value non-CO2 GHG impacts in its rulemakings, the agency has
concluded that the estimates represent the best scientific information
on the impacts of climate change available in a form appropriate for
incorporating the damages from incremental CH4 emissions
changes into regulatory analysis. The EPA has included those benefits
in the main benefits analysis. See the EPA's Response to Comments
document for the complete response to comments received on the SC-
CH4 as part of this rulemaking.
    The methane benefits based on Marten et al. (2014) are presented
for the year 2025. Applying this approach to the methane reductions
estimated for these guidelines, the 2025 methane benefits vary by
discount rate and range from about $200 million to approximately $1.1
billion; the mean SC-CH4 at the 3-percent discount rate
results in an estimate of about $430 million in 2025, as presented in
Table 4 of this preamble.

                       Table 4--Estimated Global Benefits of CH[ihel4] Reductions in 2025
                                              [In millions, 2012$]
----------------------------------------------------------------------------------------------------------------
                                                                  Discount rate and statistic
                                             -------------------------------------------------------------------
        Million metric tons CH[ihel4]                                                                3% 95th
                                                 5% Average       3% Average      2.5% Average      percentile
----------------------------------------------------------------------------------------------------------------
0.285.......................................            $200             $430             $550           $1,100
----------------------------------------------------------------------------------------------------------------

    The vast majority of this action's climate-related benefits are
associated with methane reductions. Additional climate-related benefits
are expected from the guidelines' secondary air impacts, specifically,
a net reduction in CO2 emissions. Monetizing the net
CO2 reductions with the SC-CO2 estimates
described in this section yields benefits

of $14 million in the year 2025 (average SC-CO2, 3 percent
discount rate, 2012$). Monetized climate benefits associated with
reductions in methane and secondary CO2 emissions are approximately
$440 million in 2025 (2012$), based on the average SC-CH4 at
a 3 percent discount rate and the average SC-CO2 at a 3 percent
discount rate. See the 2016 RIA for more details.
    In addition to the limitation discussed above, and the referenced
documents, there are additional impacts of individual GHGs that are not
currently captured in the IAMs used in the directly modeled approach of
Marten et al. (2014), and therefore not quantified for the rule. For
example, the NMOC portion of LFG can contain a variety of air
pollutants, including VOC and various organic HAP. VOC emissions are
precursors to both PM2.5 and ozone formation, while methane
is a GHG and a precursor to global ozone formation. These pollutants
are associated with substantial health effects, welfare effects, and
climate effects, which are discussed in section III.B of this preamble.
The ozone generated by methane has important non-climate impacts on
agriculture, ecosystems, and human health. The 2016 RIA describes the
specific impacts of methane as an ozone precursor in more detail and
discusses studies that have estimated monetized benefits of these
methane generated ozone effects. The EPA continues to monitor
developments in this area of research.
    Finally, these final Emission Guidelines will yield benefits from
reductions in VOC and HAP emissions and from reductions in methane as a
precursor to global background concentrations of tropospheric ozone.
With the data available, we are not able to provide quantified health
benefit estimates for the reduction in exposure to HAP, ozone, and
PM2.5 for this rule. This is not to imply that there are no
benefits of the rules; rather, it is a reflection of the difficulties
in modeling the direct and indirect impacts of the reductions in
emissions for this sector with the data currently available.\61\ In
addition to health improvements, there will be improvements in
visibility effects, ecosystem effects, and climate effects.
---------------------------------------------------------------------------

    \61\ Previous studies have estimated the monetized benefits-per-
ton of reducing VOC emissions associated with the effect that those
emissions have on ambient PM2.5 levels and the health
effects associated with PM2.5 exposure (Fann, Fulcher,
and Hubbell, 2009). While these ranges of benefit-per-ton estimates
can provide useful context, the geographic distribution of VOC
emissions from the MSW landfills sector are not consistent with
emissions modeled in Fann, Fulcher, and Hubbell (2009). In addition,
the benefit-per-ton estimates for VOC emission reductions in that
study are derived from total VOC emissions across all sectors.
Coupled with the larger uncertainties about the relationship between
VOC emissions and PM2.5 and the highly localized nature
of air quality responses associated with HAP and VOC reductions,
these factors lead us to conclude that the available VOC benefit-
per-ton estimates are not appropriate to calculate monetized
benefits of these rules, even as a bounding exercise.
---------------------------------------------------------------------------

    Although we do not have sufficient information or modeling
available to provide quantitative estimates of the health benefits
associated with HAP, ozone, and PM2.5 reductions, we include
a qualitative assessment of the public health effects associated with
exposure to HAP, ozone, and PM2.5 in the 2016 RIA for this
rule. These qualitative impact assessments are briefly summarized in
section III.B of this preamble, but for more detailed information,
please refer to the 2016 RIA, which is available in the docket.
    Based on the monetized benefits and costs of the final emission
guidelines, the annual net benefits of the rule are estimated to be
$390 million ($2012) in 2025 based on the average SC-CH4 at a 3 percent
discount rate and costs at a 7 percent discount rate.

VIII. Statutory and Executive Order Reviews

    Additional information about these statues and Executive Orders can
be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is an economically significant regulatory action that
was submitted to OMB for review. Any changes made in response to OMB
recommendations have been documented in the docket. The EPA prepared an
economic analysis of the potential costs and benefits associated with
the proposed Emission Guidelines. The analysis is documented in the
2016 RIA, which is available in docket EPA-HQ-OAR-2014-0451 and is
briefly summarized in section VII of this preamble.

B. Paperwork Reduction Act (PRA)

    OMB has approved the information collection activities contained in
this rule under the PRA and has assigned OMB control number 2060-NEW.
The Information Collection Request (ICR) document that the EPA prepared
for the final Emission Guidelines has been assigned EPA ICR number
2522.02. You can find a copy of the ICR in the docket for this rule,
and it is briefly summarized here.
    The information required to be collected is necessary to identify
the regulated entities subject to the final rule and to ensure their
compliance with the final Emission Guidelines. The recordkeeping and
reporting requirements are mandatory and are being established under
authority of CAA section 114 (42 U.S.C. 7414). All information other
than emissions data submitted as part of a report to the agency for
which a claim of confidentiality is made will be safeguarded according
to CAA section 114(c) and the EPA's implementing regulations at 40 CFR
part 2, subpart B.
    Respondents/affected entities: MSW landfills that accepted waste
after November 8, 1987, and commenced construction, reconstruction, or
modification on or before July 17, 2014.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart Cf).
    Estimated number of respondents: 1,192 MSW landfills.
    Frequency of response: Initially, occasionally, and annually.
    Total estimated burden: 679,668 hours (per year) for the responding
facilities and 17,829 hours (per year) for the agency. These are
estimates for the average annual burden for the first 3 years after the
rule is final. Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $45,225,362 (per year), which includes
annualized capital or operation and maintenance costs, for the
responding facilities and 1,161,840 (per year) for the agency. These
are estimates for the average annual cost for the first 3 years after
the rule is final.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

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. This
action will not impose any requirements on small entities.
Specifically, Emission Guidelines established under CAA section 111(d)
do not impose any requirements on regulated entities and, thus, will
not have a significant economic impact upon a substantial number of
small entities. After Emission Guidelines are promulgated, states and
U.S. territories establish standards on existing sources, and it is
those state requirements that could potentially impact small entities.

    Our analysis here is consistent with the analysis of the analogous
situation arising when the EPA establishes National Ambient Air Quality
Standards (NAAQS), which do not impose any requirements on regulated
entities. As here, any impact of a NAAQS on small entities would only
arise when states take subsequent action to maintain and/or achieve the
NAAQS through their state implementation plans. See American Trucking
Assoc. v. EPA, 175 F.3d 1029, 1043-45 (D.C. Cir. 1999). (NAAQS do not
have significant impacts upon small entities because NAAQS themselves
impose no regulations upon small entities.)
    Nevertheless, the EPA is aware that there is substantial interest
in the rule among small entities. The EPA conducted stakeholder
outreach as detailed in sections XI.C and XI.E of the preamble to the
proposed Standards of Performance for MSW Landfills (79 FR 41828-41829;
July 17, 2014) and in sections VIII.C and VIII.E of this preamble. The
EPA convened a Small Business Advocacy Review (SBAR) Panel in 2013 for
the landfills rulemaking. The EPA originally planned a review of the
Emission Guidelines and NSPS in one action, but the actions were
subsequently divided into separate rulemakings. The SBAR Panel
evaluated the assembled materials and small-entity comments on issues
related to the rule's potential effects and significant alternative
regulatory approaches. A copy of the ``Summary of Small Entity
Outreach'' is available in the rulemaking docket EPA-HQ-OAR-2014-0451.
While formulating the provisions of the rule, the EPA considered the
input provided over the course of the stakeholder outreach as well as
the input provided in the many public comments, and we have
incorporated many of the suggestions in this final rule.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million
or more as described in UMRA, 2 U.S.C. 1531-1538. The final Emission
Guidelines apply to landfills that were constructed, modified, or
reconstructed after November 8, 1987, and that commenced construction,
reconstruction, or modification on or before July 17, 2014. Impacts
resulting from the final Emission Guidelines are below the applicable
threshold.
    We note however, that the final Emission Guidelines may
significantly or uniquely affect small governments because small
governments operate landfills. The EPA consulted with small governments
concerning the regulatory requirements that might significantly or
uniquely affect them. In developing this rule, the EPA consulted with
small governments pursuant to a plan established under section 203 of
the UMRA to address impacts of regulatory requirements in the rule that
might significantly or uniquely affect small governments. The EPA also
held meetings as discussed in section VIII.E of this preamble under
Federalism consultations.

E. Executive Order 13132: Federalism

    The EPA has concluded that the final Emission Guidelines may have
federalism implications, because the rule imposes substantial direct
compliance costs on state or local governments and the federal
government will not provide the funds necessary to pay those costs.
    The EPA provides the following federalism summary impact statement.
The EPA consulted with state and local officials, including their
representative national organizations, early in the process of
developing the proposed action to permit them to have meaningful and
timely input into its development. In developing the regulatory options
reflected in the proposed rule as well as this final action, the EPA
consulted with 8 national organizations representing state and local
elected officials, including the National Governors Association, the
National League of Cities, the National Association of Counties, the
National Conference of State Legislatures, the United States Conference
of Mayors, the County Executives of America, the Council of State
Governments, and the National Association of Towns and Townships.
Additionally, the Environmental Council of the States, the National
Association of Clean Air Agencies and the Association of State and
Territorial Solid Waste Management Officials participated in pre-
proposal briefings. Finally, in addition to these associations, over
140 officials representing state and local governments across the
nation participated in at least one of three pre-proposal briefings in
the Fall of 2013 (September 10, 2013, November 7, 2013, and November
14, 2013.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicited input prior to proposal
from these intergovernmental associations, their members, and the
participating state and local officials during and in follow-up to
these briefings. As a result of the first phase of pre-proposal
intergovernmental outreach, the EPA received comments from [over 40]
entities representing State and local governments. As the development
of the rule continued, and in the interest of sharing additional
information with its intergovernmental partners prior to proposing the
rule, EPA conducted an additional Federalism outreach meeting on April
15, 2015.
    The principal intergovernmental concerns raised during the pre-
proposal consultations, as well as during the proposed rule's public
comment period, include: Implementation concerns associated with
shortening of gas collection system installation and/or expansion
timeframes; concerns regarding significant lowering of the design
capacity or emission thresholds; the need for clarifications associated
with wellhead operating parameters; and, the need for consistent,
clear, and rigorous surface monitoring requirements. In response to
these comments and based upon the data currently available, the EPA has
decided not to adjust the design capacity or significantly lower the
emission threshold. The EPA has also decided not to adjust the time
allotted for installation of the GCCS or expansion of the wellfield. In
80 FR 52121 (the proposed rule), the EPA highlighted specific concerns
raised by commenters, which included state agencies as well as landfill
owners and operators, about the interaction between shortened lag times
and design plan approvals, costs and safety concerns associated with
reduced lag times, and the need for flexibility for lag time
adjustments. Wellhead operating parameters have been adjusted to limit
corrective action requirements to negative pressure and temperature.
The EPA also acknowledged concerns about wellhead operating parameters
in 80 FR 52121 and reviewed public comments in favor of and against
retention of the parameters during the public comment period as
described in section VI.A.1 of this preamble.
    As described section VI.B of this preamble, the EPA is finalizing a
SEM approach for determining GCCS installation. Commenters were
generally supportive of this approach and recognized the additional
flexibility provided as an alternative to the traditional approach for
determining GCCS installation based on a series of models. The EPA is
also finalizing a subcategory for closed landfills as outlined in
section VI.C of this preamble. While federalism commenters primarily
supported this approach, some representatives of local

