[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Rules and Regulations]
[Pages 27756-27790]
[FR Doc No: 2021-10109]

Vol. 86

Friday,

No. 97

May 21, 2021

Part IV

Environmental Protection Agency

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40 CFR Part 62

Federal Plan Requirements for Municipal Solid Waste Landfills That
Commenced Construction On or Before July 17, 2014, and Have Not Been
Modified or Reconstructed Since July 17, 2014; Final Rule

Federal Register / Vol. 86 , No. 97 / Friday, May 21, 2021 / Rules
and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2019-0338; FRL-10022-82-OAR]
RIN 2060-AU52

Federal Plan Requirements for Municipal Solid Waste Landfills
That Commenced Construction On or Before July 17, 2014, and Have Not
Been Modified or Reconstructed Since July 17, 2014

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, the U.S. Environmental Protection Agency (EPA)
is promulgating a Federal plan to implement the Emission Guidelines
(EG) and Compliance Times for Municipal Solid Waste (MSW) Landfills
(2016 MSW Landfills EG) for existing MSW landfills located in states
and Indian country where state plans or tribal plans are not in effect.
This MSW Landfills Federal Plan includes the same elements as required
for a state plan: Identification of legal authority and mechanisms for
implementation; inventory of designated facilities; emissions
inventory; emission limits; compliance schedules; a process for the EPA
or state review of design plans for site-specific gas collection and
control systems (GCCS); testing, monitoring, reporting and record
keeping requirements; and public hearing requirements. Additionally,
this action summarizes implementation and delegation of authority of
the MSW Landfills Federal Plan.

DATES: The final rule is effective on June 21, 2021. The incorporation
by reference (IBR) of certain publications listed in the rule is
approved by the Director of the Federal Register as of June 21, 2021.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2019-0338. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not
publicly available, e.g., Confidential Business Information or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov/ or in hard copy at the EPA Docket Center,
WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington,
DC. The EPA has temporarily suspended its Docket Center and Reading
Room for public visitors to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. The EPA continues to carefully
and continuously monitor information from the Centers for Disease
Control (CDC), local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
For further information on EPA Docket Center services and the current
status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Andrew Sheppard, Sector Policies and Programs Division (E143-
03), Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; and email
address<EMAIL_ADDRESS>For specific information regarding
the implementation of this Federal plan, contact the appropriate EPA
Regional office listed in Table 3 of this preamble.

SUPPLEMENTARY INFORMATION:
    Preamble acronyms and abbreviations. We use multiple acronyms and
terms in this preamble. While this list may not be exhaustive, to ease
the reading of this preamble and for reference purposes, the EPA
defines the following terms and acronyms here:

AG attorney general
CAA Clean Air Act
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
CHIEF Clearinghouse for Inventories and Emissions Factors
COVID-19 coronavirus disease of 2019
EG emission guidelines
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
GCCS gas collection and control system
IBR incorporation by reference
LFG landfill gas
m3 cubic meter
Mg megagram
MSW municipal solid waste
NMOC nonmethane organic compounds
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
ppm parts per million
PRA Paperwork Reduction Act
RFA Regulatory Flexible Act
RIN Regulatory Information Number
SEM surface emissions monitoring
UMRA Unfunded Mandate Reform Act
U.S.C. United States Code

    Organization of this document. The information in this preamble is
organized as follows:

I. General Information
    A. Does this final action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. Judicial Review
II. Background
    A. What is the regulatory development background for this final
action?
    B. What is the purpose of this action?
    C. What is a negative declaration letter?
    D. What is the status of state plan submittals?
    E. What are the elements of the MSW Landfills Federal Plan?
III. What are the designated facilities?
    A. What is a designated MSW landfill?
    B. How do I determine if my MSW landfill is covered by an
approved and effective state plan?
IV. Summary of Changes Since Proposal and Response to Comments
    A. Clarification of Requirements
    B. Inventory of Designated MSW Landfills
    C. Inventory of Emissions
V. Summary of Final MSW Landfills Federal Plan Requirements
    A. What are the final applicability requirements?
    B. What are the final compliance schedules?
    C. What are the final emissions limits and operating limits?
    D. What are the final performance testing and monitoring
requirements?
    E. What are the final recordkeeping and reporting requirements?
VI. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Mechanisms for Transferring Authority
    C. Implementing Authority
    D. Delegation of the Federal Plan and Retained Authorities
VII. Title V Operating Permits
    A. Title V Requirements for Existing MSW Landfills
    B. Title V and Delegation of Federal Plan
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    I. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR part 51
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)
    L. Clean Air Act Section 307(d)

I. General Information

A. Does this action apply to me?

    This final action addresses existing MSW landfills and associated
solid waste management programs and promulgates regulations that were
proposed on August 22, 2019 (84 FR 43745). For the purpose of this
regulation, existing MSW landfills are those that accepted waste after
November 8, 1987, and commenced construction on or before July 17,
2014. Table 1 of this preamble lists the associated regulated
industrial source categories that are the subject of this final action.
Table 1 of this preamble is not intended to be exhaustive, but rather
provides a guide for readers regarding the entities that this final
action is likely to affect. To determine whether a source would be
affected by this action, please examine the applicability criteria in
40 CFR 62.16711 being finalized here. Questions regarding the
applicability of this final action to a particular entity should be
directed to the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.

      Table 1--Industrial Source Categories Affected by This Action
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                                 Examples of potentially   NAICS code 1
        Source category             regulated entities
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Industry: Air and water          Solid waste landfills..          924110
 resource and solid waste
 management.
Industry: Refuse systems--solid  Solid waste landfills..          562212
 waste landfills.
State, local, and tribal         Administration of air            924110
 government agencies.             and water resource and
                                  solid waste management
                                  programs.
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1 North American Industry Classification System.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this action is available on the internet. Following signature by the
EPA Administrator, the EPA will post a copy of this final action at
https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards. Following publication
in the Federal Register, the EPA will post the Federal Register version
of this final action at this same website.

C. Judicial Review

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of
this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit by July
20, 2021. Moreover, under section 307(b)(2) of the CAA, the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements. Section 307(d)(7)(B) of the CAA further
provides that ``[o]nly an objection to a rule or procedure which was
raised with reasonable specificity during the period for public comment
(including any public hearing) may be raised during judicial review.''
This section also provides a mechanism for the EPA to convene a
proceeding for reconsideration, ``[i]f the person raising an objection
can demonstrate to the EPA that it was impracticable to raise such
objection within [the period for public comment] or if the grounds for
such objection arose after the period for public comment, (but within
the time specified for judicial review) and if such objection is of
central relevance to the outcome of the rule.'' Any person seeking to
make such a demonstration should submit a Petition for Reconsideration
to the Office of the Administrator, U.S. EPA, Room 3000, WJC South
Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy
to both the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate General Counsel for the Air and
Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S.
EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460.

II. Background

A. What is the regulatory development background and legal authority
for this action?

    Under authority of the CAA, the EPA has promulgated several
regulations that apply to MSW landfills. In 1996, under CAA section
111, the EPA promulgated the original standards of performance for new
MSW landfills (i.e., new source performance standards or NSPS) at 40
CFR part 60, subpart WWW, and EG for existing MSW landfills at 40 CFR
part 60, subpart Cc (61 FR 9905; March 12, 1996). The NSPS and EG are
based on the Administrator's determination that MSW landfills cause, or
contribute significantly to, air pollution that may reasonably be
anticipated to endanger public health or welfare. In 1999, the EPA
promulgated a Federal plan under CAA section 111 to implement the 1996
EG for MSW landfills located in states that did not have approved and
effective state plans (40 CFR part 62, subpart GGG) (64 FR 60689,
November 8, 1999). The Federal plan was necessary to implement the 1996
EG for MSW landfills located in states and Indian country where state
plans or tribal plans were not in effect.
    Beginning in 2014, the EPA reviewed the NSPS and EG based on
changes in the landfill industry since the rules were first promulgated
in 1996, including changes to the size and number of existing
landfills, industry practices, and gas control methods and
technologies. In August 2016, the EPA made several revisions to further
reduce emissions of landfill gas (LFG) and its components and
promulgated revised subparts for the MSW Landfills NSPS at 40 CFR part
60, subpart XXX, and the EG for existing MSW landfills at 40 CFR part
60, subpart Cf (81 FR 59276 and 59332, August 29, 2016).

B. What is the purpose of this action?

    The CAA regulations implementing the EG require states with
existing MSW landfills subject to the EG to submit state plans to the
EPA in order to implement and enforce the EG. State plans implementing
the 2016 MSW Landfills EG were due on May 30, 2017.\1\ For states that
did not submit an

approvable plan by that deadline, CAA section 111 and 40 CFR 60.27(c)
and (d) require the EPA to develop, implement, and enforce a Federal
plan for existing MSW landfills located in any state (i.e., state,
territory, or protectorate) or Indian country that does not have an
approved state plan \2\ that implements the 2016 MSW Landfills EG. On
August 22, 2019, the EPA proposed a Federal plan under CAA section 111
to implement the 2016 EG for MSW landfills located in states that did
not have approved and effective state plans (40 CFR part 62, subpart
OOO) (84 FR 43745, August 22, 2019). On February 29, 2020, the EPA
found 42 states and territories failed to submit state plans for the
2016 MSW Landfills EG (85 FR 14474, February 29, 2020), and as a
result, this final action establishes an MSW Landfills Federal Plan to
implement the 2016 MSW Landfills EG for those states that do not
presently have an approved state plan.
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    \1\ May 30, 2017, was the original deadline for submission of
state plans pursuant to subpart B when subpart Cf (40 CFR 60.30f(b)
of this chapter) was promulgated on August 29, 2016. The EPA
subsequently finalized a rulemaking (84 FR 44547) on August 26,
2019, to change the MSW Landfills state and federal plan timing
requirements by incorporating revised state and federal plan timing
requirements in the newly promulgated subpart Ba (84 FR 32520, July
8, 2019), which had the effect of extending the deadline for state
plan submissions for subpart Cf. The timing requirements in subpart
Ba were subsequently vacated by American Lung Ass'n v. EPA, 985 F.3d
914, 991-95 (D.C. Cir. 2021) (ALA). In light of the ALA decision,
The EPA has moved for voluntary vacatur of the subsequent landfills
rulemaking. See Environmental Defense Fund v. EPA, No. 19-1222 (D.C.
Circuit). As a result, the original timelines in subpart B would
apply again to the landfills plans.
    \2\ An approved state plan is a plan developed by a state that
the EPA has reviewed and approved based on the requirements in 40
CFR part 60, subparts B or Ba, as applicable, to implement 40 CFR
part 60, subpart Cf.
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    For the purposes of this preamble and the MSW Landfills Federal
Plan, the word ``state'' means any of the 50 United States, local
agencies that have been delegated implementation and enforcement
authority within those states, and the protectorates of the United
States. The word ``protectorate'' means American Samoa, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, the
Northern Mariana Islands, and the Virgin Islands.

C. What is a negative declaration letter?

    A negative declaration is a letter to the EPA declaring either that
there are no existing MSW landfills in the state or portion of Indian
country at all or that there are no existing MSW landfills in the state
or portion of Indian country that must install collection and control
systems according to the requirements of the 2016 MSW Landfills EG.
States or Indian tribes that submit negative declarations are not
expected to submit state or tribal plans. Accordingly, because states
and Indian tribes with approved negative declarations do not have
approved state or tribal plans, existing MSW landfills with a design
capacity equal to or greater than 2.5 million megagrams (Mg) and 2.5
million cubic meters (m\3\) in the state or portion of Indian country
are considered to be subject to the MSW Landfills Federal Plan.
Existing MSW landfills with a design capacity less than 2.5 million Mg
or 2.5 million m\3\ that are located in states or portion of Indian
country that submitted a negative declaration are not required to
submit an initial design capacity report if the negative declaration
letter includes the design capacity for the landfills. Such MSW
landfills, however, continue to be subject to the requirements in the
definition of design capacity in 40 CFR 62.16730 to recalculate the
site-specific density annually and in 40 CFR 62.16724(b) to submit an
amended design capacity report in the event that the recalculated
design capacity is equal to or greater than 2.5 million Mg and 2.5
million m\3\, as clarified in 40 CFR 62.16711(c).

