[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Rules and Regulations]
[Pages 32743-32753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15007]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6106-8]


Standards of Performance for New Stationary Sources and 
Guidelines for Control of Existing Sources: Municipal Solid Waste 
Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action amends, corrects errors, and clarifies regulatory 
text of the ``Standards of Performance for New Stationary Sources and 
Guidelines for Control of Existing Sources: Municipal Solid Waste 
Landfills,'' which was issued as a final rule and guideline on March 
12, 1996.

EFFECTIVE DATE: This rule will become effective August 17, 1998 without 
further notice unless the Agency receives relevant adverse comment by 
July 16, 1998. Should the Agency receive such comments, it will publish 
a timely document withdrawing this rule.

ADDRESSES: Comments should be submitted (in duplicate if possible) to: 
Air and Radiation Docket and Information Center (MC-6102), Attn: Docket 
No. A-88-09/Category V-D, U.S. Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460. The EPA request that a separate copy 
also be sent to the contact person listed below. Refer to SUPPLEMENTARY 
INFORMATION for information regarding electronic submittal of comments.

FOR FURTHER INFORMATION CONTACT: For information concerning this notice 
and analyses performed in developing this rule, contact Ms. Michele 
Laur, Waste and Chemical Processes Group, Emission Standards Division 
(MD-13), U.S. Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, telephone number (919) 541-5256. For 
implementation issues, contact Mary Ann Warner, Program Review Group, 
Information Transfer and Program Integration Division (MD-12), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-1192. For information on the Landfill

[[Page 32744]]

Model, contact Susan Thorneloe through the internet at: 
<a href="/cdn-cgi/l/email-protection#1064787f627e757c7f753e636563717e507560717d71797c3e7560713e777f66"><span class="__cf_email__" data-cfemail="2c5844435e4249404349025f595f4d426c495c4d414d454002495c4d024b435a">[email protected]</span></a>. For information concerning 
applicability and rule determinations, contact the appropriate regional 
representative:

Region I

Greg Roscoe, Air Programs Compliance Branch Chief, U.S. EPA/ASO, Region 
I, JFK Federal Building, Boston, MA 02203, (617) 565-3221

Region II

Christine DeRosa, U.S. EPA, Region II, 290 Broadway, 25th Floor, New 
York, NY 10007-1866, (212) 637-4022

Region III

James Topsale, U.S. EPA/3AP22, Region III, 841 Chestnut Building, 
Philadelphia, PA 10107, (215) 566-2190

Region IV

R. Douglas Neeley, Chief, Air and Radiation Technology Branch, U.S. 
EPA, Region IV, 61 Forsyth St., SW., Atlanta, GA 30303, (404) 562-9105

Region V

George T. Czerniak, Jr., Air Enforcement Branch Chief, U.S. EPA/5AE-26, 
Region V, 77 West Jackson Street, Chicago, IL 60604, (312) 353-2088

Region VI

John R. Hepola, Air Enforcement Branch Chief, U.S. EPA, Region VI, 1445 
Ross Avenue, Suite 1200, Dallas, TX 75202-2733, (214) 655-7220

Region VII

Ward Burns, U.S. EPA/RME, Region VII, 726 Minnesota Avenue/ARTDAPCO, 
Kansas City, KS 66101-2728, (913) 551-7960

Region VIII

Vicki Stamper, U.S. EPA, Region VIII, 999 18th Street, Suite 500, 
Denver, CO 80202-2466, (303) 312-6445

Region IX

Patricia Bowlin, U.S. EPA/RM HAN/17211, Region IX, 75 Hawthorne Street/
AIR-4, San Francisco, CA, (415) 744-1188

Region X

Catherine Woo, U.S. EPA, Region X, Office of Air Quality Planning and 
Standards-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-1814

SUPPLEMENTARY INFORMATION: A companion proposal to this final rule is 
being published in the proposed rules section of today's Federal 
Register and is identical to this direct final rule. Any comments on 
this direct final rule should address the companion proposal. The 
proposal provides information on addresses for submittal of comments. 
If relevant adverse comments are timely received, such comments will be 
addressed in a subsequent final rule based on the proposed rule. A 
document informing the public that the direct final rule did not take 
effect will be published. If no relevant adverse comments are timely 
filed on any provision of this direct final rule, then the entire 
direct final rule will become effective 60 days from today's Federal 
Register document and no further action will be taken on the companion 
proposal published today.

Background

    On March 12, 1996 (60 FR 9918), the U.S. Environmental Protection 
Agency (EPA) promulgated in the Federal Register standards of 
performance for new sources (NSPS) for municipal solid waste landfills 
and emission guidelines for existing municipal solid waste landfills. 
These regulations and guidelines were promulgated as subparts WWW and 
Cc of 40 CFR part 60.
    This document revises the wording of the applicability sections of 
subparts WWW and Cc and related definitions to clarify the intent 
regarding which landfills are subject to subpart WWW versus subpart Cc. 
This notice also corrects typographical and cross referencing errors. A 
few editorial modifications are also being made to clarify the intent 
of certain provisions and correct inconsistencies between different 
sections of subpart WWW. These changes do not significantly modify the 
requirements of the regulation.

I. Description of Changes

A. Definitions

    The NSPS applies to landfills that commence construction, 
modification, or reconstruction on or after May 30, 1991. A definition 
of ``modification'' is being added. The definition is specific to 
landfills but is consistent with the intent of section 60.14 of the 
NSPS General Provisions. Application of the NSPS General Provisions to 
landfills is problematic due to the fact that a landfill is not a 
typical production or manufacturing facility for which the General 
Provisions originally were written. The following discussion 
demonstrates the considerations made to apply the NSPS General 
Provisions to landfills. This limited definition of modification is 
uniquely appropriate for landfills, and EPA does not believe at this 
time that such a rationale could be extended outside the landfill 
context.
    As stated in 40 CFR 60.14(a), modifications are physical or 
operational changes to an existing facility that result in an increase 
in the emissions of any pollutant to which a standard applies. However, 
with respect to landfills, the concept of a physical or operational 
change leading to an increase in emissions is of limited application, 
since unlike more traditional sources of air pollution, increased 
emissions at landfills are based on the amount and character of waste 
placed in the landfill, rather than through physical or operational 
changes to equipment or production methods. Equipment at a landfill is 
essentially the landfill itself and while production can be roughly 
equated to the amount of waste placed in the landfill, total 
``production'' for the entire life of the facility is controlled 
through the amount of design capacity specified in the permit. Although 
the amount and character of waste present at any given time may vary 
within the design capacity constraints set forth in the permit, 
emissions over the total life of the facility depend on the amount of 
waste a landfill can accept pursuant to its permitted design capacity. 
Accordingly, for landfills, it makes sense to consider only those 
physical or operational changes that increase the size of the landfill 
beyond its permitted capacity as modifications subjecting an existing 
facility to the NSPS. Therefore, if the design capacity of a landfill 
increases, a change leading to an increase in emissions is assumed to 
have occurred. For purposes of this NSPS, a landfill is considered 
modified and subject to the NSPS if its design capacity has been 
increased after May 30, 1991.
    Operational changes at landfills, such as increasing the moisture 
content of the waste, increasing the physical compaction on the 
surface, changing the cover material or thickness of daily cover, and 
changing bailing or compaction practices, can typically be accomplished 
without a capital expenditure. Consequently, the landfill definition of 
modification does not include such operational changes. Existing 
landfills that make an operational change but do not increase the 
horizontal or vertical dimensions of the landfill continue to be 
subject to the emission guidelines rather than the NSPS. Therefore, for 
landfills, the only change which would constitute a modification is an 
increase in design capacity caused by an increase in the permitted 
horizontal or vertical dimensions of the landfill.

