart GGG, and that 

submitted a design plan before the 

effective date of these 2021 subpart XXX 

amendments. These landfills already 

started the ‘‘control’’ process under the 

previous subparts and must stay on that 

previously triggered 30-month 

timeframe to install a GCCS in a timely 

manner. 

Comment: Commenter (0112) 

disagreed with the EPA’s proposal not 

to allow 30 months to install and 

operate a GCCS as the landfill 

transitions to a new subpart. However, 

the commenter (0112) recognized that 

landfills with emissions 50 Mg/yr 

NMOC or greater will be required to 

begin complying with the same 

requirements to install and operate 

GCCS pursuant to NESHAP AAAA as of 

September 28, 2021. 

Response: For controlled landfills that 

become subject to subpart XXX through 

modification, the EPA does not agree 

that it would be appropriate to restart 

the 30-month clock for landfills 

reporting NMOC emissions greater than 

or equal to 50 Mg/yr NMOC under 40 

CFR part 60, subpart WWW or Cc; or 40 

CFR part 62, subpart GGG and that 

submitted a design plan before the 

effective date of these 2021 subpart XXX 

amendments. These landfills already 

started the ‘‘control’’ process under the 

previous subparts and it is reasonable to 

require these landfills to stay on that 30- 

month timeframe to install a GCCS in a 

timely manner. The commenter has not 

provided any information that would 

justify any further delay in the 

implementation of GCCS. 

Comment: Commenter (0112) 

disagreed with using any subpart WWW 

reports between 34 and 50 Mg/yr NMOC 

as the trigger for the 30-month 

timeframe for installation of GCCS since 

this would not allow the landfill 

sufficient time to prepare a design plan 

and install the GCCS. The commenter 

(0112) suggested alternative regulatory 

text. 

Response: The EPA recognizes that 

previous regulatory requirements are 

based on an emission rate threshold of 

50 Mg/yr NMOC and that newer 

regulatory requirements are based on an 

emission rate threshold of 34 Mg/yr 

NMOC. With these technical revisions, 

we intend to clarify the application of 

the 30-month clock for previously 

uncontrolled landfills reporting NMOC 

emissions greater than or equal to 34 

Mg/yr NMOC and less than 50 Mg/yr 

NMOC under 40 CFR part 60, subpart 

XXX or Cf; or 40 CFR part 62, subpart 

OOO. We are starting the 30-month 

clock at the NMOC report submitted 

under those subparts for those landfills 

that exceeded 34 Mg/yr NMOC because 

the 34–50 Mg/yr NMOC threshold did 

not apply until they became subject to 

these subparts. 

However, we do not intend to restart 

the 30-month clock for landfills 

reporting NMOC emissions greater than 

or equal to 50 Mg/yr NMOC under 40 

CFR part 60, subpart WWW or Cc; or 40 

CFR part 62, subpart GGG and that 

submitted a design plan before the 

effective date of these 2021 subpart XXX 

amendments. These landfills already 

started the ‘‘control’’ process under the 

previous subparts and it is reasonable to 

require these landfills to stay on that 30- 

month timeframe to install a GCCS in a 

timely manner. 

The EPA is revising 40 CFR 

60.762(b)(2)(ii)(A) to read as follows: 

(A) The first annual report submitted under 

this subpart or part 62 of this subchapter in 

which the NMOC emission rate equals or 

exceeds 34 megagrams per year, unless Tier 

2 or Tier 3 sampling demonstrates that the 

NMOC emission rate is less than 34 

megagrams per year, as specified in 

§ 60.767(c)(4); or 

This approach points to 40 CFR part 

60, subpart XXX or 40 CFR part 62 (the 

Federal plan subpart OOO or state plans 

implementing subpart Cf). When these 

subpart XXX amendments are finalized, 

all ‘‘existing’’ landfills will be subject to 

the state and/or Federal plan 

implementing subpart Cf because the 

Federal plan became effective on June 

21, 2021. Subpart OOO handles the 

legacy controllers separately and gives a 

full 30 months for landfills with NMOC 

emissions greater than 34 Mg/yr and 

less than 50 Mg/yr. 