governments opposed it due to trends in ownership and size of landfills
and the perception that landfills owned by these entities should not
benefit from subcategorization.
    A complete list of the comments from State and local governments
has been provided to OMB and has been placed in the docket for this
rulemaking. In addition, the detailed response to comments from these
entities is contained in the EPA's Response to Comments document for
this rulemaking.
    As required by section 8(a) of Executive Order 13132, the EPA
included a certification from its Federalism Official stating that the
EPA had met the Executive Order's requirements in a meaningful and
timely manner when it sent the draft of this final action to OMB for
review pursuant to Executive Order 12866. A copy of this certification
is included in the public version of the official record for this final
action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. The database used to
estimate impacts of the final 40 CFR part 60, subpart Cf, identified
one tribe, the Salt River Pima-Maricopa Indian Community, which owns
three landfills potentially subject to the final Emission Guidelines.
One of these landfills is open, the Salt River Landfill, and is already
controlling emissions under the current NSPS/EG framework, so while
subject to this subpart, the costs of this proposal are not
substantial. The two other landfills are closed and anticipated to meet
the definition of the closed landfill subcategory. One of the closed
landfills, the Tri Cities Landfill, is already controlling emissions
under the current NSPS/EG framework and will not incur substantial
additional compliance costs under subpart Cf. The other landfill, North
Center Street Landfill, is not estimated to install controls under the
current NSPS/EG framework.
    As required by section 7(a), the EPA's Tribal Consultation Official
has certified that the requirements of the Executive Order have been
met in a meaningful and timely manner. A copy of the certification is
included in the docket for this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is subject to Executive Order 13045 (62 FR 19885, April
23, 1997) because it is a significant regulatory action as defined by
Executive Order 12866, and the EPA believes that the environmental
health or safety risk addressed by this action has a disproportionate
effect on children. Accordingly, the EPA has evaluated the
environmental health and welfare effects of climate change on children.
    Greenhouse gases including methane contribute to climate change and
are emitted in significant quantities by the landfill sector. The EPA
believes that the GHG emission reductions resulting from implementation
of this final rule will further improve children's health.
    The assessment literature cited in the EPA's 2009 Endangerment
Finding concluded that certain populations and life stages, including
children, the elderly, and the poor, are most vulnerable to climate-
related health effects. The assessment literature since 2009
strengthens these conclusions by providing more detailed findings
regarding these groups' vulnerabilities and the projected impacts they
may experience.
    These assessments describe how children's unique physiological and
developmental factors contribute to making them particularly vulnerable
to climate change. Impacts to children are expected from heat waves,
air pollution, infectious and waterborne illnesses, and mental health
effects resulting from extreme weather events. In addition, children
are among those especially susceptible to most allergic diseases, as
well as health effects associated with heat waves, storms, and floods.
Additional health concerns may arise in low income households,
especially those with children, if climate change reduces food
availability and increases prices, leading to food insecurity within
households.
    More detailed information on the impacts of climate change to human
health and welfare is provided in section III.B of this preamble.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that the
final Emission Guidelines are not likely to have any adverse energy
effects because the energy demanded to operate these control systems
will be offset by additional energy supply from LFG energy projects.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    The final Emission Guidelines involve technical standards. For the
final Emission Guidelines, the EPA has decided to use EPA Methods 2,
2E, 3, 3A, 3C, 18, 21, 25, 25A, and 25C of 40 CFR part 60, appendix A.
    The EPA identified 15 voluntary consensus standards (VCS) as being
potentially applicable (ASTM D3154-00 (2006), ASTM D3464-96 (2007),
ASTM D3796-90 (2001), ANSI/ASME PTC 19-10-1981 Part 10, ASME B133.9-
1994 (2001), ISO 10396:1993 (2007), ISO 12039:2001, ISO 10780:1994,
ASTM D5835-95 (2013), ASTM D6522-11, ASTM D6420-99 (2010), CAN/CSA
Z223.2-M86 (1999), ASTM D6060-96 (2009), ISO 14965:2000(E), EN
12619(1999)). The EPA determined that 14 of the 15 candidate VCS
identified for measuring emissions of pollutants or their surrogates
subject to emission standards in the rule would not be practical due to
lack of equivalency, documentation, validation data, and other
important technical and policy considerations. The agency identified no
equivalent standards for Methods 2E, 21, and 25C. However, one
voluntary consensus standard was identified as acceptable alternative
to EPA test method for the purposes of this rule.
    The voluntary consensus standard ASTM D6522-11, Standard Test
Method for the Determination of Nitrogen Oxides, Carbon Monoxide, and
Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating
Engines, Combustion Turbines, Boilers, and Process Heaters Using
Portable Analyzers'' is an acceptable alternative to Method 3A when
used at the wellhead before combustion. It is advisable to know the
flammability and check the Lower Explosive Limit of the flue gas
constituents, prior to sampling, in order to avoid undesired ignition
of the gas. The results of ASTM D6522-11 may be used to determine
nitrogen oxides and carbon monoxide emission concentrations from
natural gas combustion at stationary sources. This test method may also
be used to monitor emissions during short-term emission tests or
periodically in order to optimize process operation for nitrogen oxides
and carbon monoxide control.
    The EPA's review, including review of comments for these 15
methods, is documented in the memorandum, ``Voluntary Consensus
Standard Results

for Emission Guidelines and Compliance Times for Municipal Solid Waste
Landfills, 2016'' in the docket for this rulemaking (EPA-HQ-OAR-2014-
0451).
    In this rule, the EPA is finalizing regulatory text for 40 CFR part
60, subpart Cf, that includes incorporation by reference in accordance
with requirements of 1 CFR 51.5. Specifically, the EPA is incorporating
by reference ASTM D6522-11. You may obtain a copy from American Society
for Testing and Materials, 100 Barr Harbor Drive, Post Office Box C700,
West Conshohocken, PA 19428-2959 or http://www.astm.org.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. The EPA has determined this because the
rulemaking increases the level of environmental protection for all
affected populations without having any disproportionately high and
adverse human health or environmental effects on any population,
including any minority, low-income, or indigenous populations. To the
extent that any minority, low-income, or indigenous subpopulation is
disproportionately impacted by hazardous air emissions due to the
proximity of their homes to sources of these emissions, that
subpopulation also stands to see increased environmental and health
benefit from the emission reductions called for by this rule.
    The EPA has provided meaningful participation opportunities for
minority, low-income, indigenous populations and tribes during the
rulemaking process by conducting and participating in community calls
and webinars. Documentation of these activities can be found in the
July 13, 2016, document titled, ``2016 Environmental Justice Screening
Report for Municipal Solid Waste Landfills,'' a copy of which is
available in the docket for this action (EPA-HQ-OAR-2014-0451).
    The EPA is committed to assisting states and communities to develop
plans that ensure there are no disproportionate, adverse impacts on
overburdened communities. To provide information fundamental to that
process, the EPA has conducted a proximity analysis for this final
rulemaking that summarizes demographic data on the communities located
near landfills.\62\ The EPA understands that, in order to prevent
disproportionately, high and adverse human health or environmental
effects on these communities, both states and communities must have
information on the communities living near facilities, including
demographic data, and that accessing and using census data files
requires expertise that some community groups may lack. Therefore, the
EPA used census data from the American Community Survey (ACS) 2008-2012
to conduct a proximity analysis that can be used by states and
communities as they develop state plans and as they later assess the
final plans' impacts. The analysis and its results are presented in the
EJ Screening Report for Municipal Solid Waste Landfills, which is
located in the docket for this rulemaking at EPA-HQ-OAR-2014-0451.
---------------------------------------------------------------------------

    \62\ The proximity analysis was conducted using the EPA's
environmental justice mapping and screening tool, EJSCREEN.
---------------------------------------------------------------------------

    The proximity analysis provides detailed demographic information on
the communities located within a 3-mile radius of each affected
landfill in the U.S. Included in the analysis is the breakdown by
percentage of community characteristics such as income and minority
status. The analysis shows a higher percentage of communities of color
and people without high school diplomas living near landfills than
national averages. It is important to note that the impacts of landfill
emissions are not limited to a 3-mile radius and the impacts of both
potential increases and decreases in landfill emissions can be felt
many miles away. Still, being aware of the characteristics of
communities closest to landfills is a starting point in understanding
how changes in the landfill's air emissions may affect the air quality
experienced by some of those already experiencing environmental
burdens.
    As stated in the Executive Order 12898 discussion located in
section XIII.J of this preamble, the EPA believes that all communities
will benefit from this final rulemaking because this action addresses
the impacts of climate change by climate co-benefits achieved through
reductions in the methane component of LFG. The EPA also believes that
the information provided in the proximity analysis will promote
engagement between vulnerable communities and their states and will be
useful for states as they develop their plans.
    Additionally, the EPA encourages states to conduct their own
analyses of community considerations when developing their plans. Each
state is uniquely knowledgeable about its own communities and well-
positioned to consider the possible impacts of plans on vulnerable
communities within its state. Conducting state-specific analyses would
not only help states assess possible impacts of plan options, but it
would also enhance a state's understanding of the means to engage these
communities that would most effectively reach them and lead to valuable
exchanges of information and concerns. A state analysis, together with
the proximity analysis conducted by the EPA, would provide a solid
foundation for engagement between a state and its communities.
    Such state-specific analyses need not be exhaustive. An examination
of the options a state is considering for its plan, and any projections
of likely resulting increases in landfill emissions affecting low-
income populations, communities of color populations, or indigenous
communities, would be informative for communities. The analyses could
include available air quality monitoring data and information from air
quality models, and, if available, take into account information about
local health vulnerabilities such as asthma rates or access to
healthcare. Alternatively, a simple analysis may consider expected
landfill utilization in geographic proximity to overburdened
communities. The EPA will provide states with information on its
publicly available environmental justice screening and mapping tool, EJ
SCREEN, which they may use in conducting a state-specific analysis.
Additionally, the EPA encourages states to submit a copy of their
analysis if they choose to conduct one, with their initial and final
plan submittals.

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 a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Reporting and
recordkeeping requirements.

    Dated: July 14, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends title 40, chapter I of the Code of Federal
Regulations as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

0
2. Section 60.17 is amended:
0
a. By redesignating paragraphs (h)(185) through (206) as paragraphs
(h)(186) through (207), respectively; and
0
b. By adding a new paragraph (h)(185).
    The addition reads as follows:

Sec.  60.17  Incorporations by reference.

* * * * *
    (h) * * *
    (185) ASTM D6522-11 Standard Test Method for Determination of
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in
Emissions from Natural Gas-Fired Reciprocating Engines, Combustion
Turbines, Boilers, and Process Heaters Using Portable Analyzers
(Approved December 1, 2011), IBR approved for Sec.  60.37f(a).
* * * * *

0
3. Part 60 is amended by adding subpart Cf to read as follows:
Subpart Cf--Emission Guidelines and Compliance Times for Municipal
Solid Waste Landfills
Sec.
60.30f Scope and delegated authorities.
60.31f Designated facilities.
60.32f Compliance times.
60.33f Emission Guidelines for municipal solid waste landfill
emissions.
60.34f Operational standards for collection and control systems.
60.35f Test methods and procedures.
60.36f Compliance provisions.
60.37f Monitoring of operations.
60.38f Reporting guidelines.
60.39f Recordkeeping guidelines.
60.40f Specifications for active collection systems.
60.41f Definitions.

Subpart Cf--Emission Guidelines and Compliance Times for Municipal
Solid Waste Landfills

Sec.  60.30f  Scope and delegated authorities.

    This subpart establishes Emission Guidelines and compliance times
for the control of designated pollutants from certain designated
municipal solid waste (MSW) landfills in accordance with section 111(d)
of the Clean Air Act and subpart B of this part.
    (a) If you are the Administrator of an air quality program in a
state or United States protectorate with one or more existing MSW
landfills that commenced construction, modification, or reconstruction
on or before July 17, 2014, you must submit a state plan to the U.S.
Environmental Protection Agency (EPA) that implements the Emission
Guidelines contained in this subpart. The requirements for state plans
are specified in subpart B of this part.
    (b) You must submit a state plan to EPA by May 30, 2017.
    (c) The following authorities will not be delegated to state,
local, or tribal agencies:
    (1) Approval of alternative methods to determine the NMOC
concentration or a site-specific methane generation rate constant (k).
    (2) [Reserved]

Sec.  60.31f  Designated facilities.

