are potentially impacted, which does not constitute a substantial
number. Additionally, the impacts to these small entities are not
significant. Only one of the two landfills has impacts greater than 3
percent of sales in two of the 30 years examined. The costs incurred by
small entities are the result of having to install controls earlier
than would have been the case under the existing NSPS. (These costs
would have been incurred in later years under the existing NSPS.) There
will continue be a lag between the opening of the landfill and the
implementation of controls during which the site will be generating
revenue through tipping fees. This analysis only considers control
costs and revenues associated with the collection of landfill gas and
does not estimate the future collection of tipping fees which will be
set at a level to adequately plan for known, future requirements.
    Given the trend toward larger landfills, it is possible that there
will be fewer small landfills in the future than in data from the past
5 years. Additionally, while we assume that the new landfills will be
financially and operationally similar to recently opened landfills,
numerous factors could influence the actual size, location, and revenue
of landfills that open in the future. The model landfills are based on
landfills currently in operation that will not be subject to the
proposed revisions. All small landfills that will be subject to these
proposed revisions will make decisions about their development and
operations with full knowledge of the requirements proposed.
    Although not required by the RFA to convene a Small Business
Advocacy Review (SBAR) Panel because the EPA has now determined that
this proposal would not have a significant economic impact on a
substantial number of small entities, the EPA had originally convened a
panel to obtain advice and recommendations from small entity
representatives potentially subject to this rule's requirements. The
panel was not formally concluded; however, a summary of the outreach
conducted and the written comments submitted by the small entity
representatives that the SBAR Panel consulted can be found in the
docket for this rulemaking. Although this proposed rule will not have a
significant economic impact on a substantial number of small entities,
the EPA nonetheless has tried to reduce the impact of this rule on
small entities. For more information, please refer to the economic
impact and small business analysis that is in the docket. We continue
to be interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
state, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
    This action does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This action applies to landfills that were constructed, modified or
reconstructed on or after July 17, 2014. Impacts resulting from the
proposed subpart XXX are far below the applicable threshold. Thus, this
action is not subject to the requirements of sections 202 or 205 of the
UMRA.
    In developing this rule, the EPA consulted with small governments
pursuant to a plan established under section 203 of the UMRA to address
impacts of regulatory requirements in the rule that might significantly
or uniquely affect small governments. The EPA held meetings as
discussed in section XI.E of this preamble under Federalism
consultations.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. The proposed rule will not have
impacts of $25 million or more in any one year. Thus, Executive Order
13132 does not apply to this action. Although section 6 of Executive
Order 13132 does not apply to this action, the EPA did consult with
state and local officials and representatives of state and local
governments in developing this action. The EPA conducted a Federalism
Consultation Outreach Meeting on September 10, 2013. Due to interest in
that meeting, additional outreach meetings were held on November 7,
2013 and November 14, 2013. Participants included the National
Governors' Association, the National Conference of State Legislatures,
the Council of State Governments, the National League of Cities, the
U.S.

Conference of Mayors, the National Association of Counties, the
International City/County Management Association, the National
Association of Towns and Townships, the County Executives of America,
the Environmental Council of States, National Association of Clean Air
Agencies, Association of State and Territorial Solid Waste Management
Officials, environmental agency representatives from 43 states, and
approximately 60 representatives from city and county governments. The
comment period was extended to allow sufficient time for interested
parties to review briefing materials and provide comments. Concerns
raised during that consultation include: Implementation concerns
associated with shortening of gas collection system installation and/or
expansion timeframes, the need for clarity in regards to the definition
of landfill gas treatment, concerns regarding significant lowering of
the design capacity or emission thresholds, the need for clarifications
associated with wellhead operating parameters and the need for
consistent, clear and rigorous surface monitoring requirements. The EPA
provided responses to these concerns in sections V, VII, and VIII of
this preamble.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicits comment on this proposed
action from state and local officials.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Based on
methodology used to predict future landfills as outlined in the
docketed memorandum ``Summary of Landfill Dataset Used in the Cost and
Emission Reduction Analysis of Landfills Regulations. 2014,'' future
tribal landfills are not anticipated to be large enough to become
subject to the rulemaking. Thus, Executive Order 13175 does not apply
to this action. The EPA specifically solicits comment on this action
from tribal officials.

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

    The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to EO 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
rule is not likely to have any adverse energy effects because there are
a small number of new landfills expected to be subject control
requirements under subpart XXX in 2023. Further, the energy demanded to
operate these control systems will be offset by additional energy
supply from landfill gas energy projects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113 (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies. The NTTAA directs the EPA to provide
Congress, through OMB, explanations when the agency decides not to use
available and applicable VCS.
    The EPA conducted searches for VCS for the Landfills NSPS through
the enhanced National Service Standards Network Database managed by the
American National Standards Institute (ANSI). The EPA also contacted
VCS organizations and accessed and searched their databases. Searches
were conducted for EPA Methods 2E, 3, 3A, 3C, 21, 25, and 25C of 40 CFR
part 60, appendix A. No applicable voluntary standards were identified
for Methods 2E, 21, and 25C.
    The search identified nine VCS that were potentially applicable for
this rule in lieu of EPA reference methods. After reviewing the
available standards, the EPA determined that the nine candidate VCS
(ANSI/ASME PTC 19-10-1981 Part 10, ASTM D3154-00 (2006), ASME B133.9-
1994 (2001), ISO 10396:1993 (2007), ISO 12039:2001, ASTM D5835-95
(2007), ASTM D6522-00 (2005), CAN/CSA Z223.2-M86 (1999), ISO
14965:2000(E)) identified for measuring emissions of pollutants or
their surrogates subject to emission standards in the rule would not be
practical due to lack of equivalency, documentation, validation data,
and other important technical and policy considerations. The EPA's
review, including review comments for these nine methods, is documented
in the memorandum, ``Voluntary Consensus Standard Results for Standards
of Performance for Municipal Solid Waste Landfills 40 CFR Part 60,
Subpart XXX'' in the docket for this rulemaking (EPA-HQ-OAR-2003-0215).
    The EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such
standards should be used in this regulation.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low income
populations in the United States.
    To gain a better understanding of the landfill source category and
near-source populations, the EPA conducted a proximity analysis at a
study area of 3 miles of the source category for this rulemaking. This
analysis identifies, on a limited basis, the subpopulations that may be
exposed to air pollution from the regulated sources and thus are
expected to benefit most from this regulation. This analysis does not
identify the demographic characteristics of the most highly affected
individuals or communities, nor does it quantify the level of risk
faced by those individuals or communities. To the extent that any
minority, low-income or indigenous subpopulation is disproportionately
impacted by hazardous air emissions due to the proximity of their homes
to sources of these emissions, that subpopulation also stands to see
increased environmental and health benefit from the emission reductions
called for by this rule.
    In regards to the landfills NSPS, the EPA has concluded that it is
not

practicable to determine whether there would be disproportionately high
and adverse human health or environmental effects on minority, low
income, or indigenous populations from this proposed rule because it is
unknown where new facilities will be located. The demographic analysis
results and the details concerning their development are presented in
the March 25, 2014 document entitled, ``2014 Environmental Justice
Screening Report for Municipal Solid Waste Landfills,'' a copy of which
is available in the docket for this rulemaking (Docket ID No. EPA-HQ-
OAR-2003-0215).