C. Technical and Typographical 

Corrections 

In this final action, the EPA is 

revising the definition of Administrator 

at 40 CFR 62.16730 in the MSW 

Landfills Federal Plan that was 

promulgated on May 21, 2021 (86 FR 

27756). The revision makes the 

definition consistent with other Federal 

plans such as the Federal Plan 

Requirements for Sewage Sludge 

Incineration Units (40 CFR part 62, 

subpart LLL), which distinguishes 

between the administrator of the Federal 

plan and the administrator of a state 

plan. In developing the MSW Landfills 

Federal Plan, the EPA inadvertently 

retained the definition of Administrator 

from the Emission Guidelines (40 CFR 

part 60, subpart Cf), which was written 

in the context of states preparing a state 

plan. As currently written, the 

definition could be interpreted to allow 

non-delegated authority to implement 

and enforce the Federal plan. In the 

context of the Federal plan, the revised 

definition of Administrator clarifies that 

the EPA Administrator or his/her 

authorized representative have the 

authority to implement and enforce the 

Federal plan. To add clarity in the 

context of developing State plans, the 

EPA has further revised the definition of 

Administrator to clearly identify the 

director of the state air pollution control 

agency or his/her authorized 

representative, which will better allow 

states to incorporate by reference the 

Federal plan as their state rule applying 

to landfills in the state. 

The EPA is also correcting 

typographical errors in the MSW 

Landfills NESHAP that were published 

in the Federal Register on March 26, 

2020 (85 FR 17244) and the MSW 

Landfills Federal Plan that was 

published in the Federal Register on 

May 21, 2021 (86 FR 27756). In the 

MSW Landfills NESHAP, the EPA is 

correcting 40 CFR 63.1981(n) to change 

September 2, 2021 to September 27, 

2021. In the MSW Landfills Federal 

Plan, the EPA is correcting a cross 

reference error in 40 CFR 62.16712(b) 

and (c). Both paragraphs incorrectly 

refer to 40 CFR 62.16712(c)(3), which 

does not exist. The correct reference is 

to 40 CFR 62.16712(d). Finally, the EPA 

is correcting the omission of the word 

‘‘is’’ in 40 CFR 62.16714(a)(4), so that 

the correct reading is: The landfill is in 

the closed landfill subcategory and has 

an NMOC emission rate greater than or 

equal to 50 megagrams per year. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. The 

EPA has determined that there is good 

cause for making these technical and 

typographical changes without prior 

proposal and opportunity for comment 

because, as explained here above, the 

technical correction to the definition of 

Administrator and the typographical 

changes are noncontroversial in nature 

and do not substantively change the 

requirements of the MSW Landfills 

regulations. Thus, notice and 

opportunity for public comment are 

unnecessary for these changes. The EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(B). 


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IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was, therefore, not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2060–0505 for the NESHAP and OMB 

control number 2060–0697 for the 

NSPS. The revisions include technical 

corrections to the NESHAP and NSPS 

and do not pose any changes to the 

information collection burden for either. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, EPA concludes that the 

impact of concern for this rule is any 

significant adverse economic impact on 

small entities and that the agency is 

certifying that this rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule has no net burden on the small 

entities subject to the rule. This action 

includes only technical corrections to 

provisions from the March 26, 2020, 

final RTR rulemaking and clarifying 

amendments to 2016 MSW Landfills 

NSPS and does not implement new 

requirements. We have therefore 

concluded that this action will have no 

net regulatory burden for all directly 

regulated small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. 

Although state, local, or tribal 

governments own and operate landfills 

subject to these final amendments, this 

action includes only technical 

corrections to provisions from the 

March 26, 2020, final RTR rulemaking 

and clarifying amendments to the 2016 

MSW Landfills NSPS and there are no 

impacts resulting from this regulatory 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action has tribal implications as 

specified in Executive Order 13175. 

However, it will neither impose 

substantial direct compliance costs on 

federally recognized tribal governments 

nor preempt tribal law. As explained in 

the March 26, 2020, final rule, the EPA 

previously identified one tribe that 

owns three landfills that are potentially 

subject to the MSW Landfills NESHAP. 

However, this action includes only 

technical corrections to provisions from 

the March 26, 2020, final RTR 

rulemaking and clarifying amendments 

to the subpart XXX NSPS and does not 

impose any new requirements on tribes. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action is 

not subject to Executive Order 12898 (59 

FR 7629; February 16, 1994) because it 

does not establish an environmental 

health or safety standard. This 

regulatory action is a technical 

correction to a previously promulgated 

regulatory action and does not have any 

impact on human health or the 

environment. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 62 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, the EPA amends 40 CFR parts 

60, 62, and 63 as follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

Subpart XXX—Standards of 

Performance for Municipal Solid Waste 

Landfills That Commenced 

Construction, Reconstruction, or 

Modification After July 17, 2014 

■ 2. Amend § 60.761 by revising the 

definition of ‘‘Controlled landfill’’ to 

read as follows: 

§ 60.761 Definitions. 