D. What is the status of state plan submittals?

    Before proposal of this Federal plan on August 22, 2019, the EPA
had received 8 state plan submittals to implement the 2016 MSW
Landfills EG, which included submittals from the following: Arizona
(one plan covering Maricopa County, one covering Pinal County, and
another covering the remainder of the state excluding Pima county),
California, Delaware, New Mexico (one plan covering Albuquerque-
Bernalillo County and another covering the remainder of the state), and
West Virginia. The EPA has reviewed and fully approved six of these
state plans that were submitted. The EPA also partially approved and
partially disapproved the California state plan. See the memorandum,
Approved State Plans Implementing the 2016 MSW Landfills Emission
Guidelines, which is available in the docket for this action. The plan
from Maricopa County, Arizona, was withdrawn on July 3, 2019. The EPA
subsequently received and approved negative declarations from three
additional states (Maine, Rhode Island, and Vermont) and two local
authorities (Washington, DC and Philadelphia, Pennsylvania) as well as
three state plans (Oregon, South Dakota and Virginia). The EPA is not
aware of any tribes that have developed plans to implement the 2016 MSW
Landfills EG or submitted negative declarations. For all other
locations, the EPA is establishing this MSW Landfills Federal Plan to
implement the 2016 MSW Landfills EG in states and Indian country that
do not yet have an approved and effective state or tribal plan.
    The California state plan was partially disapproved because it does
not fully meet certain provisions of the 2016 MSW Landfills EG. The
California state plan omitted certain operational, monitoring,
recordkeeping, and corrective action requirements related to
temperature and/or oxygen or nitrogen levels. Therefore, in accordance
with 40 CFR 60.27(c), the EPA is revising 40 CFR part 62, subpart F to
identify the provisions of the Federal plan corresponding to the
omitted requirements (40 CFR 60.34f(c), 60.36f(a)(5), 60.37f(a)(2) and
(3), 60.38f(k), and 60.39f(e)(2) and (5)) that existing MSW landfills
in California must implement in addition to the approved portion of the
California plan. That update is described in section V of this
preamble.
    As of March 23, 2021, two more states (New York, Florida) have
submitted state plans for review. The MSW landfills covered by the
state plans submitted to date will not be subject to the MSW Landfills
Federal Plan once the state plan that includes those MSW landfills has
been approved and becomes effective. However, MSW landfills located in
those states would remain subject to the Federal plan (or portions of
the Federal plan) in the event that the state plan is subsequently
disapproved, in whole or in part. Table 2 of this preamble summarizes
the status of state plans and negative declarations as of February 5,
2021.

                     Table 2--Status of State Plans
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            Status                               States
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I. EPA-Approved State Plans..  Arizona (one plan covering Pinal County
                                and another covering the state); 1
                                California (partial approval, partial
                                disapproval); Delaware; New Mexico (one
                                plan covering Albuquerque-Bernalillo
                                County and another covering the state);
                                Oregon; South Dakota; Virginia; and West
                                Virginia.

II. Negative Declarations      Maine; Rhode Island; Vermont; Washington,
 Approved by the EPA.           DC; Philadelphia, Pennsylvania.
III. Final State Plans and     Florida; New York.
 Negative Declarations
 Submitted to the EPA.
IV. EPA Has Not Received a     Alabama; Alaska; Arkansas; Colorado;
 Final State Plan or Negative   Connecticut; Georgia; Hawaii; Idaho;
 Declaration.                   Illinois; Indiana; Iowa; Kansas;
                                Kentucky; Louisiana; Maryland;
                                Massachusetts; Michigan; Minnesota;
                                Mississippi; Missouri; Montana;
                                Nebraska; Nevada; New Hampshire; New
                                Jersey; North Carolina; North Dakota;
                                Ohio; Oklahoma; Pennsylvania; Puerto
                                Rico; South Carolina; Tennessee; Texas;
                                Utah; Virgin Islands; Washington;
                                Wisconsin; Wyoming.
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1 The Arizona state plan does not cover Maricopa or Pima counties.

    As the EPA Regional offices approve state plans subsequent to the
issuance of the Federal plan, they will also, in the same action, amend
the appropriate subpart of 40 CFR part 62 to codify their approvals.
MSW landfill owners or operators can also contact the EPA Regional
office for the state in which their MSW landfill is located to
determine whether there is an approved and effective state plan in
place. Table 3 of this preamble lists the addresses for the EPA
Regional offices and the states that they cover.

                      Table 3--EPA Regional Offices
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         Region                  Address          States and territories
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Region I...............  5 Post Office Square-    Connecticut,
                          Suite 100, Boston, MA    Massachusetts, Maine,
                          02109-3912.              New Hampshire, Rhode
                                                   Island, Vermont.
Region II..............  290 Broadway, New York,  New York, New Jersey,
                          NY 10007-1866.           Puerto Rico, Virgin
                                                   Islands.
Region III.............  Air Protection           Virginia, Delaware,
                          Division, Mail Code      District of Columbia,
                          3AP00, 1650 Arch         Maryland,
                          Street, Philadelphia,    Pennsylvania, West
                          PA 19103-1129.           Virginia.
Region IV..............  61 Forsyth Street SW,    Florida, Georgia,
                          Atlanta, GA 30303-3104.  North Carolina,
                                                   Alabama, Kentucky,
                                                   Mississippi, South
                                                   Carolina, Tennessee.
Region V...............  Mail Code A-17J, 77      Minnesota, Wisconsin,
                          West Jackson Blvd.,      Illinois, Indiana,
                          Chicago, Il 60604-3590.  Michigan, Ohio.
Region VI..............  1201 Elm Street, Suite   Arkansas, Louisiana,
                          500, Dallas, TX 75270-   New Mexico, Oklahoma,
                          2102.                    Texas.
Region VII.............  Air and Waste            Iowa, Kansas,
                          Management Division,     Missouri, Nebraska.
                          11201 Renner
                          Boulevard, Lenexa,
                          Kansas 66219.
Region VIII............  Director, Air Program,   Colorado, Montana,
                          Office of Partnerships   North Dakota, South
                          and Regulatory           Dakota, Utah,
                          Assistance, Mail Code    Wyoming.
                          8P-AR, 1595 Wynkoop
                          Street, Denver, CO
                          80202-1129.
Region IX..............  75 Hawthorne Street,     Arizona, California,
                          San Francisco, CA        Hawaii, Nevada,
                          94105.                   American Samoa, Guam,
                                                   Northern Mariana
                                                   Islands.
Region X...............  1200 6th Avenue, Suite   Washington, Alaska,
                          155, Seattle, WA 98101.  Idaho, Oregon.
------------------------------------------------------------------------

E. What are the elements of the MSW Landfills Federal Plan?

    Section 111(d) of the CAA, as amended, 42 U.S.C. 7411(d), requires
states to develop and implement state plans for MSW landfills to
implement and enforce the promulgated EG. Accordingly, 40 CFR part 60,
subpart Cf requires states to submit state plans that include specified
elements. Because this Federal plan takes the place of state plans,
where state plans are not fully approved and effective, it includes the
same essential elements: (1) Identification of legal authority and
mechanisms for implementation; (2) inventory of designated facilities;
(3) inventory of emissions; (4) emission limits; (5) compliance
schedules; (6) process for the EPA or state review of site-specific
design plans for GCCS; (7) testing, monitoring, reporting, and
recordkeeping requirements; and (8) public hearing requirements. Each
element was discussed in detail as it relates to the Federal plan in
section IV of the preamble of the proposed rule (84 FR 43745, August
22, 2019).

III. What are the designated facilities?

A. What is a designated MSW landfill?

    The designated facility for the MSW Landfills Federal Plan is each
MSW landfill that (1) commenced construction, reconstruction, or
modification prior to July 17, 2014, and has not been modified or
reconstructed since then, and (2) has accepted waste since November 8,
1987, or has capacity for future waste deposition, which also includes
MSW landfills that were subject to 40 CFR part 62, subpart GGG or 40
CFR part 60, subpart WWW.
    If an existing MSW landfill subject to the Federal plan increases
its permitted volume design capacity through vertical or horizontal
expansion (i.e., is modified) on or after July 17, 2014, it would be
subject to the MSW Landfills NSPS (40 CFR part 60, subpart XXX) (see 81
FR 59332, August 29, 2016) and would no longer be subject to the
Federal plan. An existing MSW landfill that makes operational changes
without increasing the horizontal or vertical dimensions of the
landfill would continue to be subject to the Federal or approved state
plan that implements the 2016 MSW Landfills EG, rather than the NSPS.

B. How do I determine if my MSW landfill is covered by an approved and
effective state plan?

    The status of approval and promulgation of CAA section 111(d) state
plans for designated sources in each state or territory is identified
in 40 CFR part 62. However, 40 CFR part 62 is only updated
periodically. Thus, if 40 CFR part 62 does not indicate that a state
has an approved and effective plan, please contact the appropriate EPA
Regional office (see Table 3 in section II.D of this preamble) to
determine if approval has occurred

since publication of the most recent version of 40 CFR part 62. Each
state plan becomes effective 30 days after the final EPA approval of
the state plan is published in the Federal Register.
    This final action does not preclude states from submitting a state
plan later. If a state submits a plan after the promulgation date of
the MSW Landfills Federal Plan, the EPA will review and approve or
disapprove the state plan. If the EPA approves a plan, then the MSW
Landfills Federal Plan no longer applies to MSW landfills covered by
the state plan. If an MSW landfill is overlooked by a state that has an
approved negative declaration, or if an individual MSW landfill is not
covered by an approved and effective state plan, the MSW landfill will
remain subject to this Federal plan.

IV. Summary of Changes Since Proposal and Response to Comments

    This section summarizes all changes made to the Federal plan since
proposal, in part, in response to public comments. The changes include
clarifications regarding initial reporting requirements and timing of
GCCS for landfills that have previously submitted a GCCS design plan
for other MSW landfill Federal regulations, clarifications on LFG
treatment system monitoring plan requirements, and the updated
inventory of designated facilities and their emissions. The EPA
received six comment letters on the proposed MSW Landfills Federal
Plan. Certain comments and responses are contained in this section that
are relevant to the EPA's clarification of requirements.\3\ For more
information, see the response to comments document, titled Summary of
Public Comments and EPA's Responses for the Proposed Federal Plan
Requirements for Municipal Solid Waste Landfills That Commenced
Construction On or Before July 17, 2014, and Have Not Been Modified or
Reconstructed Since July 17, 2014, which is available in the docket for
this action.
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    \3\ Copies of all comments submitted are available at the EPA
Docket Center Public Reading Room and are also available
electronically through https://www.regulations.gov/ by searching
Docket ID No. EPA-HQ-OAR-2019-0338.
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A. Clarification of Requirements