    (a) The designated facility to which these Emission Guidelines
apply is each existing MSW landfill for which construction,
reconstruction, or modification was commenced on or before July 17,
2014.
    (b) Physical or operational changes made to an existing MSW
landfill solely to comply with an emission guideline are not considered
a modification or reconstruction and would not subject an existing MSW
landfill to the requirements of a standard of performance for new MSW
landfills.
    (c) For purposes of obtaining an operating permit under title V of
the Clean Air Act, the owner or operator of an MSW landfill subject to
this subpart with a design capacity less than 2.5 million megagrams or
2.5 million cubic meters is not subject to the requirement to obtain an
operating permit for the landfill under 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 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 on the effective date of
EPA approval of the state's program under section 111(d) of the Clean
Air Act, and not otherwise subject to either part 70 or 71, becomes
subject to the requirements of Sec.  70.5(a)(1)(i) or Sec.
71.5(a)(1)(i) of this chapter 90 days after the effective date of such
section 111(d) program approval, even if the design capacity report is
submitted earlier.
    (d) When an MSW landfill subject to this subpart is closed as
defined in this subpart, the owner or operator is no longer subject to
the requirement to maintain an operating permit under 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 to install
and operate a gas collection and control system under Sec.  60.33f; or
    (2) The landfill meets the conditions for control system removal
specified in Sec.  60.33f(f).
    (e) When an MSW landfill subject to this subpart is in the closed
landfill subcategory, the owner or operator is not subject to the
following reports of this subpart, provided the owner or operator
submitted these reports under the provisions of subpart WWW of this
part; 40 CFR part 62, subpart GGG; or a state plan implementing subpart
Cc of this part on or before July 17, 2014:
    (1) Initial design capacity report specified in Sec.  60.38f(a).
    (2) Initial or subsequent NMOC emission rate report specified in
Sec.  60.38f(c), provided that the most recent NMOC emission rate
report indicated the NMOC emissions were below 50 Mg/yr.
    (3) Collection and control system design plan specified in Sec.
60.38f(d).
    (4) Closure report specified in Sec.  60.38f(f).
    (5) Equipment removal report specified in Sec.  60.38f(g).
    (6) Initial annual report specified in Sec.  60.38f(h).
    (7) Initial performance test report in Sec.  60.38f(i).

Sec.  60.32f  Compliance times.

    Planning, awarding of contracts, installing, and starting up MSW
landfill air emission collection and control equipment that is capable
of meeting the Emission Guidelines under Sec.  60.33f must be completed
within 30 months after the date an NMOC emission rate report shows NMOC
emissions equal or exceed 34 megagrams per year (50 megagrams per year
for the closed landfill subcategory); or within 30 months after the
date of the most recent NMOC emission rate report that shows NMOC
emissions equal or exceed 34 megagrams per year (50 megagrams per year
for the closed landfill subcategory), if Tier 4 surface emissions
monitoring shows a surface emission concentration of 500 parts per
million methane or greater.

Sec.  60.33f  Emission Guidelines for municipal solid waste landfill
emissions.

    (a) Landfills. For approval, a state plan must require each owner
or operator of an MSW landfill having a design capacity greater than or
equal to 2.5 million megagrams by mass and 2.5 million cubic meters by
volume to collect and control MSW landfill

emissions at each MSW landfill that meets the following conditions:
    (1) The landfill has accepted waste at any time since November 8,
1987, or has additional design capacity available for future waste
deposition.
    (2) The landfill commenced construction, reconstruction, or
modification on or before July 17, 2014.
    (3) The landfill has an NMOC emission rate greater than or equal to
34 megagrams per year or Tier 4 surface emissions monitoring shows a
surface emission concentration of 500 parts per million methane or
greater.
    (4) The landfill in the closed landfill subcategory and has an NMOC
emission rate greater than or equal to 50 megagrams per year or Tier 4
surface emissions monitoring shows a surface emission concentration of
500 parts per million methane or greater.
    (b) Collection system. For approval, a state plan must include
provisions for the installation of a gas collection and control system
meeting the requirements in paragraphs (b)(1) through (3) and (c) of
this section at each MSW landfill meeting the conditions in paragraph
(a) of this section.
    (1) Collection system. Install and start up a collection and
control system that captures the gas generated within the landfill
within 30 months after:
    (i) The first annual report in which the NMOC emission rate equals
or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling
demonstrates that the NMOC emission rate is less than 34 megagrams per
year, as specified in Sec.  60.38f(d)(4); or
    (ii) The first annual NMOC emission rate report for a landfill in
the closed landfill subcategory in which the NMOC emission rate equals
or exceeds 50 megagrams per year, unless Tier 2 or Tier 3 sampling
demonstrates that the NMOC emission rate is less than 50 megagrams per
year, as specified in Sec.  60.38f(d)(4); or
    (iii) The most recent NMOC emission rate report in which the NMOC
emission rate equals or exceeds 34 megagrams per year based on Tier 2,
if the Tier 4 surface emissions monitoring shows a surface methane
emission concentration of 500 parts per million methane or greater as
specified in Sec.  60.38f(d)(4)(iii).
    (2) Active. An active collection system must:
    (i) Be designed to handle the maximum expected gas flow rate from
the entire area of the landfill that warrants control over the intended
use period of the gas control system equipment.
    (ii) Collect gas from each area, cell, or group of cells in the
landfill in which the initial solid waste has been placed for a period
of 5 years or more if active; or 2 years or more if closed or at final
grade.
    (iii) Collect gas at a sufficient extraction rate.
    (iv) Be designed to minimize off-site migration of subsurface gas.
    (3) Passive. A passive collection system must:
    (i) Comply with the provisions specified in paragraphs (b)(2)(i),
(ii), and (iv) of this section.
    (ii) Be installed with liners on the bottom and all sides in all
areas in which gas is to be collected. The liners must be installed as
required under Sec.  258.40 of this chapter.
    (c) Control system. For approval, a state plan must include
provisions for the control of the gas collected from within the
landfill through the use of control devices meeting the following
requirements, except as provided in Sec.  60.24.
    (1) A non-enclosed flare designed and operated in accordance with
the parameters established in Sec.  60.18 except as noted in Sec.
60.37f(d); or
    (2) A control system designed and operated to reduce NMOC by 98
weight percent; or when an enclosed combustion device is used for
control, to either reduce NMOC by 98 weight percent or reduce the
outlet NMOC concentration to less than 20 parts per million by volume,
dry basis as hexane at 3 percent oxygen or less. The reduction
efficiency or concentration in parts per million by volume must be
established by an initial performance test to be completed no later
than 180 days after the initial startup of the approved control system
using the test methods specified in Sec.  60.35f(d). The performance
test is not required for boilers and process heaters with design heat
input capacities equal to or greater than 44 megawatts that burn
landfill gas for compliance with this subpart.
    (i) If a boiler or process heater is used as the control device,
the landfill gas stream must be introduced into the flame zone.
    (ii) The control device must be operated within the parameter
ranges established during the initial or most recent performance test.
The operating parameters to be monitored are specified in Sec.  60.37f.
    (iii) For the closed landfill subcategory, the initial or most
recent performance test conducted to comply with subpart WWW of this
part; 40 CFR part 62, subpart GGG; or a state plan implementing subpart
Cc of this part on or before July 17, 2014 is sufficient for compliance
with this subpart.
    (3) Route the collected gas to a treatment system that processes
the collected gas for subsequent sale or beneficial use such as fuel
for combustion, production of vehicle fuel, production of high-Btu gas
for pipeline injection, or use as a raw material in a chemical
manufacturing process. Venting of treated landfill gas to the ambient
air is not allowed. If the treated landfill gas cannot be routed for
subsequent sale or beneficial use, then the treated landfill gas must
be controlled according to either paragraph (c)(1) or (2) of this
section.
    (4) All emissions from any atmospheric vent from the gas treatment
system are subject to the requirements of paragraph (b) or (c) of this
section. For purposes of this subpart, atmospheric vents located on the
condensate storage tank are not part of the treatment system and are
exempt from the requirements of paragraph (b) or (c) of this section.
    (d) Design capacity. For approval, a state plan must require 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 to
submit an initial design capacity report to the Administrator as
provided in Sec.  60.38f(a). The landfill may calculate design capacity
in either megagrams or cubic meters for comparison with the exemption
values. Any density conversions must be documented and submitted with
the report. Submittal of the initial design capacity report fulfills
the requirements of this subpart except as provided in paragraphs
(d)(1) and (2) of this section.
    (1) The owner or operator must submit an amended design capacity
report as provided in Sec.  60.38f(b).
    Note to paragraph (d)(1): Note that if the design capacity increase
is the result of a modification, as defined in this subpart, that was
commenced after July 17, 2014, then the landfill becomes subject to
subpart XXX of this part instead of this subpart. If the design
capacity increase is the result of a change in operating practices,
density, or some other change that is not a modification as defined in
this subpart, then the landfill remains subject to this subpart.
    (2) When an increase in the maximum design capacity of a landfill
with an initial design capacity less than 2.5 million megagrams or 2.5
million cubic meters results in a revised maximum design capacity equal
to or greater than 2.5 million megagrams and 2.5 million cubic meters,
the owner or operator

must comply with paragraph (e) of this section.
    (e) Emissions. For approval, a state plan must require 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 to
either install a collection and control system as provided in
paragraphs (b) and (c) of this section or calculate an initial NMOC
emission rate for the landfill using the procedures specified in Sec.
60.35f(a). The NMOC emission rate must be recalculated annually, except
as provided in Sec.  60.38f(c)(3).
    (1) If the calculated NMOC emission rate is less than 34 megagrams
per year, the owner or operator must:
    (i) Submit an annual NMOC emission rate report according to Sec.
60.38f(c), except as provided in Sec.  60.38f(c)(3); and
    (ii) Recalculate the NMOC emission rate annually using the
procedures specified in Sec.  60.35f(a) until such time as the
calculated NMOC emission rate is equal to or greater than 34 megagrams
per year, or the landfill is closed.
    (A) If the calculated NMOC emission rate, upon initial calculation
or annual recalculation required in paragraph (e)(1)(ii) of this
section, is equal to or greater than 34 megagrams per year, the owner
or operator must either: Comply with paragraphs (b) and (c) of this
section; calculate NMOC emissions using the next higher tier in Sec.
60.35f; or conduct a surface emission monitoring demonstration using
the procedures specified in Sec.  60.35f(a)(6).
    (B) If the landfill is permanently closed, a closure report must be
submitted to the Administrator as provided in Sec.  60.38f(f), except
for exemption allowed under Sec.  60.31f(e)(4).
    (C) For the closed landfill subcategory, if the most recently
calculated NMOC emission rate is equal to or greater than 50 megagrams
per year, the owner or operator must either: Submit a gas collection
and control system design plan as specified in Sec.  60.38f(d), except
for exemptions allowed under Sec.  60.31f(e)(3), and install a
collection and control system as provided in paragraphs (b) and (c) of
this section; calculate NMOC emissions using the next higher tier in
Sec.  60.35f; or conduct a surface emission monitoring demonstration
using the procedures specified in Sec.  60.35f(a)(6).
    (2) If the calculated NMOC emission rate is equal to or greater
than 34 megagrams per year using Tier 1, 2, or 3 procedures, the owner
or operator must either: submit a collection and control system design
plan prepared by a professional engineer to the Administrator within 1
year as specified in Sec.  60.38f(d), except for exemptions allowed
under Sec.  60.31f(e)(3); calculate NMOC emissions using a higher tier
in Sec.  60.35f; or conduct a surface emission monitoring demonstration
using the procedures specified in Sec.  60.35f(a)(6).
    (3) For the closed landfill subcategory, if the calculated NMOC
emission rate is equal to or greater than 50 megagrams per year using
Tier 1, 2, or 3 procedures, the owner or operator must either: Submit a
collection and control system design plan as specified in Sec.
60.38f(d), except for exemptions allowed under Sec.  60.31f(e)(3);
calculate NMOC emissions using a higher tier in Sec.  60.35f; or
conduct a surface emission monitoring demonstration using the
procedures specified in Sec.  60.35f(a)(6).
    (f) Removal criteria. The collection and control system may be
capped, removed, or decommissioned if the following criteria are met:
    (1) The landfill is a closed landfill (as defined in Sec.  60.41f).
A closure report must be submitted to the Administrator as provided in
Sec.  60.38f(f).
    (2) The collection and control system has been in operation a
minimum of 15 years or the landfill owner or operator demonstrates that
the GCCS will be unable to operate for 15 years due to declining gas
flow.
    (3) Following the procedures specified in Sec.  60.35f(b), the
calculated NMOC emission rate at the landfill is less than 34 megagrams
per year on three successive test dates. The test dates must be no less
than 90 days apart, and no more than 180 days apart.
    (4) For the closed landfill subcategory (as defined in Sec.
60.41), following the procedures specified in Sec.  60.35f(b), the
calculated NMOC emission rate at the landfill is less than 50 megagrams
per year on three successive test dates. The test dates must be no less
than 90 days apart, and no more than 180 days apart.