* * * * * 

Controlled landfill means any landfill 

at which collection and control systems 


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are required under this subpart as a 

result of the nonmethane organic 

compounds emission rate. The landfill 

is considered controlled at the time a 

collection and control system design 

plan is submitted in compliance with 

either § 60.762(b)(2)(i), 40 CFR part 60, 

subpart WWW, or a Federal plan or EPA 

approved and effective state plan or 

tribal plan that implements either 40 

CFR part 60, subparts Cc or Cf, 

whichever regulation first required 

submission of a collection and control 

system design plan for the landfill. 

* * * * * 

■ 3. Amend § 60.762 by revising 

paragraphs (b)(2)(i) and (b)(2)(ii)(A) to 

read as follows: 

§ 60.762 Standards for air emissions from 

municipal solid waste landfills. 

* * * * * 

(b) * * * 

(2) * * * 

(i) Calculated NMOC Emission Rate. 

Submit an initial or revised collection 

and control system design plan 

prepared by a professional engineer to 

the Administrator as specified in 

§ 60.767(c) or (d); calculate NMOC 

emissions using the next higher tier in 

§ 60.764; or conduct a surface emission 

monitoring demonstration using the 

procedures specified in § 60.764(a)(6). 

The collection and control system must 

meet the requirements in paragraphs 

(b)(2)(ii) and (iii) of this section. 

(ii) * * * 

(A) The first annual report submitted 

under this subpart or part 62 of this 

subchapter in which the NMOC 

emission rate equals or exceeds 34 

megagrams per year, unless Tier 2 or 

Tier 3 sampling demonstrates that the 

NMOC emission rate is less than 34 

megagrams per year, as specified in 

§ 60.767(c)(4); or 

* * * * * 

■ 4. Amend § 60.767 by revising 

paragraph (d) introductory text to read 

as follows: 

§ 60.767 Reporting requirements. 

* * * * * 

(d) Revised design plan. The owner or 

operator who has already been required 

to submit a design plan under paragraph 

(c) of this section, subpart WWW of this 

part, or a Federal plan or EPA-approved 

and effective state plan or tribal plan 

that implements subparts Cc or Cf of 

this part, must submit a revised design 

plan to the Administrator for approval 

as follows: 

* * * * * 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 5. The authority citation for part 62 

continues to read as follows: 

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

Subpart OOO—Federal Plan 

Requirements for Municipal Solid 

Waste Landfills That Commenced 

Construction On or Before July 17, 

2014 and Have Not Been Modified or 

Reconstructed Since July 17, 2014 

■ 6. Amend § 62.16712 by revising 

paragraph (b) and paragraph (c) 

introductory text to read as follows: 

§ 62.16712 Compliance schedule and 

increments of progress. 

* * * * * 

(b) Compliance date. For each 

designated facility that has a design 

capacity equal to or greater than 2.5 

million megagrams and 2.5 million 

cubic meters and a NMOC emission rate 

greater than or equal to 34 megagrams 

per year (50 megagrams per year for 

closed landfill subcategory), planning, 

awarding of contracts, and installation 

of municipal solid waste landfill air 

emission collection and control 

equipment capable of meeting the 

standards in § 62.16714(b) and (c) must 

be accomplished within 30 months after 

the date the initial emission rate report 

(or the annual emission rate report) first 

shows that the NMOC emission rate 

equals or exceeds 34 megagrams per 

year (50 megagrams per year for closed 

landfill subcategory), except as provided 

in § 62.16712(d). 

(c) Compliance schedules. The owner 

or operator of a designated facility that 

has a design capacity equal to or greater 

than 2.5 million megagrams and 2.5 

million cubic meters and a NMOC 

emission rate greater than or equal to 34 

megagrams per year (50 megagrams per 

year for closed landfill subcategory) 

must achieve the increments of progress 

specified in paragraphs (a)(1) through 

(5) of this section according to the 

schedule specified in paragraph (c)(1), 

(2), or (d) of this section. 

* * * * * 

■ 7. Amend § 62.16714 by revising 

paragraph (a)(4) to read as follows: 

§ 62.16714 Standards for municipal solid 

waste landfill emissions. 

(a) * * * 

(4) Closed subcategory. The landfill is 

in the closed landfill subcategory and 

has an NMOC emission rate greater than 

or equal to 50 megagrams per year. 