[[Page 32745]]

    Reconstructions are unlikely for landfills. As specified in the 
NSPS General Provisions, reconstructions are ``the replacement of 
components of an existing facility [landfill] to such an extent that: 
the fixed capital cost of the new components exceeds 50 percent of the 
fixed capital cost of a comparable entirely new facility [landfill] * * 
*.'' The Agency knows of no situation where this would occur at a 
landfill.
    The definition of ``design capacity'' is being amended to clarify 
that the design capacity is determined by the most recent permit issued 
by the State, local, or Tribal agency responsible for regulating the 
landfill plus any in-place waste not accounted for in that permit. This 
clarification addresses cases where a landfill may have multiple 
permits. It makes sense to use the most recent permitted design 
capacity to determine whether a landfill exceeds the design capacity 
exemption level. The words ``construction or operating'' permit have 
also been deleted and substituted with the word ``permit.'' The use of 
the term ``operating permit'' could be misinterpreted to mean a title V 
permit. The permit intended was the State, local, or Tribal agency 
permit that establishes the design capacity.
    The definition of design capacity is also being clarified to state 
that a permit may express design capacity on a volumetric or a mass 
basis. The revised definition also states that the owner or operator 
may choose to convert the design capacity from volume to mass or from 
mass to volume, using a site-specific density, in order to demonstrate 
that the design capacity is less than 2.5 million Mg or 2.5 million 
m\3\. If the density changes, the design capacity changes. Therefore, 
an owner or operator who converts from volume to mass or mass to volume 
must annually calculate the site-specific density. These revisions to 
the definition are clarifications that do not change the intent of the 
NSPS and emission guidelines as promulgated on March 12, 1996.
    Under the NSPS and emission guidelines, design capacity is used to 
determine whether or not a landfill is below the design capacity 
cutoff. If the design capacity in the permit is below either 2.5 
million megagrams (Mg) or 2.5 million cubic meters (m<SUP>3</SUP>), the 
landfill is exempt (except for design capacity reporting requirements). 
A landfill with a volumetric permit may choose to calculate design 
capacity on a mass basis (or vice versa) based on a site-specific 
density. The initial design capacity report must provide supporting 
documentation of this calculation. If such a conversion is made, 
records must also be kept of the annual recalculation of the site-
specific density and design capacity with supporting documentation.
    For example, a landfill may have a permitted design capacity 
greater than 2.5 million m<SUP>3</SUP> by volume; but the landfill may 
have documented calculations showing that, based on the actual waste 
density, the design capacity is less than 2.5 million Mg by mass. 
Because the design capacity is less than 2.5 million Mg, the landfill 
is below the design capacity cutoff. If such a landfill changes its 
compaction practices such that the density of the waste placed in the 
landfill increases, the calculated design capacity could become greater 
than 2.5 million Mg, and the landfill would then need to submit an 
amended design capacity report. If the revised design capacity is over 
2.5 million m\3\ and 2.5 million Mg, the landfill must estimate 
emissions and must install controls if emissions are greater than or 
equal to 50 Mg/yr.
    If an existing landfill makes an operational change (such as a 
change in compaction practices), this is not a ``modification'' (see 
the previous discussion on the definition of ``modification''). Such a 
landfill will continue to be subject to the emission guidelines rather 
than becoming subject to the NSPS. The emission guidelines require the 
landfill to report any increase in design capacity that results in a 
capacity equal to or greater than 2.5 million Mg and 2.5 million 
m<SUP>3</SUP>. The control requirements of the emission guidelines will 
apply if the design capacity increases to over 2.5 million Mg and 2.5 
million m\3\ due to an operational change and not due to modification 
as defined by this rule.
    The definition of ``closed landfill'' and wording in section 
60.752(b) are being revised to delete references to section 258.60. 
This reference is not appropriate for all landfills because some 
landfills closed prior to the October 1993 effective date of part 258 
and are not subject to part 258. Section 60.752(b)(2)(v)(A) is being 
revised for clarification to refer to the definition of ``closed 
landfill'' in section 60.751 instead of the requirements of section 
258.60.
    The definition of ``interior well'' is being revised to clarify 
that an interior well is located inside the perimeter of the landfilled 
waste.
    The definition of ``radii of influence'' is being added 
parenthetically in section 60.759(a)(3)(ii) for clarification. This 
definition makes it clear that the radii of influence is the distance 
from the well center to a point in the landfill where the pressure 
gradient applied by the blower or compressor approaches zero.

B. Designation of Affected Facility

    Section 60.750(a) of subpart WWW is being revised slightly to 
clarify which landfills are subject to the NSPS. The promulgated rule 
stated that ``the provisions of this subpart apply to each municipal 
solid waste landfill that commenced construction, reconstruction, or 
modification or began accepting waste on or after May 30, 1991. The 
words ``or began accepting waste'' have been deleted. This change makes 
the applicability consistent with both the definition of ``new source'' 
in section 111 of the Clean Air Act (CAA) and the applicability of the 
emission guidelines in section 60.32c of subpart Cc. As stated in 
section 60.32c(a), the emission guidelines apply to landfills that 
commenced construction, modification, or reconstruction before May 30, 
1991. A landfill that commenced construction before May 30, 1991, but 
began accepting waste after May 1991 should be subject to the emission 
guidelines rather than the NSPS. The change being made accomplishes 
this objective and is consistent with the CAA. The definitions of 
``commenced'' and ``construction'' are contained in section 60.2 of the 
NSPS General Provisions (subpart A). A definition for ``modification'' 
is being added to subpart WWW, and ``reconstruction'' is described in 
section 60.15 of the NSPS General Provisions.
    Section 60.750(b) of subpart WWW is being revised to clarify that 
authority for test methods are retained by the Administrator and shall 
not be transferred to the State. This is consistent with EPA's 
historical position on test methods.
    Under applicability, we are also clarifying that activities 
conducted as part of CERCLA remedial actions or RCRA corrective actions 
are not considered construction, modification, or reconstruction and 
would not make a landfill subject to the NSPS. This is consistent with 
the provisions that changes made to an existing landfill solely to 
comply with the emission guidelines do not make the landfill subject to 
the NSPS. It is also consistent with the exemption of facilities 
subject to a CERCLA remedial action from permitting requirements. This 
provision is being added to section 60.750 of subpart WWW as paragraph 
(c).
    Regarding applicability and the design capacity exemption, the 
wording ``or'' in several places in section 60.752 has been changed to 
``and'' to clarify that if a landfill design capacity is less

[[Page 32746]]

than either 2.5 million Mg or 2.5 million m<SUP>3</SUP>, the landfill 
is exempt from all provisions except the design capacity report; 
whereas if the capacity is equal to or greater than 2.5 million Mg and 
2.5 million m<SUP>3</SUP>, the additional requirements of the rule 
apply. As previously discussed under the definition of design capacity, 
a landfill may calculate design capacity on either a mass or volume 
basis to determine if it qualifies for the design capacity exemption.