Sec.  60.34f  Operational standards for collection and control systems.

    For approval, a state plan must include provisions for the
operational standards in this section for an MSW landfill with a gas
collection and control system used to comply with the provisions of
Sec.  60.33f(b) and (c). Each owner or operator of an MSW landfill with
a gas collection and control system used to comply with the provisions
of Sec.  60.33f(b) and (c) must:
    (a) Operate the collection system such that gas is collected from
each area, cell, or group of cells in the MSW landfill in which solid
waste has been in place for:
    (1) Five (5) years or more if active; or
    (2) Two (2) years or more if closed or at final grade.
    (b) Operate the collection system with negative pressure at each
wellhead except under the following conditions:
    (1) A fire or increased well temperature. The owner or operator
must record instances when positive pressure occurs in efforts to avoid
a fire. These records must be submitted with the annual reports as
provided in Sec.  60.38f(h)(1).
    (2) Use of a geomembrane or synthetic cover. The owner or operator
must develop acceptable pressure limits in the design plan.
    (3) A decommissioned well. A well may experience a static positive
pressure after shut down to accommodate for declining flows. All design
changes must be approved by the Administrator as specified in Sec.
60.38f(d).
    (c) Operate each interior wellhead in the collection system with a
landfill gas temperature less than 55 degrees Celsius (131 degrees
Fahrenheit). The owner or operator may establish a higher operating
temperature value at a particular well. A higher operating value
demonstration must be submitted to the Administrator for approval and
must include supporting data demonstrating that the elevated parameter
neither causes fires nor significantly inhibits anaerobic decomposition
by killing methanogens. The demonstration must satisfy both criteria in
order to be approved (i.e., neither causing fires nor killing
methanogens is acceptable).
    (d) Operate the collection system so that the methane concentration
is less than 500 parts per million above background at the surface of
the landfill. To determine if this level is exceeded, the owner or
operator must conduct surface testing using an organic vapor analyzer,
flame ionization detector, or other portable monitor meeting the
specifications provided in Sec.  60.36(d). The owner or operator must
conduct surface testing around the perimeter of the collection area and
along a pattern that traverses the landfill at no more than 30-meter
intervals and where visual observations indicate elevated
concentrations of landfill gas, such as distressed vegetation and
cracks or seeps in the cover and all cover penetrations. Thus, the
owner or operator must monitor any openings that are within an area of
the landfill where waste has been placed and a gas collection system is
required. The owner or operator may establish an alternative traversing
pattern that ensures equivalent coverage. A surface monitoring design
plan must be developed that includes a topographical map with the
monitoring route and the

rationale for any site-specific deviations from the 30-meter intervals.
Areas with steep slopes or other dangerous areas may be excluded from
the surface testing.
    (e) Operate the system such that all collected gases are vented to
a control system designed and operated in compliance with Sec.
60.33f(c). In the event the collection or control system is not
operating, the gas mover system must be shut down and all valves in the
collection and control system contributing to venting of the gas to the
atmosphere must be closed within 1 hour of the collection or control
system not operating.
    (f) Operate the control system at all times when the collected gas
is routed to the system.
    (g) If monitoring demonstrates that the operational requirements in
paragraph (b), (c), or (d) of this section are not met, corrective
action must be taken as specified in Sec.  60.36f(a)(3) and (5) or (c).
If corrective actions are taken as specified in Sec.  60.36f, the
monitored exceedance is not a violation of the operational requirements
in this section.

Sec.  60.35f  Test methods and procedures.

    For approval, a state plan must include provisions in this section
to calculate the landfill NMOC emission rate or to conduct a surface
emission monitoring demonstration.
    (a)(1) NMOC Emission Rate. The landfill owner or operator must
calculate the NMOC emission rate using either Equation 1 provided in
paragraph (a)(1)(i) of this section or Equation 2 provided in paragraph
(a)(1)(ii) of this section. Both Equation 1 and Equation 2 may be used
if the actual year-to-year solid waste acceptance rate is known, as
specified in paragraph (a)(1)(i) of this section, for part of the life
of the landfill and the actual year-to-year solid waste acceptance rate
is unknown, as specified in paragraph (a)(1)(ii) of this section, for
part of the life of the landfill. The values to be used in both
Equation 1 and Equation 2 are 0.05 per year for k, 170 cubic meters per
megagram for Lo, and 4,000 parts per million by volume as hexane for
the CNMOC. For landfills located in geographical areas with
a 30-year annual average precipitation of less than 25 inches, as
measured at the nearest representative official meteorologic site, the
k value to be used is 0.02 per year.
    (i)(A) Equation 1 must be used if the actual year-to-year solid
waste acceptance rate is known.
[GRAPHIC] [TIFF OMITTED] TR29AU16.000

Where:

MNMOC = Total NMOC emission rate from the landfill,
megagrams per year.
k = Methane generation rate constant, year-\1\.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
Mi = Mass of solid waste in the i\th\ section, megagrams.
ti = Age of the i\th\ section, years.
CNMOC = Concentration of NMOC, parts per million by
volume as hexane.
3.6 x 10-\9\ = Conversion factor.

    (B) The mass of nondegradable solid waste may be subtracted from
the total mass of solid waste in a particular section of the landfill
when calculating the value for Mi if documentation of the
nature and amount of such wastes is maintained.
    (ii)(A) Equation 2 must be used if the actual year-to-year solid
waste acceptance rate is unknown.

[GRAPHIC] [TIFF OMITTED] TR29AU16.001

Where:

MNMOC = Mass emission rate of NMOC, megagrams per year.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
R = Average annual acceptance rate, megagrams per year.
k = Methane generation rate constant, year -\1\.
t = Age of landfill, years.
CNMOC = Concentration of NMOC, parts per million by
volume as hexane.
c = Time since closure, years; for an active landfill c = 0 and
e-\kc\ = 1.
3.6 x 10-\9\ = Conversion factor.

    (B) The mass of nondegradable solid waste may be subtracted from
the total mass of solid waste in a particular section of the landfill
when calculating the value of R, if documentation of the nature and
amount of such wastes is maintained.
    (2) Tier 1. The owner or operator must compare the calculated NMOC
mass emission rate to the standard of 34 megagrams per year.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of
this section is less than 34 megagrams per year, then the owner or
operator must submit an NMOC emission rate report according to Sec.
60.38f(c), and must recalculate the NMOC mass emission rate annually as
required under Sec.  60.33f(e).
    (ii) If the NMOC emission rate calculated in paragraph (a)(1) of
this section is equal to or greater than 34 megagrams per year, then
the landfill owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1
year as specified in Sec.  60.38f(d) and install and operate a gas
collection and control system within 30 months according to Sec.
60.33f(b) and (c);
    (B) Determine a site-specific NMOC concentration and recalculate
the NMOC emission rate using the Tier 2 procedures provided in
paragraph (a)(3) of this section; or
    (C) Determine a site-specific methane generation rate constant and
recalculate the NMOC emission rate using the Tier 3 procedures provided
in paragraph (a)(4) of this section.
    (3) Tier 2. The landfill owner or operator must determine the site-
specific NMOC concentration using the following sampling procedure. The
landfill owner or operator must install at least two sample probes per
hectare, evenly distributed over the landfill surface that has retained
waste for at least 2 years. If the landfill is larger than 25 hectares
in area, only 50 samples are required. The probes should be evenly
distributed across the sample area. The sample probes should be located
to avoid known areas of nondegradable solid waste. The owner or
operator must collect and analyze one sample of landfill gas from each
probe to determine the NMOC concentration using Method 25 or 25C of
appendix A of this part. Taking composite samples from different probes
into a single cylinder is allowed; however, equal sample volumes must
be taken from each probe. For each composite, the sampling rate,
collection times, beginning and ending cylinder vacuums, or alternative
volume measurements must be recorded to verify that composite volumes
are equal. Composite sample volumes should not be less than one liter
unless evidence can be provided to substantiate the

accuracy of smaller volumes. Terminate compositing before the cylinder
approaches ambient pressure where measurement accuracy diminishes. If
more than the required number of samples is taken, all samples must be
used in the analysis. The landfill owner or operator must divide the
NMOC concentration from Method 25 or 25C by six to convert from
CNMOC as carbon to CNMOC as hexane. If the
landfill has an active or passive gas removal system in place, Method
25 or 25C samples may be collected from these systems instead of
surface probes provided the removal system can be shown to provide
sampling as representative as the two sampling probe per hectare
requirement. For active collection systems, samples may be collected
from the common header pipe. The sample location on the common header
pipe must be before any gas moving, condensate removal, or treatment
system equipment. For active collection systems, a minimum of three
samples must be collected from the header pipe.
    (i) Within 60 days after the date of determining the NMOC
concentration and corresponding NMOC emission rate, the owner or
operator must submit the results according to Sec.  60.38f(j)(2).
    (ii) The landfill owner or operator must recalculate the NMOC mass
emission rate using Equation 1 or Equation 2 provided in paragraph
(a)(1)(i) or (ii) of this section using the average site-specific NMOC
concentration from the collected samples instead of the default value
provided in paragraph (a)(1) of this section.
    (iii) If the resulting NMOC mass emission rate is less than 34
megagrams per year, then the owner or operator must submit a periodic
estimate of NMOC emissions in an NMOC emission rate report according to
Sec.  60.38f(c), and must recalculate the NMOC mass emission rate
annually as required under Sec.  60.33f(e). The site-specific NMOC
concentration must be retested every 5 years using the methods
specified in this section.
    (iv) If the NMOC mass emission rate as calculated using the Tier 2
site-specific NMOC concentration is equal to or greater than 34
megagrams per year, the owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1
year as specified in Sec.  60.38f(d) and install and operate a gas
collection and control system within 30 months according to Sec.
60.33f(b) and (c);
    (B) Determine a site-specific methane generation rate constant and
recalculate the NMOC emission rate using the site-specific methane
generation rate using the Tier 3 procedures specified in paragraph
(a)(4) of this section; or
    (C) Conduct a surface emission monitoring demonstration using the
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (4) Tier 3. The site-specific methane generation rate constant must
be determined using the procedures provided in Method 2E of appendix A
of this part. The landfill owner or operator must estimate the NMOC
mass emission rate using Equation 1 or Equation 2 in paragraph
(a)(1)(i) or (ii) of this section and using a site-specific methane
generation rate constant, and the site-specific NMOC concentration as
determined in paragraph (a)(3) of this section instead of the default
values provided in paragraph (a)(1) of this section. The landfill owner
or operator must compare the resulting NMOC mass emission rate to the
standard of 34 megagrams per year.
    (i) If the NMOC mass emission rate as calculated using the Tier 2
site-specific NMOC concentration and Tier 3 site-specific methane
generation rate is equal to or greater than 34 megagrams per year, the
owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1
year as specified in Sec.  60.38f(d) and install and operate a gas
collection and control system within 30 months according to Sec.
60.33f(b) and (c); or
    (B) Conduct a surface emission monitoring demonstration using the
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (ii) If the NMOC mass emission rate is less than 34 megagrams per
year, then the owner or operator must recalculate the NMOC mass
emission rate annually using Equation 1 or Equation 2 in paragraph
(a)(1) of this section and using the site-specific Tier 2 NMOC
concentration and Tier 3 methane generation rate constant and submit a
periodic NMOC emission rate report as provided in Sec.  60.38f(c). The
calculation of the methane generation rate constant is performed only
once, and the value obtained from this test must be used in all
subsequent annual NMOC emission rate calculations.
    (5) Other methods. The owner or operator may use other methods to
determine the NMOC concentration or a site-specific methane generation
rate constant as an alternative to the methods required in paragraphs
(a)(3) and (4) of this section if the method has been approved by the
Administrator.
    (6) Tier 4. The landfill owner or operator must demonstrate that
surface methane emissions are below 500 parts per million. Surface
emission monitoring must be conducted on a quarterly basis using the
following procedures. Tier 4 is allowed only if the landfill owner or
operator can demonstrate that NMOC emissions are greater than or equal
to 34 Mg/yr but less than 50 Mg/yr using Tier 1 or Tier 2. If both Tier
1 and Tier 2 indicate NMOC emissions are 50 Mg/yr or greater, then Tier
4 cannot be used. In addition, the landfill must meet the criteria in
paragraph (a)(6)(viii) of this section.
    (i) The owner or operator must measure surface concentrations of
methane along the entire perimeter of the landfill and along a pattern
that traverses the landfill at no more than 30-meter intervals using an
organic vapor analyzer, flame ionization detector, or other portable
monitor meeting the specifications provided in Sec.  60.36f(d).
    (ii) The background concentration must be determined by moving the
probe inlet upwind and downwind at least 30 meters from the waste mass
boundary of the landfill.
    (iii) Surface emission monitoring must be performed in accordance
with section 8.3.1 of Method 21 of appendix A of this part, except that
the probe inlet must be placed no more than 5 centimeters above the
landfill surface; the constant measurement of distance above the
surface should be based on a mechanical device such as with a wheel on
a pole.
    (A) The owner or operator must use a wind barrier, similar to a
funnel, when onsite average wind speed exceeds 4 miles per hour or 2
meters per second or gust exceeding 10 miles per hour. Average on-site
wind speed must also be determined in an open area at 5-minute
intervals using an on-site anemometer with a continuous recorder and
data logger for the entire duration of the monitoring event. The wind
barrier must surround the SEM monitor, and must be placed on the
ground, to ensure wind turbulence is blocked. SEM cannot be conducted
if average wind speed exceeds 25 miles per hour.
    (B) Landfill surface areas where visual observations indicate
elevated concentrations of landfill gas, such as distressed vegetation
and cracks or seeps in the cover, and all cover penetrations must also
be monitored using a device meeting the specifications provided in
Sec.  60.36f(d).
    (iv) Each owner or operator seeking to comply with the Tier 4
provisions in paragraph (a)(6) of this section must maintain records of
surface emission monitoring as provided in Sec.  60.39f(g) and submit a
Tier 4 surface emissions report as provided in Sec.  60.38f(d)(4)(iii).