* * * * * 

■ 8. Amend § 62.16730 by revising the 

definition of ‘‘Administrator’’ to read as 

follows: 

§ 62.16730 Definitions. 

* * * * * 

Administrator means: 

(1) For municipal solid waste landfills 

covered by the federal plan, the 

Administrator of the EPA or his/her 

authorized representative (e.g., 

delegated authority); 

(2) For municipal solid waste landfills 

covered by an approved state plan, the 

director of the state air pollution control 

agency or his/her authorized 

representative. 

* * * * * 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 9. The authority citation for part 63 

continues to read as follows: 

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

Subpart AAAA—National Emission 

Standards for Hazardous Air 

Pollutants: Municipal Solid Waste 

Landfills 

■ 10. Amend § 63.1960 by revising 

paragraph (a)(4)(i) introductory text to 

read as follows: 

§ 63.1960 Compliance provisions. 

(a) * * * 

(4) * * * 

(i) Once an owner or operator subject 

to the provisions of this subpart seeks to 

demonstrate compliance with the 

operational standard for temperature in 

§ 63.1958(c)(1), the owner or operator 

must monitor each well monthly for 

temperature for the purpose of 

identifying whether excess air 

infiltration exists. If a well exceeds the 

operating parameter for temperature as 

provided in § 63.1958(c)(1), action must 

be initiated to correct the exceedance 

within 5 days. Any attempted corrective 

measure must not cause exceedances of 

other operational or performance 

standards. 

* * * * * 

■ 11. Amend § 63.1961 by revising 

paragraphs (a)(5)((vi) introductory text 

and (a)(5)(vi)(A), adding paragraphs 

(a)(5)(vi)(C) and (D), and revising 

paragraph (a)(5)(vii) to read as follows: 

§ 63.1961 Monitoring of operations. 

* * * * * 

(a) * * * 

(5) * * * 

(vi) Monitor and determine carbon 

monoxide concentrations, as follows: 


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(A) Collect the sample from the 

wellhead sampling port in a passivated 

canister or multi-layer foil gas sampling 

bag (such as the Cali-5-Bond Bag) and 

analyze that sample using EPA Method 

10 of appendix A–4 to part 60 of this 

chapter, or an equivalent method with 

a detection limit of at least 100 ppmv of 

carbon monoxide in high concentrations 

of methane; or 

* * * * * 

(C) When sampling directly from the 

wellhead, you must sample for 5 

minutes plus twice the response time of 

the analyzer. These values must be 

recorded. The five 1-minute averages are 

then averaged to give you the carbon 

monoxide reading at the wellhead. 

(D) When collecting samples in a 

passivated canister or multi-layer foil 

sampling bag, you must sample for the 

period of time needed to assure that 

enough sample is collected to provide 

five (5) consecutive, 1-minute samples 

during the analysis of the canister or bag 

contents, but no less than 5 minutes 

plus twice the response time of the 

analyzer. The five (5) consecutive, 1- 

minute averages are then averaged 

together to give you a carbon monoxide 

value from the wellhead. 

(vii) The enhanced monitoring 

described in this paragraph (a)(5) must 

begin 7 calendar days after the first 

measurement of landfill gas temperature 

greater than 62.8 degrees Celsius (145 

degrees Fahrenheit); and 

* * * * * 

■ 12. Amend § 63.1975 by revising the 

introductory text to read as follows: 

§ 63.1975 How do I calculate the 3-hour 

block average used to demonstrate 

compliance? 

Before September 28, 2021, averages 

are calculated in the same way as they 

are calculated in § 60.758(b)(2)(i) of this 

subchapter for average combustion 

temperature and § 60.758(c) for 3-hour 

average combustion temperature for 

enclosed combustors, except that the 

data collected during the events listed 

in paragraphs (a) through (d) of this 

section are not to be included in any 

average computed under this subpart. 

Beginning no later than September 27, 

2021, averages are calculated according 

to § 63.1983(b)(2)(i) for average 

combustion temperature and 

§ 63.1983(c)(1)(i) for 3-hour average 

combustion temperature for enclosed 

combustors, except that the data 

collected during the event listed in 

paragraph (a) of this section are not to 

be included in any average computed 

under this subpart. 

* * * * * 

■ 13. Amend § 63.1981 by revising 

paragraph (j)(2) and paragraph (n) 

introductory text to read as follows: 

§ 63.1981 What reports must I submit? 