List of Subjects 40 CFR Part 60

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

    Dated: June 30, 2014.
Gina McCarthy,
Administrator.

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

PART 60--[AMENDED]

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

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

0
2. Add subpart XXX to read as follows:
Subpart XXX--Standards of Performance for Municipal Solid Waste
Landfills That Commenced Construction, Reconstruction, or Modification
on or After July 17, 2014.
Sec.
60.760 Applicability, designation of affected source, and delegation
of authority.
60.761 Definitions.
60.762 Standards for air emissions from municipal solid waste
landfills.
60.763 Operational standards for collection and control systems.
60.764 Test methods and procedures.
60.765 Compliance provisions.
60.766 Monitoring of operations.
60.767 Reporting requirements.
60.768 Recordkeeping requirements.
60.769 Specifications for active collection systems.

Subpart XXX--Standards of Performance for Municipal Solid Waste
Landfills That Commenced Construction, Reconstruction, or
Modification on or After July 17, 2014.

Sec.  60.760  Applicability, designation of affected source, and
delegation of authority.

    (a) The provisions of this subpart apply to each municipal solid
waste landfill that commenced construction, reconstruction or
modification on or after July 17, 2014. Physical or operational changes
made to a MSW landfill solely to comply with subpart Cc or WWW of this
part are not considered construction, reconstruction, or modification
for the purposes of this section.
    (b) The following authorities shall be retained by the
Administrator and not transferred to the state: Sec.  60.764(a)(5).
    (c) Activities required by or conducted pursuant to a CERCLA, RCRA,
or state remedial action are not considered construction,
reconstruction, or modification for purposes of this subpart.

Sec.  60.761  Definitions.

    As used in this subpart, all terms not defined herein shall have
the meaning given them in the Act or in subpart A of this part.
    Active collection system means a gas collection system that uses
gas mover equipment.
    Active landfill means a landfill in which solid waste is being
placed or a landfill that is planned to accept waste in the future.
    Closed landfill means a landfill in which solid waste is no longer
being placed, and in which no additional solid wastes will be placed
without first filing a notification of modification as prescribed under
Sec.  60.7(a)(4). Once a notification of modification has been filed,
and additional solid waste is placed in the landfill, the landfill is
no longer closed.
    Closure means that point in time when a landfill becomes a closed
landfill.
    Commercial solid waste means all types of solid waste generated by
stores, offices, restaurants, warehouses, and other nonmanufacturing
activities, excluding residential and industrial wastes.
    Controlled landfill means any landfill at which collection and
control systems are required under this subpart as a result of the
nonmethane organic compounds emission rate. The landfill is considered
controlled at the time a collection and control system design plan is
submitted in compliance with Sec.  60.762(b)(2)(i).
    Design capacity means the maximum amount of solid waste a landfill
can accept, as indicated in terms of volume or mass in the most recent
permit issued by the state, local, or Tribal agency responsible for
regulating the landfill, plus any in-place waste not accounted for in
the most recent permit. If the owner or operator chooses to convert the
design capacity from volume to mass or from mass to volume to
demonstrate its design capacity is less than 2.5 million megagrams or
2.5 million cubic meters, the calculation must include a site specific
density, which must be recalculated annually.
    Disposal facility means all contiguous land and structures, other
appurtenances, and improvements on the land used for the disposal of
solid waste.
    Emission rate cutoff means the threshold annual emission rate to
which a landfill compares its estimated emission rate to determine if
control under the regulation is required.
    Enclosed combustor means an enclosed firebox which maintains a
relatively constant limited peak temperature generally using a limited
supply of combustion air. An enclosed flare is considered an enclosed
combustor.
    Flare means an open combustor without enclosure or shroud.
    Gas mover equipment means the equipment (i.e., fan, blower,
compressor) used to transport landfill gas through the header system.
    Household waste means any solid waste (including garbage, trash,
and sanitary waste in septic tanks) derived from households (including,
but not limited to, single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas). Household waste does not
include fully segregated yard waste.
    Industrial solid waste means solid waste generated by manufacturing
or industrial processes that is not a hazardous waste regulated under
Subtitle C of the Resource Conservation and Recovery Act, parts 264 and
265 of this title. Such waste may include, but is not limited to, waste
resulting from the following manufacturing processes: Electric power
generation; fertilizer/agricultural chemicals; food and related
products/by-products; inorganic chemicals; iron and steel
manufacturing; leather and leather products; nonferrous metals
manufacturing/foundries; organic chemicals; plastics and resins
manufacturing; pulp and paper industry; rubber and miscellaneous
plastic products; stone, glass, clay, and concrete products; textile
manufacturing; transportation equipment; and water treatment. This term
does not include mining waste or oil and gas waste.
    Interior well means any well or similar collection component
located inside the perimeter of the landfill waste. A perimeter well
located outside

