emission rate submitted under previously applicable regulations 40 CFR
part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan
implementing 40 CFR part 60, subpart Cc is equal to or greater than 50
megagrams per year using Tier 1, 2, or 3 procedures, the owner or
operator must either: submit a collection and control system design
plan as specified in Sec.  62.16724(d), except for exemptions allowed
under Sec.  62.16711(g)(3); or calculate NMOC emissions using a higher
tier in Sec.  62.16718.
    (f) Removal criteria. The collection and control system may be
capped, removed, or decommissioned if the following criteria are met:
    (1) The landfill is a closed landfill (as defined in Sec.
62.16730). A closure report must be submitted to the Administrator as
provided in Sec.  62.16724(f).
    (2) The collection and control system has been in operation a
minimum of 15 years or the landfill owner or operator demonstrates that
the gas collection and control system will be unable to operate for 15
years due to declining gas flow.
    (3) Following the procedures specified in Sec.  62.16718(b), the
calculated NMOC emission rate at the landfill is less than 34 megagrams
per year on three successive test dates. The test dates must be no less
than 90 days apart, and no more than 180 days apart.
    (4) For the closed landfill subcategory (as defined in Sec.
62.16730), following the procedures specified in Sec.  62.16718(b), the
calculated NMOC emission rate at the landfill is less than 50 megagrams
per year on three successive test dates. The test dates must be no less
than 90 days apart, and no more than 180 days apart.

Sec.  62.16716  Operational standards for collection and control
systems.

    Each owner or operator must comply with the provisions for the
operational standards in this section (as well as the provisions in
Sec. Sec.  62.16720 and 62.16722), or the operational standards in
Sec.  63.1958 of this chapter (as well as the provisions in Sec. Sec.
63.1960 and 63.1961 of this chapter), or both as alternative means of
compliance, for an MSW landfill with a gas collection and control
system used to comply with the provisions of Sec.  62.16714(b) and (c).
Once the owner or operator begins to comply with the provisions of
Sec.  63.1958 of this chapter, the owner or operator must continue to
operate the collection and control device according to those provisions
and cannot return to the provisions of this section. Each owner or
operator of an MSW landfill with a gas collection and control system
used to comply with the provisions of Sec.  62.16714(b) and (c) must:
    (a) Operate the collection system such that gas is collected from
each area, cell, or group of cells in the MSW landfill in which solid
waste has been in place for:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade;
    (b) Operate the collection system with negative pressure at each
wellhead except under the following conditions:
    (1) A fire or increased well temperature. The owner or operator
must record instances when positive pressure occurs in efforts to avoid
a fire. These records must be submitted with the annual reports as
provided in Sec.  62.16724(h)(1);
    (2) Use of a geomembrane or synthetic cover. The owner or operator
must develop acceptable pressure limits in the design plan;
    (3) A decommissioned well. A well may experience a static positive
pressure after shut down to accommodate for declining flows. All design
changes must be approved by the Administrator as specified in Sec.
62.16724(d);
    (c) Operate each interior wellhead in the collection system with a
landfill gas temperature less than 55 degrees Celsius (131 degrees
Fahrenheit). The owner or operator may establish a higher operating
temperature value at a particular well. A higher operating value
demonstration must be submitted to the Administrator for approval and
must include supporting data demonstrating that the elevated parameter
neither causes fires nor significantly inhibits anaerobic decomposition
by killing methanogens. The demonstration must satisfy both criteria in
order to be approved (i.e., neither causing fires nor killing
methanogens is acceptable).
    (d) Operate the collection system so that the methane concentration
is less than 500 parts per million above background at the surface of
the landfill. To determine if this level is exceeded, the owner or
operator must conduct surface testing using an organic vapor analyzer,
flame ionization detector, or other portable monitor meeting the
specifications provided in Sec.  62.16720(d). The owner or operator
must conduct surface testing around the perimeter of the collection
area and along a pattern that traverses the landfill at no more than
30-meter intervals and where visual observations indicate elevated
concentrations of landfill gas, such as distressed vegetation and
cracks or seeps in the cover and all cover penetrations. Thus, the
owner or operator must monitor any openings that are within an area of
the landfill where waste has been placed and a gas collection system is
required. The owner or operator may establish an alternative traversing
pattern that ensures equivalent coverage. A surface monitoring design
plan must be developed that includes a topographical map with the
monitoring route and the rationale for any site-specific deviations
from the 30-meter intervals. Areas with steep slopes or other dangerous
areas may be excluded from the surface testing.
    (e) Operate the system such that all collected gases are vented to
a control system designed and operated in compliance with Sec.
62.16714(c). In the event the collection or control system is not
operating, the gas mover system must be shut down and all valves in the
collection and control system contributing to venting of the gas to the
atmosphere must be closed within 1 hour of the collection or control
system not operating.
    (f) Operate the control system at all times when the collected gas
is routed to the system.
    (g) If monitoring demonstrates that the operational requirements in
paragraphs (b), (c), or (d) of this section are not met, corrective
action must be taken as specified in Sec.  62.16720(a)(3) and (5) or
Sec.  62.16720(c). If corrective actions are taken as specified in
Sec.  62.16720, the monitored exceedance is not a violation of the
operational requirements in this section.

Sec.  62.16718  Test methods and procedures.

    Calculate the landfill NMOC emission rate and conduct a surface
emission monitoring demonstration according to the provisions in this
section.
    (a)(1) NMOC Emission rate. The landfill owner or operator must
calculate the NMOC emission rate using either Equation 1 provided in
paragraph (a)(1)(i) of this section or Equation 2 provided in paragraph
(a)(1)(ii) of this section. Both Equation 1 and Equation 2 may be used
if the actual year-to-year solid waste acceptance rate is known, as
specified in paragraph (a)(1)(i) of this section, for part of the life
of the landfill and the actual year-to-year solid waste acceptance rate
is unknown, as specified in paragraph (a)(1)(ii) of this section, for
part of the life of the landfill. The values to be used in both
Equation 1 and Equation 2 are 0.05 per year for k, 170 cubic meters per
megagram for Lo, and 4,000 parts per million by volume as hexane for
the

CNMOC. For landfills located in geographical areas with a
30-year annual average precipitation of less than 25 inches, as
measured at the nearest representative official meteorological site,
the k value to be used is 0.02 per year.
    (i)(A) Equation 1 must be used if the actual year-to-year solid
waste acceptance rate is known.
[GRAPHIC] [TIFF OMITTED] TR21MY21.004

Where:

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

    (B) The mass of nondegradable solid waste may be subtracted from
the total mass of solid waste in a particular section of the landfill
when calculating the value for Mi if documentation of the
nature and amount of such wastes is maintained.
    (ii)(A) Equation 2 must be used if the actual year-to-year solid
waste acceptance rate is unknown.
[GRAPHIC] [TIFF OMITTED] TR21MY21.005

Where:

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

    (B) The mass of nondegradable solid waste may be subtracted from
the total mass of solid waste in a particular section of the landfill
when calculating the value of R, if documentation of the nature and
amount of such wastes is maintained.
    (2) Tier 1. The owner or operator must compare the calculated NMOC
mass emission rate to the standard of 34 megagrams per year.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of
this section is less than 34 megagrams per year, then the owner or
operator must submit an NMOC emission rate report according to Sec.
62.16724(c) and must recalculate the NMOC mass emission rate annually
as required under Sec.  62.16714(e).
    (ii) If the NMOC emission rate calculated in paragraph (a)(1) of
this section is equal to or greater than 34 megagrams per year, then
the landfill owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1
year as specified in Sec.  62.16724(d) and install and operate a gas
collection and control system within 30 months according to Sec.
62.16714(b) and (c);
    (B) Determine a site-specific NMOC concentration and recalculate
the NMOC emission rate using the Tier 2 procedures provided in
paragraph (a)(3) of this section; or
    (C) Determine a site-specific methane generation rate constant and
recalculate the NMOC emission rate using the Tier 3 procedures provided
in paragraph (a)(4) of this section.
    (3) Tier 2. The landfill owner or operator must determine the site-
specific NMOC concentration using the following sampling procedure. The
landfill owner or operator must install at least two sample probes per
hectare, evenly distributed over the landfill surface that has retained
waste for at least 2 years. If the landfill is larger than 25 hectares
in area, only 50 samples are required. The probes should be evenly
distributed across the sample area. The sample probes should be located
to avoid known areas of nondegradable solid waste. The owner or
operator must collect and analyze one sample of landfill gas from each
probe to determine the NMOC concentration using EPA Method 25 or 25C of
appendix A-7 of 40 CFR part 60. Taking composite samples from different
probes into a single cylinder is allowed; however, equal sample volumes
must be taken from each probe. For each composite, the sampling rate,
collection times, beginning and ending cylinder vacuums, or alternative
volume measurements must be recorded to verify that composite volumes
are equal. Composite sample volumes should not be less than one liter
unless evidence can be provided to substantiate the accuracy of smaller
volumes. Terminate compositing before the cylinder approaches ambient
pressure where measurement accuracy diminishes. If more than the
required number of samples is taken, all samples must be used in the
analysis. The landfill owner or operator must divide the NMOC
concentration from EPA Method 25 or 25C of appendix A-7 of 40 CFR part
60 by 6 to convert from CNMOC as carbon to CNMOC
as hexane. If the landfill has an active or passive gas removal system
in place, EPA Method 25 or 25C samples may be collected from these
systems instead of surface probes provided the removal system can be
shown to provide sampling as representative as the two sampling probes
per hectare requirement. For active collection systems, samples may be
collected from the common header pipe. The sample location on the
common header pipe must be before any gas moving, condensate removal,
or treatment system equipment. For active collection systems, a minimum
of three samples must be collected from the header pipe.
    (i) Within 60 days after the date of determining the NMOC
concentration and corresponding NMOC emission rate, the owner or
operator must submit the results according to Sec.  62.16724(j)(2).
    (ii) The landfill owner or operator must recalculate the NMOC mass
emission rate using Equation 1 or Equation 2 provided in paragraph
(a)(1)(i) or (ii) of this section using the average site-specific NMOC
concentration from the collected samples instead of the default value
provided in paragraph (a)(1) of this section.