1. Legacy Controlled Landfills
    Comment: Two commenters requested that the EPA clarify the
compliance timelines and requirements for plan submittals to address
existing MSW landfills that have already installed a GCCS.
Specifically, one commenter requested that the EPA clarify which of the
initial plans and reports are required for existing landfills that
already submitted such initial reports under the subpart WWW NSPS. The
other commenter suggested that landfills that have already installed a
GCCS should not be subject to the second and third increments of
progress, since awarding contracts and initiating on-site construction
may have already occurred. The commenter said that such landfills would
still be subject to the requirement to fully comply with all aspects of
the Federal plan as of the 30-month deadline.
    Response: The EPA agrees that additional clarification is needed
regarding several compliance obligations for landfills that are already
controlling emissions under previous Federal regulations. Although EPA
anticipated that additional landfills would require controls as a
result of the revised regulations at 40 CFR part 60, subpart Cf, EPA's
intent was that, if a landfill was already classified as a ``controlled
landfill,'' the 30-month period to install and operate a GCCS cannot be
reset or restarted. Therefore, the EPA is clarifying its intent in the
regulatory provisions for the timing of compliance with certain
requirements for landfills that were considered to be a controlled
landfill under 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart
GGG; or a state plan implementing 40 CFR part 60, subpart Cc, as
discussed in the remainder of this response.
    The NSPS at 40 CFR part 60, subpart WWW, identified and defined the
term ``controlled landfill'' as one that had triggered the nonmethane
organic compounds (NMOC) threshold of 50 Mg per year or more and
submitted its collection and control system design plan. The provisions
of 40 CFR part 60, subpart WWW, require the design plan to be submitted
within 1 year of the first NMOC annual emission rate report that is
equal to or greater than 50 Mg per year NMOC. The EG at 40 CFR part 60,
subpart Cc, and the Federal plan at 40 CFR part 62, subpart GGG, do not
define the term ``controlled landfill'' directly but note that the
definition of terms used but not defined in those subparts has the
meaning given them in the CAA and in 40 CFR part 60, subparts A, B, and
WWW. These rules provide the same timing allowance of 1 year after the
NMOC report showing emissions of 50 Mg NMOC per year or more to submit
the collection and control system design plan. These landfills have
already met requirements under existing 40 CFR part 60 or part 62
regulations, and the EPA emphasizes that there is no need to duplicate
those efforts when complying with the Federal plan being finalized in
this action. The EPA has added a definition of the term ``legacy
controlled landfill'' to 40 CFR 62.16730 to clarify requirements and
compliance times for these landfills.
    Legacy controlled landfills have previously satisfied the
requirement to submit their initial design capacity report, initial or
annual NMOC emission rate reports, and collection and control system
design plan. These reports were previously submitted under 40 CFR part
60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan
implementing 40 CFR part 60, subpart Cc. The EPA has clarified that it
is not requiring these sources to resubmit any of these reports under
40 CFR 62.16711(h).
    Additionally, because annual NMOC reports have been previously
submitted under 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart
GGG; or a state plan implementing 40 CFR part 60, subpart Cc, some of
the legacy controlled landfills have already passed the 30-month period
after the first NMOC report that showed emissions of 50 Mg NMOC per
year or more. Other legacy controlled landfills may not reach the end
of the 30-month period until after this Federal plan becomes effective.
The EPA has revised some of the increments of progress at 40 CFR
62.16712 to account for landfills that have already achieved some or
all of the increments of progress. The EPA has also revised 40 CFR
62.16711(h), 62.16714(b)(2), 62.16724, and Table 1 of 40 CFR part 62,
subpart OOO to more clearly define the requirements for these legacy
controlled landfills.
    In this action, the EPA is also clarifying that legacy controlled
landfills will continue to install and expand their GCCS under the
Federal plan at the same schedule required by the previous landfill
rules. That is, the owner or operator must expand the GCCS every 5
years if in active areas, or every 2 years if the area is closed or at
final grade. Similar to our intent that the 30-month period not be
stopped or restarted with the promulgation of this Federal plan, the
timeframe for GCCS expansions will continue without break as a landfill
transitions from one of the previous regulations into this Federal
plan.
    Legacy controlled landfills have until the effective date of this
regulation June 21, 2021 to demonstrate compliance with the GCCS
operational standards and the monitoring, reporting, and recordkeeping
requirements outlined in the Federal plan. The MSW Landfills Federal
Plan implements the 2016 MSW Landfills EG, which included some

changes to the GCCS operational standards, and associated monitoring,
recordkeeping, and reporting requirements from the original NSPS and EG
regulations. The MSW Landfills EG was published in August 2016, over 3
years prior to the publication of the proposed Federal plan.
Additionally, many of these requirements have provided additional
operational flexibility to landfills, such as the removal of the
oxygen/nitrogen operational standard at wellheads, the option to meet
some of the GCCS removal criteria by demonstrating that the control
system cannot operate for 15 years, new optional Tier 4 surface-
emissions-based provisions, and the ability to use actual gas flow data
instead of modeled emissions for excluding non-productive areas of the
landfill from control. Prior to compliance with the new requirements,
owners or operators of legacy controlled landfills must continue to
operate the GCCS and monitor, report, and keep records in accordance
with the requirements in 40 CFR part 60, subpart WWW; 40 CFR part 62,
subpart GGG; or a state plan implementing 40 CFR part 60, subpart Cc,
depending on which regulation applies to the landfill before this
Federal plan becomes effective.
    The EPA also acknowledges that some of the legacy controlled
landfills have already conducted initial performance tests or submitted
initial annual reports under the previous regulations. The EPA is
exempting legacy controlled landfills from the requirement to redo any
initial performance tests that were previously submitted under 40 CFR
part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan
implementing 40 CFR part 60, subpart Cc. However, if legacy controlled
landfills add additional flares or any other additional control
equipment after this Federal plan becomes effective, those test results
must be submitted to EPA's Central Data Exchange (CDX) and included in
future annual reports. Similarly, the EPA is clarifying the timing of
the initial annual report for legacy controlled landfills that have
already submitted an initial report under previous landfill
regulations. The EPA is clarifying in 40 CFR 62.16724(h) that legacy
controlled landfills continue the annual frequency for reporting by
allowing submittal 1 year after the report was submitted under the
previous regulations. The contents of the annual reports submitted
after this Federal plan becomes effective must reflect the requirements
listed in 40 CFR 62.16724(h). For example, if a landfill submitted its
last annual report under 40 CFR part 60, subpart WWW, in January 2021,
the annual report under 40 CFR part 62, subpart OOO, will be due in
January 2022 (1 year after the latest report) and submitted to CDX.
    The EPA also acknowledges some clarifications are necessary
regarding the timing of treatment system monitoring plans for legacy
controlled landfills that were treating LFG for subsequent sale or
beneficial reuse before the effective date of the Federal plan. In the
2016 MSW Landfills EG, the EPA finalized a new requirement to prepare a
treatment system monitoring plan (40 CFR 60.39f(b)(5)). This plan was
required to be submitted as part of the landfill's title V application
and the plan would be reviewed as part of the general permitting
process. Because legacy controlled landfills may not have already
submitted this plan under the 5-year title V renewal timeline, we have
clarified in 40 CFR 62.16724(d)(7) that legacy controlled landfills
have up to May 23, 2022, to develop or update this plan. See EPA's
Response to Comments document for the 2016 MSW Landfills EG (Docket ID
Item No. EPA-HQ-OAR-2014-0451-0229, section 11.7). Landfills that are
treating LFG are anticipated to already have documentation in place for
LFG treatment specifications that are related to contractual agreements
or operational procedures. Therefore, the EPA has determined that 1
year is sufficient time to complete this requirement under the Federal
plan.
2. Closed Landfills and the Closed Landfill Subcategory
    The EPA is clarifying the compliance obligation requirements for
closed landfills, although these clarifications did not lead to a
change in the regulatory text. The 2016 MSW Landfills EG established a
closed landfill subcategory for landfills that closed on or before
September 27, 2017. For landfills that meet the criteria of the closed
landfill subcategory, the EPA is finalizing, as proposed, the exemption
from submitting an initial or most recent NMOC emission rate report
provided that the report showed emissions below 50 Mg per year, which
is the emission threshold for this subcategory (see 40 CFR
62.16711(g)(2)). However, for landfills that have closed since
September 28, 2017, the EPA is requiring an initial NMOC emission rate
report in order to assess whether the landfill exceeds the lower
threshold of 34 Mg per year and must install a GCCS (see 40 CFR
62.16714(e)). Because the emission rate threshold has been reduced,
this initial report is necessary in order to establish the timeline and
applicability for control requirements. After the initial NMOC report,
subsequent annual reports are not required for closed landfills, as
stated in 40 CFR 62.16714(e)(1)(ii). Similarly, landfills that had
already installed a GCCS under 40 CFR part 60, subpart WWW; 40 CFR part
62, subpart GGG; or a state plan implementing 40 CFR part 60, subpart
Cc and have closed since September 28, 2017, do not need to submit an
initial NMOC report and are not required to submit subsequent annual
reports (see 40 CFR 62.16714(e)(1)(ii)).
3. Other Technical Corrections and Clarifications
    The EPA is making several technical corrections in this final
action that were identified during the public comment process in order
to improve the clarity of the rule. Two commenters noted that a typo
appeared in 40 CFR 62.16711(a)(1), where ``July 14, 2014'' appeared
instead of the correct date, ``July 17, 2014.'' The EPA has corrected
this typographical error in the final regulation. One commenter pointed
out that 40 CFR 62.16712(a) instructed readers to refer to 40 CFR
62.16730 for a definition of each increment of progress, however, the
section did not contain these definitions. The EPA agrees with this
missing reference and has added definitions to 40 CFR 62.16730 for nine
terms: ``Achieve final compliance,'' ``Award contract,'' ``Complete on-
site construction,'' ``EPA approved state plan,'' ``Final control plan
(Collection and control system design plan),'' ``Indian Country,''
``Initiate on-site construction,'' ``Negative declaration letter,'' and
``Tribal plan.'' These definitions are consistent with the terms as
defined in 40 CFR part 62, subpart GGG, and include modifications
specific to the requirements of this MSW Landfills Federal Plan. The
same commenter further noted that 40 CFR 62.16712(c) referred to Table
2 in subpart OOO for site-specific compliance schedules, though there
is no Table 2 included in subpart OOO. The EPA has not received any
requests for site-specific compliance schedules, and we are therefore
not including a Table 2 in the final rule. As such, the EPA has removed
any reference to Table 2 from the regulatory text. Additionally, the
EPA has corrected the citations in the regulatory text to refer to 40
CFR 62.16710-62.16730 instead of 40 CFR 62.710-62.730.

B. Inventory of Designated MSW Landfills

    The docket for this action includes an inventory of the MSW
landfills that are covered by this MSW Landfills Federal Plan in the
absence of approved state or tribal plans. The inventory of designated
facilities and their corresponding emissions are elements of a Federal
plan, as discussed in section II.E of this preamble. At proposal, the
EPA developed an initial inventory of landfills and emissions by
identifying existing landfills that were expected to be covered by the
proposed Federal plan (Docket ID Item No. EPA-HQ-OAR-2019-0338-0006)
and requested that states or owners or operators identify additional
sources for inclusion on the list. During the comment period, the EPA
received one comment that provided edits to the source inventory for
MSW landfills in Oklahoma. The commenter provided updated information
about three landfills in the draft source inventory and provided a list
of 11 landfills that accepted waste after November 8, 1987, that were
missing from the draft inventory. A complete list of the additional
landfills can be found in the comment letter (Docket ID Item No. EPA-
HQ-OAR-2019-0338-0012). In addition to adjusting the inventory based on
public comments, the EPA reviewed and approved several state plans
since proposal, as listed in section II.D of this preamble. Therefore,
the EPA has also adjusted the inventory to remove any landfills for
which EPA has signed an approval (full or partial) for the state plan,
regardless of whether or not it has been published in the Federal
Register and become effective. Since the approvals were submitted to
the Federal Register before this rule, it is expected that the
previously-approved state plans will be effective before the effective
date of the MSW Landfills Federal Plan.
    As of February 2021, there are an estimated 1,590 landfills covered
by this final Federal plan. These landfills exist in 42 states and the
U.S. territories of Puerto Rico and the Virgin Islands. Additionally,
one tribal entity, the Salt River Pima Maricopa Indian Community, is
covered by this final Federal plan. For a discussion of the sources,
their locations, and information used to develop the source list, see
the memorandum, Developing a Federal Plan Source and Emission
Inventory-Final Rule, February 2021, which is available in the docket
for this action. In addition to this list, any MSW landfill that meets
the applicability criteria in this action is subject to the Federal
plan, regardless of whether it is listed in the final inventory
included in Developing a Federal Plan Source and Emission Inventory-
Final Rule, February 2021.

C. Inventory of Emissions

    As a required element of this Federal plan, the docket contains an
inventory of emissions from the MSW landfills that are covered by this
final Federal plan. The EPA estimated the emissions from the inventory
of existing MSW landfills that are expected to be covered by the
Federal plan as of February 5, 2021. Pollutant emissions are expressed
in Mg NMOC per year in calendar year 2021. Table 4 of this preamble
summarizes the results of the inventory.
    These estimates are based solely on the modeled emissions remaining
after considering controls required by 40 CFR part 60, subparts WWW and
Cc, and do not include any additional emissions reductions from
voluntary actions, such as early installation of the GCCS. See the
memorandum, Developing a Federal Plan Source and Emission Inventory-
Final Rule, February 2021, which is available in the docket for this
action, for the complete emissions inventory, including detailed
emissions from MSW landfills in each state, and details on the
calculations used to determine those emissions.