the landfilled waste is not an interior well.
    Landfill means an area of land or an excavation in which wastes are
placed for permanent disposal, and that is not a land application unit,
surface impoundment, injection well, or waste pile as those terms are
defined under Sec.  257.2 of this title.
    Lateral expansion means a horizontal expansion of the waste
boundaries of an existing MSW landfill. A lateral expansion is not a
modification unless it results in an increase in the design capacity of
the landfill.
    Modification means an increase in the permitted mass or volume
design capacity of the landfill by either horizontal or vertical
expansion based on its permitted design capacity as of July 17, 2014.
Modification does not occur until the owner or operator commences
construction on the horizontal or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire
disposal facility in a contiguous geographical space where household
waste is placed in or on land. An MSW landfill may also receive other
types of RCRA Subtitle D wastes (Sec.  257.2 of this title) such as
commercial solid waste, nonhazardous sludge, conditionally exempt small
quantity generator waste, and industrial solid waste. Portions of an
MSW landfill may be separated by access roads. An MSW landfill may be
publicly or privately owned. An MSW landfill may be a new MSW landfill,
an existing MSW landfill, or a lateral expansion.
    Municipal solid waste landfill emissions or MSW landfill emissions
means gas generated by the decomposition of organic waste deposited in
an MSW landfill or derived from the evolution of organic compounds in
the waste.
    NMOC means nonmethane organic compounds, as measured according to
the provisions of Sec.  60.764.
    Nondegradable waste means any waste that does not decompose through
chemical breakdown or microbiological activity. Examples are, but are
not limited to, concrete, municipal waste combustor ash, and metals.
    Passive collection system means a gas collection system that solely
uses positive pressure within the landfill to move the gas rather than
using gas mover equipment.
    Segregated yard waste means vegetative matter resulting exclusively
from the cutting of grass, the pruning and/or removal of bushes,
shrubs, and trees, the weeding of gardens, and other landscaping
maintenance activities.
    Sludge means any solid, semisolid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water
supply treatment plant, or air pollution control facility, exclusive of
the treated effluent from a wastewater treatment plant.
    Solid waste means any garbage, sludge from a wastewater treatment
plant, water supply treatment plant, or air pollution control facility
and other discarded material, including solid, liquid, semisolid, or
contained gaseous material resulting from industrial, commercial,
mining, and agricultural operations, and from community activities, but
does not include solid or dissolved material in domestic sewage, or
solid or dissolved materials in irrigation return flows or industrial
discharges that are point sources subject to permits under 33 U.S.C.
1342, or source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954, as amended (42 U.S.C 2011 et seq.).
    Sufficient density means any number, spacing, and combination of
collection system components, including vertical wells, horizontal
collectors, and surface collectors, necessary to maintain emission and
migration control as determined by measures of performance set forth in
this part.
    Sufficient extraction rate means a rate sufficient to maintain a
negative pressure at all wellheads in the collection system without
causing air infiltration, including any wellheads connected to the
system as a result of expansion or excess surface emissions, for the
life of the blower.
    Treated landfill gas means landfill gas processed in a treatment
system as defined in this subpart.
    Treatment system means a system that has an absolute filtration
rating of 10 microns or less, lowers the water dew point of the
landfill gas to 45 degrees Fahrenheit or lower with a de-watering
process, and compresses the landfill gas.
    Untreated landfill gas means any landfill gas that is not treated
landfill gas.

Sec.  60.762  Standards for air emissions from municipal solid waste
landfills.

    (a) Each owner or operator of an MSW landfill having a design
capacity less than 2.5 million megagrams by mass or 2.5 million cubic
meters by volume shall submit an initial design capacity report to the
Administrator as provided in Sec.  60.767(a). The landfill may
calculate design capacity in either megagrams or cubic meters for
comparison with the exemption values. Any density conversions shall be
documented and submitted with the report. Submittal of the initial
design capacity report shall fulfill the requirements of this subpart
except as provided for in paragraphs (a)(1) and (a)(2) of this section.
    (1) The owner or operator shall submit to the Administrator an
amended design capacity report, as provided for in Sec.  60.767(a)(3).
    (2) When an increase in the maximum design capacity of a landfill
exempted from the provisions of Sec.  60.762(b) through Sec.  60.769 of
this subpart on the basis of the design capacity exemption in paragraph
(a) of this section results in a revised maximum design capacity equal
to or greater than 2.5 million megagrams and 2.5 million cubic meters,
the owner or operator shall comply with the provision of paragraph (b)
of this section.
    (b) Each owner or operator of an MSW landfill having a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters, shall either comply with paragraph (b)(2) of this section
or calculate an NMOC emission rate for the landfill using the
procedures specified in Sec.  60.764. The NMOC emission rate shall be
recalculated annually, except as provided in Sec.  60.767(b)(1)(ii) of
this subpart. The owner or operator of an MSW landfill subject to this
subpart with a design capacity greater than or equal to 2.5 million
megagrams and 2.5 million cubic meters is subject to part 70 or 71
permitting requirements.
    (1) If the calculated NMOC emission rate is less than 40 megagrams
per year, the owner or operator shall:
    (i) Submit an annual emission report to the Administrator, except
as provided for in Sec.  60.767(b)(1)(ii); and
    (ii) Recalculate the NMOC emission rate annually using the
procedures specified in Sec.  60.764(a)(1) until such time as the
calculated NMOC emission rate is equal to or greater than 40 megagrams
per year, or the landfill is closed.
    (A) If the NMOC emission rate, upon recalculation required in
paragraph (b)(1)(ii) of this section, is equal to or greater than 40
megagrams per year, the owner or operator shall install and start up a
collection and control system in compliance with paragraph (b)(2) of
this section.
    (B) If the landfill is permanently closed, a closure notification
shall be submitted to the Administrator as provided for in Sec.
60.767(d).
    (2) If the calculated NMOC emission rate is equal to or greater
than 40 megagrams per year, the owner or operator shall:

    (i) Submit a collection and control system design plan prepared by
a professional engineer to the Administrator within 1 year:
    (A) The collection and control system as described in the plan
shall meet the design requirements of paragraph (b)(2)(ii) of this
section.
    (B) The collection and control system design plan shall include any
alternatives to the operational standards, test methods, procedures,
compliance measures, monitoring, recordkeeping or reporting provisions
of Sec. Sec.  60.763 through 60.768 proposed by the owner or operator.
    (C) The collection and control system design plan shall either
conform with specifications for active collection systems in Sec.
60.769 or include a demonstration to the Administrator's satisfaction
of the sufficiency of the alternative provisions to Sec.  60.769.
    (D) If the owner or operator chooses to demonstrate compliance with
the emission control requirements of this subpart using a treatment
system as defined in this subpart and according to the requirements of
paragraph (b)(2)(iii)(C) of this section, then the collection and
control system design plan must include:
    (1) Design specifications for the filtration, de-watering, and
compression systems that demonstrate conformance with the treatment
system definition contained in Sec.  60.761.
    (2) The minimum pressure drop across the filtration system, or
other monitoring parameter(s) and operating ranges that indicate proper
performance of the filtration system. The collection and control plan
must include information, such as manufacturer's recommendations or
engineering analyses, to justify the minimum pressure drop or operating
ranges for other monitoring parameters.
    (3) The landfill gas temperature for a chiller-based de-watering
system, the landfill gas dew point for a non-chiller-based de-watering
system, or other operating parameters and operating ranges that
indicate proper performance of the de-watering system. The collection
and control plan must include information, such as manufacturer's
recommendations or engineering analyses, to justify the operating
ranges for temperature, dew point, or other monitoring parameters.
    (E) The Administrator shall review the information submitted under
paragraphs (b)(2)(i)(A), (B), (C), and (D) of this section and either
approve it, disapprove it, or request that additional information be
submitted. Because of the many site-specific factors involved with
landfill gas system design, alternative systems may be necessary. A
wide variety of system designs are possible, such as vertical wells,
combination horizontal and vertical collection systems, or horizontal
trenches only, leachate collection components, and passive systems.
    (ii) Install and start up a collection and control system that
captures the gas generated within the landfill as required by
paragraphs (b)(2)(ii)(A) or (B) and (b)(2)(iii) of this section within
30 months after the first annual report in which the emission rate
equals or exceeds 40 megagrams per year, unless Tier 2 or Tier 3
sampling demonstrates that the emission rate is less than 40 megagrams
per year, as specified in Sec.  60.767(c)(1) or (2).
    (A) An active collection system shall:
    (1) 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;
    (2) 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:
    (i) 5 years or more if active; or
    (ii) 2 years or more if closed or at final grade.
    (3) Collect gas at a sufficient extraction rate;
    (4) Be designed to minimize off-site migration of subsurface gas.
    (B) A passive collection system shall:
    (1) Comply with the provisions specified in paragraphs
(b)(2)(ii)(A)(1), (2), and (2)(ii)(A)(4) of this section.
    (2) Be installed with liners on the bottom and all sides in all
areas in which gas is to be collected. The liners shall be installed as
required under Sec.  258.40.
    (iii) Route all the collected gas to a control system that complies
with the requirements in either paragraph (b)(2)(iii) (A), (B) or (C)
of this section.
    (A) An non-enclosed flare designed and operated in accordance with
Sec.  60.18 except as noted in Sec.  60.764(e);
    (B) A control system designed and operated to reduce NMOC by 98
weight-percent, or, when an enclosed combustion device is used for
control, to either reduce NMOC by 98 weight percent or reduce the
outlet NMOC concentration to less than 20 parts per million by volume,
dry basis as hexane at 3 percent oxygen. The reduction efficiency or
parts per million by volume shall be established by an initial
performance test to be completed no later than 180 days after the
initial startup of the approved control system using the test methods
specified in Sec.  60.764(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.
    (1) If a boiler or process heater is used as the control device,
the landfill gas stream shall be introduced into the flame zone.
    (2) The control device shall be operated within the parameter
ranges established during the initial or most recent performance test.
The operating parameters to be monitored are specified in Sec.  60.766;
    (C) 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. The treated gas must be used as a fuel, or must
be used for other beneficial uses such as 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 or combustion in a flare is not allowed under this option.
(If flares are used, they must meet Sec.  60.762(b)(2)(iii)(A) or (B)).
    (D) All emissions from any atmospheric vent from the gas treatment
system shall be subject to the requirements of paragraph (b)(2)(iii)(A)
or (B) 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)(2)(iii)(A)
or (B) of this section.
    (E) Landfill gas that is treated for the uses listed in paragraph
(b)(2)(iii)(C) of this section must be treated in a treatment system as
defined in Sec.  60.761 that meets the requirements of paragraph
(b)(2)(i)(D) of this section. The landfill owner or operator who is
treating landfill gas for the uses listed in paragraph (c)(3) of this
section must apply for approval of monitoring parameters that
demonstrate that the landfill gas is meeting the definition of treated
landfill gas in Sec.  60.761. The landfill owner or operator must meet
the monitoring, recordkeeping, and reporting requirements listed in
Sec. Sec.  60.766, 60.767, and 60.768 that apply to treatment systems.
    (iv) Operate the collection and control device installed to comply
with this subpart in accordance with the provisions of Sec. Sec.
60.763, 60.765 and 60.766.

    (v) The collection and control system may be capped or removed
provided that all the conditions of paragraphs (b)(2)(v)(A), (B), and
(C) of this section are met:
    (A) The landfill shall be a closed landfill as defined in Sec.
60.761 of this subpart. A closure report shall be submitted to the
Administrator as provided in Sec.  60.767(d);
    (B) The collection and control system shall have been in operation
a minimum of 15 years; and
    (C) Following the procedures specified in Sec.  60.764(b) of this
subpart, the calculated NMOC gas produced by the landfill shall be less
than 40 megagrams per year on three successive test dates. The test
dates shall be no less than 90 days apart, and no more than 180 days
apart.
    (c) For purposes of obtaining an operating permit under title V of
the Act, the owner or operator of a MSW landfill subject to this
subpart with a design capacity less than 2.5 million megagrams or 2.5
million cubic meters is not subject to the requirement to obtain an
operating permit for the landfill under part 70 or 71 of this chapter,
unless the landfill is otherwise subject to either part 70 or 71. For
purposes of submitting a timely application for an operating permit
under part 70 or 71, the owner or operator of a MSW landfill subject to
this subpart with a design capacity greater than or equal to 2.5
million megagrams and 2.5 million cubic meters, and not otherwise
subject to either part 70 or 71, becomes subject to the requirements of
Sec. Sec.  70.5(a)(1)(i) or 71.5(a)(1)(i) of this chapter, regardless
of when the design capacity report is actually submitted, no later
than:
    (1) [DATE 90 DAYS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE
FEDERAL REGISTER] for MSW landfills that commenced construction,
modification, or reconstruction on or after July 17, 2014 but before
[DATE THE FINAL RULE IS PUBLISHED IN THE FEDERAL REGISTER];
    (2) Ninety days after the date of commenced construction,
modification, or reconstruction for MSW landfills that commence
construction, modification, or reconstruction on or after [DATE THE
FINAL RULE IS PUBLISHED IN THE FEDERAL REGISTER].
    (d) When a MSW landfill subject to this subpart is closed, the
owner or operator is no longer subject to the requirement to maintain
an operating permit under part 70 or 71 of this chapter for the
landfill if the landfill is not otherwise subject to the requirements
of either part 70 or 71 and if either of the following conditions are
met:
    (1) The landfill was never subject to the requirement for a control
system under paragraph (b)(2) of this section; or
    (2) The owner or operator meets the conditions for control system
removal specified in paragraph (b)(2)(v) of this section.

Sec.  60.763  Operational standards for collection and control systems.