    (iii) If the resulting NMOC mass emission rate is less than 34
megagrams per year, then the owner or operator must submit a periodic
estimate of NMOC emissions in an NMOC emission rate report according to
Sec.  62.16724(c) and must recalculate the NMOC mass emission rate
annually as required under Sec.  62.16714(e). The site-specific NMOC
concentration must be retested every 5 years using the methods
specified in this section.
    (iv) If the NMOC mass emission rate as calculated using the Tier 2
site-specific NMOC concentration is equal to or greater than 34
megagrams per year, the owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1
year as specified in Sec.  62.16724(d) and install and operate a gas
collection and control system within 30 months according to Sec.
62.16714(b) and (c);
    (B) Determine a site-specific methane generation rate constant and
recalculate the NMOC emission rate using the site-specific methane
generation rate using the Tier 3 procedures specified in paragraph
(a)(4) of this section; or
    (C) Conduct a surface emission monitoring demonstration using the
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (4) Tier 3. The site-specific methane generation rate constant must
be determined using the procedures provided in EPA Method 2E of
appendix A-1 of 40 CFR part 60. The landfill owner or operator must
estimate the NMOC mass emission rate using Equation 1 or Equation 2 in
paragraph (a)(1)(i) or (ii) of this section and using a site-specific
methane generation rate constant, and the site-specific NMOC
concentration as determined in paragraph (a)(3) of this section instead
of the default values provided in paragraph (a)(1) of this section. The
landfill owner or operator must compare the resulting NMOC mass
emission rate to the standard of 34 megagrams per year.
    (i) If the NMOC mass emission rate as calculated using the Tier 2
site-specific NMOC concentration and Tier 3 site-specific methane
generation rate is equal to or greater than 34 megagrams per year, the
owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1
year as specified in Sec.  62.16724(d) and install and operate a gas
collection and control system within 30 months according to Sec.
62.16714(b) and (c); or
    (B) Conduct a surface emission monitoring demonstration using the
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (ii) If the NMOC mass emission rate is less than 34 megagrams per
year, then the owner or operator must recalculate the NMOC mass
emission rate annually using Equation 1 or Equation 2 in paragraph
(a)(1) of this section and using the site-specific Tier 2 NMOC
concentration and Tier 3 methane generation rate constant and submit a
periodic NMOC emission rate report as provided in Sec.  62.16724(c).
The calculation of the methane generation rate constant is performed
only once, and the value obtained from this test must be used in all
subsequent annual NMOC emission rate calculations.
    (5) Alternative methods. The owner or operator may use other
methods to determine the NMOC concentration or a site-specific methane
generation rate constant as an alternative to the methods required in
paragraphs (a)(3) and (4) of this section if the method has been
approved by the Administrator.
    (6) Tier 4. Demonstrate that surface methane emissions are below
500 parts per million. Surface emission monitoring must be conducted on
a quarterly basis using the following procedures. Tier 4 is allowed
only if the landfill owner or operator can demonstrate that NMOC
emissions are greater than or equal to 34 megagrams per year but less
than 50 megagrams per year using Tier 1 or Tier 2. If both Tier 1 and
Tier 2 indicate NMOC emissions are megagrams per year or greater, then
Tier 4 cannot be used. In addition, the landfill must meet the criteria
in paragraph (a)(6)(viii) of this section.
    (i) Measure surface concentrations of methane along the entire
perimeter of the landfill and along a pattern that traverses the
landfill at no more than 30-meter intervals using an organic vapor
analyzer, flame ionization detector, or other portable monitor meeting
the specifications provided in Sec.  62.16720(d).
    (ii) The background concentration must be determined by moving the
probe inlet upwind and downwind at least 30 meters from the waste mass
boundary of the landfill.
    (iii) Surface emission monitoring must be performed in accordance
with section 8.3.1 of EPA Method 21 of appendix A-7 of 40 CFR part 60,
except that the probe inlet must be placed no more than 5 centimeters
above the landfill surface; the constant measurement of distance above
the surface should be based on a mechanical device such as with a wheel
on a pole.
    (A) The owner or operator must use a wind barrier, similar to a
funnel, when onsite average wind speed exceeds 4 miles per hour or 2
meters per second or gust exceeding 10 miles per hour. Average on-site
wind speed must also be determined in an open area at 5-minute
intervals using an on-site anemometer with a continuous recorder and
data logger for the entire duration of the monitoring event. The wind
barrier must surround the SEM monitor, and must be placed on the
ground, to ensure wind turbulence is blocked. The SEM cannot be
conducted if average wind speed exceeds 25 miles per hour.
    (B) Landfill surface areas where visual observations indicate
elevated concentrations of landfill gas, such as distressed vegetation
and cracks or seeps in the cover, and all cover penetrations must also
be monitored using a device meeting the specifications provided in
Sec.  62.16720(d).
    (iv) Each owner or operator seeking to comply with the Tier 4
provisions in paragraph (a)(6) of this section must maintain records of
surface emission monitoring as provided in Sec.  62.16726(g) and submit
a Tier 4 surface emissions report as provided in Sec.
62.16724(d)(4)(iii).
    (v) If there is any measured concentration of methane of 500 parts
per million or greater from the surface of the landfill, the owner or
operator must submit a gas collection and control system design plan
within 1 year of the first measured concentration of methane of 500
parts per million or greater from the surface of the landfill according
to Sec.  62.16724(d) and install and operate a gas collection and
control system according to Sec.  62.16714(b) and (c) within 30 months
of the most recent NMOC emission rate report in which the NMOC emission
rate equals or exceeds 34 megagrams per year based on Tier 2.
    (vi) If after four consecutive quarterly monitoring periods at a
landfill, other than a closed landfill, there is no measured
concentration of methane of 500 parts per million or greater from the
surface of the landfill, the owner or operator must continue quarterly
surface emission monitoring using the methods specified in this
section.
    (vii) If after four consecutive quarterly monitoring periods at a
closed landfill there is no measured concentration of methane of 500
parts per million or greater from the surface of the landfill, the
owner or operator must conduct annual surface emission monitoring using
the methods specified in this section.
    (viii) If a landfill has installed and operates a collection and
control system that is not required by this subpart, then the
collection and control system must meet the following criteria:

    (A) The gas collection and control system must have operated for at
least 6,570 out of 8,760 hours preceding the Tier 4 SEM demonstration.
    (B) During the Tier 4 SEM demonstration, the gas collection and
control system must operate as it normally would to collect and control
as much landfill gas as possible.
    (b) After the installation and startup of a collection and control
system in compliance with this subpart, the owner or operator must
calculate the NMOC emission rate for purposes of determining when the
system can be capped, removed, or decommissioned as provided in Sec.
62.16714(f), using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR21MY21.006

Where:

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

    (1) Flow rate. The flow rate of landfill gas, QLFG, must
be determined by measuring the total landfill gas flow rate at the
common header pipe that leads to the control system using a gas flow
measuring device calibrated according to the provisions of section 10
of EPA Method 2E of appendix A-1 of 40 CFR part 60.
    (2) NMOC concentration. The average NMOC concentration,
CNMOC, must be determined by collecting and analyzing
landfill gas sampled from the common header pipe before the gas moving
or condensate removal equipment using the procedures in EPA Method 25
or EPA Method 25C of appendix A-7 of 40 CFR part 60. The sample
location on the common header pipe must be before any condensate
removal or other gas refining units. The landfill owner or operator
must divide the NMOC concentration from EPA Method 25 or EPA Method 25C
of appendix A-7 of 40 CFR part 60 by six to convert from
CNMOC as carbon to CNMOC as hexane.
    (3) Gas flow rate method. The owner or operator may use another
method to determine landfill gas flow rate and NMOC concentration if
the method has been approved by the Administrator.
    (i) Within 60 days after the date of calculating the NMOC emission
rate for purposes of determining when the system can be capped or
removed, the owner or operator must submit the results according to
Sec.  62.16724(j)(2).
    (ii) [Reserved]
    (c) When calculating emissions for Prevention of Significant
Deterioration purposes, the owner or operator of each MSW landfill
subject to the provisions of this subpart must estimate the NMOC
emission rate for comparison to the Prevention of Significant
Deterioration major source and significance levels in Sec. Sec.  51.166
or 52.21 of this chapter using Compilation of Air Pollutant Emission
Factors, Volume I: Stationary Point and Area Sources (AP-42) or other
approved measurement procedures.
    (d) For the performance test required in Sec.  62.16714(c)(1), the
net heating value of the combusted landfill gas as determined in 40 CFR
60.18(f)(3) of this chapter is calculated from the concentration of
methane in the landfill gas as measured by EPA Method 3C. A minimum of
three 30-minute EPA Method 3C samples are determined. The measurement
of other organic components, hydrogen, and carbon monoxide is not
applicable. EPA Method 3C may be used to determine the landfill gas
molecular weight for calculating the flare gas exit velocity under 40
CFR 60.18(f)(4) of this chapter.
    (1) Performance test results. Within 60 days after the date of
completing each performance test (as defined in Sec.  60.8 of this
chapter), the owner or operator must submit the results of the
performance tests required by paragraph (b) or (d) of this section,
including any associated fuel analyses, according to Sec.
62.16724(j)(1).
    (2) [Reserved]
    (e) For the performance test required in Sec.  62.16714(c)(2), EPA
Method 25 or 25C (EPA Method 25C may be used at the inlet only) of
appendix A-7 of 40 CFR part 60 must be used to determine compliance
with the 98 weight-percent efficiency or the 20 parts-per-million by
volume outlet NMOC concentration level, unless another method to
demonstrate compliance has been approved by the Administrator as
provided by Sec.  62.16724(d)(2). EPA Method 3, 3A, or 3C of appendix
A-2 of 40 CFR part 60 must be used to determine oxygen for correcting
the NMOC concentration as hexane to 3 percent. In cases where the
outlet concentration is less than 50 parts-per-million NMOC as carbon
(8 parts-per-million NMOC as hexane), EPA Method 25A should be used in
place of EPA Method 25. EPA Method 18 of appendix A-6 of 40 CFR part 60
may be used in conjunction with EPA Method 25A on a limited basis
(compound specific, e.g., methane) or EPA Method 3C may be used to
determine methane. The methane as carbon should be subtracted from the
EPA Method 25A total hydrocarbon value as carbon to give NMOC
concentration as carbon. The landfill owner or operator must divide the
NMOC concentration as carbon by 6 to convert the CNMOC as
carbon to CNMOC as hexane. Equation 4 must be used to
calculate efficiency:
[GRAPHIC] [TIFF OMITTED] TR21MY21.007

Where:

NMOCin = Mass of NMOC entering control device.
NMOCout = Mass of NMOC exiting control device.

    (1) Performance test submission. Within 60 days after the date of
completing each performance test (as defined inSec.  60.8 of this
chapter), the owner or operator must submit the results of the
performance tests, including any associated fuel analyses, according to
Sec.  62.16724(j)(1).
    (2) [Reserved]

Sec.  62.16720  Compliance provisions.

    Follow the compliance provisions in this section (as well as the
provisions in Sec. Sec.  62.16716 and 62.16722), or the compliance
provisions in Sec.  63.1960 of this chapter (as well as the provisions
in Sec. Sec.  63.1958 and 63.1961 of this chapter), or both as
alternative means of compliance, for an MSW landfill with a gas
collection and control system used to comply with the provisions of
Sec.  62.16714(b) and (c). Once the owner or operator begins to comply
with the provisions of Sec.  63.1960 of this chapter, the owner or
operator must continue to operate the collection and control device
according to those provisions and cannot return to the provisions of
this section.

    (a) Except as provided in Sec.  62.16724(d)(2), the specified
methods in paragraphs (a)(1) through (6) of this section must be used
to determine whether the gas collection system is in compliance with
Sec.  62.16714(b)(2).
    (1) For the purposes of calculating the maximum expected gas
generation flow rate from the landfill to determine compliance with
Sec.  62.16714(b)(2)(i), either Equation 5 or Equation 6 must be used.
The methane generation rate constant (k) and methane generation
potential (Lo) kinetic factors should be those published in the most
recent AP-42 or other site-specific values demonstrated to be
appropriate and approved by the Administrator. If k has been determined
as specified in Sec.  62.16718(a)(4), the value of k determined from
the test must be used. A value of no more than 15 years must be used
for the intended use period of the gas mover equipment. The active life
of the landfill is the age of the landfill plus the estimated number of
years until closure.
    (i) For sites with unknown year-to-year solid waste acceptance
rate:
[GRAPHIC] [TIFF OMITTED] TR21MY21.008

Where:

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

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR21MY21.009

Where:

QM = Maximum expected gas generation flow rate, cubic
meters per year.
k = Methane generation rate constant, year-1.
Lo = Methane generation potential, cubic meters per
megagram solid waste.
Mi = Mass of solid waste in the ith section,
megagrams.
ti = Age of the ith section, years.