    (v) If there is any measured concentration of methane of 500 parts
per million or greater from the surface of the landfill, the owner or
operator must submit a gas collection and control system design plan
within 1 year of the first measured concentration of methane of 500
parts per million or greater from the surface of the landfill according
to Sec.  60.38f(d) and install and operate a gas collection and control
system according to Sec.  60.33f(b) and (c) within 30 months of the
most recent NMOC emission rate report in which the NMOC emission rate
equals or exceeds 34 megagrams per year based on Tier 2.
    (vi) If after four consecutive quarterly monitoring periods at a
landfill, other than a closed landfill, there is no measured
concentration of methane of 500 parts per million or greater from the
surface of the landfill, the owner or operator must continue quarterly
surface emission monitoring using the methods specified in this
section.
    (vii) If after four consecutive quarterly monitoring periods at a
closed landfill there is no measured concentration of methane of 500
parts per million or greater from the surface of the landfill, the
owner or operator must conduct annual surface emission monitoring using
the methods specified in this section.
    (viii) If a landfill has installed and operates a collection and
control system that is not required by this subpart, then the
collection and control system must meet the following criteria:
    (A) The gas collection and control system must have operated for at
least 6,570 out of 8,760 hours preceding the Tier 4 surface emissions
monitoring demonstration.
    (B) During the Tier 4 surface emissions monitoring demonstration,
the gas collection and control system must operate as it normally would
to collect and control as much landfill gas as possible.
    (b) After the installation and startup of a collection and control
system in compliance with this subpart, the owner or operator must
calculate the NMOC emission rate for purposes of determining when the
system can be capped, removed, or decommissioned as provided in Sec.
60.33f(f), using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR29AU16.002

Where:

MNMOC = Mass emission rate of NMOC, megagrams per year.
QLFG = Flow rate of landfill gas, cubic meters per
minute.
CNMOC = NMOC concentration, parts per million by volume
as hexane.

    (1) The flow rate of landfill gas, QLFG, must be
determined by measuring the total landfill gas flow rate at the common
header pipe that leads to the control system using a gas flow measuring
device calibrated according to the provisions of section 10 of Method
2E of appendix A of this part.
    (2) The average NMOC concentration, CNMOC, must be
determined by collecting and analyzing landfill gas sampled from the
common header pipe before the gas moving or condensate removal
equipment using the procedures in Method 25 or Method 25C of appendix A
of this part. The sample location on the common header pipe must be
before any condensate removal or other gas refining units. The landfill
owner or operator must divide the NMOC concentration from Method 25 or
Method 25C by six to convert from CNMOC as carbon to
CNMOC as hexane.
    (3) The owner or operator may use another method to determine
landfill gas flow rate and NMOC concentration if the method has been
approved by the Administrator.
    (i) Within 60 days after the date of calculating the NMOC emission
rate for purposes of determining when the system can be capped or
removed, the owner or operator must submit the results according to
Sec.  60.38f(j)(2).
    (ii) [Reserved]
    (c) When calculating emissions for Prevention of Significant
Deterioration purposes, the owner or operator of each MSW landfill
subject to the provisions of this subpart must estimate the NMOC
emission rate for comparison to the Prevention of Significant
Deterioration major source and significance levels in Sec.  51.166 or
Sec.  52.21 of this chapter using Compilation of Air Pollutant Emission
Factors, Volume I: Stationary Point and Area Sources (AP-42) or other
approved measurement procedures.
    (d) For the performance test required in Sec.  60.33f(c)(1), the
net heating value of the combusted landfill gas as determined in Sec.
60.18(f)(3) is calculated from the concentration of methane in the
landfill gas as measured by Method 3C. A minimum of three 30-minute
Method 3C samples are determined. The measurement of other organic
components, hydrogen, and carbon monoxide is not applicable. Method 3C
may be used to determine the landfill gas molecular weight for
calculating the flare gas exit velocity under Sec.  60.18(f)(4).
    (1) Within 60 days after the date of completing each performance
test (as defined in Sec.  60.8), the owner or operator must submit the
results of the performance tests required by paragraph (b) or (d) of
this section, including any associated fuel analyses, according to
Sec.  60.38f(j)(1).
    (2) [Reserved]
    (e) For the performance test required in Sec.  60.33f(c)(2), Method
25 or 25C (Method 25C may be used at the inlet only) of appendix A of
this part must be used to determine compliance with the 98 weight-
percent efficiency or the 20 parts per million by volume outlet NMOC
concentration level, unless another method to demonstrate compliance
has been approved by the Administrator as provided by Sec.
60.38f(d)(2). Method 3, 3A, or 3C must be used to determine oxygen for
correcting the NMOC concentration as hexane to 3 percent. In cases
where the outlet concentration is less than 50 ppm NMOC as carbon (8
ppm NMOC as hexane), Method 25A should be used in place of Method 25.
Method 18 may be used in conjunction with Method 25A on a limited basis
(compound specific, e.g., methane) or Method 3C may be used to
determine methane. The methane as carbon should be subtracted from the
Method 25A total hydrocarbon value as carbon to give NMOC concentration
as carbon. The landfill owner or operator must divide the NMOC
concentration as carbon by 6 to convert the CNMOC as carbon
to CNMOC as hexane. Equation 4 must be used to calculate
efficiency:
[GRAPHIC] [TIFF OMITTED] TR29AU16.003

Where:

NMOCin = Mass of NMOC entering control device.
NMOCout = Mass of NMOC exiting control device.
    (1) Within 60 days after the date of completing each performance
test (as defined in Sec.  60.8), the owner or operator must submit the
results of the performance tests, including any associated fuel
analyses, according to Sec.  60.38f(j)(1).
    (2) [Reserved]

Sec.  60.36f  Compliance provisions.

    For approval, a state plan must include the compliance provisions
in this section.
    (a) Except as provided in Sec.  60.38f(d)(2), the specified methods
in paragraphs (a)(1) through (6) of this section must be used to
determine whether the gas collection system is in compliance with Sec.
60.33f(b)(2).
    (1) For the purposes of calculating the maximum expected gas
generation flow rate from the landfill to determine compliance with
Sec.  60.33f(b)(2)(i), either Equation 5 or Equation 6 in paragraph
(a)(1)(i) or (ii) of this section must be used. The methane generation
rate constant (k) and methane generation potential (Lo)
kinetic factors should be those published in the most recent AP-42 or
other site-specific values demonstrated to be appropriate and approved
by the Administrator. If k has been determined as specified in Sec.
60.35f(a)(4), the value of k determined from the test must be used. A
value of no more than 15 years must be used for the intended use period
of the gas mover equipment. The active life of the landfill is the age
of the landfill plus the estimated number of years until closure.
    (i) For sites with unknown year-to-year solid waste acceptance
rate:
[GRAPHIC] [TIFF OMITTED] TR29AU16.004

Where:

Qm = Maximum expected gas generation flow rate, cubic
meters per year.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
R = Average annual acceptance rate, megagrams per year.
k = Methane generation rate constant, year-\1\.
t = Age of the landfill at equipment installation plus the time the
owner or operator intends to use the gas mover equipment or active
life of the landfill, whichever is less. If the equipment is
installed after closure, t is the age of the landfill at
installation, years.
c = Time since closure, years (for an active landfill c = 0 and
e-\kc\ = 1).

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR29AU16.005

Where:

QM = Maximum expected gas generation flow rate, cubic
meters per year.
k = Methane generation rate constant, year-\1\.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
Mi = Mass of solid waste in the i\th\ section, megagrams.
ti = Age of the i\th\ section, years.
    (iii) If a collection and control system has been installed, actual
flow data may be used to project the maximum expected gas generation
flow rate instead of, or in conjunction with, Equation 5 or Equation 6
in paragraph (a)(1)(i) or (ii) of this section. If the landfill is
still accepting waste, the actual measured flow data will not equal the
maximum expected gas generation rate, so calculations using Equation 5
or Equation 6 or other methods must be used to predict the maximum
expected gas generation rate over the intended period of use of the gas
control system equipment.
    (2) For the purposes of determining sufficient density of gas
collectors for compliance with Sec.  60.33f(b)(2)(ii), the owner or
operator must design a system of vertical wells, horizontal collectors,
or other collection devices, satisfactory to the Administrator, capable
of controlling and extracting gas from all portions of the landfill
sufficient to meet all operational and performance standards.
    (3) For the purpose of demonstrating whether the gas collection
system flow rate is sufficient to determine compliance with Sec.
60.33f(b)(2)(iii), the owner or operator must measure gauge pressure in
the gas collection header applied to each individual well monthly. If a
positive pressure exists, action must be initiated to correct the
exceedance within 5 calendar days, except for the three conditions
allowed under Sec.  60.34f(b). Any attempted corrective measure must
not cause exceedances of other operational or performance standards.
    (i) If negative pressure cannot be achieved without excess air
infiltration within 15 calendar days of the first measurement of
positive pressure, the owner or operator must conduct a root cause
analysis and correct the exceedance as soon as practicable, but not
later than 60 days after positive pressure was first measured. The
owner or operator must keep records according to Sec.  60.39f(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60
days following the positive pressure measurement for which the root
cause analysis was required, the owner or operator must also conduct a
corrective action analysis and develop an implementation schedule to
complete the corrective action(s) as soon as practicable, but no more
than 120 days following the positive pressure measurement. The owner or
operator must submit the items listed in Sec.  60.38f(h)(7) as part of
the next annual report. The owner or operator must keep records
according to Sec.  60.39f(e)(4).
    (iii) If corrective action is expected to take longer than 120 days
to complete after the initial exceedance, the owner or operator must
submit the root cause analysis, corrective action analysis, and
corresponding implementation timeline to the Administrator, according
to Sec.  60.38f(h)(7) and (k). The owner or operator must keep records
according to Sec.  60.39f(e)(5).
    (4) [Reserved]
    (5) For the purpose of identifying whether excess air infiltration
into the landfill is occurring, the owner or operator must monitor each
well monthly for temperature as provided in Sec.  60.34f(c). If a well
exceeds the operating parameter for temperature, action must be
initiated to correct the exceedance within 5 calendar days. Any
attempted corrective measure must not