* * * * * 

(j) * * * 

(2) For corrective action that is 

required according to § 63.1960(a)(3) or 

(4) and is expected to take longer than 

120 days after the initial exceedance to 

complete, you must submit the root 

cause analysis, corrective action 

analysis, and corresponding 

implementation timeline to the 

Administrator as soon as practicable but 

no later than 75 days after the first 

measurement of positive pressure or 

temperature monitoring value of 62.8 

degrees Celsius (145 degrees Fahrenheit) 

or above unless a higher operating 

temperature value has been approved by 

the Administrator for the well under 

this subpart or under 40 CFR part 60, 

subpart WWW; 40 CFR part 60, subpart 

XXX; or a Federal plan or EPA approved 

and effective state plan or tribal plan 

that implements either 40 CFR part 60, 

subpart Cc or 40 CFR part 60, subpart 

Cf. The Administrator must approve the 

plan for corrective action and the 

corresponding timeline. 

* * * * * 

(n) Claims of force majeure. Beginning 

no later than September 27, 2021, if you 

are required to electronically submit a 

report through CEDRI in the EPA’s CDX, 

you may assert a claim of force majeure 

for failure to comply timely with the 

reporting requirement. To assert a claim 

of force majeure, you must meet the 

following requirements: 

* * * * * 

■ 14. Amend § 63.1985 by revising 

paragraph (c) to read as follows: 

§ 63.1985 Who enforces this subpart? 

* * * * * 

(c) The authorities that will not be 

delegated to state, local, or tribal 

agencies are as follows. Approval of 

alternatives to the emission standards in 

§§ 63.1955 through 63.1962. Where this 

subpart references part 60, subpart 

WWW of this subchapter, the cited 

provisions will be delegated according 

to the delegation provisions of part 60, 

subpart WWW of this subchapter. For 

this subpart, the EPA also retains the 

authority to approve methods for 

determining the NMOC concentration in 

§ 63.1959(a)(3) and the method for 

determining the site-specific methane 

generation rate constant k in 

§ 63.1959(a)(4). 

■ 15. Amend table 1 to subpart AAAA 

of part 63 by: 

■ a. Revising the entry for ‘‘§ 63.6(f)(1)’’; 

■ b. Removing the entries for 

‘‘§ 63.10(b)(vi)’’ and ‘‘§ 63.10(b)(vii)– 

(xiv)’’ and adding in their places entries 

for ‘‘§ 63.10(b)(2)(vi)’’ and 

‘‘§ 63.10(b)(2)(vii)–(xiv)’’, respectively; 

and 

■ c. Revising the entry for 

‘‘§ 63.10(d)(3)’’. 

The revisions and additions read as 

follows: 

Table 1 to Subpart AAAA of Part 63— 

Applicability of NESHAP General 

Provisions to Subpart AAAA 

* * * * * 

TABLE 1 TO SUBPART AAAA OF PART 63—APPLICABILITY OF NESHAP GENERAL PROVISIONS TO SUBPART AAAA 

Part 63 citation Description 

Applicable to 

subpart AAAA before 

September 28, 2021 

Applicable to 

subpart AAAA 

no later than 

September 27, 2021 

Explanation 

*******

§ 63.6(f)(1) ...................... Exemption of nonopacity emission standards 

during SSM.

No ............................ No.

* * * * * * * 

§ 63.10(b)(2)(vi) .............. Recordkeeping for CMS malfunctions ............. No1 .......................... Yes.

§ 63.10(b)(2)(vii)–(xiv) ..... Other Recordkeeping of compliance measurements.No1 .......................... Yes.

* * * * * * * 

§ 63.10(d)(3) ................... Reporting of visible emission observations ...... No 1 .......................... No.


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TABLE 1 TO SUBPART AAAA OF PART 63—APPLICABILITY OF NESHAP GENERAL PROVISIONS TO SUBPART AAAA— 

Continued 

Part 63 citation Description 

Applicable to 

subpart AAAA before 

September 28, 2021 

Applicable to 

subpart AAAA 

no later than 

September 27, 2021 

Explanation 

*******

1 Before September 28, 2021, this subpart requires affected facilities to follow part 60, subpart WWW of this subchapter, which incorporates 

the General Provisions of part 60 of this subchapter. 

[FR Doc. 2022–02654 Filed 2–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[CC Docket No. 02–6; FCC 22–8; FR ID 

70414] 

Schools and Libraries Universal 

Service Support Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) takes steps to address one 

of the barriers to participation and 

clarify the eligibility of Tribal libraries 

for E-Rate program support by updating 

the definition of ‘‘library’’ in its E-Rate 

program rules to include Tribal 

libraries. By doing so, the Commission 

seeks to resolve a longstanding issue for 

Tribal libraries in the E-Rate program 

rules, consistent with Congressional 

action taken in 2018, and to encourage 

increased Tribal library access to 

affordable broadband connectivity 

through the E-Rate program. 