    (iii) If a collection and control system has been installed, actual
flow data may be used to project the maximum expected gas generation
flow rate instead of, or in conjunction with, Equation 5 or Equation 6
in paragraphs (a)(1)(i) and (ii) of this section. If the landfill is
still accepting waste, the actual measured flow data will not equal the
maximum expected gas generation rate, so calculations using Equation 5
or Equation 6 in paragraphs (a)(1)(i) or (ii) of this section or other
methods must be used to predict the maximum expected gas generation
rate over the intended period of use of the gas control system
equipment.
    (2) For the purposes of determining sufficient density of gas
collectors for compliance with Sec.  62.16714(b)(2)(ii), the owner or
operator must design a system of vertical wells, horizontal collectors,
or other collection devices, satisfactory to the Administrator, capable
of controlling and extracting gas from all portions of the landfill
sufficient to meet all operational and performance standards.
    (3) For the purpose of demonstrating whether the gas collection
system flow rate is sufficient to determine compliance with Sec.
62.16714(b)(2)(iii), the owner or operator must measure gauge pressure
in the gas collection header applied to each individual well monthly.
If a positive pressure exists, action must be initiated to correct the
exceedance within 5 calendar days, except for the three conditions
allowed under Sec.  62.16716(b). Any attempted corrective measure must
not cause exceedances of other operational or performance standards.
    (i) If negative pressure cannot be achieved without excess air
infiltration within 15 calendar days of the first measurement of
positive pressure, the owner or operator must conduct a root cause
analysis and correct the exceedance as soon as practicable, but not
later than 60 days after positive pressure was first measured. The
owner or operator must keep records according to Sec.  62.16726(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60
days following the positive pressure or elevated temperature
measurement for which the root cause analysis was required, the owner
or operator must also conduct a corrective action analysis and develop
an implementation schedule to complete the corrective action(s) as soon
as practicable, but no more than 120 days following the measurement of
landfill gas temperature greater than 55 degrees Celsius (131 degrees
Fahrenheit) or positive pressure. The owner or operator must submit the
items listed in Sec.  62.16724(h)(7) as part of the next annual report.
The owner or operator must keep records according to Sec.
62.16726(e)(4).
    (iii) If corrective action is expected to take longer than 120 days
to complete after the initial exceedance, the owner or operator must
submit the root cause analysis, corrective action analysis, and
corresponding implementation timeline to the Administrator, according
to Sec.  62.16724(h)(7) and (k). The owner or operator must keep
records according to Sec.  62.16726(e)(5).
    (4) For the purpose of identifying whether excess air infiltration
into the landfill is occurring, the owner or operator must monitor each
well monthly for temperature as provided in Sec.  62.16716(c). If a
well exceeds the operating parameter for temperature, action must be
initiated to correct the exceedance within 5 calendar days. Any
attempted corrective measure must not cause exceedances of other
operational or performance standards.
    (i) If a landfill gas temperature less than 55 degrees Celsius (131
degrees Fahrenheit) cannot be achieved within 15 calendar days of the
first measurement of landfill gas temperature greater than 55 degrees
Celsius (131 degrees Fahrenheit), the owner or operator must conduct a
root cause analysis and correct the exceedance as soon as practicable,
but no later than 60 days after a landfill gas temperature greater than
55 degrees Celsius (131 degrees Fahrenheit) was first measured. The
owner or operator must keep records according to Sec.  62.16726(e)(3).

    (ii) If corrective actions cannot be fully implemented within 60
days following the measurement of landfill gas temperature greater than
55 degrees Celsius (131 degrees Fahrenheit) for which the root cause
analysis was required, the owner or operator must also conduct a
corrective action analysis and develop an implementation schedule to
complete the corrective action(s) as soon as practicable, but no more
than 120 days following the measurement of landfill gas temperature
greater than 55 degrees Celsius (131 degrees Fahrenheit). The owner or
operator must submit the items listed in Sec.  62.16724(h)(7) as part
of the next annual report. The owner or operator must keep records
according to Sec.  62.16726(e)(4).
    (iii) If corrective action is expected to take longer than 120 days
to complete after the initial exceedance, the owner or operator must
submit the root cause analysis, corrective action analysis, and
corresponding implementation timeline to the Administrator, according
to Sec.  62.16724(h)(7) and Sec.  62.16724(k). The owner or operator
must keep records according to Sec.  62.16726(e)(5).
    (5) An owner or operator seeking to demonstrate compliance with
Sec.  62.16714(b)(2)(iv) through the use of a collection system not
conforming to the specifications provided in Sec.  62.16728 must
provide information satisfactory to the Administrator as specified in
Sec.  62.16724(d)(3) demonstrating that off-site migration is being
controlled.
    (b) For purposes of compliance with Sec.  62.16716(a), each owner
or operator of a controlled landfill must place each well or design
component as specified in the approved design plan as provided in Sec.
62.16724(d). Each well must be installed no later than 60 days after
the date on which the initial solid waste has been in place for a
period of:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade.
    (c) The following procedures must be used for compliance with the
surface methane operational standard as provided in Sec.  62.16716(d):
    (1) After installation and startup of the gas collection system,
the owner or operator must monitor surface concentrations of methane
along the entire perimeter of the collection area and along a pattern
that traverses the landfill at no more than 30-meter intervals (or a
site-specific established spacing) for each collection area on a
quarterly basis using an organic vapor analyzer, flame ionization
detector, or other portable monitor meeting the specifications provided
in paragraph (d) of this section.
    (2) The background concentration must be determined by moving the
probe inlet upwind and downwind outside the boundary of the landfill at
a distance of at least 30 meters from the perimeter wells.
    (3) Surface emission monitoring must be performed in accordance
with section 8.3.1 of EPA Method 21 of appendix A-7 of 40 CFR part 60,
except that the probe inlet must be placed within 5 to 10 centimeters
of the ground. Monitoring must be performed during typical
meteorological conditions.
    (4) Any reading of 500 parts per million or more above background
at any location must be recorded as a monitored exceedance and the
actions specified in paragraphs (c)(4)(i) through (v) of this section
must be taken. As long as the specified actions are taken, the
exceedance is not a violation of the operational requirements of Sec.
62.16716(d).
    (i) The location of each monitored exceedance must be marked, and
the location and concentration recorded. For location, you must
determine the latitude and longitude coordinates using an instrument
with an accuracy of at least 4 meters. The coordinates must be in
decimal degrees with at least five decimal places.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent
wells to increase the gas collection in the vicinity of each exceedance
must be made and the location must be re-monitored within 10 calendar
days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second
exceedance, additional corrective action must be taken, and the
location must be monitored again within 10 days of the second
exceedance. If the re-monitoring shows a third exceedance for the same
location, the action specified in paragraph (c)(4)(v) of this section
must be taken, and no further monitoring of that location is required
until the action specified in paragraph (c)(4)(v) of this section has
been taken.
    (iv) Any location that initially showed an exceedance but has a
methane concentration less than 500 parts-per-million methane above
background at the 10-day re-monitoring specified in paragraph
(c)(4)(ii) or (iii) of this section must be re-monitored 1 month from
the initial exceedance. If the 1-month re-monitoring shows a
concentration less than 500 parts-per-million above background, no
further monitoring of that location is required until the next
quarterly monitoring period. If the 1-month re-monitoring shows an
exceedance, the actions specified in paragraph (c)(4)(iii) or (v) of
this section must be taken.
    (v) For any location where monitored methane concentration equals
or exceeds 500 parts-per-million above background three times within a
quarterly period, a new well or other collection device must be
installed within 120 calendar days of the initial exceedance. An
alternative remedy to the exceedance, such as upgrading the blower,
header pipes or control device, and a corresponding timeline for
installation may be submitted to the Administrator for approval.
    (5) The owner or operator must implement a program to monitor for
cover integrity and implement cover repairs as necessary on a monthly
basis.
    (d) Each owner or operator seeking to comply with the provisions in
paragraph (c) of this section or Sec.  62.16718(a)(6) must comply with
the following instrumentation specifications and procedures for surface
emission monitoring devices:
    (1) The portable analyzer must meet the instrument specifications
provided in section 6 of EPA Method 21 of appendix A-7 of 40 CFR part
60, except that ``methane'' replaces all references to ``VOC.''
    (2) The calibration gas must be methane, diluted to a nominal
concentration of 500 parts-per-million in air.
    (3) To meet the performance evaluation requirements in section 8.1
of EPA Method 21 of appendix A-7 of 40 CFR part 60, the instrument
evaluation procedures of section 8.1 of EPA Method 21 of appendix A-7
of 40 CFR part 60 must be used.
    (4) The calibration procedures provided in sections 8 and 10 of EPA
Method 21 of appendix A-7 of 40 CFR part 60 must be followed
immediately before commencing a surface monitoring survey.
    (e) The provisions of this subpart apply at all times, including
periods of startup, shutdown, or malfunction. During periods of
startup, shutdown, and malfunction, you must comply with the work
practice specified in Sec.  62.16716(e) in lieu of the compliance
provisions in Sec.  62.16720.

Sec.  62.16722  Monitoring of operations.

    Follow the monitoring provisions in this section (as well as the
provisions in Sec. Sec.  62.16716 and 62.16720), except as provided in
Sec.  62.16724(d)(2), or the monitoring provisions in Sec.  63.1961 of
this chapter (as well as the provisions in Sec. Sec.  63.1958 and
63.1960 of this chapter), or both as alternative means of compliance,
for an MSW landfill with a gas collection and control system used

to comply with the provisions of Sec.  62.16714(b) and (c). Once the
owner or operator begins to comply with the provisions of Sec.  63.1961
of this chapter, the owner or operator must continue to operate the
collection and control device according to those provisions and cannot
return to the provisions of this section.
    (a) Each owner or operator seeking to comply with Sec.
62.16714(b)(2) for an active gas collection system must install a
sampling port and a thermometer, other temperature measuring device, or
an access port for temperature measurements at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a
monthly basis as provided in Sec.  62.16720(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on
a monthly basis as follows:
    (i) The nitrogen level must be determined using EPA Method 3C of
appendix A-2 of 40 CFR part 60, unless an alternative test method is
established as allowed by Sec.  62.16724(d)(2).
    (ii) Unless an alternative test method is established as allowed by
Sec.  62.16724(d)(2), the oxygen level must be determined by an oxygen
meter using EPA Method 3A of appendix A-7 of 40 CFR part 60, EPA Method
3C of appendix A-7 of 40 CFR part 60, or ASTM D6522-11. Determine the
oxygen level by an oxygen meter using EPA Method 3A, 3C, or ASTM D6522-
11 (if sample location is prior to combustion) except that:
    (A) The span must be set between 10- and 12-percent oxygen;
    (B) A data recorder is not required;
    (C) Only two calibration gases are required, a zero and span;
    (D) A calibration error check is not required;
    (E) The allowable sample bias, zero drift, and calibration drift
are 10 percent.
    (iii) A portable gas composition analyzer may be used to monitor
the oxygen levels provided:
    (A) The analyzer is calibrated; and
    (B) The analyzer meets all quality assurance and quality control
requirements for EPA Method 3A or ASTM D6522-11.
    (3) Monitor temperature of the landfill gas on a monthly basis as
provided in Sec.  62.16720(a)(4). The temperature measuring device must
be calibrated annually using the procedure in 40 CFR part 60, appendix
A-1, EPA Method 2, section 10.3.
    (b) Each owner or operator seeking to comply with Sec.  62.16714(c)
using an enclosed combustor must calibrate, maintain, and operate
according to the manufacturer's specifications, the following
equipment:
    (1) A temperature monitoring device equipped with a continuous
recorder and having a minimum accuracy of 1 percent of the
temperature being measured expressed in degrees Celsius or 0.5 degrees Celsius, whichever is greater. A temperature
monitoring device is not required for boilers or process heaters with
design heat input capacity equal to or greater than 44 megawatts.
    (2) A device that records flow to the control device and bypass of
the control device (if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring
device that must record the flow to the control device at least every
15 minutes; and
    (ii) Secure the bypass line valve in the closed position with a
car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism must be performed at least once every
month to ensure that the valve is maintained in the closed position and
that the gas flow is not diverted through the bypass line.
    (c) Each owner or operator seeking to comply with Sec.  62.16714(c)
using a non-enclosed flare must install, calibrate, maintain, and
operate according to the manufacturer's specifications the following
equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or
thermocouple, at the pilot light or the flame itself to indicate the
continuous presence of a flame.
    (2) A device that records flow to the flare and bypass of the flare
(if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring
device that records the flow to the control device at least every 15
minutes; and
    (ii) Secure the bypass line valve in the closed position with a
car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism must be performed at least once every
month to ensure that the valve is maintained in the closed position and
that the gas flow is not diverted through the bypass line.
    (d) Each owner or operator seeking to demonstrate compliance with
Sec.  62.16714(c) using a device other than a non-enclosed flare or an
enclosed combustor or a treatment system must provide information
satisfactory to the Administrator as provided in Sec.  62.16724(d)(2)
describing the operation of the control device, the operating
parameters that would indicate proper performance, and appropriate
monitoring procedures. The Administrator must review the information
and either approve it, or request that additional information be
submitted. The Administrator may specify additional appropriate
monitoring procedures.
    (e) Each owner or operator seeking to install a collection system
that does not meet the specifications in Sec.  62.16728 or seeking to
monitor alternative parameters to those required by Sec.  62.16716
through Sec.  62.16722 must provide information satisfactory to the
Administrator as provided in Sec.  62.16724(d)(2) and (3) describing
the design and operation of the collection system, the operating
parameters that would indicate proper performance, and appropriate
monitoring procedures. The Administrator may specify additional
appropriate monitoring procedures.
    (f) Each owner or operator seeking to demonstrate compliance with
the 500 parts-per-million surface methane operational standard in Sec.
62.16716(d) must monitor surface concentrations of methane according to
the procedures provided in Sec.  62.16720(c) and the instrument
specifications in Sec.  62.16720(d). Any closed landfill that has no
monitored exceedances of the operational standard in three consecutive
quarterly monitoring periods may skip to annual monitoring. Any methane
reading of 500 parts-per-million or more above background detected
during the annual monitoring returns the frequency for that landfill to
quarterly monitoring.
    (g) Each owner or operator seeking to demonstrate compliance with
the control system requirements in Sec.  62.16714(c) using a landfill
gas treatment system must maintain and operate all monitoring systems
associated with the treatment system in accordance with the site-
specific treatment system monitoring plan required in Sec.
62.16726(b)(5)(ii) and must calibrate, maintain, and operate according
to the manufacturer's specifications a device that records flow to the
treatment system and bypass of the treatment system (if applicable).
The owner or operator must:
    (1) Install, calibrate, and maintain a gas flow rate measuring
device that records the flow to the treatment system at least every 15
minutes; and
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the
seal or closure mechanism must be performed at least once every month
to ensure that the valve is maintained in the closed position and that
the gas flow is not diverted through the bypass line.