cause exceedances of other operational or performance standards.
    (i) If a landfill gas temperature less than 55 degrees Celsius (131
degrees Fahrenheit) cannot be achieved within 15 calendar days of the
first measurement of landfill gas temperature greater than 55 degrees
Celsius (131 degrees Fahrenheit), the owner or operator must conduct a
root cause analysis and correct the exceedance as soon as practicable,
but no later than 60 days after a landfill gas temperature greater than
55 degrees Celsius (131 degrees Fahrenheit) was first measured. The
owner or operator must keep records according to Sec.  60.39f(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60
days following the positive pressure measurement for which the root
cause analysis was required, the owner or operator must also conduct a
corrective action analysis and develop an implementation schedule to
complete the corrective action(s) as soon as practicable, but no more
than 120 days following the measurement of landfill gas temperature
greater than 55 degrees Celsius (131 degrees Fahrenheit). The owner or
operator must submit the items listed in Sec.  60.38f(h)(7) as part of
the next annual report. The owner or operator must keep records
according to Sec.  60.39f(e)(4).
    (iii) If corrective action is expected to take longer than 120 days
to complete after the initial exceedance, the owner or operator must
submit the root cause analysis, corrective action analysis, and
corresponding implementation timeline to the Administrator, according
to Sec.  60.38f(h)(7) and (k). The owner or operator must keep records
according to Sec.  60.39f(e)(5).
    (6) An owner or operator seeking to demonstrate compliance with
Sec.  60.33f(b)(2)(iv) through the use of a collection system not
conforming to the specifications provided in Sec.  60.40f must provide
information satisfactory to the Administrator as specified in Sec.
60.38f(d)(3) demonstrating that off-site migration is being controlled.
    (b) For purposes of compliance with Sec.  60.34f(a), each owner or
operator of a controlled landfill must place each well or design
component as specified in the approved design plan as provided in Sec.
60.38f(d). Each well must be installed no later than 60 days after the
date on which the initial solid waste has been in place for a period
of:
    (1) Five (5) years or more if active; or
    (2) Two (2) years or more if closed or at final grade.
    (c) The following procedures must be used for compliance with the
surface methane operational standard as provided in Sec.  60.34f(d):
    (1) After installation and startup of the gas collection system,
the owner or operator must monitor surface concentrations of methane
along the entire perimeter of the collection area and along a pattern
that traverses the landfill at no more than 30-meter intervals (or a
site-specific established spacing) for each collection area on a
quarterly basis using an organic vapor analyzer, flame ionization
detector, or other portable monitor meeting the specifications provided
in paragraph (d) of this section.
    (2) The background concentration must be determined by moving the
probe inlet upwind and downwind outside the boundary of the landfill at
a distance of at least 30 meters from the perimeter wells.
    (3) Surface emission monitoring must be performed in accordance
with section 8.3.1 of Method 21 of appendix A of this part, except that
the probe inlet must be placed within 5 to 10 centimeters of the
ground. Monitoring must be performed during typical meteorological
conditions.
    (4) Any reading of 500 parts per million or more above background
at any location must be recorded as a monitored exceedance and the
actions specified in paragraphs (c)(4)(i) through (v) of this section
must be taken. As long as the specified actions are taken, the
exceedance is not a violation of the operational requirements of Sec.
60.34f(d).
    (i) The location of each monitored exceedance must be marked and
the location and concentration recorded. For location, you must
determine the latitude and longitude coordinates using an instrument
with an accuracy of at least 4 meters. The coordinates must be in
decimal degrees with at least five decimal places.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent
wells to increase the gas collection in the vicinity of each exceedance
must be made and the location must be re-monitored within 10 calendar
days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second
exceedance, additional corrective action must be taken and the location
must be monitored again within 10 days of the second exceedance. If the
re-monitoring shows a third exceedance for the same location, the
action specified in paragraph (c)(4)(v) of this section must be taken,
and no further monitoring of that location is required until the action
specified in paragraph (c)(4)(v) of this section has been taken.
    (iv) Any location that initially showed an exceedance but has a
methane concentration less than 500 parts per million methane above
background at the 10-day re-monitoring specified in paragraph
(c)(4)(ii) or (iii) of this section must be re-monitored 1 month from
the initial exceedance. If the 1-month re-monitoring shows a
concentration less than 500 parts per million above background, no
further monitoring of that location is required until the next
quarterly monitoring period. If the 1-month re-monitoring shows an
exceedance, the actions specified in paragraph (c)(4)(iii) or (v) of
this section must be taken.
    (v) For any location where monitored methane concentration equals
or exceeds 500 parts per million above background three times within a
quarterly period, a new well or other collection device must be
installed within 120 calendar days of the initial exceedance. An
alternative remedy to the exceedance, such as upgrading the blower,
header pipes or control device, and a corresponding timeline for
installation may be submitted to the Administrator for approval.
    (5) The owner or operator must implement a program to monitor for
cover integrity and implement cover repairs as necessary on a monthly
basis.
    (d) Each owner or operator seeking to comply with the provisions in
paragraph (c) of this section or Sec.  60.35f(a)(6) must comply with
the following instrumentation specifications and procedures for surface
emission monitoring devices:
    (1) The portable analyzer must meet the instrument specifications
provided in section 6 of Method 21 of appendix A of this part, except
that ``methane'' replaces all references to ``VOC''.
    (2) The calibration gas must be methane, diluted to a nominal
concentration of 500 parts per million in air.
    (3) To meet the performance evaluation requirements in section 8.1
of Method 21 of appendix A of this part, the instrument evaluation
procedures of section 8.1 of Method 21 must be used.
    (4) The calibration procedures provided in sections 8 and 10 of
Method 21 of appendix A of this part must be followed immediately
before commencing a surface monitoring survey.
    (e) The provisions of this subpart apply at all times, including
periods of startup, shutdown, or malfunction. During periods of
startup, shutdown, and malfunction, you must comply with the work
practice specified in Sec.  60.34f(e) in lieu of the compliance
provisions in Sec.  60.36f.

Sec.  60.37f  Monitoring of operations.

    For approval, a state plan must include the monitoring provisions
in this section, except as provided in Sec.  60.38f(d)(2).
    (a) Each owner or operator seeking to comply with Sec.
60.33f(b)(2) for an active gas collection system must install a
sampling port and a thermometer, other temperature measuring device, or
an access port for temperature measurements at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a
monthly basis as provided in Sec.  60.36f(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on
a monthly basis as follows:
    (i) The nitrogen level must be determined using Method 3C, unless
an alternative test method is established as allowed by Sec.
60.38f(d)(2).
    (ii) Unless an alternative test method is established as allowed by
Sec.  60.38f(d)(2), the oxygen level must be determined by an oxygen
meter using Method 3A, 3C, or ASTM D6522-11 (incorporated by reference,
see Sec.  60.17). Determine the oxygen level by an oxygen meter using
Method 3A, 3C, or ASTM D6522-11 (if sample location is prior to
combustion) except that:
    (A) The span must be set between 10 and 12 percent oxygen;
    (B) A data recorder is not required;
    (C) Only two calibration gases are required, a zero and span;
    (D) A calibration error check is not required; and
    (E) The allowable sample bias, zero drift, and calibration drift
are 10 percent.
    (iii) A portable gas composition analyzer may be used to monitor
the oxygen levels provided:
    (A) The analyzer is calibrated; and
    (B) The analyzer meets all quality assurance and quality control
requirements for Method 3A or ASTM D6522-11 (incorporated by reference,
see Sec.  60.17).
    (3) Monitor temperature of the landfill gas on a monthly basis as
provided in Sec.  60.36f(a)(5). The temperature measuring device must
be calibrated annually using the procedure in this part 60, appendix A-
1, Method 2, Section 10.3.
    (b) Each owner or operator seeking to comply with Sec.  60.33f(c)
using an enclosed combustor must calibrate, maintain, and operate
according to the manufacturer's specifications, the following
equipment:
    (1) A temperature monitoring device equipped with a continuous
recorder and having a minimum accuracy of 1 percent of the
temperature being measured expressed in degrees Celsius or 0.5 degrees Celsius, whichever is greater. A temperature
monitoring device is not required for boilers or process heaters with
design heat input capacity equal to or greater than 44 megawatts.
    (2) A device that records flow to the control device and bypass of
the control device (if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring
device that must record the flow to the control device at least every
15 minutes; and
    (ii) Secure the bypass line valve in the closed position with a
car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism must be performed at least once every
month to ensure that the valve is maintained in the closed position and
that the gas flow is not diverted through the bypass line.
    (c) Each owner or operator seeking to comply with Sec.  60.33f(c)
using a non-enclosed flare must install, calibrate, maintain, and
operate according to the manufacturer's specifications the following
equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or
thermocouple, at the pilot light or the flame itself to indicate the
continuous presence of a flame.
    (2) A device that records flow to the flare and bypass of the flare
(if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring
device that records the flow to the control device at least every 15
minutes; and
    (ii) Secure the bypass line valve in the closed position with a
car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism must be performed at least once every
month to ensure that the valve is maintained in the closed position and
that the gas flow is not diverted through the bypass line.
    (d) Each owner or operator seeking to demonstrate compliance with
Sec.  60.33f(c) using a device other than a non-enclosed flare or an
enclosed combustor or a treatment system must provide information
satisfactory to the Administrator as provided in Sec.  60.38f(d)(2)
describing the operation of the control device, the operating
parameters that would indicate proper performance, and appropriate
monitoring procedures. The Administrator must review the information
and either approve it, or request that additional information be
submitted. The Administrator may specify additional appropriate
monitoring procedures.
    (e) Each owner or operator seeking to install a collection system
that does not meet the specifications in Sec.  60.40f or seeking to
monitor alternative parameters to those required by Sec. Sec.  60.34f
through 60.37f must provide information satisfactory to the
Administrator as provided in Sec.  60.38f(d)(2) and (3) describing the
design and operation of the collection system, the operating parameters
that would indicate proper performance, and appropriate monitoring
procedures. The Administrator may specify additional appropriate
monitoring procedures.
    (f) Each owner or operator seeking to demonstrate compliance with
the 500 parts per million surface methane operational standard in Sec.
60.34f(d) must monitor surface concentrations of methane according to
the procedures provided in Sec.  60.36f(c) and the instrument
specifications in Sec.  60.36f(d). Any closed landfill that has no
monitored exceedances of the operational standard in three consecutive
quarterly monitoring periods may skip to annual monitoring. Any methane
reading of 500 parts per million or more above background detected
during the annual monitoring returns the frequency for that landfill to
quarterly monitoring.
    (g) Each owner or operator seeking to demonstrate compliance with
the control system requirements in Sec.  60.33f(c) using a landfill gas
treatment system must maintain and operate all monitoring systems
associated with the treatment system in accordance with the site-
specific treatment system monitoring plan required in Sec.
60.39f(b)(5)(ii) and must calibrate, maintain, and operate according to
the manufacturer's specifications a device that records flow to the
treatment system and bypass of the treatment system (if applicable).
The owner or operator must:
    (1) Install, calibrate, and maintain a gas flow rate measuring
device that records the flow to the treatment system at least every 15
minutes; and
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the
seal or closure mechanism must be performed at least once every month
to ensure that the valve is maintained in the closed position and that
the gas flow is not diverted through the bypass line.
    (h) The monitoring requirements of paragraphs (b), (c) (d) and (g)
of this section apply at all times the affected source is operating,
except for periods of monitoring system malfunctions, repairs
associated with monitoring system malfunctions, and required monitoring

system quality assurance or quality control activities. A monitoring
system malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring system to provide valid data.
Monitoring system failures that are caused in part by poor maintenance
or careless operation are not malfunctions. You are required to
complete monitoring system repairs in response to monitoring system
malfunctions and to return the monitoring system to operation as
expeditiously as practicable.

Sec.  60.38f  Reporting guidelines.