Table 4--Summary of Estimated NMOC Emissions From Existing MSW Landfills
               Expected To Be Covered by the Federal Plan
------------------------------------------------------------------------
                                                             2021 NMOC
                      Region/state                         emissions (Mg
                                                             per year)
------------------------------------------------------------------------
Region 1:
    Connecticut.........................................              13
    Massachusetts.......................................             391
    New Hampshire.......................................              74
Region 2:
    New Jersey..........................................             318
    New York............................................             833
    Puerto Rico.........................................             268
    Virgin Islands......................................              13
Region 3:
    Maryland............................................             412
    Pennsylvania........................................           1,391
Region 4:
    Alabama.............................................             424
    Florida.............................................           1,121
    Georgia.............................................           1,082
    Kentucky............................................             519
    Mississippi.........................................             205
    North Carolina......................................             934
    South Carolina......................................             440
    Tennessee...........................................             816
Region 5:
    Illinois............................................           1,301
    Indiana.............................................             767
    Michigan............................................           1,164
    Minnesota...........................................             258
    Ohio................................................           1,189
    Wisconsin...........................................             513
Region 6:
    Arkansas............................................             319
    Louisiana...........................................             587
    Oklahoma............................................             318
    Texas...............................................           2,030
Region 7:
    Iowa................................................             358
    Kansas..............................................             330
    Missouri............................................             427
    Nebraska............................................             279
Region 8:
    Colorado............................................             772
    Montana.............................................              93
    North Dakota........................................              50
    Utah................................................             298
    Wyoming.............................................              48
Region 9:
    Arizona *...........................................             377
    Hawaii..............................................             112
    Nevada..............................................              75
Region 10:
    Alaska..............................................              91
    Idaho...............................................             113
    Washington..........................................             388
------------------------------------------------------------------------
* Arizona includes estimates for 18 landfills in Maricopa and Pima
  counties only.

V. Summary of Final MSW Landfills Federal Plan Requirements

A. What are the final applicability requirements?

    The Federal plan applicability criteria (40 CFR 62.16711) reflect
those established by the 2016 MSW Landfills EG (40 CFR 60.31f). The
designated facility for this MSW Landfills Federal Plan is described in
section III.A of this preamble and this action establishes an MSW
Landfills Federal Plan to implement the 2016 MSW Landfills EG for
designated facilities located in states and tribal countries without an
approved state plan.
    The EPA partially approved and partially disapproved the California
state plan because the plan omitted certain required provisions. Thus,
for MSW landfills that are affected by the California state plan, the
EPA is updating 40 CFR part 62, subpart F (40 CFR 62.1115(b)(2)) to
identify the provisions of the Federal plan corresponding to the
omitted requirements that existing MSW landfills in California must
implement in addition to the approved portion of the California plan:
40 CFR 62.16716(c) wellhead operational standards (corresponding to 40
CFR 60.34f(c)), 62.16720(a)(5) wellhead monitoring (corresponding to 40
CFR 60.36f(a)(5)),

62.16722(a)(2) and (3) wellhead monitoring (corresponding to 40 CFR
60.37f(a)(2) and (3)), 62.16724(k) corrective action (corresponding to
40 CFR 60.38f(k)), and 62.16726(e)(2) and (5) recordkeeping
(corresponding to 40 CFR 60.39f(e)(2) and (5)).

B. What are the final compliance schedules?

    Unless the landfill is a legacy controlled landfill, owners or
operators of MSW landfills subject to the MSW Landfills Federal Plan
are required to submit a design capacity report within 90 days after
the effective date of the Federal plan (40 CFR 62.16724(a)). If the
design capacity report indicates a capacity equal to or greater than
2.5 million Mg and 2.5 million m\3\ of solid waste a landfill can
accept, an annual NMOC emission rate report must also be submitted
within 90 days after the effective date of the Federal plan and then
every 12 months until the landfill installs a GCCS (40 CFR
62.16724(c)). As discussed in section IV.A of this preamble, legacy
controlled landfills have satisfied the requirement to submit their
initial design capacity report and NMOC emission rate report with their
initial reports previously submitted under 40 CFR part 60, subpart WWW;
40 CFR part 62, subpart GGG; or a state plan implementing 40 CFR part
60, subpart Cc.
    If the first NMOC emission rate report submitted under the MSW
Landfills Federal Plan shows emissions less than 34 Mg per year NMOC
(50 Mg per year for the closed landfill subcategory), then the owner or
operator must recalculate NMOC emissions annually and submit annual
NMOC emission rate reports unless the MSW landfill is closed. (See 40
CFR 62.16724(c)(3) for conditions under which 5-year reports rather
than annual reports may be submitted.)
    If an emission rate report shows that NMOC emissions equal or
exceed 34 Mg per year, the owner or operator must begin following
enforceable increments of progress to install and operate a GCCS within
30 months after the date the first annual NMOC Emission Rate Report
shows NMOC reaching or exceeding 34 Mg per year NMOC (40 CFR 62.16712).
Therefore, the generic schedule for the increments of progress starts
with the date of the first annual emission rate report that shows NMOC
emissions equal or exceed 34 Mg per year (40 CFR 62.16712(c)).
Alternatively, a landfill may follow Tier 4 as discussed later in this
section (40 CFR 62.16718(a)(6)). Legacy controlled landfills have 30
months from when they submitted an NMOC emission rate report that
showed emissions of 50 Mg per year or greater under 40 CFR part 60,
subpart WWW; 40 CFR part 62, subpart GGG; or a state plan implementing
40 CFR part 60, subpart Cc to demonstrate compliance with the
increments of progress to install a GCCS. All designated facilities
with a design capacity equal to or greater than 2.5 million Mg and 2.5
million m\3\ are required to submit subsequent NMOC emission rate
reports until the collection and control system begins operating in
accordance with 40 CFR 62.16716.
    Increments of progress are required only for requirements with
compliance deadlines exceeding 1 year. Therefore, the 30-month
compliance timeline only applies to installations of GCCS for those
sources newly subject to these requirements because of the revision to
the NMOC emissions threshold. Otherwise, all designated facilities must
comply with all applicable standards and monitoring, recordkeeping, and
reporting requirements as of the effective date of this rule June 21,
2021. For example, landfills must monitor all cover penetrations and
keep records of locational data (longitude and latitude coordinates) of
each monitored exceedance during quarterly surface emissions monitoring
(SEM) as of the effective date of this rule. Additionally, certain
reports are required to be submitted electronically after the effective
date of this rule.
    This MSW Landfills Federal Plan includes the five increments of
progress required by 40 CFR 60.24(e)(1) and provides flexibility to
establish the increment dates (40 CFR 62.16712). The MSW Landfills
Federal Plan contains a generic compliance schedule (Table 1 to 40 CFR
part 62, subpart OOO) that applies to designated MSW landfills unless
the EPA approves an alternative schedule according to the criteria in
40 CFR 60.27(e)(2). Legacy controlled landfills have already satisfied,
at a minimum, the first increment of progress under their previous
rule. Depending on where the landfill is in the construction and
operation phase of its GCCS, they may have already satisfied all five
increments of progress. If a landfill has not yet reached increment 5
(achieve final compliance), it must demonstrate compliance with any
remaining increments of progress on this schedule. However, the
landfill must use the date of its first NMOC emission rate report
submitted under 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart
GGG; or a state plan implementing 40 CFR part 60, subpart Cc showing
NMOC emissions at or above 50 Mg to calculate deadlines for remaining
increments not yet met. The landfill may not resubmit a new emission
rate report to restart the timeline for meeting each increment of
progress.
    The five mandatory increments of progress are as follows:
    1. Submit final control plan (design plan)--12 months after the
first annual emission rate report showing NMOC emissions >=34 Mg per
year (>=50 Mg per year for the closed landfill subcategory).
    2. Award contracts for control systems or orders for purchase of
components--20 months after the first annual emission rate report
showing NMOC emissions >=34 Mg per year (>=50 Mg per year for the
closed landfill subcategory).
    3. Begin on-site construction or installation of the GCCS--24
months after the first annual emission rate report showing NMOC
emissions >=34 Mg per year (>=50 Mg per year for the closed landfill
subcategory).
    4. Complete on-site construction or installation of the GCCS--30
months after the first annual emission rate report showing NMOC
emissions >=34 Mg per year (>=50 Mg per year for the closed landfill
subcategory).
    5. Achieve final compliance--30 months after the first annual
emission rate report showing NMOC emissions >=34 Mg per year (>=50 Mg
per year for the closed landfill subcategory). Note that the initial
performance test to demonstrate compliance must be conducted within 180
days after the date the landfill is required to achieve final
compliance. For a legacy controlled landfill, the initial or most
recent performance test conducted to comply with 40 CFR part 60,
subpart WWW; 40 CFR part 62, subpart GGG; or a state plan implementing
40 CFR part 60, subpart Cc, is sufficient for compliance with this
part. The test report does not have to be resubmitted.
    The compliance deadline for the first, fourth, and fifth increments
is established in the 2016 MSW Landfill EG. The EPA selected the
deadlines for the second and third increments to match the lengths of
time for these increments that was included in the previous Federal
plan for MSW landfills and to allow a reasonable period of time for MSW
landfills to: Complete these activities, have the regulatory agency
review and approve the design plan, solicit bids, and award contracts
within the overall implementation schedule. According to 40 CFR
60.27(e)(1), Federal plan compliance times may be no less stringent
than those established in the EG. The EPA will accept facility-specific
compliance schedules from MSW landfill owners or operators, as allowed
under 40 CFR 60.27(e)(2). However, owners or operators using alternate
dates for increments 2 and 3

must continue to meet the required dates for increments 1, 4, and 5.
    Owners or operators employing Tier 4 would follow the generic
compliance schedule for Tier 4 landfills in Table 1 to 40 CFR part 62,
subpart OOO. Increment 1 is triggered by the first measured
concentration of methane of 500 parts per million (ppm) or greater,
rather than the initial NMOC emission rate report showing NMOC
emissions 34 Mg per year or greater. Landfills employing Tier 4 would
continue to submit an annual NMOC emission rate report (40 CFR
62.16724(c)). Timing of increments 2 through 5 for Tier 4 landfills are
based on the most recent NMOC emission rate report showing NMOC
emissions rate of 34 Mg per year or greater.

C. What are the final emissions limits and operating limits?

    The EPA requires that an MSW landfill subject to the Federal plan
must install and operate a GCCS that meets specified emissions and
operating limits (40 CFR 62.16714 and 40 CFR 62.16716), if the NMOC
emissions rate is 34 Mg per year or more (50 Mg per year or more for
the closed landfill subcategory). The standards require owners or
operators to operate the GCCS at a negative pressure at each wellhead
(except during certain specified conditions), operate the interior
wellhead at a temperature less than 55 degrees Celsius (131 degrees
Fahrenheit), and operate the collection system so that the methane
concentration is less than 500 ppm above background at the surface of
the landfill (40 CFR 62.16716(b)--(d)). The owner or operator of a
landfill must control the collected gas by routing it to either: (1) A
non-enclosed flare designed and operated according to the requirements
of 40 CFR 60.18, (2) an enclosed control device achieving 98-percent
NMOC reduction or an outlet concentration of 20 ppm NMOC by volume or
less, or (3) a gas treatment system that processes the collected gas
for subsequent sale or beneficial use (40 CFR 62.16714(c)).
    The requirements of the Federal plan are the same as the
requirements of the 2016 MSW Landfills EG. Consistent with a Federal
Register document on March 16, 2020 (85 FR 17244), this Federal plan
applies the ``opt-in'' provisions that allow MSW landfills affected by
the NSPS and EG to demonstrate compliance with the major compliance
provisions of the National Emission Standards for Hazardous Air
Pollutants: Municipal Solid Waste Landfills (MSW Landfills NESHAP) in
lieu of complying with the analogous provisions in the NSPS and EG. The
opt-in provisions allow landfills to follow one set of operational,
compliance, monitoring, and reporting provisions for pressure and
temperature. The opt-in provisions appear in this Federal plan at 40
CFR 62.16716, 62.16720, and 62.16722, as well as corresponding
recordkeeping and reporting provisions in 40 CFR 62.16724 and 62.17726.
    This Federal plan also applies a technical correction made to the
compliance provisions section of the MSW Landfills EG (85 FR 17244,
March 16, 2020). The technical correction appears in this Federal plan
at 40 CFR 62.16720(a)(3)(ii). The technical correction accounts for
elevated temperature measurement as a parameter for which the root
cause analysis is required and for which the owner or operator must
follow the corrective action schedule.