    (h) The monitoring requirements of paragraphs (b), (c), (d), and
(g) of this section apply at all times the designated facility is
operating, except for periods of monitoring system malfunctions,
repairs associated with monitoring system malfunctions, and required
monitoring system quality assurance or quality control activities. A
monitoring system malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring system to provide valid data.
Monitoring system failures that are caused in part by poor maintenance
or careless operation are not malfunctions. You are required to
complete monitoring system repairs in response to monitoring system
malfunctions and to return the monitoring system to operation as
expeditiously as practicable.
    (i) Incorporation by reference required material.
    (1) The material required by this section was approved for
incorporation by reference into this section by the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You may
inspect approved material at the EPA Docket Center, WJC West Building,
Room Number 3334, 1301 Constitution Ave. NW, Washington, DC, (202) 566-
1744, Docket ID No. EPA-HQ-OAR-2019-0338 and obtain it from the
source(s) listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, email<EMAIL_ADDRESS>
or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) ASTM International, 100 Barr Harbor Drive, P.O. Box CB700, West
Conshohocken, Pennsylvania 19428-2959,<PHONE_NUMBER>, www.astm.org.
    (i) ASTM D6522-11 Standard Test Method for Determination of
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in
Emissions from Natural Gas-Fired Reciprocating Engines, Combustion
Turbines, Boilers, and Process Heaters Using Portable Analyzers,
approved December 1, 2011.
    (ii) [Reserved]

Sec.  62.16724  Reporting guidelines.

    Follow the reporting provisions listed in this section, as
applicable, except as provided under 40 CFR 60.24 and Sec. Sec.
62.16711(g), (h), and 62.16724(d)(2).
    (a) Design capacity report. Submit the initial design capacity
report no later than September 20, 2021. The initial design capacity
report must contain the following information:
    (1) A map or plot of the landfill, providing the size and location
of the landfill, and identifying all areas where solid waste may be
landfilled according to the permit issued by the state, local, or
tribal agency responsible for regulating the landfill.
    (2) The maximum design capacity of the landfill. Where the maximum
design capacity is specified in the permit issued by the state, local,
or tribal agency responsible for regulating the landfill, a copy of the
permit specifying the maximum design capacity may be submitted as part
of the report. If the maximum design capacity of the landfill is not
specified in the permit, the maximum design capacity must be calculated
using good engineering practices. The calculations must be provided,
along with the relevant parameters as part of the report. The landfill
may calculate design capacity in either megagrams or cubic meters for
comparison with the exemption values. If the owner or operator chooses
to convert the design capacity from volume to mass or from mass to
volume to demonstrate its design capacity is less than 2.5 million
megagrams or 2.5 million cubic meters, the calculation must include a
site-specific density, which must be recalculated annually. Any density
conversions must be documented and submitted with the design capacity
report. The state, local, or tribal agency or the Administrator may
request other reasonable information as may be necessary to verify the
maximum design capacity of the landfill.
    (b) Amended design capacity report. An amended design capacity
report must be submitted providing notification of an increase in the
design capacity of the landfill, within 90 days of an increase in the
maximum design capacity of the landfill to meet or exceed 2.5 million
megagrams and 2.5 million cubic meters. This increase in design
capacity may result from an increase in the permitted volume of the
landfill or an increase in the density as documented in the annual
recalculation required in Sec.  62.16726(f).
    (c) NMOC emission rate report. For existing MSW landfills covered
by this subpart with a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters, the NMOC emission rate
report must be submitted following the procedure specified in paragraph
(j)(2) of this section no later than 90 days after the effective date
of this subpart. The NMOC emission rate report must be submitted to the
Administrator annually following the procedure specified in paragraph
(j)(2) of this section, except as provided for in paragraph (c)(3) of
this section. The Administrator may request such additional information
as may be necessary to verify the reported NMOC emission rate.
    (1) The NMOC emission rate report must contain an annual or 5-year
estimate of the NMOC emission rate calculated using the formula and
procedures provided in Sec.  62.16718(a) or (b), as applicable.
    (2) The NMOC emission rate report must include all the data,
calculations, sample reports and measurements used to estimate the
annual or 5-year emissions.
    (3) If the estimated NMOC emission rate as reported in the annual
report to the Administrator is less than 34 megagrams per year in each
of the next 5 consecutive years, the owner or operator may elect to
submit, following the procedure specified in paragraph (j)(2) of this
section, an estimate of the NMOC emission rate for the next 5-year
period in lieu of the annual report. This estimate must include the
current amount of solid waste-in-place and the estimated waste
acceptance rate for each year of the 5 years for which an NMOC emission
rate is estimated. All data and calculations upon which this estimate
is based must be provided to the Administrator. This estimate must be
revised at least once every 5 years. If the actual waste acceptance
rate exceeds the estimated waste acceptance rate in any year reported
in the 5-year estimate, a revised 5-year estimate must be submitted to
the Administrator. The revised estimate must cover the 5-year period
beginning with the year in which the actual waste acceptance rate
exceeded the estimated waste acceptance rate.
    (4) Each owner or operator subject to the requirements of this
subpart is exempted from the requirements to submit an NMOC emission
rate report, after installing a collection and control system that
complies with Sec.  62.16714(b) and (c), during such time as the
collection and control system is in operation and in compliance with
Sec. Sec.  62.16716 and 62.16720.
    (d) Collection and control system design plan. The collection and
control system design plan must be prepared and approved by a
professional engineer and must meet the following requirements:
    (1) The collection and control system as described in the design
plan must meet the design requirements in Sec.  62.16714(b) and (c).
    (2) The collection and control system design plan must include any
alternatives to the operational standards, test methods, procedures,
compliance measures, monitoring, recordkeeping, or reporting provisions

of Sec. Sec.  62.16716 through 62.16726 proposed by the owner or
operator.
    (3) The collection and control system design plan must either
conform to specifications for active collection systems in Sec.
62.16728 or include a demonstration to the Administrator's satisfaction
of the sufficiency of the alternative provisions to Sec.  62.16728.
    (4) Each owner or operator of an MSW landfill having a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters must submit a copy of the collection and control system
design plan cover page that contains the engineer's seal to the
Administrator within 1 year of the first NMOC emission rate report in
which the NMOC emission rate equals or exceeds 34 megagrams per year,
except as follows:
    (i) If the owner or operator elects to recalculate the NMOC
emission rate after Tier 2 NMOC sampling and analysis as provided in
Sec.  62.16718(a)(3) and the resulting rate is less than 34 megagrams
per year, annual periodic reporting must be resumed, using the Tier 2
determined site-specific NMOC concentration, until the calculated NMOC
emission rate is equal to or greater than 34 megagrams per year or the
landfill is closed. The revised NMOC emission rate report, with the
recalculated NMOC emission rate based on NMOC sampling and analysis,
must be submitted, following the procedures in paragraph (j)(2) of this
section, within 180 days of the first calculated exceedance of 34
megagrams per year.
    (ii) If the owner or operator elects to recalculate the NMOC
emission rate after determining a site-specific methane generation rate
constant k, as provided in Tier 3 in Sec.  62.16718(a)(4), and the
resulting NMOC emission rate is less than 34 megagrams per year, annual
periodic reporting must be resumed. The resulting site-specific methane
generation rate constant k must be used in the NMOC emission rate
calculation until such time as the emissions rate calculation results
in an exceedance. The revised NMOC emission rate report based on the
provisions of Sec.  62.16718(a)(4) and the resulting site-specific
methane generation rate constant k must be submitted, following the
procedure specified in paragraph (j)(2) of this section, to the
Administrator within 1 year of the first calculated NMOC emission rate
equaling or exceeding 34 megagrams per year.
    (iii) If the owner or operator elects to demonstrate that site-
specific surface methane emissions are below 500 parts-per-million
methane, based on the provisions of Sec.  62.16718(a)(6), then the
owner or operator must submit annually a Tier 4 surface emissions
report as specified in this paragraph following the procedure specified
in paragraph (j)(2) of this section until a surface emissions reading
of 500 parts-per-million methane or greater is found. If the Tier 4
surface emissions report shows no surface emissions readings of 500
parts-per-million methane or greater for four consecutive quarters at a
closed landfill, then the landfill owner or operator may reduce Tier 4
monitoring from a quarterly to an annual frequency. The Administrator
may request such additional information as may be necessary to verify
the reported instantaneous surface emission readings. The Tier 4
surface emissions report must clearly identify the location, date and
time (to the nearest second), average wind speeds including wind gusts,
and reading (in parts-per-million) of any value 500 parts-per-million
methane or greater, other than non-repeatable, momentary readings. For
location, you must determine the latitude and longitude coordinates
using an instrument with an accuracy of at least 4 meters. The
coordinates must be in decimal degrees with at least five decimal
places. The Tier 4 surface emission report should also include the
results of the most recent Tier 1 and Tier 2 results in order to verify
that the landfill does not exceed 50 megagrams per year of NMOC.
    (A) The initial Tier 4 surface emissions report must be submitted
annually, starting within 30 days of completing the fourth quarter of
Tier 4 SEM that demonstrates that site-specific surface methane
emissions are below 500 parts-per-million methane, and following the
procedure specified in paragraph (j)(2) of this section
    (B) The Tier 4 surface emissions rate report must be submitted
within 1 year of the first measured surface exceedance of 500 parts-
per-million methane, following the procedure specified in paragraph
(j)(2) of this section.
    (iv) If the landfill is in the closed landfill subcategory, the
owner or operator is exempt from submitting a collection and control
system design plan to the Administrator provided that conditions in
Sec.  62.16711(g)(3) are met. If not, the owner or operator shall
follow the submission procedures and timing in Sec.  62.16724(d)(ii)
and (iii) using a level of 50 Mg/yr instead of 34 Mg/yr.
    (5) The landfill owner or operator must notify the Administrator
that the design plan is completed and submit a copy of the plan's
signature page. The Administrator has 90 days to decide whether the
design plan should be submitted for review. If the Administrator
chooses to review the plan, the approval process continues as described
in paragraph (c)(6) of this section. However, if the Administrator
indicates that submission is not required or does not respond within 90
days, the landfill owner or operator can continue to implement the plan
with the recognition that the owner or operator is proceeding at their
own risk. In the event that the design plan is required to be modified
to obtain approval, the owner or operator must take any steps necessary
to conform any prior actions to the approved design plan and any
failure to do so could result in an enforcement action.
    (6) Upon receipt of an initial or revised design plan, the
Administrator must review the information submitted under paragraphs
(d)(1) through (3) of this section and either approve it, disapprove
it, or request that additional information be submitted. Because of the
many site-specific factors involved with landfill gas system design,
alternative systems may be necessary. A wide variety of system designs
are possible, such as vertical wells, combination horizontal and
vertical collection systems, or horizontal trenches only, leachate
collection components, and passive systems. If the Administrator does
not approve or disapprove the design plan, or does not request that
additional information be submitted within 90 days of receipt, then the
owner or operator may continue with implementation of the design plan,
recognizing they would be proceeding at their own risk.
    (7) If the owner or operator chooses to demonstrate compliance with
the emission control requirements of this subpart using a treatment
system as defined in this subpart, then the owner or operator must
prepare a site-specific treatment system monitoring plan as specified
in Sec.  62.16726(b)(5). Legacy controlled landfills must prepare the
monitoring plan no later than May 23, 2022.
    (e) Revised design plan. The owner or operator who has already been
required to submit a design plan under paragraph (d) of this section,
or under subpart GGG of this part; 40 CFR part 60, subpart WWW; or a
state plan implementing subpart Cc of 40 CFR part 60, must submit a
revised design plan to the Administrator for approval as follows:
    (1) At least 90 days before expanding operations to an area not
covered by the previously approved design plan.
    (2) Prior to installing or expanding the gas collection system in a
way that is not consistent with the design plan that was submitted to
the Administrator