    For approval, a state plan must include the reporting provisions
listed in this section, as applicable, except as provided under
Sec. Sec.  60.24 and 60.38f(d)(2).
    (a) Design capacity report. For existing MSW landfills subject to
this subpart, the initial design capacity report must be submitted no
later than 90 days after the effective date of EPA approval of the
state's plan under section 111(d) of the Clean Air Act. The initial
design capacity report must contain the following information:
    (1) A map or plot of the landfill, providing the size and location
of the landfill, and identifying all areas where solid waste may be
landfilled according to the permit issued by the state, local, or
tribal agency responsible for regulating the landfill.
    (2) The maximum design capacity of the landfill. Where the maximum
design capacity is specified in the permit issued by the state, local,
or tribal agency responsible for regulating the landfill, a copy of the
permit specifying the maximum design capacity may be submitted as part
of the report. If the maximum design capacity of the landfill is not
specified in the permit, the maximum design capacity must be calculated
using good engineering practices. The calculations must be provided,
along with the relevant parameters as part of the report. The landfill
may calculate design capacity in either megagrams or cubic meters for
comparison with the exemption values. If the owner or operator chooses
to convert the design capacity from volume to mass or from mass to
volume to demonstrate its design capacity is less than 2.5 million
megagrams or 2.5 million cubic meters, the calculation must include a
site-specific density, which must be recalculated annually. Any density
conversions must be documented and submitted with the design capacity
report. The state, local, or tribal agency or the Administrator may
request other reasonable information as may be necessary to verify the
maximum design capacity of the landfill.
    (b) Amended design capacity report. An amended design capacity
report must be submitted providing notification of an increase in the
design capacity of the landfill, within 90 days of an increase in the
maximum design capacity of the landfill to meet or exceed 2.5 million
megagrams and 2.5 million cubic meters. This increase in design
capacity may result from an increase in the permitted volume of the
landfill or an increase in the density as documented in the annual
recalculation required in Sec.  60.39f(f).
    (c) NMOC emission rate report. For existing MSW landfills covered
by this subpart with a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters, the NMOC emission rate
report must be submitted following the procedure specified in paragraph
(j)(2) of this section no later than 90 days after the effective date
of EPA approval of the state's plan under section 111(d) of the Clean
Air Act. The NMOC emission rate report must be submitted to the
Administrator annually following the procedure specified in paragraph
(j)(2) of this section, except as provided for in paragraph (c)(3) of
this section. The Administrator may request such additional information
as may be necessary to verify the reported NMOC emission rate.
    (1) The NMOC emission rate report must contain an annual or 5-year
estimate of the NMOC emission rate calculated using the formula and
procedures provided in Sec.  60.35f(a) or (b), as applicable.
    (2) The NMOC emission rate report must include all the data,
calculations, sample reports and measurements used to estimate the
annual or 5-year emissions.
    (3) If the estimated NMOC emission rate as reported in the annual
report to the Administrator is less than 34 megagrams per year in each
of the next 5 consecutive years, the owner or operator may elect to
submit, following the procedure specified in paragraph (j)(2) of this
section, an estimate of the NMOC emission rate for the next 5-year
period in lieu of the annual report. This estimate must include the
current amount of solid waste-in-place and the estimated waste
acceptance rate for each year of the 5 years for which an NMOC emission
rate is estimated. All data and calculations upon which this estimate
is based must be provided to the Administrator. This estimate must be
revised at least once every 5 years. If the actual waste acceptance
rate exceeds the estimated waste acceptance rate in any year reported
in the 5-year estimate, a revised 5-year estimate must be submitted to
the Administrator. The revised estimate must cover the 5-year period
beginning with the year in which the actual waste acceptance rate
exceeded the estimated waste acceptance rate.
    (4) Each owner or operator subject to the requirements of this
subpart is exempted from the requirements to submit an NMOC emission
rate report, after installing a collection and control system that
complies with Sec.  60.33f(b) and (c), during such time as the
collection and control system is in operation and in compliance with
Sec. Sec.  60.34f and 60.36f.
    (d) Collection and control system design plan. The state plan must
include a process for state review and approval of the site-specific
design plan for each gas collection and control system. The collection
and control system design plan must be prepared and approved by a
professional engineer and must meet the following requirements:
    (1) The collection and control system as described in the design
plan must meet the design requirements in Sec.  60.33f(b) and (c).
    (2) The collection and control system design plan must include any
alternatives to the operational standards, test methods, procedures,
compliance measures, monitoring, recordkeeping, or reporting provisions
of Sec. Sec.  60.34f through 60.39f proposed by the owner or operator.
    (3) The collection and control system design plan must either
conform to specifications for active collection systems in Sec.  60.40f
or include a demonstration to the Administrator's satisfaction of the
sufficiency of the alternative provisions to Sec.  60.40f.
    (4) Each owner or operator of an MSW landfill having a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters must submit a copy of the collection and control system
design plan cover page that contains the engineer's seal to the
Administrator within 1 year of the first NMOC emission rate report in
which the NMOC emission rate equals or exceeds 34 megagrams per year,
except as follows:
    (i) If the owner or operator elects to recalculate the NMOC
emission rate after Tier 2 NMOC sampling and analysis as provided in
Sec.  60.35f(a)(3) and the resulting rate is less than 34 megagrams per
year, annual periodic reporting must be resumed, using the Tier 2
determined site-specific NMOC concentration, until the calculated NMOC
emission rate is equal to or greater than 34 megagrams per year or

the landfill is closed. The revised NMOC emission rate report, with the
recalculated NMOC emission rate based on NMOC sampling and analysis,
must be submitted, following the procedures in paragraph (j)(2) of this
section, within 180 days of the first calculated exceedance of 34
megagrams per year.
    (ii) If the owner or operator elects to recalculate the NMOC
emission rate after determining a site-specific methane generation rate
constant k, as provided in Tier 3 in Sec.  60.35f(a)(4), and the
resulting NMOC emission rate is less than 34 megagrams per year, annual
periodic reporting must be resumed. The resulting site-specific methane
generation rate constant k must be used in the NMOC emission rate
calculation until such time as the emissions rate calculation results
in an exceedance. The revised NMOC emission rate report based on the
provisions of Sec.  60.35f(a)(4) and the resulting site-specific
methane generation rate constant k must be submitted, following the
procedure specified in paragraph (j)(2) of this section, to the
Administrator within 1 year of the first calculated NMOC emission rate
equaling or exceeding 34 megagrams per year.
    (iii) If the owner or operator elects to demonstrate that site-
specific surface methane emissions are below 500 parts per million
methane, based on the provisions of Sec.  60.35f(a)(6), then the owner
or operator must submit annually a Tier 4 surface emissions report as
specified in this paragraph (d)(4)(iii) following the procedure
specified in paragraph (j)(2) of this section until a surface emissions
readings of 500 parts per million methane or greater is found. If the
Tier 4 surface emissions report shows no surface emissions readings of
500 parts per million methane or greater for four consecutive quarters
at a closed landfill, then the landfill owner or operator may reduce
Tier 4 monitoring from a quarterly to an annual frequency. The
Administrator may request such additional information as may be
necessary to verify the reported instantaneous surface emission
readings. The Tier 4 surface emissions report must clearly identify the
location, date and time (to the nearest second), average wind speeds
including wind gusts, and reading (in parts per million) of any value
500 parts per million methane or greater, other than non-repeatable,
momentary readings. For location, you must determine the latitude and
longitude coordinates using an instrument with an accuracy of at least
4 meters. The coordinates must be in decimal degrees with at least five
decimal places. The Tier 4 surface emission report should also include
the results of the most recent Tier 1 and Tier 2 results in order to
verify that the landfill does not exceed 50 Mg/yr of NMOC.
    (A) The initial Tier 4 surface emissions report must be submitted
annually, starting within 30 days of completing the fourth quarter of
Tier 4 surface emissions monitoring that demonstrates that site-
specific surface methane emissions are below 500 parts per million
methane, and following the procedure specified in paragraph (j)(2) of
this section.
    (B) The Tier 4 surface emissions rate report must be submitted
within 1 year of the first measured surface exceedance of 500 parts per
million methane, following the procedure specified in paragraph (j)(2)
of this section.
    (iv) If the landfill is in the closed landfill subcategory, the
owner or operator must submit a collection and control system design
plan to the Administrator within 1 year of the first NMOC emission rate
report in which the NMOC emission rate equals or exceeds 50 megagrams
per year, except as follows:
    (A) If the owner or operator elects to recalculate the NMOC
emission rate after Tier 2 NMOC sampling and analysis as provided in
Sec.  60.35f(a)(3) and the resulting rate is less than 50 megagrams per
year, annual periodic reporting must be resumed, using the Tier 2
determined site-specific NMOC concentration, until the calculated NMOC
emission rate is equal to or greater than 50 megagrams per year or the
landfill is closed. The revised NMOC emission rate report, with the
recalculated NMOC emission rate based on NMOC sampling and analysis,
must be submitted, following the procedure specified in paragraph
(j)(2) of this section, within 180 days of the first calculated
exceedance of 50 megagrams per year.
    (B) If the owner or operator elects to recalculate the NMOC
emission rate after determining a site-specific methane generation rate
constant k, as provided in Tier 3 in Sec.  60.35f(a)(4), and the
resulting NMOC emission rate is less than 50 megagrams per year, annual
periodic reporting must be resumed. The resulting site-specific methane
generation rate constant k must be used in the NMOC emission rate
calculation until such time as the emissions rate calculation results
in an exceedance. The revised NMOC emission rate report based on the
provisions of Sec.  60.35f(a)(4) and the resulting site-specific
methane generation rate constant k must be submitted, following the
procedure specified in paragraph (j)(2) of this section, to the
Administrator within 1 year of the first calculated NMOC emission rate
equaling or exceeding 50 megagrams per year.
    (C) The landfill owner or operator elects to demonstrate surface
emissions are low, consistent with the provisions in paragraph
(d)(4)(iii) of this section.
    (D) The landfill has already submitted a gas collection and control
system design plan consistent with the provisions of subpart WWW of
this part; 40 CFR part 62, subpart GGG; or a state plan implementing
subpart Cc of this part.
    (5) The landfill owner or operator must notify the Administrator
that the design plan is completed and submit a copy of the plan's
signature page. The Administrator has 90 days to decide whether the
design plan should be submitted for review. If the Administrator
chooses to review the plan, the approval process continues as described
in paragraph (c)(6) of this section. However, if the Administrator
indicates that submission is not required or does not respond within 90
days, the landfill owner or operator can continue to implement the plan
with the recognition that the owner or operator is proceeding at their
own risk. In the event that the design plan is required to be modified
to obtain approval, the owner or operator must take any steps necessary
to conform any prior actions to the approved design plan and any
failure to do so could result in an enforcement action.
    (6) Upon receipt of an initial or revised design plan, the
Administrator must review the information submitted under paragraphs
(d)(1) through (3) of this section and either approve it, disapprove
it, or request that additional information be submitted. Because of the
many site-specific factors involved with landfill gas system design,
alternative systems may be necessary. A wide variety of system designs
are possible, such as vertical wells, combination horizontal and
vertical collection systems, or horizontal trenches only, leachate
collection components, and passive systems. If the Administrator does
not approve or disapprove the design plan, or does not request that
additional information be submitted within 90 days of receipt, then the
owner or operator may continue with implementation of the design plan,
recognizing they would be proceeding at their own risk.
    (7) If the owner or operator chooses to demonstrate compliance with
the emission control requirements of this subpart using a treatment
system as defined in this subpart, then the owner or operator must
prepare a site-specific