DATES: Effective March 16, 2022. 

FOR FURTHER INFORMATION CONTACT: Kate 

Dumouchel, Wireline Competition 

Bureau, (202) 418–7400 or by email at 

Kate.Dumouchel@fcc.gov. The 

Commission asks that requests for 

accommodations be made as soon as 

possible in order to allow the agency to 

satisfy such requests whenever possible. 

Send an email to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order in CC Docket No. 02–6; FCC 

22–8, adopted January 27, 2022 and 

released January 28, 2022. Due to the 

COVID–19 pandemic, the Commission’s 

headquarters will be closed to the 

general public until further notice. The 

full text of this document is available at 

the following internet address: https://

www.fcc.gov/document/fcc-connectingtribal-libraries-through-e-rate-program0. 

I. Introduction 

1. The E-Rate program provides 

support to schools and libraries across 

the nation to obtain affordable, highspeed broadband services and internal 

connections to connect today’s students 

and library patrons with next-generation 

learning opportunities and services. 

Since the beginning of the program, ERate support has helped libraries afford 

these services and provide free, public 

internet access to their communities. 

But for far too long, Tribal libraries have 

been unable to participate fully in the ERate program. This situation has 

exacerbated enduring inequities, as 

Tribal libraries often serve as a critical 

source of internet access in underserved 

areas across the nation. 

2. The Commission takes steps to 

address one of the barriers to 

participation and clarify the eligibility 

of Tribal libraries for E-Rate program 

support by updating the definition of 

‘‘library’’ in its E-Rate program rules to 

include Tribal libraries. By doing so, the 

Commission seeks to resolve a 

longstanding issue for Tribal libraries in 

the E-Rate program rules, consistent 

with Congressional action taken in 

2018, and to encourage increased Tribal 

library access to affordable broadband 

connectivity through the E-Rate 

program. 

II. Discussion 

3. To ensure that our nation’s Tribal 

libraries and their library patrons have 

access to high-speed broadband and to 

encourage Tribal libraries’ participation 

in the E-Rate program, the Commission 

now amends its E-Rate program rules to 

clarify that Tribal libraries are eligible 

for E-Rate support. Specifically, the 

Commission adds ‘‘Tribal library’’ to the 

definition of library in section 54.500 of 

the Commission’s rules and removes the 

reference to Public Law 104–208, which 

contains the version of the Library 

Services and Technology Act (LSTA) 

enacted in 1996. All stakeholders 

submitting comments support this rule 

change, and no commenter opposed it. 

4. Interested parties agree that this 

rule change is the first step in ensuring 

that Tribal libraries have access to 

funding to provide affordable internet 

access to their communities. These 

changes update the E-Rate program 

rules and ensure that the E-Rate 

program can support library services in 

Tribal communities. The changes align 

with both Congress’ 2018 amendments 

to the LSTA and the Commission’s 

Emergency Connectivity Fund program 

rules. Moreover, the changes will 

simplify administration of the E-Rate 

and Emergency Connectivity Fund 

programs for the Universal Service 

Administrative Company (USAC), 

which administers both programs and 

checks applicant eligibility. Consistent 

with the rules adopted for the 

Emergency Connectivity Fund program, 

the E-Rate rules clarify that Tribal 

libraries, which are by statute eligible 

for support from State library 

administrative agencies under the 

LSTA, are eligible for support from the 

E-Rate program. Receipt of LSTA funds 

by Tribal libraries is not required for 

participation in the E-Rate program. 

5. These rule changes should also 

clarify and simplify E-Rate eligibility for 

Tribal libraries and, in time, will 

increase Tribal participation in the 

program. Comments filed by the 

American Library Association (ALA) 

and the Association of Tribal Archives, 

Libraries and Museums (ATALM) 

include preliminary results of a 2021 

ATALM comprehensive digital 

inclusion survey, which note that only 

12 percent of the Tribal libraries 

responding reported that they had ever 

applied, even fewer than the 15 percent 

of Tribal libraries that had previously 

reported receiving E-Rate support. This 

data is especially troubling, given that 

there is reduced broadband access in 

Tribal areas and libraries are often the 

‘‘next best alternative for many Tribal 

families and households’’ to obtain 

internet access. Tribal governments and 

libraries have had issues interacting 

with and gaining support from State 


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