according to paragraph (d) of this section.
    (f) Closure report. Each owner or operator of a controlled landfill
must submit a closure report to the Administrator within 30 days of
ceasing waste acceptance. The Administrator may request additional
information as may be necessary to verify that permanent closure has
taken place in accordance with the requirements of 40 CFR 258.60. If a
closure report has been submitted to the Administrator, no additional
wastes may be placed into the landfill without filing a notification of
modification as described under 40 CFR 60.7(a)(4).
    (g) Equipment removal report. Each owner or operator of a
controlled landfill must submit an equipment removal report to the
Administrator 30 days prior to removal or cessation of operation of the
control equipment.
    (1) The equipment removal report must contain the following items:
    (i) A copy of the closure report submitted in accordance with
paragraph (f) of this section; and
    (ii) A copy of the initial performance test report demonstrating
that the 15-year minimum control period has expired, unless the report
of the results of the performance test has been submitted to the EPA
via the EPA's Central Data Exchange (CDX), or information that
demonstrates that the gas collection and control system will be unable
to operate for 15 years due to declining gas flows. In the equipment
removal report, the process unit(s) tested, the pollutant(s) tested,
and the date that such performance test was conducted may be submitted
in lieu of the performance test report if the report has been
previously submitted to the EPA's CDX; and
    (iii) Dated copies of three successive NMOC emission rate reports
demonstrating that the landfill is no longer producing 34 megagrams or
greater of NMOC per year, unless the NMOC emission rate reports have
been submitted to the EPA via the EPA's CDX. If the NMOC emission rate
reports have been previously submitted to the EPA's CDX, a statement
that the NMOC emission rate reports have been submitted electronically
and the dates that the reports were submitted to the EPA's CDX may be
submitted in the equipment removal report in lieu of the NMOC emission
rate reports; or
    (iv) For the closed landfill subcategory, dated copies of three
successive NMOC emission rate reports demonstrating that the landfill
is no longer producing 50 megagrams or greater of NMOC per year, unless
the NMOC emission rate reports have been submitted to the EPA via the
EPA's CDX. If the NMOC emission rate reports have been previously
submitted to the EPA's CDX, a statement that the NMOC emission rate
reports have been submitted electronically and the dates that the
reports were submitted to the EPA's CDX may be submitted in the
equipment removal report in lieu of the NMOC emission rate reports.
    (2) The Administrator may request such additional information as
may be necessary to verify that all of the conditions for removal in
Sec.  62.16714(f) have been met.
    (h) Annual report. The owner or operator of a landfill seeking to
comply with Sec.  62.16714(e)(2) using an active collection system
designed in accordance with Sec.  62.16714(b) must submit to the
Administrator, following the procedures specified in paragraph (j)(2)
of this section, an annual report of the recorded information in
paragraphs (h)(1) through (7) of this section. The initial annual
report must be submitted within 180 days of installation and startup of
the collection and control system except for legacy controlled
landfills that have already submitted an initial report under 40 CFR
part 60, subpart WWW; subpart GGG of this part; or a state plan
implementing 40 CFR part 60, subpart Cc. Except for legacy controlled
landfills, the initial annual report must include the initial
performance test report required under 40 CFR 60.8, as applicable,
unless the report of the results of the performance test has been
submitted to the EPA via the EPA's CDX. Legacy controlled landfills are
exempted from submitting performance test reports in EPA's CDX provided
that those reports were submitted under 40 CFR part 60, subpart WWW;
subpart GGG of this part; or a state plan implementing 40 CFR part 60,
subpart Cc. In the initial annual report, the process unit(s) tested,
the pollutant(s) tested and the date that such performance test was
conducted may be submitted in lieu of the performance test report if
the report has been previously submitted to the EPA's CDX. The initial
performance test report must be submitted, following the procedure
specified in paragraph (j)(1) of this section, no later than the date
that the initial annual report is submitted. For enclosed combustion
devices and flares, reportable exceedances are defined under Sec.
62.16726(c)(1). Legacy controlled landfills are required to submit the
annual report no later than one year after the most recent annual
report submitted. If complying with the operational provisions of
Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, as allowed at
Sec. Sec.  62.16716, 62.16720, and 62.16722, the owner or operator must
follow the semi-annual reporting requirements in Sec.  63.1981(h) of
this chapter in lieu of this paragraph.
    (1) Value and length of time for exceedance of applicable
parameters monitored under Sec.  62.16722(a)(1), (b), (c), (d), and
(g).
    (2) Description and duration of all periods when the gas stream was
diverted from the control device or treatment system through a bypass
line or the indication of bypass flow as specified under Sec.
62.16722.
    (3) Description and duration of all periods when the control device
or treatment system was not operating and length of time the control
device or treatment system was not operating.
    (4) All periods when the collection system was not operating.
    (5) The location of each exceedance of the 500 parts-per-million
methane concentration as provided in Sec.  62.16716(d) and the
concentration recorded at each location for which an exceedance was
recorded in the previous month. For location, you must determine the
latitude and longitude coordinates using an instrument with an accuracy
of at least 4 meters. The coordinates must be in decimal degrees with
at least five decimal places.
    (6) The date of installation and the location of each well or
collection system expansion added pursuant to Sec.  62.16720(a)(3),
(4), (b), and (c)(4).
    (7) For any corrective action analysis for which corrective actions
are required in Sec.  62.16720(a)(3) or (4) and that take more than 60
days to correct the exceedance, the root cause analysis conducted,
including a description of the recommended corrective action(s), the
date for corrective action(s) already completed following the positive
pressure or elevated temperature reading, and, for action(s) not
already completed, a schedule for implementation, including proposed
commencement and completion dates.
    (i) Initial performance test report. Each owner or operator seeking
to comply with Sec.  62.16714(c) must include the following information
with the initial performance test report required under 40 CFR 60.8 of
this chapter:
    (1) A diagram of the collection system showing collection system
positioning including all wells, horizontal collectors, surface
collectors, or other gas extraction devices, including the locations of
any areas excluded from collection and the proposed sites for the
future collection system expansion;
    (2) The data upon which the sufficient density of wells, horizontal
collectors, surface collectors, or other gas

extraction devices and the gas mover equipment sizing are based;
    (3) The documentation of the presence of asbestos or nondegradable
material for each area from which collection wells have been excluded
based on the presence of asbestos or nondegradable material;
    (4) The sum of the gas generation flow rates for all areas from
which collection wells have been excluded based on nonproductivity and
the calculations of gas generation flow rate for each excluded area;
    (5) The provisions for increasing gas mover equipment capacity with
increased gas generation flow rate, if the present gas mover equipment
is inadequate to move the maximum flow rate expected over the life of
the landfill; and
    (6) The provisions for the control of off-site migration.
    (j) Electronic reporting. The owner or operator must submit reports
electronically according to paragraphs (j)(1) and (2) of this section.
    (1) Within 60 days after the date of completing each performance
test (as defined in 40 CFR 60.8 of this chapter), the owner or operator
must submit the results of each performance test according to the
following procedures:
    (i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the
test, you must submit the results of the performance test to the EPA
via the Compliance and Emissions Data Reporting Interface (CEDRI). The
CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov/).
Performance test data must be submitted in a file format generated
through the use of the EPA's ERT or an alternative file format
consistent with the extensible markup language (XML) schema listed on
the EPA's ERT website, once the XML schema is available. If you claim
that some of the performance test information being submitted is
confidential business information (CBI), you must submit a complete
file generated through the use of the EPA's ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
website, including information claimed to be CBI, on a compact disc,
flash drive, or other commonly used electronic storage media to the
EPA. The electronic media must be clearly marked as CBI and mailed to
U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same
ERT or alternate file with the CBI omitted must be submitted to the EPA
via the EPA's CDX as described earlier in this paragraph.
    (ii) For data collected using test methods that are not supported
by the EPA's ERT as listed on the EPA's ERT website at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in 40 CFR 60.4 of this
chapter.
    (2) Each owner or operator required to submit reports following the
procedure specified in this paragraph must submit reports to the EPA
via the CEDRI (CEDRI can be accessed through the EPA's CDX). The owner
or operator must use the appropriate electronic report in CEDRI for
this subpart or an alternate electronic file format consistent with the
XML schema listed on the CEDRI website (https://www3.epa.gov/ttn/chief/cedri/index.html). If the reporting form specific to this subpart is
not available in CEDRI at the time that the report is due, the owner or
operator must submit the report to the Administrator at the appropriate
address listed in 40 CFR 60.4 of this chapter. Once the form has been
available in CEDRI for 90 calendar days, the owner or operator must
begin submitting all subsequent reports via CEDRI. The reports must be
submitted by the deadlines specified in this subpart, regardless of the
method in which the reports are submitted.
    (k) Corrective action and the corresponding timeline. The owner or
operator must submit according to paragraphs (k)(1) and (2) of this
section. If complying with the operational provisions of 40 CFR
63.1958, 63.1960, and 63.1961 of this chapter, as allowed at Sec. Sec.
62.16716, 62.16720, and 62.16722, the owner or operator must follow the
corrective action and the corresponding timeline reporting requirements
in Sec.  63.1981(j) of this chapter in lieu of paragraphs (k)(1) and
(2) of this section.
    (1) For corrective action that is required according to Sec.
62.16720(a)(3)(iii) or 62.16720(a)(4)(iii) and is expected to take
longer than 120 days after the initial exceedance to complete, you must
submit the root cause analysis, corrective action analysis, and
corresponding implementation timeline to the Administrator as soon as
practicable but no later than 75 days after the first measurement of
positive pressure or temperature monitoring value of 55 degrees Celsius
(131 degrees Fahrenheit) or above. The Administrator must approve the
plan for corrective action and the corresponding timeline.
    (2) For corrective action that is required according to Sec.
62.16720(a)(3)(iii) or Sec.  62.16720(a)(4)(iii) and is not completed
within 60 days after the initial exceedance, you must submit a
notification to the Administrator as soon as practicable but no later
than 75 days after the first measurement of positive pressure or
temperature exceedance.
    (l) Liquids addition. The owner or operator of a designated
facility with a design capacity equal to or greater than 2.5 million
megagrams and 2.5 million cubic meters that has employed leachate
recirculation or added liquids based on a Research, Development, and
Demonstration permit (issued through Resource Conservation and Recovery
Act (RCRA), subtitle D, part 258) within the last 10 years must submit
to the Administrator, annually, following the procedure specified in
paragraph (j)(2) of this section, the following information:
    (1) Volume of leachate recirculated (gallons per year) and the
reported basis of those estimates (records or engineering estimates).
    (2) Total volume of all other liquids added (gallons per year) and
the reported basis of those estimates (records or engineering
estimates).
    (3) Surface area (acres) over which the leachate is recirculated
(or otherwise applied).
    (4) Surface area (acres) over which any other liquids are applied.
    (5) The total waste disposed (megagrams) in the areas with
recirculated leachate and/or added liquids based on on-site records to
the extent data are available, or engineering estimates and the
reported basis of those estimates.
    (6) The annual waste acceptance rates (megagrams per year) in the
areas with recirculated leachate and/or added liquids, based on on-site
records to the extent data are available, or engineering estimates.
    (7) The initial report must contain items in paragraph (l)(1)
through (6) of this section per year for the most recent 365 days as
well as for each of the previous 10 years, to the extent historical
data are available in on-site records, and the report must be submitted
no later than June 21, 2022.
    (8) Subsequent annual reports must contain items in paragraph
(l)(1) through (6) of this section for the 365-day period following the
365-day period included in the previous annual report, and the report
must be submitted no later than 365 days after the date the previous
report was submitted.
    (9) Landfills in the closed landfill subcategory are exempt from
reporting