D. What are the final performance testing and monitoring requirements?

1. NMOC Emissions Rate
    The EPA requires that, to determine if a GCCS is required, the
owner or operator must determine NMOC emissions using one or both of
the two emission rate equations in the rule and one of four optional
methods to determine the model inputs (referred to as tier methods in
the rule) (40 CFR 62.16718(a)). Tier 1 uses default assumptions for
methane generation rate and NMOC concentration in the emissions model
(40 CFR 62.16718(a)(2)). Tier 2 requires testing to determine a site-
specific NMOC concentration. Tier 3 requires testing to determine a
site-specific NMOC concentration and methane generation rate (40 CFR
62.16718(a)(4)). Any MSW landfill that exceeds the NMOC emissions
threshold using Tier 2 or 3 would install a GCCS unless the owner or
operator chooses to use Tier 4 (40 CFR 62.16718(a)(6)).
    Tier 4 is based on SEM to demonstrate that surface emissions are
low (40 CFR 62.16718(a)(6)). An owner or operator can use Tier 4 only
if the MSW landfill owner or operator can demonstrate that NMOC
emissions are greater than or equal to 34 Mg per year but less than 50
Mg per year using Tier 1 or Tier 2. An MSW landfill employing Tier 4
that can demonstrate that surface emissions are below 500 ppm for four
consecutive quarters would not trigger the requirement to install a
GCCS even if Tier 1, 2, or 3 calculations indicate that the 34 Mg per
year threshold has been exceeded. However, once SEM demonstrates
emissions exceeding 500 ppm (40 CFR 62.16718(a)(6)(v)), the MSW
landfill would be required to install a GCCS according to the schedule
in section V.B of this preamble and Table 1 to 40 CFR part 62, subpart
OOO.
2. Gas Collection System Monitoring
    The EPA requires that the LFG collection system must be equipped
with a sampling or access port and the owner or operator must
periodically monitor gauge pressure in the gas collection header,
monitor nitrogen or oxygen content in the LFG, and monitor temperature
of the LFG (40 CFR 62.16722(a)).
3. Flare Monitoring
    The EPA requires that, if a flare is used, the owner or operator
must monitor the flare using a heat sensing device that indicates
presence of a flame and a device that records flow to the flare and any
bypass lines (40 CFR 62.16722(c)).
4. Control Device Testing and Monitoring
    The EPA requires that, if an enclosed control device is used, the
owner or operator must conduct an initial performance test (40 CFR
62.16714(c)). The owner or operator must then operate the device as
required by the manufacturer's specifications, install a temperature
monitoring device, and install a device that records flow to the
control device and any bypass lines (40 CFR 62.16722(b)). A temperature
monitoring device is not required for boilers or process heaters with a
design heat capacity of 44 megawatts or greater (40 CFR
62.16722(b)(1)).

E. What are the final recordkeeping and reporting requirements?

    The EPA requires that owners or operators must retain records of
all required monitor readings (40 CFR 62.16726). Owners or operators
must submit certain required performance test reports, NMOC emission
rate reports, and annual reports documenting compliance and any
deviations from the operating standards in the Federal plan (40 CFR
62.16724). As noted in section V.C of this preamble, the Federal plan
adds the opt-in provisions consistent with the MSW Landfills EG.
Corresponding recordkeeping and reporting provisions appear in 40 CFR
62.16724(h), (k), and (q) and 62.16726(e). Also as noted in section V.C
of this preamble, the Federal plan applies a technical correction to
the compliance provisions and the corresponding reporting requirement
in the reporting section. Those reporting corrections appear in this
Federal plan

at 40 CFR 62.16724(h)(7) and ensure that the owner or operator conducts
a corrective action analysis, develops an implementation schedule, and
reports corrective action(s) to address not only positive pressure, but
also elevated temperature.
    All required reports must be submitted through the EPA's CDX using
the Compliance and Emissions Data Reporting Interface (CEDRI) (40 CFR
62.16724(j)). Owners or operators are allowed to maintain electronic
copies of the records in lieu of hardcopies to satisfy Federal
recordkeeping requirements.
    The requirement to submit performance test data electronically to
the EPA would apply only to those performance tests conducted using
test methods that are supported by the Electronic Reporting Tool (ERT).
A listing of the pollutants and test methods supported by the ERT is
available at: https://www3.epa.gov/ttn/chief/ert/ert_info.html. When
the EPA adds new methods to the ERT, a notice will be sent out through
the Clearinghouse for Inventories and Emissions Factors (CHIEF)
Listserv (https://www.epa.gov/airemissions-inventories/emissionsinventory-listservs) and a notice of availability will be
added to the ERT website. The EPA encourages landfill owners or
operators to check the ERT website regularly for up-to-date information
on methods supported by the ERT.

VI. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under CAA section 111(d) and the EPA's regulations implementing
that section, the EPA adopts EG that are applicable to existing MSW
landfills. These EG are implemented when the EPA approves a state or
tribal plan or adopts a Federal plan that implements and enforces the
EG. As discussed in section III of this preamble, this final action
regulates existing MSW landfills in states or Indian country that do
not have fully approved plans in effect to implement the EG.
    Congress has determined that the primary responsibility for air
pollution prevention and control rests with state, tribal, and local
agencies. See CAA section 101(a)(3). Consistent with that overall
determination, Congress established CAA section 111(d) with the intent
that state, tribal, and local agencies take the primary responsibility
for ensuring, with regard to existing sources, that the standards of
performance and other requirements contemplated by that section, and
implemented by the EPA through its general regulations implementing
that section and its particular EGs, are achieved. Also, in CAA section
111(d) Congress explicitly required that the EPA establish procedures
that are like those under CAA section 110(c) for state implementation
plans. Although Congress required the EPA to propose and promulgate a
Federal plan for states and tribes that fail to submit approvable plans
on time, states and tribes may submit plans after promulgation of this
Federal plan. The EPA strongly encourages states and tribes that are
unable to submit approvable plans to request delegation of the Federal
plan so that they can have primary responsibility for implementing the
2016 MSW Landfills EG, consistent with the intent of Congress.
    The preferred outcome under the statute and the regulations results
when the state, tribal, and local agencies implement an EPA-approved
state or tribal plan because state, tribal, and local agencies not only
have the responsibility to implement the 2016 MSW Landfills EG, but
also have the practical knowledge and enforcement resources critical to
achieving the highest rate of compliance. In cases where states are
unable to develop and submit approvable state or tribal plans, it is
still preferable for the state, tribal, and local agencies to be the
implementing agency. For these reasons, the EPA will do all that it can
to expedite delegation of the Federal plan to state, tribal, and local
agencies, whenever possible, in cases where states or tribes are unable
to develop and submit approvable state or tribal plans. The EPA will
also continue to review and approve state or tribal plans after
promulgation of this Federal plan.

B. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority
to state, tribal, and local agencies: (1) The EPA approves of a state
plan after the Federal plan is in effect; and (2) if a state does not
submit or obtain approval of its own plan, the EPA provides delegation
to a state or tribe with the authority to implement certain portions of
this Federal plan to the extent appropriate and if allowed by state
law. Both options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State Plan
    After MSW landfills in a state become subject to the Federal plan,
the state or tribal agency may still adopt and submit a state or tribal
plan to the EPA. If the EPA determines that the plan is as protective
as the 2016 MSW Landfills EG, the EPA will approve the state or tribal
plan. If the EPA determines that the plan is not as protective as the
2016 MSW Landfills EG, the EPA will approve the portions of the plan
that are consistent with the 2016 MSW Landfills EG. If a state or
tribal plan is approved in part, portions of the Federal plan will
apply to the designated MSW landfills in lieu of the disapproved
portions of the state or tribal plan until the state or tribe addresses
the deficiencies in the plan and the revised plan is approved by the
EPA. Prior to any disapproval, the EPA will work with states and tribes
in an attempt to reconcile areas of the plan that remain inconsistent
with the EG.
    Upon the effective date of a state or tribal plan, the Federal plan
will no longer apply to MSW landfills covered by such a plan and the
state or tribe would implement and enforce the state plan in lieu of
the Federal plan. When an EPA Regional office approves a state or
tribal plan, it will amend the appropriate subpart of 40 CFR part 62 to
indicate such approval.
2. State or Tribe Taking Delegation of the Federal Plan
    The EPA, in its discretion, may delegate to states or tribes the
authority to implement this Federal plan. As discussed above, the EPA
has concluded that it is advantageous and the best use of resources for
states or tribes to agree to undertake, on the EPA's behalf,
administrative and substantive roles in implementing the Federal plan
to the extent appropriate and where authorized by Federal, state, or
tribal law. If a state or tribe requests delegation, the EPA will
generally delegate the entire Federal plan to the state or tribe. These
functions include administration and oversight of compliance,
reporting, and recordkeeping requirements, MSW landfill inspections,
and preparation of draft notices of violation, but will not include any
authorities retained by the EPA. The EPA and agencies that have taken
delegation will have responsibility for bringing enforcement actions
against sources violating Federal plan provisions.

C. Implementing Authority

    The EPA Regional Administrators have been delegated the authority
for implementing the MSW Landfills Federal Plan. All reports required
by the Federal plan should be submitted to the appropriate Regional
Administrator. Table 3 of this preamble lists the

addresses for the EPA Regional offices and the states they cover.

D. Delegation of the Federal Plan and Retained Authorities

    If a state or tribe intends to take delegation of the Federal plan,
the state or tribe must submit a written request for delegation of
authority to the appropriate EPA Regional office (see Table 3). The
state or tribe must explain how it meets the criteria for delegation.
See, Good Practices Manual for Delegation of NSPS and NESHAP (U.S. EPA,
February 1983), which is available in the docket for this action. The
letter requesting delegation of authority to implement the Federal plan
must: (1) Demonstrate that the state or tribe has adequate resources,
as well as the legal authority, to administer and enforce the program;
(2) include an inventory of designated MSW landfills, which includes
those that have ceased operation, but have not been dismantled or
rendered inoperable, and an inventory of the designated units' air
emissions; (3) certify that a public hearing was held on the state or
tribal delegation request; and (4) include a memorandum of agreement
between the state or tribe and the EPA that sets forth the terms and
conditions of the delegation, the effective date of the agreement, and
the mechanism to transfer authority. Upon signature of the agreement,
the appropriate EPA Regional office will publish an approval document
in the Federal Register, thereby incorporating the delegation of
authority into the appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a state or tribe, the EPA will
implement the Federal plan. Also, if a state or tribe fails to properly
implement a delegated portion of the Federal plan, the EPA will assume
direct implementation and enforcement of that portion. The EPA will
continue to hold enforcement authority along with the state or tribe
even when the Agency has received delegation of the Federal plan. In
all cases where the Federal plan is delegated, the EPA will retain and
will not transfer authority to a state or tribe to approve the
following items promulgated in 40 CFR 62.16710(b)): (1) Approval of
alternative methods to determine the site-specific NMOC concentration
or a site-specific methane generation rate constant (k); (2)
alternative emission standards; (3) major alternatives to test methods
and monitoring; and (4) waivers of recordkeeping. Major alternatives to
test methods or to monitoring are modifications made to a federally
enforceable test method or to a Federal monitoring requirement. These
changes would involve the use of unproven technology or procedures or
an entirely new method, which is sometimes necessary when the required
test method or monitoring requirement is unsuitable.
    Any MSW landfill owner or operator who wishes to petition the EPA
for an alternative requirement to those in 40 CFR 62.16710(b) should
submit a request to the appropriate Regional Administrator with a copy
sent to the appropriate state.

VII. Title V Operating Permits

A. Title V Requirements for Existing MSW Landfills

    Existing MSW landfills with design capacities less than 2.5 million
Mg or 2.5 million m\3\ are not required to have a title V operating
permit, unless they are a major source or are subject to title V (part
70 or part 71) for some other reason (e.g., subject to a CAA section
112 national emission standards for hazardous air pollutants or to
another CAA section 111 NSPS). All existing MSW landfills with design
capacities equal to or greater than 2.5 million Mg and 2.5 million m\3\
must have a title V operating permit. Existing MSW landfills that are
not currently subject to title V permitting because their design
capacity is less than 2.5 million Mg or 2.5 million m\3\ may trigger
the requirement to apply for a title V permit in the future if the
landfill's design capacity increases to equal or exceed 2.5 million Mg
and 2.5 million m\3\. Such sources, newly subject to the requirement to
obtain a title V permit for operating the MSW landfill at or above the
2.5 million Mg or 2.5 million m\3\ capacity, become subject to the
title V program 90 days after the effective date of this Federal plan,
even if the design capacity report is submitted prior to that date.
This date that triggers title V applicability is consistent with the
2016 MSW Landfills EG. The requirements of a Federal plan are
applicable requirements for title V sources covered by a Federal plan.
Additional information for filing a timely title V application should
be obtained at the permitting authority. See 40 CFR 70.5(a)(1)(i) or
71.5(a)(1)(i).
    An MSW landfill that is closed and is no longer subject to title V
as a result of this Federal plan may remain subject to title V
permitting requirements for another reason or reasons. See 40 CFR
62.16711(e) and 40 CFR 70.3 or 71.3. In such circumstances, the
landfill would be required to continue operating in compliance with a
title V permit.