    Each owner or operator of an MSW landfill with a gas collection and
control system used to comply with the provisions of Sec.
60.762(b)(2)(ii) of this subpart shall:
    (a) Operate the collection system such that gas is collected from
each area, cell, or group of cells in the MSW landfill in which solid
waste has been in place for:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade;
    (b) Operate the collection system with negative pressure at each
wellhead except under the following conditions:
    (1) A fire or increased well temperature. The owner or operator
shall record instances when positive pressure occurs in efforts to
avoid a fire. These records shall be submitted with the annual reports
as provided in Sec.  60.767(f)(1);
    (2) Use of a geomembrane or synthetic cover. The owner or operator
shall develop acceptable pressure limits in the design plan;
    (3) A decommissioned well. A well may experience a static positive
pressure after shut down to accommodate for declining flows. All design
changes shall be approved by the Administrator;
    (c) Operate each interior wellhead in the collection system with a
landfill gas temperature less than 55 [deg]C and with either a nitrogen
level less than 20 percent or an oxygen level less than 5 percent. The
owner or operator may establish a higher operating temperature,
nitrogen, or oxygen value at a particular well. A higher operating
value demonstration must be submitted to the Administrator for approval
and must include supporting data demonstrating that the elevated
parameter neither causes fires nor significantly inhibits anaerobic
decomposition by killing methanogens. The demonstration must satisfy
both criteria in order to be approved (i.e., neither causing fires nor
killing methanogens is acceptable).
    (1) The nitrogen level shall be determined using Method 3C, unless
an alternative test method is established as allowed by Sec.
60.762(b)(2)(i) of this subpart.
    (2) Unless an alternative test method is established as allowed by
Sec.  60.762(b)(2)(i) of this subpart, the oxygen shall be determined
by an oxygen meter using Method 3A or 3C except that:
    (i) The span shall be set so that the regulatory limit is between
20 and 50 percent of the span;
    (ii) A data recorder is not required;
    (iii) Only two calibration gases are required, a zero and span, and
ambient air may be used as the span;
    (iv) A calibration error check is not required;
    (v) The allowable sample bias, zero drift, and calibration drift
are 10 percent.
    (d) Operate the collection system so that the methane concentration
is less than 500 parts per million above background at the surface of
the landfill. To determine if this level is exceeded, the owner or
operator shall conduct surface testing around the perimeter of the
collection area and along a pattern that traverses the landfill at 30
meter intervals and where visual observations indicate elevated
concentrations of landfill gas, such as distressed vegetation and
cracks or seeps in the cover and all cover penetrations. The owner or
operator may establish an alternative traversing pattern that ensures
equivalent coverage. A surface monitoring design plan shall be
developed that includes a topographical map with the monitoring route
and the rationale for any site-specific deviations from the 30 meter
intervals. Areas with steep slopes or other dangerous areas may be
excluded from the surface testing.
    (e) Operate the system such that all collected gases are vented to
a control system designed and operated in compliance with Sec.
60.762(b)(2)(iii). In the event the collection or control system is not
operating, the gas mover system shall be shut down and all valves in
the collection and control system contributing to venting of the gas to
the atmosphere shall be closed within 1 hour; and
    (f) Operate the control system at all times when the collected gas
is routed to the system.
    (g) If monitoring demonstrates that the operational requirements in
paragraphs (b), (c), or (d) of this section are not met, corrective
action shall be taken as specified in Sec.  60.765(a)(3) through (5) or
Sec.  60.765(c) of this subpart. If corrective actions are taken as
specified in Sec.  60.765, the monitored exceedance is not a violation
of the operational requirements in this section.

Sec.  60.764  Test methods and procedures.

    (a)(1) The landfill owner or operator shall calculate the NMOC
emission rate using either the equation provided in paragraph (a)(1)(i)
of this section or the equation provided in paragraph (a)(1)(ii) of
this section. Both equations may be used if the actual year-to-year
solid waste acceptance rate is known, as specified in paragraph
(a)(1)(i) of this section, for part of the life of the landfill and the
actual year-to-year solid waste acceptance rate is unknown, as
specified in paragraph (a)(1)(ii) of this section, for part of the life
of the landfill. The values to be used in both equations are 0.05 per
year for k, 170 cubic meters per megagram for LO, and 4,000
parts per million by volume as hexane for the CNMOC. For
landfills located in geographical areas with a thirty year annual
average precipitation of less than 25 inches, as measured at the
nearest representative official meteorologic site, the k value to be
used is 0.02 per year.
    (i) The following equation shall be used if the actual year-to-year
solid waste acceptance rate is known.

[GRAPHIC] [TIFF OMITTED] TP17JY14.000

Where:

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

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

MNMOC = 2LoR (e-\kc\ -
e-\kt\) CNMOC (3.6 x 10-\9\)

Where:

MNMOC = mass emission rate of NMOC, megagrams per year.
Lo = methane generation potential, cubic meters per
megagram solid waste.
R = average annual acceptance rate, megagrams per year.
k = methane generation rate constant, year-\1\.
t = age of landfill, years.
CNMOC = concentration of NMOC, parts per million by
volume as hexane.
c = time since closure, years; for active landfill c = O and
e-\kc\1.
3.6 x 10-9 = conversion factor.

    The mass of nondegradable solid waste may be subtracted from the
total mass of solid waste in a particular section of the landfill when
calculating the value of R, if documentation of the nature and amount
of such wastes is maintained.
    (2) Tier 1. The owner or operator shall compare the calculated NMOC
mass emission rate to the standard of 40 megagrams per year.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of
this section is less than 40 megagrams per year, then the landfill
owner shall submit an emission rate report as provided in Sec.
60.767(b)(1), and shall recalculate the NMOC mass emission rate
annually as required under Sec.  60.762(b)(1).
    (ii) If the calculated NMOC emission rate is equal to or greater
than 40 megagrams per year, then the landfill owner shall either comply
with Sec.  60.762(b)(2), or determine a site-specific NMOC
concentration and recalculate the NMOC emission rate using the
procedures provided in paragraph (a)(3) of this section.
    (3) Tier 2. The landfill owner or operator shall determine the NMOC
concentration using the following sampling procedure. The landfill
owner or operator shall install at least two sample probes per hectare
of landfill surface that has retained waste for at least 2 years. If
the landfill is larger than 25 hectares in area, only 50 samples are
required. The sample probes should be located to avoid known areas of
nondegradable solid waste. The owner or operator shall collect and
analyze one sample of landfill gas from each probe to determine the
NMOC concentration using Method 25 or 25C of appendix A of this part.
Taking composite samples from different probes into a single cylinder
is allowed; however, equal sample volumes must be taken from each
probe. For each composite, the sampling rate, collection times,
beginning and ending cylinder vacuums, or alternative volume
measurements must be recorded to verify that composite volumes are
equal. Composite sample volumes should not be less than one liter
unless evidence can be provided to substantiate the accuracy of smaller
volumes. Terminate compositing before the cylinder approaches ambient
pressure where measurement accuracy diminishes. If more than the
required number of samples are taken, all samples must be used in the
analysis. The landfill owner or operator must divide the NMOC
concentration from Method 25 or 25C of appendix A of this part by six
to convert from CNMOC as carbon to CNMOC as
hexane. If the landfill has an active or passive gas removal system in
place, Method 25 or 25C samples may be collected from these systems
instead of surface probes provided the removal system can be shown to
provide sampling as representative as the two sampling probe per
hectare requirement. For active collection systems, samples may be
collected from the common header pipe. The sample location on the
common header pipe must be before any gas moving, condensate removal,
or treatment system equipment. For active collection systems, a minimum
of three samples must be collected from the header pipe.
    (i) Within 60 days after the date of completing each performance
test (as defined in Sec.  60.8), the owner or operator must submit the
results of the performance test, including any associated fuel
analyses, according to the method specified by either paragraph
(a)(3)(i)(A) or (B) of this section.
    (A) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(http://www.epa.gov/ttn/chief/ert/index.html), the owner or operator
must submit the results of the performance test to the Compliance and
Emissions Data Reporting Interface (CEDRI) accessed through the EPA's
Central Data Exchange (CDX) (http://cdx.epa.gov/epa_home.asp), unless
otherwise approved by the Administrator. Performance test data must be
submitted in a file format generated through the use of the EPA's ERT.
Owners or operators who claim that some of the performance test
information being submitted is confidential business information (CBI)
must submit a complete file generated through the use of the EPA's ERT,
including information claimed to be CBI, on a compact disc, flash
drive, or other commonly used