requirements contained in paragraphs (l)(1) through (7) of this
section.
    (10) Landfills may cease annual reporting of items in paragraphs
(l)(1) through (6) of this section once they have submitted the closure
report in Sec.  62.16724(f).
    (m) Tier 4 notification. (1) The owner or operator of a designated
facility with a design capacity equal to or greater than 2.5 million
megagrams and 2.5 million cubic meters must provide a notification of
the date(s) upon which it intends to demonstrate site-specific surface
methane emissions are below 500 parts-per-million methane, based on the
Tier 4 provisions of Sec.  62.16718(a)(6). The landfill must also
include a description of the wind barrier to be used during the SEM in
the notification. Notification must be postmarked not less than 30 days
prior to such date.
    (2) If there is a delay to the scheduled Tier 4 SEM date due to
weather conditions, including not meeting the wind requirements in
Sec.  62.16718(a)(6)(A), the owner or operator of a landfill shall
notify the Administrator by email or telephone no later than 48 hours
before any known delay in the original test date, and arrange an
updated date with the Administrator by mutual agreement.
    (n) Notification of meeting Tier 4. The owner or operator of a
designated facility must submit a notification to the EPA Regional
office within 10 business days of completing each increment of
progress. Each notification must indicate which increment of progress
specified in Sec.  62.16712 has been achieved. The notification must be
signed by the owner or operator of the landfill.
    (1) For the first increment of progress (submit control plan), you
must follow paragraph (p) of this section in addition to submitting the
notification described in paragraph (n) of this section. A copy of the
design plan must also be kept on site at the landfill.
    (2) For the second increment of progress, a signed copy of the
contract(s) awarded must be submitted in addition to the notification
described in paragraph (n) of this section.
    (o) Notification of failing to meet an increment of progress. The
owner or operator of a designated facility who fails to meet any
increment of progress specified in Sec.  62.16712(a)(1) through (5)
according to the applicable schedule in Sec.  62.16712 must submit
notification that the owner or operator failed to meet the increment to
the EPA Regional office within 10 business days of the applicable date
in Sec.  62.16712.
    (p) Alternate dates for increments 2 and 3. The owner or operator
(or the state or tribal air pollution control authority) that is
submitting alternative dates for increments 2 and 3 according to Sec.
62.16712(d) must do so by the date specified for submitting the final
control plan. The date for submitting the final control plan is
specified in Sec.  62.16712(c), as applicable. The owner or operator
(or the state or tribal air pollution control authority) must submit a
justification if any of the alternative dates are later than the
increment dates in table 1 of this subpart. In addition to submitting
the alternative dates to the appropriate EPA Regional office, the owner
or operator must also submit the alternative dates to the state or
tribe.
    (q) 24-hour high temperature report. Each owner or operator that
chooses to comply with the provisions in Sec. Sec.  63.1958, 63.1960,
and 63.1961 of this chapter, as allowed in Sec. Sec.  62.16716,
62.16720, and 62.16722, must submit the 24-hour high temperature report
according to Sec.  63.1981(k) of this chapter.

Sec.  62.16726  Recordkeeping guidelines.

    Follow the recordkeeping provisions in this section.
    (a) Except as provided in Sec.  62.16724(d)(2), each owner or
operator of an MSW landfill subject to the provisions of Sec.
62.16714(e) must keep for at least 5 years up-to-date, readily
accessible, on-site records of the design capacity report that
triggered Sec.  62.16714(e), the current amount of solid waste in-
place, and the year-by-year waste acceptance rate. Off-site records may
be maintained if they are retrievable within 4 hours. Either paper copy
or electronic formats are acceptable.
    (b) Except as provided in Sec.  62.16724(d)(2), each owner or
operator of a controlled landfill must keep up-to-date, readily
accessible records for the life of the control system equipment of the
data listed in paragraphs (b)(1) through (5) of this section as
measured during the initial performance test or compliance
determination. Records of subsequent tests or monitoring must be
maintained for a minimum of 5 years. Records of the control device
vendor specifications must be maintained until removal.
    (1) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  62.16714(b):
    (i) The maximum expected gas generation flow rate as calculated in
Sec.  62.16720(a)(1). The owner or operator may use another method to
determine the maximum gas generation flow rate, if the method has been
approved by the Administrator.
    (ii) The density of wells, horizontal collectors, surface
collectors, or other gas extraction devices determined using the
procedures specified in Sec.  62.16728(a)(1).
    (2) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  62.16714(c) through
use of an enclosed combustion device other than a boiler or process
heater with a design heat input capacity equal to or greater than 44
megawatts:
    (i) The average temperature measured at least every 15 minutes and
averaged over the same time period of the performance test.
    (ii) The percent reduction of NMOC determined as specified in Sec.
62.16714(c)(2) achieved by the control device.
    (3) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  62.16714(c)(2)(i)
through use of a boiler or process heater of any size: A description of
the location at which the collected gas vent stream is introduced into
the boiler or process heater over the same time period of the
performance testing.
    (4) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  62.16714(c)(1)
through use of a non-enclosed flare, the flare type (i.e., steam-
assisted, air-assisted, or non-assisted), all visible emission
readings, heat content determination, flow rate or bypass flow rate
measurements, and exit velocity determinations made during the
performance test as specified in 40 CFR 60.18 of this chapter; and
continuous records of the flare pilot flame or flare flame monitoring
and records of all periods of operations during which the pilot flame
or the flare flame is absent.
    (5) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  62.16714(c)(3)
through use of a landfill gas treatment system:
    (i) Bypass records. Records of the flow of landfill gas to, and
bypass of, the treatment system.
    (ii) Site-specific treatment monitoring plan. A site-specific
treatment monitoring plan, to include:
    (A) Monitoring records of parameters that are identified in the
treatment system monitoring plan and that ensure the treatment system
is operating properly for each intended end use of the treated landfill
gas. At a minimum, records should include records of filtration, de-
watering, and compression parameters that ensure the treatment system
is operating properly for each

intended end use of the treated landfill gas.
    (B) Monitoring methods, frequencies, and operating ranges for each
monitored operating parameter based on manufacturer's recommendations
or engineering analysis for each intended end use of the treated
landfill gas.
    (C) Documentation of the monitoring methods and ranges, along with
justification for their use.
    (D) Identify who is responsible (by job title) for data collection.
    (E) Processes and methods used to collect the necessary data.
    (F) Description of the procedures and methods that are used for
quality assurance, maintenance, and repair of all continuous monitoring
systems.
    (c) Except as provided in Sec.  62.16724(d)(2), each owner or
operator of a controlled landfill subject to the provisions of this
subpart must keep for 5 years up-to-date, readily accessible continuous
records of the equipment operating parameters specified to be monitored
in Sec.  62.16722 as well as up-to-date, readily accessible records for
periods of operation during which the parameter boundaries established
during the most recent performance test are exceeded.
    (1) The following constitute exceedances that must be recorded and
reported under Sec.  62.16724:
    (i) For enclosed combustors except for boilers and process heaters
with design heat input capacity of 44 megawatts (150 million British
thermal unit per hour) or greater, all 3-hour periods of operation
during which the average temperature was more than 28 degrees Celsius
(82 degrees Fahrenheit) below the average combustion temperature during
the most recent performance test at which compliance with Sec.
62.16714(c) was determined.
    (ii) For boilers or process heaters, whenever there is a change in
the location at which the vent stream is introduced into the flame zone
as required under paragraph (b)(3) of this section.
    (2) Each owner or operator subject to the provisions of this
subpart must keep up-to-date, readily accessible continuous records of
the indication of flow to the control system and the indication of
bypass flow or records of monthly inspections of car-seals or lock-and-
key configurations used to seal bypass lines, specified under Sec.
62.16722.
    (3) Each owner or operator subject to the provisions of this
subpart who uses a boiler or process heater with a design heat input
capacity of 44 megawatts or greater to comply with Sec.  62.16714(c)
must keep an up-to-date, readily accessible record of all periods of
operation of the boiler or process heater. Examples of such records
could include records of steam use, fuel use, or monitoring data
collected pursuant to other state, local, tribal, or Federal regulatory
requirements.
    (4) Each owner or operator seeking to comply with the provisions of
this subpart by use of a non-enclosed flare must keep up-to-date,
readily accessible continuous records of the flame or flare pilot flame
monitoring specified under Sec.  62.16722(c), and up-to-date, readily
accessible records of all periods of operation in which the flame or
flare pilot flame is absent.
    (5) Each owner or operator of a landfill seeking to comply with
Sec.  62.16714(e) using an active collection system designed in
accordance with Sec.  62.16714(b) must keep records of periods when the
collection system or control device is not operating.
    (d) Except as provided in Sec.  62.16724(d)(2), each owner or
operator subject to the provisions of this subpart must keep for the
life of the collection system an up-to-date, readily accessible plot
map showing each existing and planned collector in the system and
providing a unique identification location label on each collector that
matches the labeling on the plot map.
    (1) Each owner or operator subject to the provisions of this
subpart must keep up-to-date, readily accessible records of the
installation date and location of all newly installed collectors as
specified under Sec.  62.16720(b).
    (2) Each owner or operator subject to the provisions of this
subpart must keep readily accessible documentation of the nature, date
of deposition, amount, and location of asbestos-containing or
nondegradable waste excluded from collection as provided in Sec.
62.16728(a)(3)(i) as well as any nonproductive areas excluded from
collection as provided in Sec.  62.16728(a)(3)(ii).
    (e) Except as provided in Sec.  62.16724(d)(2), each owner or
operator subject to the provisions of this subpart must keep for at
least 5 years up-to-date, readily accessible records of the items in
paragraphs (e)(1) through (5) of this section. Each owner or operator
that chooses to comply with the provisions in Sec. Sec.  63.1958,
63.1960, and 63.1961 of this chapter, as allowed in Sec. Sec.
62.16716, 62.16720, and 62.16722, must keep the records in paragraph
(e)(6) of this section and must keep records according to Sec.
63.1983(e)(1) through (5) of this chapter in lieu of paragraphs (e)(1)
through (5) of this section.
    (1) All collection and control system exceedances of the
operational standards in Sec.  62.16716, the reading in the subsequent
month whether or not the second reading is an exceedance, and the
location of each exceedance.
    (2) Each owner or operator subject to the provisions of this
subpart must also keep records of each wellhead temperature monitoring
value of 55 degrees Celsius (131 degrees Fahrenheit) or above, each
wellhead nitrogen level at or above 20 percent, and each wellhead
oxygen level at or above 5 percent.
    (3) For any root cause analysis for which corrective actions are
required in Sec.  62.16720(a)(3) or Sec.  62.16720(a)(4), keep a record
of the root cause analysis conducted, including a description of the
recommended corrective action(s) taken, and the date(s) the corrective
action(s) were completed.
    (4) For any root cause analysis for which corrective actions are
required in Sec.  62.16720(a)(3)(ii) or Sec.  62.16720(a)(4)(ii), keep
a record of the root cause analysis conducted, the corrective action
analysis, the date for corrective action(s) already completed following
the positive pressure reading or high temperature reading, and, for
action(s) not already completed, a schedule for implementation,
including proposed commencement and completion dates.
    (5) For any root cause analysis for which corrective actions are
required in Sec.  62.16720(a)(3)(iii) or Sec.  62.16720(a)(4)(iii),
keep a record of the root cause analysis conducted, the corrective
action analysis, the date for corrective action(s) already completed
following the positive pressure reading or high temperature reading,
for action(s) not already completed, a schedule for implementation,
including proposed commencement and completion dates, and a copy of any
comments or final approval on the corrective action analysis or
schedule from the regulatory agency.
    (6) Each owner or operator that chooses to comply with the
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter,
as allowed in Sec. Sec.  62.16716, 62.16720, and 62.16722, must keep
records of the date upon which the owner or operator started complying
with the provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this
chapter.
    (f) Landfill owners or operators who convert design capacity from
volume to mass or mass to volume to demonstrate that landfill design
capacity is less than 2.5 million megagrams or 2.5 million cubic
meters, as provided in the definition of ``design capacity,'' must keep
readily accessible, on-site records of the annual recalculation of
site-specific density, design capacity, and