B. Title V and Delegation of Federal Plan

    Issuance of a title V permit is not equivalent to the approval of a
state or tribal plan or delegation of a Federal plan. Legally,
delegation of a standard or requirement results in a delegated state or
tribe standing in for the EPA as a matter of Federal law. This means
that obligations a source may have to the EPA under a federally
promulgated standard become obligations to the state or tribal agency
(except for functions that the EPA retains for itself) upon
delegation.\4\ Although states or tribes may have the authority under
their respective laws to incorporate CAA section 111 requirements into
their title V permits, and implement and enforce these requirements in
those permits without first taking delegation of the CAA section 111
Federal plan, the state or tribe is not standing in for the EPA as a
matter of Federal law in this situation. Where a delegation of a CAA
section 111 Federal plan is granted to a state or tribal agency,
obligations that a source has to retain functions under the Federal
plan still remain after a title V permit is issued to the source. As a
result, the EPA maintains that an approved 40 CFR part 70 operating
permits program cannot be used as a mechanism to transfer the authority
to implement and enforce the Federal plan from the EPA to a state or
tribe.
---------------------------------------------------------------------------

    \4\ If the Administrator chooses to retain certain authorities
under a standard, those authorities cannot be delegated, e.g.,
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

    A state or tribe may have the authority under state or tribal law
to incorporate CAA section 111 requirements into its title V permits
and implement and enforce these requirements in that context without
first taking delegation of the CAA section 111 Federal plan.\5\ Some
states or tribes, however, may not be able to implement and enforce a
CAA section 111 standard in a title V permit under state or tribal law
until the CAA section 111 standard has been delegated. In these
situations, a state or tribe should not issue a 40 CFR part 70 permit
to a source subject to a Federal plan before taking delegation of the
CAA section 111 Federal plan.
---------------------------------------------------------------------------

    \5\ The EPA interprets the phrase ``assure compliance'' in CAA
section 502(b)(5)(A) to mean that permitting authorities will
implement and enforce each applicable standard, regulation, or
requirement which must be included in the title V permits that the
permitting authority issues. See definition of ``applicable
requirements'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and
70.6(a)(1).
---------------------------------------------------------------------------

    However, if a state or tribe can provide an attorney general's
(AG's) opinion delineating its authority to incorporate CAA section 111

requirements into its title V permits, and then implement and enforce
these requirements through its title V permits without first taking
delegation of the requirements, then a state or tribe does not need to
take delegation of the CAA section 111 requirements for the purposes of
title V permitting.\6\ In practical terms, without approval of a state
or tribal plan, or an adequate AG's opinion, states and tribes with
approved 40 CFR part 70 permitting programs open themselves up to
potential questions regarding their authority to issue permits
containing CAA section 111 requirements and to assure compliance with
these requirements. Such questions could lead to the issuance of a
notice of deficiency for a state's or tribe's 40 CFR part 70 program.
As a result, prior to a state or tribal permitting authority drafting a
40 CFR part 70 permit for a source subject to a CAA section 111 Federal
plan, the state or tribe, the EPA Regional office, and source in
question are advised to ensure that delegation of the relevant Federal
plan has taken place or that the permitting authority has provided to
the EPA Regional office an adequate AG's opinion.
---------------------------------------------------------------------------

    \6\ It is important to note that an AG's opinion submitted at
the time of initial title V program approval is sufficient if it
demonstrates that a state, local authority, territory, or tribe has
adequate authority to incorporate CAA section 111 requirements into
its title V permits and to implement and enforce these requirements
through its title V permits without delegation.
---------------------------------------------------------------------------

    In addition, if a permitting authority chooses to rely on an AG's
opinion and not take delegation of a Federal plan, a CAA section 111
source subject to the Federal plan in that state must simultaneously
submit to both the EPA and the state or tribe all reports required by
the standard to be submitted to the EPA. Given that these reports are
necessary to implement and enforce the CAA section 111 requirements
when they are included in the title V permits, the permitting authority
needs to receive these reports at the same time as the EPA.
    In the situation where a permitting authority chooses to rely on an
AG's opinion and not take delegation of a Federal plan, the EPA
Regional offices will be responsible for implementing and enforcing CAA
section 111 requirements outside of any title V permits. Moreover, in
this situation, the EPA Regional offices will continue to be
responsible for conducting any other administrative functions required
under this Federal plan or any other CAA section 111 Federal plan. See,
e.g., section V.B of this preamble titled ``What are the final
compliance schedules?''
    It is important to note that the EPA is not using its authority
under 40 CFR 70.4(i)(3) to request that all states and tribes that do
not take delegation of this Federal plan submit supplemental AG's
opinions currently. However, the EPA Regional offices must request, and
permitting authorities must provide, such opinions when the EPA
questions a state's or tribe's authority to incorporate CAA section 111
requirements into a title V permit and implement and enforce these
requirements in that context without delegation.

VIII. Incorporation by Reference

    In accordance with the requirements of 1 CFR 51.5, we are
finalizing regulatory text in 40 CFR 62.16722(i) that includes the IBR
of 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), as an alternative for determining oxygen for wellhead standards
in 40 CFR 62.16722(a)(2)(ii) and 62.16722(a)(2)(iii)(B). For this test
method, a gas sample is continuously extracted from a duct and conveyed
to a portable analyzer for determination of nitrogen oxides, carbon
monoxide, and oxygen gas concentrations using electrochemical cells.
Analyzer design specifications, performance specifications, and test
procedures are provided to ensure reliable data. This method is an
alternative to EPA methods and is consistent with the methods already
allowed under the MSW Landfills NSPS (40 CFR part 60, subpart XXX) and
MSW Landfills EG (40 CFR part 60, subpart Cf). The ASTM standard is
available from the ASTM, 100 Barr Harbor Drive, Post Office Box C700,
West Conshohocken, PA 19428-2959. See http://www.astm.org. This IBR has
been approved by the Office of the Federal Register and the method is
federally enforceable under the CAA as of the effective date of this
final rulemaking.

IX. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB previously reviewed and approved the information
collection activities contained in the 2016 MSW Landfills EG and
assigned OMB control number 2060-0720. This action simply establishes
the MSW Landfills Federal Plan to implement the 2016 MSW Landfills EG
for those states that do not have a state plan implementing the EG and,
therefore, the information collection burden for landfills regulated
under this Federal Plan are already accounted for within the
information collection activities approved under OMB control number
2060-0720.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this action are small MSW
landfills. The Agency has determined that up to 15 small entities,
representing approximately 13 percent of the total number of small
entities subject to the Federal plan, may experience an impact of
greater than 3 percent of sales or revenues. Details of this analysis
are presented in the memorandum, Small Entity Screening Assessment for
Proposed Federal Plan for Emission Guidelines and Compliance Times for
Municipal Solid Waste Landfills, which is available in the docket for
this action. Although Oklahoma submitted corrections to the inventory
of MSW landfills during the comment period, the changes were not
expected to significantly affect the small entity screening assessment;
therefore, a new analysis was not performed. More details of the
general economic analysis of the EG, which this action implements, are
available in the docket for the 2016 MSW Landfills EG (Docket ID Item
No. EPA-HQ-OAR-2014-0451-0225).
    As explained in the preamble to the proposed rule (84 FR 43755,
August 22, 2019), more details about outreach to small businesses
conducted during the development of the 2016 MSW Landfills EG, which
this action implements, are

available in Docket ID No. EPA-HQ-OAR-2014-0451.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538. This action implements mandates specifically
and explicitly set forth in 40 CFR 60.27 without the exercise of any
policy discretion by the EPA.
    We note, however, that the EG may affect small governments because
small governments operate MSW landfills (80 FR 52146, August 27, 2015).
This action implements the promulgated EG. In developing the final 2016
MSW Landfills EG, the EPA consulted with small governments pursuant to
a plan established under section 203 of the UMRA to address impacts of
regulatory requirements in the rule that might significantly or
uniquely affect small governments. The EPA also held meetings as
discussed in section IX.F of this preamble.

E. Executive Order 13132: Federalism

    The EPA has concluded that this action may have federalism
implications, because the rule imposes substantial direct compliance
costs on state or local governments, and the Federal government will
not provide the funds necessary to pay those costs. The EPA provided a
federalism summary impact statement for the 2016 MSW Landfills EG, as
follows: The EPA consulted with state and local officials early in the
process of developing the 2016 MSW Landfills EG to permit them to have
meaningful and timely input into its development. In developing the
regulatory options reflected in the proposed and final 2016 MSW
Landfills EG, the EPA consulted with eight national organizations
representing state and local elected officials. Additionally, the
Environmental Council of the States, the National Association of Clean
Air Agencies, and the Association of State and Territorial Solid Waste
Management Officials participated in preproposal briefings. Finally, in
addition to these associations, over 140 officials representing state
and local governments across the nation participated in at least one of
three preproposal briefings in the fall of 2013 (September 10, 2013,
November 7, 2013, and November 14, 2013), which is summarized in the
docket for the 2016 MSW Landfills EG (Docket ID Item No. EPA-HQ-OAR-
2014-0451-0013). The EPA received comments on the 2016 MSW Landfills EG
from over 40 entities representing state and local governments. The EPA
conducted an additional federalism outreach meeting on April 15, 2015.
    The principal intergovernmental concerns raised during the
preproposal consultations, as well as during the proposed rule's public
comment period, include: (1) Implementation concerns associated with
shortening of GCCS installation and/or expansion timeframes; (2)
concerns regarding significant lowering of the design capacity or
emission thresholds; (3) the need for clarifications associated with
wellhead operating parameters; and (4) the need for consistent, clear,
and rigorous surface monitoring requirements. In response to these
comments and based upon the available data, the EPA decided not to
adjust the design capacity or significantly lower the emission
threshold. The EPA also decided not to adjust the time allotted for
installation of the GCCS or expansion of the wellfield. In the proposed
MSW Landfills EG (80 FR 52121, August 27, 2015), the EPA highlighted
specific concerns raised by commenters, which included state agencies
as well as landfill owners or operators, about the interaction between
shortened lag times and design plan approvals, costs, and safety
concerns associated with reduced lag times and the need for flexibility
for lag time adjustments. The EPA adjusted wellhead operating
parameters to limit corrective action requirements to negative pressure
and temperature. The EPA also acknowledged concerns about wellhead
operating parameters in 80 FR 52121 (August 27, 2015) and considered
public comments in favor of and against retention of the parameters.
    A complete list of the comments from state and local governments
was provided to OMB and was placed in the 2016 MSW Landfills EG Docket
(Final Report of the Small Business Advocacy Review Panel on EPA's
Planned Proposed Rules Standards of Performance for Municipal Solid
Waste Landfills and Review of Emissions Guidelines for Municipal Solid
Waste Landfills, Docket ID Item No. EPA-HQ-OAR-2014-0451-0139). In
addition, the detailed response to comments from these entities is
contained in the EPA's Response to Comments document for the 2016 MSW
Landfills EG (Docket ID Item No. EPA-HQ-OAR-2014-0451-0229). As
required by section 8(a) of Executive Order 13132, the EPA included a
certification from its Federalism official stating that the EPA had met
the Executive Order's requirements in a meaningful and timely manner
when it sent the draft of the 2016 MSW Landfills EG to OMB for review
pursuant to Executive Order 12866. A copy of the certification is
included in the record for the 2016 MSW Landfills EG (Outreach under
Executive Order 13132 for MSW Landfills, Docket ID Item Nos. EPA-HQ-
OAR-2014-0451-0013 and EPA-HQ-OAR-2014-0451-0100).