electronic storage media to the EPA. The electronic media must be
clearly marked as CBI and mailed to Roberto Morales, OAQPS Document
Control Officer (C404-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711. The same file with the CBI omitted must be
submitted to the EPA via CDX as described earlier in this paragraph.
    (B) For data collected using test methods that are not supported by
the EPA's ERT as listed on the EPA's ERT Web site, the owner or
operator must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.  60.4.
    (ii) The landfill owner or operator shall recalculate the NMOC mass
emission rate using the equations provided in paragraph (a)(1)(i) or
(a)(1)(ii) of this section and using the average NMOC concentration
from the collected samples instead of the default value in the equation
provided in paragraph (a)(1) of this section.
    (iii) If the resulting mass emission rate calculated using the
site-specific NMOC concentration is equal to or greater than 40
megagrams per year, then the landfill owner or operator shall either
comply with Sec.  60.762(b)(2), or determine the site-specific methane
generation rate constant and recalculate the NMOC emission rate using
the site-specific methane generation rate using the procedure specified
in paragraph (a)(4) of this section.
    (iv) If the resulting NMOC mass emission rate is less than 40
megagrams per year, the owner or operator shall submit a periodic
estimate of the emission rate report as provided in Sec.  60.767(b)(1)
and retest the site-specific NMOC concentration every 5 years using the
methods specified in this section.
    (4) Tier 3. The site-specific methane generation rate constant
shall be determined using the procedures provided in Method 2E of
appendix A of this part. The landfill owner or operator shall estimate
the NMOC mass emission rate using equations in paragraph (a)(1)(i) or
(a)(1)(ii) of this section and using a site-specific methane generation
rate constant k, and the site-specific NMOC concentration as determined
in paragraph (a)(3) of this section instead of the default values
provided in paragraph (a)(1) of this section. The landfill owner or
operator shall compare the resulting NMOC mass emission rate to the
standard of 40 megagrams per year.
    (i) If the NMOC mass emission rate as calculated using the site-
specific methane generation rate and concentration of NMOC is equal to
or greater than 40 megagrams per year, the owner or operator shall
comply with Sec.  60.762(b)(2).
    (ii) If the NMOC mass emission rate is less than 50 megagrams per
year, then the owner or operator shall submit a periodic emission rate
report as provided in Sec.  60.767(b)(1) and shall recalculate the NMOC
mass emission rate annually, as provided in Sec.  60.767(b)(1) using
the equations in paragraph (a)(1) of this section and using the site-
specific methane generation rate constant and NMOC concentration
obtained in paragraph (a)(3) of this section. The calculation of the
methane generation rate constant is performed only once, and the value
obtained from this test shall be used in all subsequent annual NMOC
emission rate calculations.
    (5) The owner or operator may use other methods to determine the
NMOC concentration or a site-specific k as an alternative to the
methods required in paragraphs (a)(3) and (a)(4) of this section if the
method has been approved by the Administrator.
    (b) After the installation and startup of a collection and control
system in compliance with Sec.  60.765, the owner or operator shall
calculate the NMOC emission rate for purposes of determining when the
system can be removed as provided in Sec.  60.762(b)(2)(v), using the
following equation:

    MNMOC = 1.89 x
10-\3\QLFGCNMOC

Where:

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

    (1) The flow rate of landfill gas, QLFG, shall be
determined by measuring the total landfill gas flow rate at the common
header pipe that leads to the control system using a gas flow measuring
device calibrated according to the provisions of section 4 of Method 2E
of appendix A of this part.
    (2) The average NMOC concentration, CNMOC, shall be
determined by collecting and analyzing landfill gas sampled from the
common header pipe before the gas moving or condensate removal
equipment using the procedures in Method 25 or Method 25C of appendix A
of this part. The sample location on the common header pipe shall be
before any condensate removal or other gas refining units. The landfill
owner or operator shall divide the NMOC concentration from Method 25 or
Method 25C of appendix A of this part by six to convert from
CNMOC as carbon to CNMOC as hexane.
    (3) The owner or operator may use another method to determine
landfill gas flow rate and NMOC concentration if the method has been
approved by the Administrator.
    (i) Within 60 days after the date of completing each performance
test (as defined in Sec.  60.8), the owner operator must submit the
results of the performance test, including any associated fuel
analyses, according to the method specified by either paragraph
(b)(3)(i)(A) or (B) of this section.
    (A) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(http://www.epa.gov/ttn/chief/ert/index.html), the owner or operator
must submit the results of the performance test to the Compliance and
Emissions Data Reporting Interface (CEDRI) accessed through the EPA's
Central Data Exchange (CDX) (http://cdx.epa.gov/epa_home.asp), unless
otherwise approved by the Administrator. Performance test data must be
submitted in a file format generated through the use of the EPA's ERT.
Owners or operators who claim that some of the performance test
information being submitted is confidential business information (CBI)
must submit a complete file generated through the use of the EPA's ERT,
including information claimed to be CBI, on a compact disc, flash
drive, or other commonly used electronic storage media to the EPA. The
electronic media must be clearly marked as CBI and mailed to: Roberto
Morales, OAQPS Document Control Officer (C404-02), Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711. The same file with the
CBI omitted must be submitted to the EPA via CDX as described earlier
in this paragraph.
    (B) For data collected using test methods that are not supported by
the EPA`s ERT as listed on the EPA's ERT Web site, the owner or
operator must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.  60.4.
    (ii) [Reserved]
    (c) When calculating emissions for PSD purposes, the owner or
operator of each MSW landfill subject to the provisions of this subpart
shall estimate the NMOC emission rate for comparison to the PSD major
source and significance levels in Sec. Sec.  51.166 or 52.21

of this chapter using AP-42 or other approved measurement procedures.
    (d) For the performance test required in Sec.
60.762(b)(2)(iii)(B), Method 25 or 25C (Method 25C may be used at the
inlet only) of appendix A of this part must be used to determine
compliance with the 98 weight-percent efficiency or the 20 ppmv outlet
concentration level, unless another method to demonstrate compliance
has been approved by the Administrator as provided by Sec.
60.762(b)(2)(i)(B). Method 3 or 3A shall be used to determine oxygen
for correcting the NMOC concentration as hexane to 3 percent. The
following equation shall be used to calculate efficiency:

    Control Efficiency = (NMOCin- NMOCout)/
(NMOCin)

Where:

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

    (e) For the performance test required in Sec.
60.762(b)(2)(iii)(A), the net heating value of the combusted landfill
gas as determined in Sec.  60.18(f)(3) is calculated from the
concentration of methane in the landfill gas as measured by Method 3C.
A minimum of three 30-minute Method 3C samples are determined. The
measurement of other organic components, hydrogen, and carbon monoxide
is not applicable. Method 3C may be used to determine the landfill gas
molecular weight for calculating the flare gas exit velocity under
Sec.  60.18(f)(4).
    (1) Within 60 days after the date of completing each performance
test (as defined in Sec.  60.8), the owner or operator must submit the
results of the performance tests, including any associated fuel
analyses, required by Sec.  60.764(b) or (d) or this subpart according
to the method specified by either paragraph (e)(1)(i) or (ii) of this
section.
    (i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(http://www.epa.gov/ttn/chief/ert/index.html), the owner or operator
must submit the results of the performance test to the Compliance and
Emissions Data Reporting Interface (CEDRI) accessed through the EPA's
Central Data Exchange (CDX) (http://cdx.epa.gov/epa_home.asp), unless
otherwise approved by the Administrator. Owners or operators who claim
that some of the performance test information being submitted is
confidential business information (CBI) must submit a complete file
generated through the use of the EPA's ERT, including information
claimed to be CBI, on a compact disc, flash drive, or other commonly
used electronic storage media to the EPA. The electronic media must be
clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office,
Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same file with the CBI omitted must be submitted
to the EPA via CDX as described earlier in this paragraph.
    (ii) For data collected using test methods that are not supported
by the EPA`s ERT as listed on the EPA's ERT Web site, the owner or
operator must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.  60.4.
    (2) [Reserved]

Sec.  60.765  Compliance provisions.

    (a) Except as provided in Sec.  60.762(b)(2)(i)(B), the specified
methods in paragraphs (a)(1) through (a)(6) of this section shall be
used to determine whether the gas collection system is in compliance
with Sec.  60.762(b)(2)(ii).
    (1) For the purposes of calculating the maximum expected gas
generation flow rate from the landfill to determine compliance with
Sec.  60.762(b)(2)(ii)(A)(1), one of the following equations shall be
used. The k and Lo kinetic factors should be those published
in the most recent Compilation of Air Pollutant Emission Factors (AP-
42) or other site specific values demonstrated to be appropriate and
approved by the Administrator. If k has been determined as specified in
Sec.  60.764(a)(4), the value of k determined from the test shall be
used. A value of no more than 15 years shall be used for the intended
use period of the gas mover equipment. The active life of the landfill
is the age of the landfill plus the estimated number of years until
closure.
    (i) For sites with unknown year-to-year solid waste acceptance
rate:

    Qm = 2LoR (e-kc- e-kt)

Where:

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

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TP17JY14.001

Where:

QM = maximum expected gas generation flow rate, cubic
meters per year.
k = methane generation rate constant, year-1.
Lo = methane generation potential, cubic meters per
megagram solid waste.
Mi = mass of solid waste in the ith section, megagrams.
ti = age of the ith section, years.

    (iii) If a collection and control system has been installed, actual
flow data may be used to project the maximum expected gas generation
flow rate instead of, or in conjunction with, the equations in
paragraphs (a)(1)(i) and (ii) of this section. If the landfill is still
accepting waste, the actual measured flow data will not equal the
maximum expected gas generation rate, so calculations using the
equations in paragraphs (a)(1)(i) or (ii) or other methods shall be
used to predict the maximum expected gas generation rate over the
intended period of use of the gas control system equipment.
    (2) For the purposes of determining sufficient density of gas
collectors for compliance with Sec.  60.762(b)(2)(ii)(A)(2), the owner
or operator shall design a system of vertical wells, horizontal
collectors, or other collection devices, satisfactory to the
Administrator, capable of controlling and extracting gas from all
portions of the landfill sufficient to meet all operational and
performance standards.
    (3) For the purpose of demonstrating whether the gas collection
system flow rate is sufficient to determine compliance with Sec.
60.762(b)(2)(ii)(A)(3), the owner or operator shall measure gauge
pressure in the gas collection header at each individual well, monthly.
If a positive pressure exists, action shall be initiated to correct the
exceedance within 5 calendar days, except for the three conditions
allowed under Sec.  60.763(b). If negative pressure cannot be achieved
without excess air infiltration within 15 calendar days of the first
measurement, the gas collection system shall be expanded to correct the
exceedance within 120 days of the initial measurement of positive
pressure. Any attempted corrective measure shall not cause exceedances
of other operational or performance standards. An alternative timeline
for correcting the exceedance may be submitted to the Administrator for
approval.
    (4) Owners or operators are not required to expand the system as
required in paragraph (a)(3) of this