treatment system monitoring plan as specified in Sec.  60.39f(b)(5).
    (e) Revised design plan. The owner or operator who has already been
required to submit a design plan under paragraph (d) of this section,
or under subpart WWW of this part; 40 CFR part 62, subpart GGG; or a
state plan implementing subpart Cc of this part, must submit a revised
design plan to the Administrator for approval as follows:
    (1) At least 90 days before expanding operations to an area not
covered by the previously approved design plan.
    (2) Prior to installing or expanding the gas collection system in a
way that is not consistent with the design plan that was submitted to
the Administrator according to paragraph (d) of this section.
    (f) Closure report. Each owner or operator of a controlled landfill
must submit a closure report to the Administrator within 30 days of
ceasing waste acceptance. The Administrator may request additional
information as may be necessary to verify that permanent closure has
taken place in accordance with the requirements of 40 CFR 258.60. If a
closure report has been submitted to the Administrator, no additional
wastes may be placed into the landfill without filing a notification of
modification as described under Sec.  60.7(a)(4).
    (g) Equipment removal report. Each owner or operator of a
controlled landfill must submit an equipment removal report to the
Administrator 30 days prior to removal or cessation of operation of the
control equipment.
    (1) The equipment removal report must contain the following items:
    (i) A copy of the closure report submitted in accordance with
paragraph (f) of this section; and
    (ii) A copy of the initial performance test report demonstrating
that the 15-year minimum control period has expired, unless the report
of the results of the performance test has been submitted to the EPA
via the EPA's CDX, or information that demonstrates that the GCCS will
be unable to operate for 15 years due to declining gas flows. In the
equipment removal report, the process unit(s) tested, the pollutant(s)
tested, and the date that such performance test was conducted may be
submitted in lieu of the performance test report if the report has been
previously submitted to the EPA's CDX; and
    (iii) Dated copies of three successive NMOC emission rate reports
demonstrating that the landfill is no longer producing 34 megagrams or
greater of NMOC per year, unless the NMOC emission rate reports have
been submitted to the EPA via the EPA's CDX. If the NMOC emission rate
reports have been previously submitted to the EPA's CDX, a statement
that the NMOC emission rate reports have been submitted electronically
and the dates that the reports were submitted to the EPA's CDX may be
submitted in the equipment removal report in lieu of the NMOC emission
rate reports; or
    (iv) For the closed landfill subcategory, dated copies of three
successive NMOC emission rate reports demonstrating that the landfill
is no longer producing 50 megagrams or greater of NMOC per year, unless
the NMOC emission rate reports have been submitted to the EPA via the
EPA's CDX. If the NMOC emission rate reports have been previously
submitted to the EPA's CDX, a statement that the NMOC emission rate
reports have been submitted electronically and the dates that the
reports were submitted to the EPA's CDX may be submitted in the
equipment removal report in lieu of the NMOC emission rate reports.
    (2) The Administrator may request such additional information as
may be necessary to verify that all of the conditions for removal in
Sec.  60.33f(f) have been met.
    (h) Annual report. The owner or operator of a landfill seeking to
comply with Sec.  60.33f(e)(2) using an active collection system
designed in accordance with Sec.  60.33f(b) must submit to the
Administrator, following the procedures specified in paragraph (j)(2)
of this section, an annual report of the recorded information in
paragraphs (h)(1) through (7) of this section. The initial annual
report must be submitted within 180 days of installation and startup of
the collection and control system. The initial annual report must
include the initial performance test report required under Sec.  60.8,
as applicable, unless the report of the results of the performance test
has been submitted to the EPA via the EPA's CDX. In the initial annual
report, the process unit(s) tested, the pollutant(s) tested and the
date that such performance test was conducted may be submitted in lieu
of the performance test report if the report has been previously
submitted to the EPA's CDX. The initial performance test report must be
submitted, following the procedure specified in paragraph (j)(1) of
this section, no later than the date that the initial annual report is
submitted. For enclosed combustion devices and flares, reportable
exceedances are defined under Sec.  60.39f(c)(1).
    (1) Value and length of time for exceedance of applicable
parameters monitored under Sec.  60.37f(a)(1), (b), (c), (d), and (g).
    (2) Description and duration of all periods when the gas stream was
diverted from the control device or treatment system through a bypass
line or the indication of bypass flow as specified under Sec.  60.37f.
    (3) Description and duration of all periods when the control device
or treatment system was not operating and length of time the control
device or treatment system was not operating.
    (4) All periods when the collection system was not operating.
    (5) The location of each exceedance of the 500 parts per million
methane concentration as provided in Sec.  60.34f(d) and the
concentration recorded at each location for which an exceedance was
recorded in the previous month. For location, you must determine the
latitude and longitude coordinates using an instrument with an accuracy
of at least 4 meters. The coordinates must be in decimal degrees with
at least five decimal places.
    (6) The date of installation and the location of each well or
collection system expansion added pursuant to Sec.  60.36f(a)(3),
(a)(5), (b), and (c)(4).
    (7) For any corrective action analysis for which corrective actions
are required in Sec.  60.36f(a)(3) or (5) and that take more than 60
days to correct the exceedance, the root cause analysis conducted,
including a description of the recommended corrective action(s), the
date for corrective action(s) already completed following the positive
pressure reading, and, for action(s) not already completed, a schedule
for implementation, including proposed commencement and completion
dates.
    (i) Initial performance test report. Each owner or operator seeking
to comply with Sec.  60.33f(c) must include the following information
with the initial performance test report required under Sec.  60.8:
    (1) A diagram of the collection system showing collection system
positioning including all wells, horizontal collectors, surface
collectors, or other gas extraction devices, including the locations of
any areas excluded from collection and the proposed sites for the
future collection system expansion;
    (2) The data upon which the sufficient density of wells, horizontal
collectors, surface collectors, or other gas extraction devices and the
gas mover equipment sizing are based;
    (3) The documentation of the presence of asbestos or nondegradable
material for each area from which collection wells have been excluded
based on the presence of asbestos or nondegradable material;

    (4) The sum of the gas generation flow rates for all areas from
which collection wells have been excluded based on nonproductivity and
the calculations of gas generation flow rate for each excluded area;
    (5) The provisions for increasing gas mover equipment capacity with
increased gas generation flow rate, if the present gas mover equipment
is inadequate to move the maximum flow rate expected over the life of
the landfill; and
    (6) The provisions for the control of off-site migration.
    (j) Electronic reporting. The owner or operator must submit reports
electronically according to paragraphs (j)(1) and (2) of this section.
    (1) Within 60 days after the date of completing each performance
test (as defined in Sec.  60.8), the owner or operator must submit the
results of each performance test according to the following procedures:
    (i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the
test, you must submit the results of the performance test to the EPA
via the Compliance and Emissions Data Reporting Interface (CEDRI).
CEDRI can be accessed through the EPA's Central Data Exchange (CDX)
(https://cdx.epa.gov/). Performance test data must be submitted in a
file format generated through the use of the EPA's ERT or an
alternative file format consistent with the extensible markup language
(XML) schema listed on the EPA's ERT Web site, once the XML schema is
available. If you claim that some of the performance test information
being submitted is confidential business information (CBI), you must
submit a complete file generated through the use of the EPA's ERT or an
alternate electronic file consistent with the XML schema listed on the
EPA's ERT Web site, including information claimed to be CBI, on a
compact disc, flash drive or other commonly used electronic storage
media to the EPA. The electronic media must be clearly marked as CBI
and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader,
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC
27703. The same ERT or alternate file with the CBI omitted must be
submitted to the EPA via the EPA's CDX as described earlier in this
paragraph (j)(1)(i).
    (ii) For data collected using test methods that are not supported
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Each owner or operator required to submit reports following the
procedure specified in this paragraph must submit reports to the EPA
via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) The owner
or operator must use the appropriate electronic report in CEDRI for
this subpart or an alternate electronic file format consistent with the
XML schema listed on the CEDRI Web site (https://www3.epa.gov/ttn/chief/cedri/index.html). If the reporting form specific to this subpart
is not available in CEDRI at the time that the report is due, the owner
or operator must submit the report to the Administrator at the
appropriate address listed in Sec.  60.4. Once the form has been
available in CEDRI for 90 calendar days, the owner or operator must
begin submitting all subsequent reports via CEDRI. The reports must be
submitted by the deadlines specified in this subpart, regardless of the
method in which the reports are submitted.
    (k) Corrective action and the corresponding timeline. The owner or
operator must submit according to paragraphs (k)(1) and (2) of this
section.
    (1) For corrective action that is required according to Sec.
60.36f(a)(3)(iii) or (a)(5)(iii) and is expected to take longer than
120 days after the initial exceedance to complete, you must submit the
root cause analysis, corrective action analysis, and corresponding
implementation timeline to the Administrator as soon as practicable but
no later than 75 days after the first measurement of positive pressure
or temperature monitoring value of 55 degrees Celsius (131 degrees
Fahrenheit) or above. The Administrator must approve the plan for
corrective action and the corresponding timeline.
    (2) For corrective action that is required according to Sec.
60.36f(a)(3)(iii) or (a)(5)(iii) and is not completed within 60 days
after the initial exceedance, you must submit a notification to the
Administrator as soon as practicable but no later than 75 days after
the first measurement of positive pressure or temperature exceedance.
    (l) Liquids addition. The owner or operator of an affected landfill
with a design capacity equal to or greater than 2.5 million megagrams
and 2.5 million cubic meters that has employed leachate recirculation
or added liquids based on a Research, Development, and Demonstration
permit (issued through Resource Conservation and Recovery Act, subtitle
D, part 258) within the last 10 years must submit to the Administrator,
annually, following the procedure specified in paragraph (j)(2) of this
section, the following information:
    (1) Volume of leachate recirculated (gallons per year) and the
reported basis of those estimates (records or engineering estimates).
    (2) Total volume of all other liquids added (gallons per year) and
the reported basis of those estimates (records or engineering
estimates).
    (3) Surface area (acres) over which the leachate is recirculated
(or otherwise applied).
    (4) Surface area (acres) over which any other liquids are applied.
    (5) The total waste disposed (megagrams) in the areas with
recirculated leachate and/or added liquids based on on-site records to
the extent data are available, or engineering estimates and the
reported basis of those estimates.
    (6) The annual waste acceptance rates (megagrams per year) in the
areas with recirculated leachate and/or added liquids, based on on-site
records to the extent data are available, or engineering estimates.
    (7) The initial report must contain items in paragraph (l)(1)
through (6) of this section per year for the most recent 365 days as
well as for each of the previous 10 years, to the extent historical
data are available in on-site records, and the report must be submitted
no later than:
    (i) September 27, 2017, for landfills that commenced construction,
modification, or reconstruction after July 17, 2014 but before August
29, 2016; or
    (ii) 365 days after the date of commenced construction,
modification, or reconstruction for landfills that commence
construction, modification, or reconstruction after August 29, 2016.
    (8) Subsequent annual reports must contain items in paragraph
(l)(1) through (6) of this section for the 365-day period following the
365-day period included in the previous annual report, and the report
must be submitted no later than 365 days after the date the previous
report was submitted.
    (9) Landfills in the closed landfill subcategory are exempt from
reporting requirements contained in paragraphs (l)(1) through (7) of
this section.
    (10) Landfills may cease annual reporting of items in paragraphs
(l)(1) through (6) of this section once they have submitted the closure
report in Sec.  60.38f(f).
    (m) Tier 4 notification. (1) The owner or operator of an affected
landfill with

a design capacity equal to or greater than 2.5 million megagrams and
2.5 million cubic meters must provide a notification of the date(s)
upon which it intends to demonstrate site-specific surface methane
emissions are below 500 parts per million methane, based on the Tier 4
provisions of Sec.  60.35f(a)(6). The landfill must also include a
description of the wind barrier to be used during the SEM in the
notification. Notification must be postmarked not less than 30 days
prior to such date.
    (2) If there is a delay to the scheduled Tier 4 SEM date due to
weather conditions, including not meeting the wind requirements in
Sec.  60.35f (a)(6)(iii)(A), the owner or operator of a landfill shall
notify the Administrator by email or telephone no later than 48 hours
before any known delay in the original test date, and arrange an
updated date with the Administrator by mutual agreement.

Sec.  60.39f  Recordkeeping guidelines.

    For approval, a state plan must include the recordkeeping
provisions in this section.
    (a) Except as provided in Sec.  60.38f(d)(2), each owner or
operator of an MSW landfill subject to the provisions of Sec.
60.33f(e) must keep for at least 5 years up-to-date, readily
accessible, on-site records of the design capacity report that
triggered Sec.  60.33f(e), the current amount of solid waste in-place,
and the year-by-year waste acceptance rate. Off-site records may be
maintained if they are retrievable within 4 hours. Either paper copy or
electronic formats are acceptable.
    (b) Except as provided in Sec.  60.38f(d)(2), each owner or
operator of a controlled landfill must keep up-to-date, readily
accessible records for the life of the control system equipment of the
data listed in paragraphs (b)(1) through (5) of this section as
measured during the initial performance test or compliance
determination. Records of subsequent tests or monitoring must be
maintained for a minimum of 5 years. Records of the control device