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

    This action has tribal implications as specified in Executive Order
13175. However, it will neither impose substantial direct compliance
costs on federally recognized tribal governments nor preempt tribal
law. The database used to estimate impacts of the 2016 MSW Landfills
EG, identified one tribe, the Salt River Pima-Maricopa Indian
Community, which owns three landfills potentially subject to this
Federal plan. One of these landfills is open, the Salt River Landfill,
and is already controlling emissions under the current NSPS/EG
framework, so while subject to this subpart, the costs of this rule are
not substantial. Two other landfills located in this tribe are closed
and anticipated to meet the definition of the closed landfill
subcategory. One of the closed landfills, the Tri Cities Landfill, is
already controlling emissions under the current NSPS/EG framework and
will not incur substantial additional compliance costs under the
Federal plan. The other landfill, North Center Street Landfill, is not
estimated to install controls under the Federal plan. The EPA offered
consultation and coordination with Indian tribes on this action to
permit them to have meaningful and timely input into its development.
However, no consultation was requested.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it implements a previously promulgated
Federal standard.

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

    This action is not subject to Executive Order 13211 because it is
not a

significant regulatory action under Executive Order 12866.

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

    This action involves technical standards. The EPA has decided to
use voluntary consensus standard ASTM D6522-11, ``Standard Test Method
for the Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen
Concentrations in Emissions from Natural Gas-Fired Reciprocating
Engines, Combustion Turbines, Boilers, and Process Heaters Using
Portable Analyzers,'' as an acceptable alternative to EPA Method 3A of
appendix A-2 of part 60 when used at the wellhead before combustion. It
is advisable to know the flammability and check the lower explosive
limit of the flue gas constituents prior to sampling, in order to avoid
undesired ignition of the gas. The results of ASTM D6522-11 may be used
to determine nitrogen oxides and carbon monoxide emission
concentrations from natural gas combustion at stationary sources. This
test method may also be used to monitor emissions during short-term
emission tests or periodically in order to optimize process operation
for nitrogen oxides and carbon monoxide control. The EPA's review is
documented in the memorandum, Voluntary Consensus Standard Results for
Emission Guidelines and Compliance Times for Municipal Solid Waste
Landfills, 2016, which is available in the docket for the 2016 MSW
Landfills EG (Docket ID Item No. EPA-HQ-OAR-2014-0451-0206). In this
rule, the EPA is finalizing regulatory text for 40 CFR part 62, subpart
OOO, that includes IBR in accordance with requirements of 1 CFR 51.5.
Specifically, the EPA is incorporating by reference ASTM D6522-11. See
section VIII. of this preamble for information on the availability of
this material.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
EPA has determined that this action increases the level of
environmental protection for all affected populations without having
any disproportionately high and adverse human health or environmental
effects on any population, including any minority, low-income, or
indigenous populations. To the extent that any minority, low-income, or
indigenous subpopulation is disproportionately impacted by LFG
emissions due to the proximity of their homes to sources of these
emissions, that subpopulation also stands to see increased
environmental and health benefit from the emission reductions called
for by this action. The results of the demographic analysis are
presented in the EJ Screening Report for Municipal Solid Waste
Landfills, July 2016, a copy of which is available in the 2016 MSW
Landfills EG Docket (Docket ID Item No. EPA-HQ-OAR-2014-0451-0223).

K. Congressional Review Act (CRA)

    This action is subject to the CRA and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Clean Air Act Section 307(d)

    This final rule is subject to the provisions of CAA section 307(d).
CAA section 307(d)(1)(C) provides that CAA section 307(d) applies to,
among other things, ``the promulgation or revision of any standard of
performance under section 7411 of this title.'' 42 U.S.C.
7407(d)(1)(C). This final rule promulgates a Federal plan, which
includes promulgation of a standard of performance, pursuant to the
authority of CAA section 111(d). The Agency has complied with
procedural requirements of CAA section 307(d) during the course of this
rulemaking.

List of Subjects in 40 CFR Part 62

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

Michael S. Regan,
Administrator.
    For the reasons set forth in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 62.13 is amended by:
0
a. Revising paragraph (b); and
0
b. Adding paragraphs (f) through (j).
    The revisions and additions read as follows:

Sec.  62.13  Federal plans.

* * * * *
    (b) The substantive requirements of the municipal solid waste
landfills Federal plan that implements 40 CFR part 60, subpart Cc of
this chapter, are contained in subpart GGG of this part. These
requirements include emission limits, compliance schedules, testing,
monitoring, and reporting and recordkeeping requirements. After June
21, 2021, per paragraph (j) of this section, the substantive
requirements of the municipal solid waste landfills Federal plan are
contained in subpart OOO of this part and owners and operators of
municipal solid waste landfills must comply with subpart OOO of this
part or a state/tribal plan implementing 40 CFR part 60, subpart Cf of
this chapter, instead of subpart GGG of this part.
* * * * *
    (f) [Reserved]
    (g) The substantive requirements of the sewage sludge incineration
units Federal plan are contained in subpart LLL of this part. These
requirements include emission limits, compliance schedules, testing,
monitoring, and reporting and recordkeeping requirements.
    (h) [Reserved]
    (i) [Reserved]
    (j) The substantive requirements of the municipal solid waste
landfills Federal plan that implements 40 CFR part 60, subpart Cf of
this chapter, are contained in subpart OOO of this part. These
requirements include emission limits, compliance schedules, testing,
monitoring, and reporting and recordkeeping requirements.

0
3. Amend Sec.  62.1115 by adding paragraph (b)(2) to read as follows:

Subpart F--California

Sec.  62.1115  Identification of sources.

* * * * *
    (b) * * *
    (2) The requirements of Sec. Sec.  60.34f(c), 60.36f(a)(5),
60.37f(a)(2) and (3), 60.38f(k), and 60.39f(e)(2) and (5) of this
chapter are not met since the plan does not provide for wellhead
operational standards, wellhead monitoring, corrective action and
recordkeeping related to temperature. Municipal solid waste landfills
subject to the plan in Sec.  62.1100(b)(7) must also implement the
provisions of Sec. Sec.  62.16716(c),

62.16720(a)(4), 62.16722(a)(2) and (3), 62.16724(k), and 62.16726(e)(2)
and (5).
* * * * *

0
4. Part 62 is amended by adding subpart OOO, consisting of Sec. Sec.
62.16710 through 62.16730, to read as follows:

Subpart OOO--Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction On or Before July 17, 2014
and Have Not Been Modified or Reconstructed Since July 17, 2014

Sec
62.16710 Scope and delegated authorities.
62.16711 Designated facilities.
62.16712 Compliance schedule and increments of progress.
62.16714 Standards for municipal solid waste landfill emissions.
62.16716 Operational standards for collection and control systems.
62.16718 Test methods and procedures.
62.16720 Compliance provisions.
62.16722 Monitoring of operations.
62.16724 Reporting guidelines.
62.16726 Recordkeeping guidelines.
62.16728 Specifications for active collection systems.
62.16730 Definitions.

Sec.  62.16710  Scope and delegated authorities.

    This subpart establishes emission control requirements and
compliance schedules for the control of designated pollutants from
certain designated municipal solid waste (MSW) landfills in accordance
with section 111(d) of the Clean Air Act and subpart B of 40 CFR part
60.
    (a) If you own or operate a designated facility as described in
Sec.  62.16711, then you must comply with this subpart.
    (b) The following authorities will not be delegated to state,
local, or tribal agencies:
    (1) Approval of alternative methods to determine the site-specific
nonmethane organic compounds (NMOC) concentration or a site-specific
methane generation rate constant (k).
    (2) Alternative emission standards.
    (3) Major alternatives to test methods. Major alternatives to test
methods or to monitoring are modifications made to a federally
enforceable test method or to a Federal monitoring requirement. These
changes may involve the use of unproven technology or modified
procedures or an entirely new method.
    (4) Waivers of recordkeeping.

Sec.  62.16711  Designated facilities.

    (a) The designated facility to which this subpart applies is each
municipal solid waste landfill in each state, protectorate, and portion
of Indian country that meets the conditions of paragraphs (a)(1) and
(2) of this section, except for landfills exempted by paragraphs (b)
and (c) of this section.
    (1) The municipal solid waste landfill commenced construction,
reconstruction, or modification on or before July 17, 2014.
    (2) The municipal solid waste landfill has accepted waste at any
time since November 8, 1987, or the landfill has additional capacity
for future waste deposition.
    (b) A municipal solid waste landfill regulated by an EPA-approved
and currently effective state or tribal plan implementing 40 CFR 60,
subpart Cf, is not subject to the requirements of this subpart.
    (c) A municipal solid waste landfill located in a state, locality,
or portion of Indian country that submitted a negative declaration
letter is not subject to the requirements of this subpart other than
the requirements in the definition of design capacity in Sec.  62.16730
to recalculate the site-specific density annually and in Sec.
62.16724(b) to submit an amended design capacity report in the event
that the recalculated design capacity is equal to or greater than 2.5
million megagrams and 2.5 million cubic meters. However, if the
existing municipal solid waste landfill already has a design capacity
equal to or greater than 2.5 million megagrams and 2.5 million cubic
meters, then it is subject to the requirements of this Federal plan.
    (d) Physical or operational changes made to an existing MSW
landfill solely to comply with an emission guideline implemented by a
state or Federal plan are not considered a modification or
reconstruction and would not subject an existing MSW landfill to the
requirements of 40 CFR 60, subpart XXX. Landfills that commence
construction, modification, or reconstruction after July 17, 2014, are
subject to 40 CFR part 60, subpart XXX.
    (e) For purposes of obtaining an operating permit under title V of
the Clean Air Act, the owner or operator of an MSW landfill subject to
this subpart with a design capacity less than 2.5 million megagrams or
2.5 million cubic meters is not subject to the requirement to obtain an
operating permit for the landfill under 40 CFR part 70 or 71, unless
the landfill is otherwise subject to either 40 CFR part 70 or 71. For
purposes of submitting a timely application for an operating permit
under 40 CFR part 70 or 71, the owner or operator of an MSW landfill
subject to this subpart with a design capacity greater than or equal to
2.5 million megagrams and 2.5 million cubic meters, and not otherwise
subject to either 40 CFR part 70 or 71, becomes subject to the
requirements of Sec.  70.5(a)(1)(i) or 71.5(a)(1)(i) of this chapter 90
days after the effective date of such CAA section 111(d) program
approval, even if the design capacity report is submitted earlier.
    (f) When an MSW landfill subject to this subpart is closed as
defined in this subpart, the owner or operator is no longer subject to
the requirement to maintain an operating permit under 40 CFR part 70 or
71 for the landfill if the landfill is not otherwise subject to the
requirements of either 40 CFR part 70 or 71 and if either of the
following conditions are met:
    (1) The landfill was never subject to the requirement to install
and operate a gas collection and control system under Sec.  62.16714;
or
    (2) The landfill meets the conditions for control system removal
specified in Sec.  62.16714(f).
    (g) When an MSW landfill subject to this subpart is in the closed
landfill subcategory, the owner or operator is not subject to the
following reports of this subpart, provided the owner or operator
submitted these reports under the provisions of 40 CFR part 60, subpart
WWW; subpart GGG of this part; or a state plan implementing 40 CFR part
60, subpart Cc, on or before July 17, 2014:
    (1) Initial design capacity report specified in Sec.  62.16724(a).
    (2) Initial or subsequent NMOC emission rate report specified in
Sec.  62.16724(c), provided that the most recent NMOC emission rate
report indicated the NMOC emissions were below 50 megagrams per year.
    (3) Collection and control system design plan specified in Sec.
62.16724(d).
    (4) Closure report specified in Sec.  62.16724(f).
    (5) Equipment removal report specified in Sec.  62.16724(g).
    (6) Initial annual report specified in Sec.  62.16724(h).
    (7) Initial performance test report in Sec.  62.16724(i).
    (h) When an MSW landfill subject to this subpart is a legacy
controlled landfill, as defined in Sec.  62.16730, the owner or
operator is not subject to the following reports of this subpart,
provided the owner or operator submitted these reports under 40 CFR
part 60, subpart WWW; subpart GGG of this part; or a state plan
implementing 40 CFR part 60, subpart Cc on or before June 21, 2021.
    (1) Initial design capacity report specified in Sec.  62.16724(a).
    (2) Initial or subsequent NMOC emission rate report specified in
Sec.  62.16724(c).