C. Compliance Dates

    The compliance time in section 60.752(b)(2)(ii) is being revised to 
make it clear that landfills have 30 months to install a collection and 
control system once the landfill becomes affected (i.e., the annual 
report shows NMOC emissions equal to or greater than 50 Mg/yr). Section 
60.752(b)(2)(ii) stated that a landfill has 18 months to install a 
collection and control system after submitting a design plan to the 
Administrator. Section 60.752(b)(2)(i) requires landfills to submit a 
design plan within 1 year of the annual report showing NMOC emissions 
equal to or greater than 50 Mg/yr. Therefore, the previous language in 
the rule would require landfills that submitted a design plan earlier 
than 1 year after becoming affected to install a collection and control 
system sooner than landfills that waited the full 1 year to submit the 
design plan. The intent was to allow landfills 30 months after the 
first report showing NMOC emissions equal to or greater than 50 Mg/yr 
to install controls.
    Similarly, in the emission guidelines, section 60.36c(a) is revised 
to specify that installation of collection and control systems shall be 
accomplished within 30 months of the initial report showing NMOC 
emissions equal or exceed 50 Mg/yr rather than within 30 months of the 
effective date of the State rule. This is consistent with the timing in 
the NSPS, which allows 90 days to submit an initial report, and 30 
months to install controls if the report shows that emissions equal or 
exceed 50 Mg/yr.
    Section 60.755(b) is being revised to clarify that an affected 
landfill must install each well no later than 60 days after the date on 
which the initial solid waste has been in place (1) for five years or 
more if the area is active or (2) two years or more if the area is 
closed or at final grade. The only change is to specify ``no later than 
60 days after'' instead of ``within 60 days.''

D. Clarification of Title V Permitting Requirements

    The paragraphs on part 70 permitting requirements are being revised 
to refer to both part 70 and 71. In States with approved part 70 
operating permit programs, sources will apply for part 70 permits; in 
States without approved part 70 permit programs, EPA will implement the 
federal operating permits program under part 71.
    Section 502(a) of the Act requires title V operating permits for a 
number of sources, including, but not limited to, major sources and 
sources (including nonmajor sources) which are subject to standards or 
regulations under section 111 or 112. Section 502(a) also states that 
the Administrator may exempt source categories (in whole or in part) 
from permitting requirements if the Administrator determines that 
compliance with such requirements is impracticable, infeasible, or 
unnecessarily burdensome on such categories, but not major sources.
    At promulgation of this NSPS and EG (61 FR 9905, March 12, 1996), 
landfills with a design capacity less than 2.5 million Mg in mass or 
2.5 million m<SUP>3</SUP> in volume were exempted from part 70 
operating permit requirements based on the above provisions. Although 
these landfills are required to submit a design capacity report under 
this NSPS and EG, no control is required for landfills of this size. As 
a result, EPA believes that it would be unnecessarily burdensome for 
landfills, which are not major sources and which have design capacities 
less than 2.5 million Mg or 2.5 million m<SUP>3</SUP>, to apply for a 
title V permit when the NSPS or EG does not establish any emission 
limits or control requirements for such landfills.
    If a MSW landfill is subject to title V permitting (40 CFR part 70 
or part 71) as a result of this NSPS or EG standard (i.e., a source 
which meets or exceeds the design capacity of 2.5 million Mg and 2.5 
million m<SUP>3</SUP>) it is not subject to the requirement to apply 
for a title V permit until 90 days after the earlier of the following 
dates: (1) the effective date of this NSPS (March 12, 1996); (2) the 
effective date of EPA's approval of a state's 111(d) plan; or (3) the 
date of commenced construction, modification, or reconstruction for 
landfills that commence construction, modification, or reconstruction 
on or after March 12, 1996, even if the design capacity report is 
submitted prior to the relevant deadline. Sentences have been added to 
section 60.752 and section 60.32c(c) to clarify the date the landfill 
becomes subject to title V. These dates for triggering title V 
applicability are consistent with the dates that NSPS sources are 
required to file design capacity reports. To maintain consistency 
between NSPS sources and EG sources, EG sources will not become subject 
to the requirement to apply for a title V permit until 90 days after 
the effective date of EPA's approval of a state's 111(d) plan.
    The permit provisions originally included as sentences within 
paragraphs (a) and (b) of section 60.752 have been moved to separate 
paragraphs (c) and (d) so that the detailed permit provisions are in 
one location. The wording has also been revised to clarify that 
landfills smaller than 2.5 million Mg or 2.5 million m<SUP>3</SUP> do 
not require a part 70 or 71 operating permit unless they are subject to 
part 70 or 71 for some other reason. A landfill of this size could be a 
major source, and, if so, would need to apply for a permit. This 
situation was discussed in the preamble to the promulgated rule (61 FR 
9912, March 12, 1996). Also, a landfill of this size could be subject 
to title V for some other reason, e.g., subject to another NSPS or 
NESHAP.
    Sources subject to the title V permitting program under parts 70 or 
71 are required to file applications within 12 months after becoming 
subject to the program. Landfills which are subject to the title V 
permitting program as a result of being subject to this NSPS or EG are 
required to file title V applications within 12 months following the 
deadline to submit a design capacity report (which indicates that the 
landfill in question is equal to, or greater than, 2.5 million Mg and 
2.5 million m<SUP>3</SUP>). In that the designation of size in the 
report triggers title V applicability, EPA believes that it is 
appropriate that the deadline for filing this report initiates the 12 
month time frame for submitting a title V application. As provided in 
section 503(c) of the Act, permitting authorities may establish earlier 
deadlines, prior to the 12 month deadline, for submitting title V 
applications. If more than one requirement causes a source to be 
subject to title V permitting, the time frame for filing a title V 
application will be triggered by the requirement which first caused the 
source to be subject to title V.
    Section 60.752(d) (formerly the last sentence in section 60.752(b)) 
is being revised. This paragraph stated that after a landfill is closed 
and either never required a control system or has met the criteria for 
control system removal, a title V permit is no longer needed. The 
phrase ``if the landfill is not otherwise subject to the requirements 
of either part 70 or 71'' has been added. As previously discussed, if a 
landfill is a major source or is subject to title V for some other 
reason (e.g., subject to another NSPS or NESHAP), it will still require 
a permit. Other format changes to this paragraph

[[Page 32747]]

are to improve clarity and do not change the intent.
    Subpart Cc is being amended by adding paragraphs (c) and (d) to 
section 60.32c. These paragraphs, which cover when existing MSW 
landfills require part 70 or 71 operating permits, were excluded from 
the promulgated emission guidelines through an oversight. Part 70 
permit provisions were included in the NSPS, but the Emission 
Guidelines inadvertently did not reference this section of the NSPS. 
The inclusion of these paragraphs makes subpart Cc consistent with 
subpart WWW with respect to part 70 or 71 operating permits. 
Specifically, paragraph (c) clarifies that an existing landfill smaller 
than 2.5 million Mg or 2.5 million m<SUP>3</SUP> does not require a 
part 70 or 71 operating permit unless it is subject to part 70 or 71 
for some other reason. Paragraph (c) also clarifies that an existing 
landfill equal to or greater than 2.5 million Mg and 2.5 million 
m<SUP>3</SUP> is subject to part 70 or 71 permitting requirements 
whether it is a major source or not. In addition, paragraph (d) 
clarifies that closed landfills that are only required to have title V 
permits due to 40 CFR part 60, subparts WWW or Cc and are not required 
to have a control system or meet the conditions for control system 
removal are not required to have part 70 or 71 operating permits, if 
they are not otherwise subject to title V permitting requirements. As 
with 40 CFR part 60, subpart WWW, under 40 CFR part 60, subpart Cc, the 
deadline for submitting a design capacity report initiates the time 
frame for submitting a title V application. Permitting authorities may, 
however, establish earlier dates by which applications are required 
from these title V sources.