the supporting documentation. Off-site records may be maintained if
they are retrievable within 4 hours. Either paper copy or electronic
formats are acceptable.
    (g) Landfill owners or operators seeking to demonstrate that site-
specific surface methane emissions are below 500 parts-per-million by
conducting SEM under the Tier 4 procedures specified in Sec.
62.16718(a)(6) must keep for at least 5 years up-to-date, readily
accessible records of all SEM and information related to monitoring
instrument calibrations conducted according to sections 8 and 10 of EPA
Method 21 of appendix A-7 of 40 CFR part 60 of this chapter, including
all of the following items:
    (1) Calibration records.
    (i) Date of calibration and initials of operator performing the
calibration.
    (ii) Calibration gas cylinder identification, certification date,
and certified concentration.
    (iii) Instrument scale(s) used.
    (iv) A description of any corrective action taken if the meter
readout could not be adjusted to correspond to the calibration gas
value.
    (v) If an owner or operator makes their own calibration gas, a
description of the procedure used.
    (2) Digital photographs of the instrument setup. The photographs
must be time and date-stamped and taken at the first sampling location
prior to sampling and at the last sampling location after sampling at
the end of each sampling day, for the duration of the Tier 4 monitoring
demonstration.
    (3) Timestamp of each surface scan reading.
    (i) Timestamp should be detailed to the nearest second, based on
when the sample collection begins.
    (ii) A log for the length of time each sample was taken using a
stopwatch (e.g., the time the probe was held over the area).
    (4) Location of each surface scan reading. The owner or operator
must determine the coordinates using an instrument with an accuracy of
at least 4 meters. Coordinates must be in decimal degrees with at least
five decimal places.
    (5) Monitored methane concentration (parts per million) of each
reading.
    (6) Background methane concentration (parts per million) after each
instrument calibration test.
    (7) Adjusted methane concentration using most recent calibration
(parts-per-million).
    (8) For readings taken at each surface penetration, the unique
identification location label matching the label specified in paragraph
(d) of this section.
    (9) Records of the operating hours of the gas collection system for
each destruction device.
    (h) Except as provided in Sec.  62.16724(d)(2), each owner or
operator subject to the provisions of this subpart must keep for at
least 5 years up-to-date, readily accessible records of all collection
and control system monitoring data for parameters measured in Sec.
62.16722(a)(1), (2), and (3).
    (i) Any records required to be maintained by this subpart that are
submitted electronically via the EPA's CDX may be maintained in
electronic format.
    (j) For each owner or operator reporting leachate or other liquids
addition under Sec.  62.16724(l), keep records of any engineering
calculations or company records used to estimate the quantities of
leachate or liquids added, the surface areas for which the leachate or
liquids were applied, and the estimates of annual waste acceptance or
total waste in place in the areas where leachate or liquids were
applied.

Sec.  62.16728  Specifications for active collection systems.

    Follow the specifications for active collection systems in this
section.
    (a) Each owner or operator seeking to comply with Sec.  62.16714(b)
must site active collection wells, horizontal collectors, surface
collectors, or other extraction devices at a sufficient density
throughout all gas producing areas using the following procedures
unless alternative procedures have been approved by the Administrator.
    (1) The collection devices within the interior must be certified to
achieve comprehensive control of surface gas emissions by a
professional engineer. The following issues must be addressed in the
design: Depths of refuse, refuse gas generation rates and flow
characteristics, cover properties, gas system expandability, leachate
and condensate management, accessibility, compatibility with filling
operations, integration with closure end use, air intrusion control,
corrosion resistance, fill settlement, resistance to the refuse
decomposition heat, and ability to isolate individual components or
sections for repair or troubleshooting without shutting down entire
collection system.
    (2) The sufficient density of gas collection devices determined in
paragraph (a)(1) of this section must address landfill gas migration
issues and augmentation of the collection system through the use of
active or passive systems at the landfill perimeter or exterior.
    (3) The placement of gas collection devices determined in paragraph
(a)(1) of this section must control all gas producing areas, except as
provided by paragraphs (a)(3)(i) and (ii) of this section.
    (i) Any segregated area of asbestos or nondegradable material may
be excluded from collection if documented as provided under Sec.
62.16726(d). The documentation must provide the nature, date of
deposition, location and amount of asbestos or nondegradable material
deposited in the area, and must be provided to the Administrator upon
request.
    (ii) Any nonproductive area of the landfill may be excluded from
control, provided that the total of all excluded areas can be shown to
contribute less than 1 percent of the total amount of NMOC emissions
from the landfill. The amount, location, and age of the material must
be documented and provided to the Administrator upon request. A
separate NMOC emissions estimate must be made for each section proposed
for exclusion, and the sum of all such sections must be compared to the
NMOC emissions estimate for the entire landfill.
    (A) The NMOC emissions from each section proposed for exclusion
must be computed using Equation 7:

[GRAPHIC] [TIFF OMITTED] TR21MY21.010

Where:

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

    (B) If the owner or operator is proposing to exclude, or cease gas
collection and control from, nonproductive physically separated (e.g.,
separately lined) closed areas that already have gas collection
systems, NMOC emissions from each physically separated closed area must
be computed using either Equation 3 in Sec.  62.16718 or Equation 7 in
paragraph (a)(3)(ii)(A) of this section.
    (iii) The values for k and CNMOC determined in field
testing must be used if field testing has been performed in determining
the NMOC emission rate or the radii of influence (the distance from the
well center to a point in the landfill where the pressure gradient
applied by the blower or compressor approaches zero). If field testing
has not been performed, the default values for k, Lo, and
CNMOC provided in Sec.  62.16718 or the alternative values
from Sec.  62.16718 must be used. The mass of nondegradable solid waste
contained within the given section may be subtracted from the total
mass of the section when estimating emissions provided the nature,
location, age, and amount of the nondegradable material is documented
as provided in paragraph (a)(3)(i) of this section.
    (b) Each owner or operator seeking to comply with Sec.  62.16714(b)
must construct the gas collection devices using the following equipment
or procedures:
    (1) The landfill gas extraction components must be constructed of
polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe,
fiberglass, stainless steel, or other nonporous corrosion resistant
material of suitable dimensions to: Convey projected amounts of gases;
withstand installation, static, and settlement forces; and withstand
planned overburden or traffic loads. The collection system must extend
as necessary to comply with emission and migration standards.
Collection devices such as wells and horizontal collectors must be
perforated to allow gas entry without head loss sufficient to impair
performance across the intended extent of control. Perforations must be
situated with regard to the need to prevent excessive air infiltration.
    (2) Vertical wells must be placed so as not to endanger underlying
liners and must address the occurrence of water within the landfill.
Holes and trenches constructed for piped wells and horizontal
collectors must be of sufficient cross-section so as to allow for their
proper construction and completion including, for example, centering of
pipes and placement of gravel backfill. Collection devices must be
designed so as not to allow indirect short circuiting of air into the
cover or refuse into the collection system or gas into the air. Any
gravel used around pipe perforations should be of a dimension so as not
to penetrate or block perforations.
    (3) Collection devices may be connected to the collection header
pipes below or above the landfill surface. The connector assembly must
include a positive closing throttle valve, any necessary seals and
couplings, access couplings and at least one sampling port. The
collection devices must be constructed of PVC, HDPE, fiberglass,
stainless steel, or other nonporous material of suitable thickness.
    (c) Each owner or operator seeking to comply with Sec.  62.16714(c)
must convey the landfill gas to a control system in compliance with
Sec.  62.16714(c) through the collection header pipe(s). The gas mover
equipment must be sized to handle the maximum gas generation flow rate
expected over the intended use period of the gas moving equipment using
the following procedures:
    (1) For existing collection systems, the flow data must be used to
project the maximum flow rate. If no flow data exist, the procedures in
paragraph (c)(2) of this section must be used.
    (2) For new collection systems, the maximum flow rate must be in
accordance with Sec.  62.16720(a)(1).

Sec.  62.16730   Definitions.

    Terms used but not defined in this subpart have the meaning given
them in the Clean Air Act and in subparts A and B of 40 CFR part 60 of
this chapter.
    Achieve final compliance means to connect and operate the
collection and control system as specified in the final control plan.
Within 180 days after the date the landfill is required to achieve
final compliance, the initial performance test must be conducted.
    Active collection system means a gas collection system that uses
gas mover equipment.
    Active landfill means a landfill in which solid waste is being
placed or a landfill that is planned to accept waste in the future.
    Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or the
Administrator of a state air pollution control agency.
    Award contract means the MSW landfill owner or operator enters into
legally binding agreements or contractual obligations that cannot be
canceled or modified without substantial financial loss to the MSW
landfill owner or operator. The MSW landfill owner or operator may
award a number of contracts to install the collection and control
system. To meet this increment of progress, the MSW landfill owner or
operator must award a contract or contracts to initiate on-site
construction or installation of the collection and control system.
    Closed landfill means a landfill in which solid waste is no longer
being placed, and in which no additional solid wastes will be placed
without first filing a notification of modification as prescribed under
40 CFR 60.7(a)(4) of this chapter. Once a notification of modification
has been filed, and additional solid waste is placed in the landfill,
the landfill is no longer closed.
    Closed area means a separately lined area of an MSW landfill in
which solid waste is no longer being placed. If additional solid waste
is placed in that area of the landfill, that landfill area is no longer
closed. The area must be separately lined to ensure that the landfill
gas does not migrate between open and closed areas.
    Closed landfill subcategory means a closed landfill that has
submitted a closure report as specified in Sec.  62.16724(f) on or
before September 27, 2017.
    Closure means that point in time when a landfill becomes a closed
landfill.
    Commercial solid waste means all types of solid waste generated by
stores, offices, restaurants, warehouses, and other nonmanufacturing
activities, excluding residential and industrial wastes.
    Complete on-site construction means that all necessary collection
system components and air pollution control devices identified in the
final control