    (3) Collection and control system design plan specified in Sec.
62.16724(d).
    (5) Initial annual report specified in Sec.  62.16724(h).
    (4) Initial performance test report in Sec.  62.16724(i).

Sec.  62.16712  Compliance schedule and increments of progress.

    Planning, awarding of contracts, installing, and starting up MSW
landfill air emission collection and control equipment that is capable
of meeting the emission standards of Sec.  62.16714 must be completed
within 30 months after the date an NMOC emission rate report shows NMOC
emissions equal or exceed 34 megagrams per year; or within 30 months
after the date of the most recent NMOC emission rate report that shows
NMOC emissions equal or exceed 34 megagrams per year, if Tier 4 surface
emissions monitoring (SEM) shows a surface emission concentration of
500 parts per million methane or greater. Legacy controlled landfills
who have not yet reached increment 5 (full compliance) must demonstrate
compliance with any remaining increments of progress on this schedule.
However, they must use the date of their first report submitted under
40 CFR part 60, subpart WWW, 40 CFR part 62, subpart GGG or a state
plan implementing 40 CFR part 60, subpart Cc showing NMOC emissions at
or above 50 megagrams. The owner or operator must follow the
requirements in paragraphs (a) through (d) of this section.
    (a) Increments of progress. The owner or operator of a designated
facility that has a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters and a NMOC emission rate
greater than or equal to 34 megagrams per year must achieve the
increments of progress specified in paragraphs (a)(1) through (5) of
this section to install air pollution control devices to meet the
emission standards specified in Sec.  62.16714(b) and (c) of this
subpart. Refer to Sec.  62.16730 for a definition of each increment of
progress.
    (1) Submit control plan. Submit a final control plan (collection
and control system design plan) according to the requirements of Sec.
62.16724(d).
    (2) Award contract(s). Award contract(s) to initiate on-site
construction or initiate on-site installation of emission collection
and/or control equipment.
    (3) Initiate on-site construction. Initiate on-site construction or
initiate on-site installation of emission collection and/or control
equipment as described in the EPA-approved final control plan.
    (4) Complete on-site construction. Complete on-site construction
and installation of emission collection and/or control equipment.
    (5) Achieve final compliance. Complete construction in accordance
with the design specified in the EPA-approved final control plan and
connect the landfill gas collection system and air pollution control
equipment such that they are fully operating. The initial performance
test must be conducted within 180 days after the date the facility is
required to achieve final compliance. For a legacy controlled landfill,
the initial or most recent performance test conducted to comply with 40
CFR part 60, subpart WWW, subpart GGG of this part, or a state plan
implementing 40 CFR part 60, subpart Cc is sufficient for compliance
with this part. The test report does not have to be resubmitted.
    (b) Compliance date. For each designated facility that has a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters and a NMOC emission rate greater than or equal to 34
megagrams per year (50 megagrams per year for closed landfill
subcategory), planning, awarding of contracts, and installation of
municipal solid waste landfill air emission collection and control
equipment capable of meeting the standards in Sec.  62.16714(b) and (c)
must be accomplished within 30 months after the date the initial
emission rate report (or the annual emission rate report) first shows
that the NMOC emission rate equals or exceeds 34 megagrams per year (50
megagrams per year for closed landfill subcategory), except as provided
in Sec.  62.16712(c)(3).
    (c) Compliance schedules. The owner or operator of a designated
facility that has a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters and a NMOC emission rate
greater than or equal to 34 megagrams per year (50 megagrams per year
for closed landfill subcategory) must achieve the increments of
progress specified in paragraphs (a)(1) through (5) of this section
according to the schedule specified in paragraph (c)(1), (2), or (3) of
this section.
    (1) Achieving Increments of Progress. The owner or operator of a
designated facility must achieve the increments of progress according
to the schedule in table 1 of this subpart. Once this subpart becomes
effective, any designated facility to which this subpart applies will
remain subject to the schedule in table 1 if a subsequently approved
state or tribal plan contains a less stringent schedule, (i.e., a
schedule that provides more time to comply with increments 1, 4 and/or
5 than does this Federal plan).
    (2) Tier 4. The owner or operator of a designated facility that is
using the Tier 4 procedures specified in Sec.  62.16718(a)(6) must
achieve the increments of progress according to the schedule in table 1
of this subpart.
    (d) Alternative dates. For designated facilities that are subject
to the schedule requirements of paragraph (c)(1) of this section, the
owner or operator (or the state or tribal air pollution control
authority) may submit to the appropriate EPA Regional Office for
approval alternative dates for achieving increments 2 and 3.

Sec.  62.16714  Standards for municipal solid waste landfill emissions.

    (a) Landfills. Each owner or operator of an MSW landfill having a
design capacity greater than or equal to 2.5 million megagrams by mass
and 2.5 million cubic meters by volume must collect and control MSW
landfill emissions at each MSW landfill that meets the following
conditions:
    (1) Waste acceptance date. The landfill has accepted waste at any
time since November 8, 1987, or has additional design capacity
available for future waste deposition.
    (2) Construction commencement date. The landfill commenced
construction, reconstruction, or modification on or before July 17,
2014.
    (3) NMOC emission rate. The landfill has an NMOC emission rate
greater than or equal to 34 megagrams per year or Tier 4 SEM shows a
surface emission concentration of 500 parts per million methane or
greater.
    (4) Closed subcategory. The landfill in the closed landfill
subcategory and has an NMOC emission rate greater than or equal to 50
megagrams per year.
    (b) Collection system. Install a gas collection and control system
meeting the requirements in paragraphs (b)(1) through (3) and (c) of
this section at each MSW landfill meeting the conditions in paragraph
(a) of this section.
    (1) Collection system. Install and start up a collection and
control system that captures the gas generated within the landfill
within 30 months after:
    (i) The first annual report in which the NMOC emission rate equals
or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling
demonstrates that the NMOC emission rate is less than 34 megagrams per
year, as specified in Sec.  62.16724(d)(4), or
    (ii) The first annual report in which the NMOC emission rate equals
or exceeds 50 megagrams per year 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 for a legacy
controlled landfill or landfill in the closed landfill subcategory, or
    (iii) The most recent NMOC emission rate report in which the NMOC
emission rate equals or exceeds 34 megagrams per year based on Tier 2,
if the Tier 4 SEM shows a surface methane emission concentration of 500
parts per million methane or greater as specified in Sec.  62.16724
(d)(4)(iii).
    (2) Active. An active collection system must:
    (i) Be designed to handle the maximum expected gas flow rate from
the entire area of the landfill that warrants control over the intended
use period of the gas control system equipment.
    (ii) Collect gas from each area, cell, or group of cells in the
landfill in which the initial solid waste has been placed for a period
of 5 years or more if active; or 2 years or more if closed or at final
grade.
    (iii) Collect gas at a sufficient extraction rate.
    (iv) Be designed to minimize off-site migration of subsurface gas.
    (3) Passive. A passive collection system must:
    (i) Comply with the provisions specified in paragraphs (b)(2)(i),
(ii), and (iv) of this section.
    (ii) Be installed with liners on the bottom and all sides in all
areas in which gas is to be collected. The liners must be installed as
required under 40 CFR 258.40.
    (c) Control system. Control the gas collected from within the
landfill through the use of control devices meeting the following
requirements, except as provided in 40 CFR 60.24.
    (1) A non-enclosed flare designed and operated in accordance with
the parameters established in 40 CFR 60.18 except as noted in Sec.
62.16722(d); or
    (2) A control system designed and operated to reduce NMOC by 98
weight percent; or when an enclosed combustion device is used for
control, to either reduce NMOC by 98 weight percent or reduce the
outlet NMOC concentration to less than 20 parts-per-million by volume,
dry basis as hexane at 3-percent oxygen or less. The reduction
efficiency or concentration in parts-per-million by volume must be
established by an initial performance test to be completed no later
than 180 days after the initial startup of the approved control system
using the test methods specified in Sec.  62.16718(d). The performance
test is not required for boilers and process heaters with design heat
input capacities equal to or greater than 44 megawatts that burn
landfill gas for compliance with this subpart.
    (i) If a boiler or process heater is used as the control device,
the landfill gas stream must be introduced into the flame zone.
    (ii) The control device must be operated within the parameter
ranges established during the initial or most recent performance test.
The operating parameters to be monitored are specified in Sec.
62.16722.
    (iii) Legacy controlled landfills or landfills in the closed
landfill subcategory that have already installed control systems and
completed initial or subsequent performance tests may comply with this
subpart using the initial or most recent performance test conducted to
comply with 40 CFR part 60, subpart WWW; subpart GGG of this part; or a
state plan implementing subpart Cc of part 60, is sufficient for
compliance with this subpart.
    (3) Route the collected gas to a treatment system that processes
the collected gas for subsequent sale or beneficial use such as fuel
for combustion, production of vehicle fuel, production of high-Btu gas
for pipeline injection, or use as a raw material in a chemical
manufacturing process. Venting of treated landfill gas to the ambient
air is not allowed. If the treated landfill gas cannot be routed for
subsequent sale or beneficial use, then the treated landfill gas must
be controlled according to either paragraph (c)(1) or (2) of this
section.
    (4) All emissions from any atmospheric vent from the gas treatment
system are subject to the requirements of paragraph (b) or (c) of this
section. For purposes of this subpart, atmospheric vents located on the
condensate storage tank are not part of the treatment system and are
exempt from the requirements of paragraph (b) or (c) of this section.
    (d) Design capacity. Each owner or operator of an MSW landfill
having a design capacity less than 2.5 million megagrams by mass or 2.5
million cubic meters by volume must submit an initial design capacity
report to the Administrator as provided in Sec.  62.16724(a). The
landfill may calculate design capacity in either megagrams or cubic
meters for comparison with the exemption values. Any density
conversions must be documented and submitted with the report. Submittal
of the initial design capacity report fulfills the requirements of this
subpart except as provided in paragraphs (d)(1) and (2) of this
section.
    (1) The owner or operator must submit an amended design capacity
report as provided in Sec.  62.16724(b).
    (2) When an increase in the maximum design capacity of a landfill
with an initial design capacity less than 2.5 million megagrams or 2.5
million cubic meters results in a revised maximum design capacity equal
to or greater than 2.5 million megagrams and 2.5 million cubic meters,
the owner or operator must comply with paragraph (e) of this section.
    (e) Emissions. The 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 either install a collection and control
system as provided in paragraphs (b) and (c) of this section or
calculate an initial NMOC emission rate for the landfill using the
procedures specified in Sec.  62.16718(a). The NMOC emission rate must
be recalculated annually, except as provided in Sec.  62.16724(c)(3).
    (1) If the calculated NMOC emission rate is less than 34 megagrams
per year, the owner or operator must:
    (i) Submit an annual NMOC emission rate report according to Sec.
62.16724(c), except as provided in Sec.  62.16724(c)(3); and
    (ii) Recalculate the NMOC emission rate annually using the
procedures specified in Sec.  62.16724(a) until such time as the
calculated NMOC emission rate is equal to or greater than 34 megagrams
per year, or the landfill is closed.
    (A) If the calculated NMOC emission rate, upon initial calculation
or annual recalculation required in paragraph (e)(1)(ii) of this
section, is equal to or greater than 34 megagrams per year, the owner
or operator must either: Comply with paragraphs (b) and (c) of this
section; calculate NMOC emissions using the next higher tier in Sec.
62.16718; or conduct a surface emission monitoring demonstration using
the procedures specified in Sec.  62.16718(a)(6).
    (B) If the landfill is permanently closed, a closure report must be
submitted to the Administrator as provided in Sec.  62.16724(f), except
for exemption allowed under Sec.  62.16711(g)(4).
    (2) If the calculated NMOC emission rate is equal to or greater
than 34 megagrams per year using Tier 1, 2, or 3 procedures, the owner
or operator must either: Submit a collection and control system design
plan prepared by a professional engineer to the Administrator within 1
year as specified in Sec.  62.16724(d), except for exemptions allowed
under Sec.  62.16711(g)(3); calculate NMOC emissions using a

higher tier in Sec.  62.16718; or conduct a surface emission monitoring
demonstration using the procedures specified in Sec.  62.16718(a)(6).
    (3) For the closed landfill subcategory, if the calculated NMOC