E. Equations

    Section 60.754(a)(1) is being revised to clarify that both the 
equation in section 60.754(a)(1)(i) and the equation in section 
60.754(a)(1)(ii) may be used when the actual year-to-year solid waste 
acceptance rate is known for only part of the life of the landfill. 
This is the technically correct way to calculate emissions and was the 
intent of the rule.
    Section 60.754(a)(1) is being amended by the addition of the 
methane generation rate constant (k) for geographical areas with low 
precipitation. A k value of 0.02 per year is provided for the tier 1 
calculation for landfills located in geographical areas with a thirty 
year annual average precipitation of less than 25 inches, as measured 
at the nearest representative official meteorologic site. Landfills 
located in geographical areas with low precipitation experience slower 
decomposition of their waste than landfills located in geographical 
areas with moderate to high rainfall. Consequently, the gas production 
rate at landfills located in drier areas is reduced. Rather than burden 
these landfills with pursuing tier 3 Method 2E testing and analysis for 
a site-specific k value, it is reasonable to allow an alternative 
default k value. In reviewing the information used to estimate the 
impacts of the final rule (Docket A-88-09, Item IV-M-4), a k value of 
0.02 per year for landfills that meet this description is a reasonably 
conservative value consistent with the intent of the tier 1 analysis.
    Sections 60.754(a)(1)(i) and (ii) are also being revised to clarify 
that only documentation of the nature and amount of nondegradable waste 
needs to be maintained when subtracting the mass of nondegradable waste 
from the total mass of waste when calculating the NMOC emission rate. 
The previous language specified that the documentation provisions of 
section 60.758(d)(2) were to be followed; however, these provisions are 
related to segregated areas within the landfill excluded from 
collection pursuant to section 60.759(a)(3)(i) or (ii) because asbestos 
or other nondegradable wastes were disposed in those areas or because 
the area is nonproductive. For the purposes of estimating emissions, 
only documentation of the nature and amount of nondegradable waste 
needs to be maintained to justify the subtraction of the mass of 
nondegradable waste.

F. Test Methods and Procedures

    Section 60.754(a)(4)(ii) is revised to clarify that the site-
specific methane generation rate constant is calculated only once and 
that this value is to be used in all subsequent annual NMOC emission 
rate calculations.
    Section 60.752(b)(2)(iii)(B) is being revised to clarify that the 
initial performance test required under section 60.8 must be completed 
no later than 180 days after the initial startup of the approved 
control system. The promulgated regulation already required under 
section 60.757(f) that the initial performance test report must be 
submitted within 180 days of start-up of the collection system. This is 
being reiterated in section 60.752(b)(2)(iii)(B) for clarification.
    Section 60.759(a)(3)(ii), which required the use of the values of k 
and CNMOC determined by field testing, if performed to determine the 
N<INF>MOC</INF> emission rate or radii of influence, is being revised 
to also refer to alternative means for determining k or 
C<INF>NMOC</INF> allowed by section 60.754(a)(5). The reference to 
using L<INF>o</INF> values from testing is deleted because it was 
incorrect. The tier procedures do not include testing for 
L<INF>o</INF>. As previously mentioned, the definition of radii of 
influence is being added parenthetically for clarity.

G. Prevention of Significant Deterioration Determination

    Section 60.754(c) is being revised to clarify that the intent of 
this provision was to establish the method by which prevention of 
significant deterioration determinations should be made, not to require 
a PSD determination. The original wording could have been 
misinterpreted to require PSD-related actions. PSD is a separate permit 
program that applies to new and modified sources. The PSD regulations, 
not this NSPS, establish whether a PSD determination is needed. New 
sources may be subject to PSD review.
    In a July 1, 1994 guidance memorandum issued by the EPA (available 
on the Technology Transfer Network; see ``Pollution Control Projects 
(PCP) and New Source Review (NSR) Applicability'' from John S. Seitz, 
Director, OAQPS to EPA Regional Air Division Directors), the EPA 
provided guidance for permitting authorities on the approvability of 
PCP exclusions for source categories other than electric utilities. In 
the guidance, the EPA indicated that add-on controls and fuel switches 
to less polluting fuels meet the definition of a PCP and, provided 
certain safeguards are met, may qualify for an exclusion from major 
NSR. To be eligible to be excluded from otherwise applicable major NSR 
requirements, a PCP must, on balance, be ``environmentally 
beneficial,'' and the permitting authority must ensure that the project 
will not cause or contribute to a violation of a national ambient air 
quality standard (NAAQS) or PSD increment, or adversely affect 
visibility or other air quality related value (AQRV).
    A potential exclusion available under PSD is discussed here for 
informational purposes. In the July 1, 1994 guidance memorandum, the 
EPA specifically identified the installation of controls pursuant to 
the NSPS and EG rules as an example of add-on controls that could be 
considered a PCP and an appropriate candidate for a case-by-case 
exclusion from major NSR. The EPA considers installation of controls 
pursuant to the NSPS and EG rules for the control of landfill gases a 
PCP because the controls are installed to comply with the NSPS and will 
reduce emissions of NMOC. The EPA also

[[Page 32748]]

considers the reduction of these pollutants to represent an 
environmental benefit. However, EPA recognizes that the incidental 
formation of nitrogen oxides and carbon monoxide due to the destruction 
of landfill gas will occur. Consistent with the 1994 guidance, the 
permitting authority should confirm that in each case that the 
resultant increase in nitrogen oxides and carbon monoxide would not 
cause or contribute to a violation of the NAAQS and PSD increment or 
adversely affect an AQRV.
    Finally, the 1994 guidance did not void or create an exclusion from 
any applicable minor source preconstruction review requirements in an 
approved State Implementation Plan (SIP). Any minor NSR permitting 
requirements in a SIP would continue to apply, regardless of any 
exclusion from major NSR that might be approved for a source under the 
PCP exclusion policy.

H. Monitoring

    Section 60.756(a) is being revised to clarify that a temperature 
measuring device does not need to be permanently installed at each 
wellhead. It is common for wellheads to have an access port for 
temperature measurements so that a temperature measuring device can be 
shared across wellheads for the monthly temperature monitoring 
requirement. As long as the temperature is monitored monthly, the 
intent of the regulation is met.
    Section 60.756(b)(2) is also being revised to clarify that the 
device for monitoring gas flow need only record the flow or bypass, not 
necessarily measure the rate at which gas is flowing to the control 
device.