plan are on site, in place, and ready for operation.
    Controlled landfill means any landfill at which collection and
control systems are required under this subpart as a result of the NMOC
emission rate. The landfill is considered controlled at the time a
collection and control system design plan is prepared in compliance
with Sec.  62.16714(e)(2). Controlled landfills also includes those
landfills that meet the definition of legacy controlled landfills, as
defined in this subpart.
    Corrective action analysis means a description of all reasonable
interim and long-term measures, if any, that are available, and an
explanation of why the selected corrective action(s) is/are the best
alternative(s), including, but not limited to, considerations of cost
effectiveness, technical feasibility, safety, and secondary impacts.
    Design capacity means the maximum amount of solid waste a landfill
can accept, as indicated in terms of volume or mass in the most recent
permit issued by the state, local, or tribal agency responsible for
regulating the landfill, plus any in-place waste not accounted for in
the most recent permit. If the owner or operator chooses to convert the
design capacity from volume to mass or from mass to volume to
demonstrate its design capacity is less than 2.5 million megagrams or
2.5 million cubic meters, the calculation must include a site-specific
density, which must be recalculated annually.
    Disposal facility means all contiguous land and structures, other
appurtenances, and improvements on the land used for the disposal of
solid waste.
    Emission rate cutoff means the threshold annual emission rate to
which a landfill compares its estimated emission rate to determine if
control under the regulation is required.
    Enclosed combustor means an enclosed firebox which maintains a
relatively constant limited peak temperature generally using a limited
supply of combustion air. An enclosed flare is considered an enclosed
combustor.
    EPA approved state plan means a state plan that EPA has approved
based on the requirements in 40 CFR part 60, subpart B or Ba to
implement and enforce 40 CFR part 60, subpart Cf. An approved state
plan becomes effective on the date specified in the document published
in the Federal Register announcing EPA's approval.
    Flare means an open combustor without enclosure or shroud.
    Final control plan (Collection and control system design plan)
means a plan that describes the collection and control system that will
capture the gas generated within an MSW landfill. The collection and
control system design plan must be prepared by a professional engineer
and must describe a collection and control system that meets the
requirements of Sec.  62.1614(b) and (c). The final control plan must
contain engineering specifications and drawings of the collection and
control system. The final control plan must include any alternatives to
the operational standards, test methods, procedures, compliance
measures, monitoring, recordkeeping, or reporting provisions of
Sec. Sec.  62.16716 through 62.16726 proposed by the owner or operator.
The final control plan must either conform with the specifications for
active collection systems in Sec.  62.16728 or include a demonstration
that shows that based on the size of the landfill and the amount of
waste expected to be accepted, the system is sized properly to collect
the gas, control emissions of NMOC to the required level and meet the
operational standards for a landfill.
    Gas mover equipment means the equipment (i.e., fan, blower,
compressor) used to transport landfill gas through the header system.
    Gust means the highest instantaneous wind speed that occurs over a
3-second running average.
    Indian Country means all land within the limits of any Indian
reservation under the jurisdiction of the United States government,
notwithstanding the issuance of any patent, and including rights-of-way
running through the reservation; all dependent Indian communities
within the borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or without
the limits of a state; and all Indian allotments, the Indian titles to
which have not been extinguished, including rights-of-way running
through the same.
    Initiate on-site construction means to begin any of the following:
Installation of the collection and control system to be used to comply
with the emission limits as outlined in the final control plan;
physical preparation necessary for the installation of the collection
and control system to be used to comply with the final emission limits
as outlined in the final control plan; or, alteration of an existing
collection and control system to be used to comply with the final
emission limits as outlined in the final control plan.
    Household waste means any solid waste (including garbage, trash,
and sanitary waste in septic tanks) derived from households (including,
but not limited to, single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas). Household waste does not
include fully segregated yard waste. Segregated yard waste means
vegetative matter resulting exclusively from the cutting of grass, the
pruning and/or removal of bushes, shrubs, and trees, the weeding of
gardens, and other landscaping maintenance activities. Household waste
does not include construction, renovation, or demolition wastes, even
if originating from a household.
    Industrial solid waste means solid waste generated by manufacturing
or industrial processes that is not a hazardous waste regulated under
Subtitle C of the RCRA, parts 264 and 265 of this chapter. Such waste
may include, but is not limited to, waste resulting from the following
manufacturing processes: Electric power generation; fertilizer/
agricultural chemicals; food and related products/by-products;
inorganic chemicals; iron and steel manufacturing; leather and leather
products; nonferrous metals manufacturing/foundries; organic chemicals;
plastics and resins manufacturing; pulp and paper industry; rubber and
miscellaneous plastic products; stone, glass, clay, and concrete
products; textile manufacturing; transportation equipment; and water
treatment. This term does not include mining waste or oil and gas
waste.
    Interior well means any well or similar collection component
located inside the perimeter of the landfill waste. A perimeter well
located outside the landfilled waste is not an interior well.
    Landfill means an area of land or an excavation in which wastes are
placed for permanent disposal, and that is not a land application unit,
surface impoundment, injection well, or waste pile as those terms are
defined under Sec.  257.2 of this title.
    Lateral expansion means a horizontal expansion of the waste
boundaries of an existing MSW landfill. A lateral expansion is not a
modification unless it results in an increase in the design capacity of
the landfill.
    Leachate recirculation means the practice of taking the leachate
collected from the landfill and reapplying it to the landfill by any of
one of a variety of methods, including pre-wetting of the waste, direct
discharge into the working face, spraying, infiltration ponds, vertical
injection wells, horizontal gravity distribution systems, and pressure
distribution systems.

    Legacy controlled landfill means any MSW landfill subject to this
subpart that submitted a collection and control system design plan
prior to May 21, 2021 in compliance with Sec.  60.752(b)(2)(i) of this
chapter, the Federal plan at subpart GGG of this part, or a state/
tribal plan implementing 40 CFR part 60, subpart Cc of this chapter,
depending on which regulation was applicable to the landfill. This
definition applies to those landfills that completed construction and
began operations of the GCCS and those that are within the 30-month
timeline for installation and start-up of a GCCS according to Sec.
60.752(b)(2)(ii) of this chapter, the Federal plan at subpart GGG of
this part, or a state/tribal plan implementing 40 CFR part 60, subpart
Cc.
    Modification means an increase in the permitted volume design
capacity of the landfill by either lateral or vertical expansion based
on its permitted design capacity as of July 17, 2014. Modification does
not occur until the owner or operator commences construction on the
lateral or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire
disposal facility in a contiguous geographical space where household
waste is placed in or on land. An MSW landfill may also receive other
types of RCRA, Subtitle D wastes (Sec.  257.2 of this title) such as
commercial solid waste, nonhazardous sludge, conditionally exempt small
quantity generator waste, and industrial solid waste. Portions of an
MSW landfill may be separated by access roads. An MSW landfill may be
publicly or privately owned. An MSW landfill may be a new MSW landfill,
an existing MSW landfill, or a lateral expansion.
    Municipal solid waste landfill emissions or MSW landfill emissions
means gas generated by the decomposition of organic waste deposited in
an MSW landfill or derived from the evolution of organic compounds in
the waste.
    NMOC means nonmethane organic compounds, as measured according to
the provisions of Sec.  62.16718.
    Negative declaration letter means a letter to EPA declaring that
there are no existing MSW landfills in the state or that there are no
existing MSW landfills in the state that must install collection and
control systems according to the requirements of 40 CFR part 60,
subpart Cf.
    Nondegradable waste means any waste that does not decompose through
chemical breakdown or microbiological activity. Examples are, but are
not limited to, concrete, municipal waste combustor ash, and metals.
    Passive collection system means a gas collection system that solely
uses positive pressure within the landfill to move the gas rather than
using gas mover equipment.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, the Northern Mariana Islands, and the
Virgin Islands.
    Root cause analysis means an assessment conducted through a process
of investigation to determine the primary cause, and any other
contributing causes, of positive pressure at a wellhead.
    Sludge means the term sludge as defined in 40 CFR 258.2.
    Solid waste means the term solid waste as defined in 40 CFR 258.2.
    State means any of the 50 United States and the protectorates of
the United States.
    State plan means a plan submitted pursuant to section 111(d) of the
Clean Air Act and subpart B of part 60 of this chapter that implements
and enforces subpart Cf of 40 CFR part 60 of this chapter.
    Sufficient density means any number, spacing, and combination of
collection system components, including vertical wells, horizontal
collectors, and surface collectors necessary to maintain emission and
migration control as determined by measures of performance set forth in
this part.
    Sufficient extraction rate means a rate sufficient to maintain a
negative pressure at all wellheads in the collection system without
causing air infiltration, including any wellheads connected to the
system as a result of expansion or excess surface emissions, for the
life of the blower.
    Treated landfill gas means landfill gas processed in a treatment
system as defined in this subpart.
    Treatment system means a system that filters, de-waters, and
compresses landfill gas for sale or beneficial use.
    Tribal plan means a plan submitted by a Tribal Authority pursuant
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40
CFR part 60, subpart Cf.
    Untreated landfill gas means any landfill gas that is not treated
landfill gas.

            Table 1 to Subpart OOO of Part 62--Generic Compliance Schedule and Increments of Progress
----------------------------------------------------------------------------------------------------------------
                                   Date if using tiers 1, 2,                                Date if a legacy
            Increment                         or 3              Date if using tier 4       controlled landfill
----------------------------------------------------------------------------------------------------------------
Increment 1--Submit cover page of  1 year after initial NMOC  1 year after the first    1 year after the first
 final control plan.                emission rate report or    measured concentration    NMOC emission rate
                                    the first annual           of methane of 500 parts   report or the first
                                    emission rate report       per million or greater    annual emission rate
                                    showing NMOC emissions     from the surface of the   report showing NMOC
                                    >=34 megagrams per         landfill.                 emissions >=50
                                    year.\1\.                                            megagrams per year
                                                                                submitted under a
                                                                                previous regulation.\2\
Increment 2--Award Contracts.....  20 months after initial    20 months after the most  20 months after the most
                                    NMOC emission rate         recent NMOC emission      recent NMOC emission
                                    report or the first        rate report showing       rate report showing
                                    annual emission rate       NMOC emissions >=34       NMOC emissions >=50
                                    report showing NMOC        megagrams per year.       megagrams per year
                                    emissions >=34 megagrams                             submitted under a
                                    per year.\1\.                                        previous regulation.\2\
Increment 3--Begin on-site         24 months after initial    24 months after the most  24 months after the most
 construction.                      NMOC emission rate         recent NMOC emission      recent NMOC emission
                                    report or the first        rate report showing       rate report showing
                                    annual emission rate       NMOC emissions >=34       NMOC emissions >=50
                                    report showing NMOC        megagrams per year.       megagrams per year
                                    emissions >=34 megagrams                             submitted under a
                                    per year.\1\.                                        previous regulation.\2\
Increment 4--Complete on-site      30 months after initial    30 months after the most  30 months after the
 construction.                      NMOC emission rate         recent NMOC emission      first NMOC emission
                                    report or the first        rate report showing       rate report or the
                                    annual emission rate       NMOC emissions >=34       first annual emission
                                    report showing NMOC        megagrams per year.       rate report showing
                                    emissions >=34 megagrams                             NMOC emissions >=50
                                    per year.\1\.                                        megagrams submitted
                                                                                under a previous
                                                                                regulation.

Increment 5--Final compliance....  30 months after initial    30 months after the most  30 months after the
                                    NMOC emission rate         recent NMOC emission      first NMOC emission
                                    report or the first        rate report showing       rate report or the
                                    annual emission rate       NMOC emissions >=34       first annual emission
                                    report showing NMOC        megagrams per year.       rate report showing
                                    emissions >=34 megagrams                             NMOC emissions >=50
                                    per year.\1\.                                        megagrams submitted
                                                                                under a previous
                                                                                regulation.\2\
----------------------------------------------------------------------------------------------------------------
\1\ 50 megagrams per year NMOC for the closed landfill subcategory.
\2\ Previous regulation refers to 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan
  implementing 40 CFR part 60, subpart Cc. Increments of progress that have already been completed under
  previous regulations do not have to be completed again under this subpart.

[FR Doc. 2021-10109 Filed 5-20-21; 8:45 am]
BILLING CODE 6560-50-P