I. Compliance Provisions

    Section 60.755(a)(3) is being revised to allow an alternative 
timeline to be proposed for correcting an exceedance in collection 
header pressure at each well. Consistent with section 60.755(c)(4)(v), 
a sentence is being added to sections 60.755(a)(3) and 60.755(a)(5) to 
allow an alternate timeline to be proposed to the Administrator for 
correcting an exceedance. This revision makes the sections consistent. 
Depending on the remedy selected to correct the problem, a different 
timeline may be needed, but any timeline extending more than 120 days 
must be approved by the regulatory agency.
    Section 60.755(c)(1) is being revised slightly to indicate that 
surface monitoring of methane shall be performed along the entire 
perimeter of the collection area and along a pattern that traverses the 
landfill at 30-meter intervals. This change makes the wording 
consistent with other sections of the rule (e.g., section 60.753(d)).

J. Recordkeeping and Reporting

    Sections 60.757(a)(1) and (b)(1)(i) are being revised to clarify 
that subject landfills that commenced construction, modification, or 
reconstruction after May 30, 1991 (date of proposal) but before the 
date of promulgation had until June 10, 1996 (90 days from the 
promulgation date) to submit an initial design capacity report and an 
initial NMOC emission rate report to the Administrator. The previous 
language was not clear as to when landfills that commenced 
construction, modification, or reconstruction between proposal and 
promulgation would be required to submit an initial design capacity 
report or NMOC emission rate report. However, it is obvious that the 
reports could not be required prior to promulgation of the regulation. 
Therefore, instead of submitting the reports 90 days after commencing 
construction, landfills that were constructed before promulgation have 
90 days after the promulgation date to submit the reports.
    Also paragraphs (a)(1)(i) and (ii) in the promulgated rule were 
somewhat repetitive and contradictory. Paragraph (a)(1)(iii) reflected 
an unrealistic scenario in that this date would always occur later than 
the date in paragraphs (a)(1)(i) and (ii). For this reason, the 
previous paragraph (a)(1)(iii) was unnecessary and confusing. 
Therefore, that paragraph has been deleted, and paragraphs (a)(1)(i) 
and (ii) have been revised to state that the report is due on June 10, 
1996 or within 90 days after the date of commencement of construction, 
modification, or reconstruction, depending on when the construction, 
modification, or reconstruction commenced.
    The wording of section 60.757(a)(2)(ii) is being revised to require 
calculation of design capacity submitted as part of the design capacity 
report to include ``relevant parameters'' rather than the specific list 
of parameters in the promulgated rule. Some of the previously listed 
parameters (e.g., compaction practices) would not apply to landfills 
that calculate design capacity on a volumetric rather than mass basis. 
Other parameters that were not listed will be needed to perform the 
calculation in some cases.
    The wording of section 60.757(a)(3), which requires amended design 
capacity reports, is being revised for clarity and consistency with the 
definitions of modification and design capacity discussed under I.A. It 
also clarifies that a report is required only if capacity increases 
above 2.5 million Mg and 2.5 million m<SUP>3</SUP>. This was the 
original intent, but the original wording was confusing.
    Several paragraphs in section 60.758 are being revised to clarify 
that the recordkeeping requirements in paragraphs (b), (c), (d), and 
(e) do not apply if an alternative to the operational standards, test 
methods, procedures, compliance measures, monitoring, or reporting 
provisions has been submitted with the design plan and approved by the 
Administrator.

II. Cross-Referencing and Typographical Errors

    Errors in cross-referencing one section to another within subpart 
WWW are being corrected. Typographical errors are also being corrected.

III. Corrections to Promulgation Preamble

    Tables 3 and 5 in the promulgation preamble contained typographical 
errors. The units for the small size cutoff (column 1) are stated to be 
in millions of megagrams (millions Mg); however, the values presented 
are actually in megagrams. These tables are corrected and provided 
below for clarification.

          Table 3.--Alternative Design Capacity Exemption Level Options for the Emission Guidelines <SUP>a <SUP>b         
                                                                                                                
                                             Annual <SUP>c     Annual <SUP>d                                              
                                 Number        NMOC       methane                           NMOC         NMOC   
   Small size cutoff  (mg)     landfills     emission     emission      Annual cost       average    incremental
                                affected    reduction    reduction     (million $/yr)    cost eff.    cost eff. 
                                             (Mg/yr)      (Mg/yr)                          ($/Mg)       ($/Mg)  
Baseline <SUP>e..................  .........<SUP>..  .........<SUP>..  .........<SUP>..  .........<SUP>........  .........<SUP>..  .........<SUP>..
3,000,000...................          273       73,356    3,220,000                 84        1,145        1,145
2,500,000...................          312       77,600    3,370,000                 89        1,147        1,178
1,000,000...................          572       97,600    3,990,000                119        1,219        1,500

[[Page 32749]]

                                                                                                                
No cutoff <SUP>f.................        7,299      142,000    8,270,000                719        5,063       13,514
----------------------------------------------------------------------------------------------------------------
<SUP>a Emission rate cutoff level of 50 Mg NMOC/yr.                                                                  
<SUP>b All values are fifth year annualized.                                                                         
<SUP>c NMOC emission reductions are from a baseline of 145,000 Mg NMOC/yr.                                           
<SUP>d Methane emission reductions are from a baseline of 8,400,000 Mg methane/yr.                                   
<SUP>e In the absence of an emission guidelines.                                                                     
<SUP>f No emission rate cutoff and no design capacity exemption level.                                               


   Table 5.--Alternative Design Capacity Exemption Level Options for the New Source Performance Standards <SUP>a <SUP>b   
                                                                                                                
                                             Annual <SUP>c     Annual <SUP>d                                              
                                 Number        NMOC       methane                           MNOC        MNOC <SUP>f  
   Small size cutoff  (mg)     landfills     emission     emission     Annual <SUP>e cost      average    incremental
                                affected    reduction    reduction     (million $/yr)    cost eff.    cost eff. 
                                             (Mg/yr)      (Mg/yr)                          ($/Mg)       ($/Mg)  
Baseline <SUP>g..................  .........<SUP>..  .........<SUP>..  .........<SUP>..  .........<SUP>........  .........<SUP>..  .........<SUP>..
3,000,000...................           41        4,900      193,000                  4          816           NA
2,500,000...................           43        4,900      193,000                  4          816           NA
1,000,000...................           89        4,900      193,000                  4          816           NA
No cutoff <SUP>h.................          872       13,115      881,000                 81        6,176           NA
----------------------------------------------------------------------------------------------------------------
<SUP>a Emission rate cutoff level of 50 Mg NMOC/yr.                                                                  
<SUP>b All values are fifth year annualized.                                                                         
<SUP>c NMOC emission reductions are from a baseline of 13,400 Mg NMOC/yr.                                            
<SUP>d Methane emission reductions are from a baseline of 899,000 Mg methane/yr.                                     
<SUP>e Due to rounding off to the nearest million dollar, cost values do not appear to change for each option.       
  However, actual costs are slightly less for a less stringent option.                                          
<SUP>f Because the annual cost does not change enough to show a different cost from one option to the next,          
  incremental cost effectiveness values are not applicable.                                                     
<SUP>g In the absence of a standard.                                                                                 
<SUP>h No emission rate cutoff and no design capacity exemption level.                                               

IV. Judicial Review

    Under section 307(b)(1) of the CAA, judicial review of the actions 
taken by this final rule is available only on the filing of a petition 
for review in the U.S. Court of Appeals for the District of Columbia 
Circuit within 60 days of today's publication of this action. Under 
section 307(b)(2) of the CAA, the requirements that are subject to 
today's document may not be challenged later in civil or criminal 
proceedings brought by EPA to enforce these requirements.

V. Administrative

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NSPS were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB control number 1557.03) may be obtained 
from Sandy Farmer, OPPE Regulatory Information Division; U.S. 
Environmental Protection Agency (2137); 401 M Street, SW; Washington, 
DC 20460 or by calling (202) 260-2740.
    Today's changes to the NSPS should have no impact on the 
information collection burden estimates made previously. The changes 
consist of new definitions and clarifications of requirements; not 
additional requirements. Consequently, the ICR has not been revised.

B. Executive Order 12866 Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether a regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of this Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligation of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this action is not ``significant'' because none of the 
listed criteria apply to this action. Consequently, this action was not 
submitted to OMB for review under Executive Order 12866.

C. Regulatory Flexibility

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this direct final rule. EPA has 
also determined that this direct final rule amendment will not have a 
significant economic impact on a substantial number of small entities. 
Today's action clarifies the applicability of control requirements in 
the Standards of Performance for New Stationary Sources and Guidelines 
for Control of Existing Sources: Municipal Solid Waste Landfills and 
does not include any

[[Page 32750]]

provisions that create a burden for any of the regulated entities.
    The changes in today's action do not increase the stringency of the 
rule or add additional control requirements. Nor is the scope of the 
rule changed so as to bring any entities not previously subject to the 
rule within its scope or coverage. Today's action does not alter 
control, monitoring, recordkeeping, or reporting requirements of the 
promulgated rule.

D. Submission to Congress

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. Executive Order 12875 and Unfunded Mandates Reform Act

    Under the executive order EPA must consult with representatives of 
affected State, local, and Tribal governments. Under the unfunded 
mandates reform act, EPA must prepare a statement to accompany any rule 
where the estimated costs to State, local, or Tribal governments, or to 
the private sector, will be $100 million or more per year. The EPA held 
consultations and prepared such a statement at the time of promulgation 
of subpart Cc and WWW (61 FR 9913, March 12, 1996). Today's changes 
consist of new definitions and clarifications and do not impose costs 
on government entities or the private sector. Consequently, a new 
unfunded mandates statement has not been prepared.

F. Children's Health Protection

    This direct final rule is not subject to E.O. 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it does not involve 
decisions on environmental health risks or safety that may 
disproportionately affect children.

List of Subjects in 40 CFR Part 60

    Environmental protection, Municipal solid waste landfills, Air 
pollution control.

    Dated: May 28, 1998.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter 1, part 
60 of the Code of Federal Regulations is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.

Subpart Cc--[Amended]

    2. Amend Sec. 60.32c by adding paragraphs (c) and (d) to read as 
follows:


Sec. 60.32c  Designated facilities.

* * * * *
    (c) For purposes of obtaining an operating permit under title V of 
the Act, the owner or operator of a MSW landfill subject to this 
subpart with a design capacity less than 2.5 million megagrams or 2.5 
million cubic meters is not subject to the requirement to obtain an 
operating permit for the landfill under part 70 or 71 of this chapter, 
unless the landfill is otherwise subject to either part 70 or 71. For 
purposes of submitting a timely application for an operating permit 
under part 70 or 71, the owner or operator of a MSW landfill subject to 
this subpart with a design capacity greater than or equal to 2.5 
million megagrams and 2.5 million cubic meters on the effective date of 
EPA approval of the State's program under section 111(d) of the Act, 
and not otherwise subject to either part 70 or 71, becomes subject to 
the requirements of Secs. 70.5(a)(1)(i) or 71.5(a)(1)(i) of this 
chapter 90 days after the effective date of such 111(d) program 
approval, even if the design capacity report is submitted earlier.
    (d) When a MSW landfill subject to this subpart is closed, the 
owner or operator is no longer subject to the requirement to maintain 
an operating permit under part 70 or 71 of this chapter for the 
landfill if the landfill is not otherwise subject to the requirements 
of either part 70 or 71 and if either of the following conditions are 
met.
    (1) The landfill was never subject to the requirement for a control 
system under Sec. 60.33c(c) of this subpart; or
    (2) The owner or operator meets the conditions for control system 
removal specified in Sec. 60.752(b)(2)(v) of subpart WWW.
    3. Amend Sec. 60.33c by removing in paragraph (a)(2) the phrase 
``2.5 million megagrams or 2.5 million cubic meters'' and adding, in 
its place ``2.5 million megagrams and 2.5 million cubic meters.''
    4. Amend Sec. 60.36c by revising paragraph (a) to read as follows:


Sec. 60.36c  Compliance times.

    (a) Except as provided for under paragraph (b) of this section, 
planning, awarding of contracts, and installation of MSW landfill air 
emission collection and control equipment capable of meeting the 
emission guidelines established under Sec. 60.33c shall be accomplished 
within 30 months after the date the initial NMOC emission rate report 
shows NMOC emissions equal or exceed 50 megagrams per year.
* * * * *

Subpart WWW

    5. Amend Sec. 60.750 as follows:
    a. In paragraph (a), remove the words ``or began accepting waste''.
    b. In paragraph (b), remove the word ``None'' and add, in its place 
``Sec. 60.754(a)(5)''.
    c. Add paragraph (c) to read as follows:


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

* * * * *
    (c) Activities required by or conducted pursuant to a CERCLA, RCRA, 
or State remedial action are not considered construction, 
reconstruction, or modification for purposes of this subpart.
    6. Amend Sec. 60.751 as follows:
    a. Remove the last sentence in the definition of ``closed 
landfill.''
    b. Revise the definitions of ``controlled landfill,'' ``design 
capacity,'' and ``interior well'' and add a definition of 
``modification'' to read as follows:


Sec. 60.751  Definitions.

* * * * *
    Controlled landfill means any landfill at which collection and 
control systems are required under this subpart as a result of the 
nonmethane organic compounds emission rate. The landfill is considered 
controlled at the time a collection and control system design plan is 
submitted in compliance with Sec. 60.752(b)(2)(i).
    Design capacity means the maximum amount of solid waste a landfill 
can accept, as indicated in terms of volume or mass in the most recent 
permit issued by the State, local, or Tribal agency responsible for 
regulating the landfill, plus any in-place waste not accounted for in 
the most recent permit. If the owner or operator chooses to convert the 
design capacity from volume to

[[Page 32751]]

mass or from mass to volume to demonstrate its design capacity is less 
than 2.5 million megagrams or 2.5 million cubic meters, the calculation 
must include a site specific density, which must be recalculated 
annually.
* * * * *
    Interior well means any well or similar collection component 
located inside the perimeter of the landfill waste. A perimeter well 
located outside the landfilled waste is not an interior well.
* * * * *
    Modification means an increase in the permitted volume design 
capacity of the landfill by either horizontal or vertical expansion 
based on its permitted design capacity as of May 30, 1991.
    7. Amend Sec. 60.752 by revising paragraph (a), the introductory 
text of paragraph (b), paragraphs (b)(2)(ii), (b)(2)(iii)(B), and 
(b)(2)(v)(A), and adding paragraphs (c) and (d) to read as follows:


Sec. 60.752  Standards for air emissions from municipal solid waste 
landfills.

    (a) Each owner or operator of an MSW landfill having a design 
capacity less than 2.5 million megagrams by mass or 2.5 million cubic 
meters by volume shall submit an initial design capacity report to the 
Administrator as provided in Sec. 60.757(a). The landfill may calculate 
design capacity in either megagrams or cubic meters for comparison with 
the exemption values. Any density conversions shall be documented and 
submitted with the report. Submittal of the initial design capacity 
report shall fulfill the requirements of this subpart except as 
provided for in paragraphs (a)(1) and (a)(2) of this section.
    (1) The owner or operator shall submit to the Administrator an 
amended design capacity report, as provided for in Sec. 60.757(a)(3).
    (2) When an increase in the maximum design capacity of a landfill 
exempted from the provisions of Sec. 60.752(b) through Sec. 60.759 of 
this subpart on the basis of the design capacity exemption in paragraph 
(a) of this section results in a revised maximum design capacity equal 
to or greater than 2.5 million megagrams and 2.5 million cubic meters, 
the owner or operator shall comply with the provision of paragraph (b) 
of this section.
    (b) Each owner or operator of an MSW landfill having a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters, shall either comply with paragraph (b)(2) of this section 
or calculate an NMOC emission rate for the landfill using the 
procedures specified in Sec. 60.754. The NMOC emission rate shall be 
recalculated annually, except as provided in Sec. 60.757(b)(1)(ii) of 
this subpart. The owner or operator of an MSW landfill subject to this 
subpart with a design capacity greater than or equal to 2.5 million 
megagrams and 2.5 million cubic meters is subject to part 70 or 71 
permitting requirements.
    (1) * * *
    (2) * * *
    (ii) Install a collection and control system that captures the gas 
generated within the landfill as required by paragraphs (b)(2)(ii)(A) 
or (B) and (b)(2)(iii) of this section within 30 months after the first 
annual report in which the emission rate equals or exceeds 50 megagrams 
per year, unless Tier 2 or Tier 3 sampling demonstrates that the 
emission rate is less than 50 megagrams per year, as specified in 
Sec. 60.757(c)(1) or (2).
* * * * *
    (iii) * * *
    (A) * * *
    (B) A control system designed and operated to reduce NMOC by 98 
weight-percent, or, when an enclosed combustion device is used for 
control, to either reduce NMOC by 98 weight percent or reduce the 
outlet NMOC concentration to less than 20 parts per million by volume, 
dry basis as hexane at 3 percent oxygen. The reduction efficiency or 
parts per million by volume shall be established by an initial 
performance test to be completed no later than 180 days after the 
initial startup of the approved control system using the test methods 
specified in Sec. 60.754(d).
* * * * *
    (v) * * *
    (A) The landfill shall be a closed landfill as defined in 
Sec. 60.751 of this subpart. A closure report shall be submitted to the 
Administrator as provided in Sec. 60.757(d);
* * * * *
    (c) For purposes of obtaining an operating permit under title V of 
the Act, the owner or operator of a MSW landfill subject to this 
subpart with a design capacity less than 2.5 million megagrams or 2.5 
million cubic meters is not subject to the requirement to obtain an 
operating permit for the landfill under part 70 or 71 of this chapter, 
unless the landfill is otherwise subject to either part 70 or 71. For 
purposes of submitting a timely application for an operating permit 
under part 70 or 71, the owner or operator of a MSW landfill subject to 
this subpart with a design capacity greater than or equal to 2.5 
million megagrams and 2.5 million cubic meters, and not otherwise 
subject to either part 70 or 71, becomes subject to the requirements of 
Secs. 70.5(a)(1)(i) or 71.5(a)(1)(i) of this chapter, regardless of 
when the design capacity report is actually submitted, no later than:
    (1) June 10, 1996 for MSW landfills that commenced construction, 
modification, or reconstruction on or after May 30, 1991 but before 
March 12, 1996;
    (2) Ninety days after the date of commenced construction, 
modification, or reconstruction for MSW landfills that commence 
construction, modification, or reconstruction on or after March 12, 
1996.
    (d) When a MSW landfill subject to this subpart is closed, the 
owner or operator is no longer subject to the requirement to maintain 
an operating permit under part 70 or 71 of this chapter for the 
landfill if the landfill is not otherwise subject to the requirements 
of either part 70 or 71 and if either of the following conditions are 
met:
    (1) The landfill was never subject to the requirement for a control 
system under paragraph (b)(2) of this section; or
    (2) The owner or operator meets the conditions for control system 
removal specified in paragraph (b)(2)(v) of this section.
    8. Amend Sec. 60.753 by revising the introductory text of 
Sec. 60.753 and the second sentence of paragraph (d) and the first 
sentence of paragraph (g) to read as follows:


Sec. 60.753  Operational standards for collection and control systems.

    Each owner or operator of an MSW landfill with a gas collection and 
control system used to comply with the provisions of 
Sec. 60.752(b)(2)(ii) of this subpart shall: * * *
    (d) * * * To determine if this level is exceeded, the owner or 
operator shall conduct surface testing around the perimeter of the 
collection area and along a pattern that traverses the landfill at 30 
meter intervals and where visual observations indicate elevated 
concentrations of landfill gas, such as distressed vegetation and 
cracks or seeps in the cover. * * *
* * * * *
    (g) If monitoring demonstrates that the operational requirements in 
paragraphs (b), (c), or (d) of this section are not met, corrective 
action shall be taken as specified in Sec. 60.755(a)(3) through (5) or 
Sec. 60.755(c) of this subpart. * * *
    9. Amend Sec. 60.754 as follows:
    a. In the last sentences of paragraph (a)(1)(i) and (a)(1)(ii) 
remove the phrase ``if the documentation provisions of 
Sec. 60.758(d)(2) are followed'' and add, in

[[Page 32752]]

its place, ``if documentation of the nature and amount of such wastes 
is maintained'';
    b. In paragraph (a)(4)(ii) remove the last sentence and add in its 
place, ``The calculation of the methane generation rate constant is 
performed only once, and the value obtained from this test shall be 
used in all subsequent annual NMOC emission rate calculations.'';
    c. In paragraphs (a)(5) and (b)(3) remove the phrase ``as provided 
in Sec. 60.752(b)(2)(i)(B)'';
    d. In paragraph (d), remove the words ``Method 25'' and add, in its 
place ``Method 25C'';
    e. Revise the introductory text of paragraph (a)(1) and revise 
paragraph (c) to read as follows:


Sec. 60.754  Test methods and procedures.

    (a)(1) The landfill owner or operator shall calculate the NMOC 
emission rate using either the equation provided in paragraph (a)(1)(i) 
of this section or the equation provided in paragraph (a)(1)(ii) of 
this section. Both equations may be used if the actual year-to-year 
solid waste acceptance rate is known, as specified in paragraph 
(a)(1)(i), for part of the life of the landfill and the actual year-to-
year solid waste acceptance rate is unknown, as specified in paragraph 
(a)(1)(ii), for part of the life of the landfill. The values to be used 
in both equations are 0.05 per year for k, 170 cubic meters per 
megagram for L<INF>O</INF>, and 4,000 parts per million by volume as 
hexane for the C<INF>NMOC</INF>. For landfills located in geographical 
areas with a thirty year annual average precipitation of less than 25 
inches, as measured at the nearest representative official meteorologic 
site, the k value to be used is 0.02 per year.
* * * * *
    (c) When calculating emissions for PSD purposes, the owner or 
operator of each MSW landfill subject to the provisions of this subpart 
shall estimate the NMOC emission rate for comparison to the PSD major 
source and significance levels in Secs. 51.166 or 52.21 of this chapter 
using AP-42 or other approved measurement procedures.
* * * * *
    10. Amend Sec. 60.755 as follows:
    a. In paragraphs (a)(3) and (a)(5), add a sentence at the end of 
each paragraph reading ``An alternative timeline for correcting the 
exceedance may be submitted to the Administrator for approval.'';
    b. Revise paragraph (a)(4) to read as follows:


Sec. 60.755  Compliance provisions.

    (a) * * *
    (4) Owners or operators are not required to expand the system as 
required in paragraph (a)(3) of this section during the first 180 days 
after gas collection system startup.
* * * * *
    c. In paragraph (b) introductory text, in the last sentence, remove 
the phrase ``within 60 days of the date in which'' and add in its 
place, ``no later than 60 days after the date on which'';
    d. In paragraph (c)(1), delete the phrase ``and along a serpentine 
pattern spaced 30 meters apart (or a site-specific established 
spacing)'' and add in its place, ``and along a pattern that traverses 
the landfill at 30 meter intervals (or a site-specific established 
spacing)''.
    11. Amend Sec. 60.756 as follows:
    a. In paragraph (a) introductory text, remove the phrase ``or other 
temperature measuring device'' and add, in its place, ``other 
temperature measuring device, or an access port for temperature 
measurements'';
    b. In paragraph (b)(1), remove the phrase ``an accuracy of'' and 
add in its place, ``a minimum accuracy of'';
    c. In paragraph (b)(2), introductory text, remove the phrase ``A 
gas flow rate measuring device that provides a measurement of gas 
flow'' and add, in its place, ``A device that records flow'';
    12. Amend Sec. 60.757 by revising paragraphs (a)(1), (a)(2), 
(a)(3), (b)(1)(i) and (g) introductory text to read as follows:


Sec. 60.757  Reporting requirements.

* * * * *
    (a) * * *
    (1) The initial design capacity report shall fulfill the 
requirements of the notification of the date construction is commenced 
as required by Sec. 60.7(a)(1) and shall be submitted no later than:
    (i) June 10, 1996, for landfills that commenced construction, 
modification, or reconstruction on or after May 30, 1991 but before 
March 12, 1996 or
    (ii) Ninety days after the date of commenced construction, 
modification, or reconstruction for landfills that commence 
construction, modification, or reconstruction on or after March 12, 
1996.
    (2) The initial design capacity report shall contain the following 
information:
    (i) A map or plot of the landfill, providing the size and location 
of the landfill, and identifying all areas where solid waste may be 
landfilled according to the permit issued by the State, local, or 
tribal agency responsible for regulating the landfill.
    (ii) The maximum design capacity of the landfill. Where the maximum 
design capacity is specified in the permit issued by the State, local, 
or tribal agency responsible for regulating the landfill, a copy of the 
permit specifying the maximum design capacity may be submitted as part 
of the report. If the maximum design capacity of the landfill is not 
specified in the permit, the maximum design capacity shall be 
calculated using good engineering practices. The calculations shall be 
provided, along with the relevant parameters as part of the report. The 
State, Tribal, local agency or Administrator may request other 
reasonable information as may be necessary to verify the maximum design 
capacity of the landfill.
    (3) An amended design capacity report shall be submitted to the 
Administrator providing notification of an increase in the design 
capacity of the landfill, within 90 days of an increase in the maximum 
design capacity of the landfill to or above 2.5 million megagrams and 
2.5 million cubic meters. This increase in design capacity may result 
from an increase in the permitted volume of the landfill or an increase 
in the density as documented in the annual recalculation required in 
Sec. 60.758(f).
    (b) * * *
    (1) * * *
    (i) The initial NMOC emission rate report may be combined with the 
initial design capacity report required in paragraph (a) of this 
section and shall be submitted no later than indicated in paragraphs 
(b)(1)(i)(A) and (B) of this section. Subsequent NMOC emission rate 
reports shall be submitted annually thereafter, except as provided for 
in paragraphs (b)(1)(ii) and (b)(3) of this section.
    (A) June 10, 1996, for landfills that commenced construction, 
modification, or reconstruction on or after May 30, 1991, but before 
March 12, 1996, or
    (B) Ninety days after the date of commenced construction, 
modification, or reconstruction for landfills that commence 
construction, modification, or reconstruction on or after March 12, 
1996.
* * * * *
    (g) Each owner or operator seeking to comply with 
Sec. 60.752(b)(2)(iii) shall include the following information with the 
initial performance test report required under Sec. 60.8:
* * * * *
    13. Amend Sec. 60.758 as follows:
    a. Remove the introductory text;
    b. At the beginning of paragraphs (a), (b) introductory text, (c) 
introductory text, (d) introductory text, and (e), add the phrase 
``Except as provided in Sec. 60.752(b)(2)(i)(B),'';

[[Page 32753]]

    c. In paragraph (a), remove the phrase ``on-site records of the 
maximum design capacity'' and add, in its place ``on-site records of 
the design capacity report which triggered Sec. 60.752(b)'';
    d. Add paragraph (f) to read as follows:


Sec. 60.758  Recordkeeping Requirements.

* * * * *
    (f) Landfill owners or operators who convert design capacity from 
volume to mass or mass to volume to demonstrate that landfill design 
capacity is less than 2.5 million megagrams or 2.5 million cubic 
meters, as provided in the definition of ``design capacity'', shall 
keep readily accessible, on-site records of the annual recalculation of 
site-specific density, design capacity, and the supporting 
documentation. Off-site records may be maintained if they are 
retrievable within 4 hours. Either paper copy or electronic formats are 
acceptable.
    14. Amend Sec. 60.759 as follows:
    a. In paragraph (a)(3)(iii), remove the sentence ``The values for 
k, L<INF>O</INF>, and C<INF>NM</INF>OC determined in field testing 
shall be used, if field testing has been performed in determining the 
NMOC emission rate or the radii of influence.'' and add, in its place, 
the sentence ``The values for k and C<INF>NM</INF>OC determined in 
field testing shall be used, if field testing has been performed in 
determining the NMOC emission rate or the radii of influence (the 
distance from the well center to a point in the landfill where the 
pressure gradient applied by the blower or compressor approaches 
zero).''
    b. In paragraph (a)(3)(iii), remove the sentence ``If field testing 
has not been performed, the default values for k, L<INF>O</INF>, and 
C<INF>NM</INF>OC provided in Sec. 60.754(a)(1) shall be used'' and add, 
in its place, the sentence ``If field testing has not been performed, 
the default values for k, L<INF>O </INF>and C<INF>NM</INF>OC provided 
in Sec. 60.754(a)(1) or the alternative values from Sec. 60.754(a)(5) 
shall be used.

[FR Doc. 98-15007 Filed 6-15-98; 8:45 am]
BILLING CODE 6560-50-P


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