section during the first 180 days after gas collection system startup.
    (5) For the purpose of identifying whether excess air infiltration
into the landfill is occurring, the owner or operator shall monitor
each well monthly for temperature and nitrogen or oxygen as provided in
Sec.  60.763(c). If a well exceeds one of these operating parameters,
action shall be initiated to correct the exceedance within 5 calendar
days. If correction of the exceedance cannot be achieved within 15
calendar days of the first measurement, then either the gas collection
system shall be expanded to correct the exceedance within 120 days of
the initial exceedance or an alternative timeline shall be submitted.
If the owner or operator is unable to correct an exceedance within 15
days, or does not plan to expand the collection and control system
within 120 days, then the owner or operator must submit to the
Administrator for approval an alternative timeline for correcting the
exceedance. The owner or operator must submit an alternative time line
for any type of corrective action other than system expansion that will
take longer than 15 days. The owner or operator must also submit an
alternative time line and justification if they expect a system
expansion to take longer than 120 days. Any attempted corrective
measure shall not cause exceedances of other operational or performance
standards. Any attempted corrective measure shall not cause exceedances
of other operational or performance standards.
    (6) An owner or operator seeking to demonstrate compliance with
Sec.  60.762(b)(2)(ii)(A)(4) through the use of a collection system not
conforming to the specifications provided in Sec.  60.769 shall provide
information satisfactory to the Administrator as specified in Sec.
60.762(b)(2)(i)(C) demonstrating that off-site migration is being
controlled.
    (b) For purposes of compliance with Sec.  60.763(a), each owner or
operator of a controlled landfill shall place each well or design
component as specified in the approved design plan as provided in Sec.
60.762(b)(2)(i). Each well shall be installed no later than 60 days
after the date on which the initial solid waste has been in place for a
period of:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade.
    (c) The following procedures shall be used for compliance with the
surface methane operational standard as provided in Sec.  60.763(d).
    (1) After installation and startup of the gas collection system,
the owner or operator shall monitor surface concentrations of methane
along the entire perimeter of the collection area and along a pattern
that traverses the landfill at 30 meter intervals (or a site-specific
established spacing) for each collection area on a quarterly basis
using an organic vapor analyzer, flame ionization detector, or other
portable monitor meeting the specifications provided in paragraph (d)
of this section.
    (2) The background concentration shall be determined by moving the
probe inlet upwind and downwind outside the boundary of the landfill at
a distance of at least 30 meters from the perimeter wells.
    (3) Surface emission monitoring shall be performed in accordance
with section 8.3.1 of Method 21 of appendix A of this part, except that
the probe inlet shall be placed within 5 to 10 centimeters of the
ground. Monitoring shall be performed during typical meteorological
conditions.
    (4) Any reading of 500 parts per million or more above background
at any location shall be recorded as a monitored exceedance and the
actions specified in paragraphs (c)(4)(i) through (v) of this section
shall be taken. As long as the specified actions are taken, the
exceedance is not a violation of the operational requirements of Sec.
60.763(d).
    (i) The location of each monitored exceedance shall be marked and
the location and concentration recorded.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent
wells to increase the gas collection in the vicinity of each exceedance
shall be made and the location shall be re-monitored within 10 calendar
days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second
exceedance, additional corrective action shall be taken and the
location shall be monitored again within 10 days of the second
exceedance. If the re-monitoring shows a third exceedance for the same
location, the action specified in paragraph (c)(4)(v) of this section
shall be taken, and no further monitoring of that location is required
until the action specified in paragraph (c)(4)(v) of this section has
been taken.
    (iv) Any location that initially showed an exceedance but has a
methane concentration less than 500 ppm methane above background at the
10-day re-monitoring specified in paragraph (c)(4)(ii) or (iii) of this
section shall be re-monitored 1 month from the initial exceedance. If
the 1-month remonitoring shows a concentration less than 500 parts per
million above background, no further monitoring of that location is
required until the next quarterly monitoring period. If the 1-month
remonitoring shows an exceedance, the actions specified in paragraph
(c)(4)(iii) or (v) of this section shall be taken.
    (v) For any location where monitored methane concentration equals
or exceeds 500 parts per million above background three times within a
quarterly period, a new well or other collection device shall be
installed within 120 calendar days of the initial exceedance. An
alternative remedy to the exceedance, such as upgrading the blower,
header pipes or control device, and a corresponding timeline for
installation may be submitted to the Administrator for approval.
    (5) The owner or operator shall implement a program to monitor for
cover integrity and implement cover repairs as necessary on a monthly
basis.
    (d) Each owner or operator seeking to comply with the provisions in
paragraph (c) of this section shall comply with the following
instrumentation specifications and procedures for surface emission
monitoring devices:
    (1) The portable analyzer shall meet the instrument specifications
provided in section 3 of Method 21 of appendix A of this part, except
that ``methane'' shall replace all references to VOC.
    (2) The calibration gas shall be methane, diluted to a nominal
concentration of 500 parts per million in air.
    (3) To meet the performance evaluation requirements in section
3.1.3 of Method 21 of appendix A of this part, the instrument
evaluation procedures of section 4.4 of Method 21 of appendix A of this
part shall be used.
    (4) The calibration procedures provided in section 4.2 of Method 21
of appendix A of this part shall be followed immediately before
commencing a surface monitoring survey.
    (e) The provisions of this subpart apply at all times, including
periods of startup, shutdown or malfunction.

Sec.  60.766  Monitoring of operations.

    Except as provided in Sec.  60.762(b)(2)(i)(B),
    (a) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(ii)(A) for an active gas collection system shall install a
sampling port and a thermometer, other temperature measuring device, or
an access port for temperature measurements at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a
monthly basis as provided in Sec.  60.765(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on
a

monthly basis as provided in Sec.  60.765(a)(5); and
    (3) Monitor temperature of the landfill gas on a monthly basis as
provided in Sec.  60.765(a)(5).
    (b) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(iii) using an enclosed combustor shall calibrate,
maintain, and operate according to the manufacturer's specifications,
the following equipment.
    (1) A temperature monitoring device equipped with a continuous
recorder and having a minimum accuracy of 1 percent of the
temperature being measured expressed in degrees Celsius or 0.5 degrees Celsius, whichever is greater. A temperature
monitoring device is not required for boilers or process heaters with
design heat input capacity equal to or greater than 44 megawatts.
    (2) A device that records flow to and bypass of the control device.
The owner or operator shall:
    (i) Install, calibrate, and maintain a gas flow rate measuring
device that shall record the flow to the control device at least every
15 minutes; and
    (ii) Secure the bypass line valve in the closed position with a
car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism shall be performed at least once every
month to ensure that the valve is maintained in the closed position and
that the gas flow is not diverted through the bypass line.
    (c) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(iii) using a non-enclosed flare shall install, calibrate,
maintain, and operate according to the manufacturer's specifications
the following equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or
thermocouple, at the pilot light or the flame itself to indicate the
continuous presence of a flame.
    (2) A device that records flow to and bypass of the flare. The
owner or operator shall:
    (i) Install, calibrate, and maintain a gas flow rate measuring
device that shall record the flow to the control device at least every
15 minutes; and
    (ii) Secure the bypass line valve in the closed position with a
car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism shall be performed at least once every
month to ensure that the valve is maintained in the closed position and
that the gas flow is not diverted through the bypass line.
    (d) Each owner or operator seeking to demonstrate compliance with
Sec.  60.762(b)(2)(iii) using a device other than a non-enclosed flare
or an enclosed combustor or a treatment system shall provide
information satisfactory to the Administrator as provided in Sec.
60.762(b)(2)(i)(B) describing the operation of the control device, the
operating parameters that would indicate proper performance, and
appropriate monitoring procedures. The Administrator shall review the
information and either approve it, or request that additional
information be submitted. The Administrator may specify additional
appropriate monitoring procedures.
    (e) Each owner or operator seeking to install a collection system
that does not meet the specifications in Sec.  60.769 or seeking to
monitor alternative parameters to those required by Sec.  60.763
through Sec.  60.766 shall provide information satisfactory to the
Administrator as provided in Sec.  60.762(b)(2)(i)(B) and (C)
describing the design and operation of the collection system, the
operating parameters that would indicate proper performance, and
appropriate monitoring procedures. The Administrator may specify
additional appropriate monitoring procedures.
    (f) Each owner or operator seeking to demonstrate compliance with
Sec.  60.765(c), shall monitor surface concentrations of methane
according to the instrument specifications and procedures provided in
Sec.  60.765(d). Any closed landfill that has no monitored exceedances
of the operational standard in three consecutive quarterly monitoring
periods may skip to annual monitoring. Any methane reading of 500 ppm
or more above background detected during the annual monitoring returns
the frequency for that landfill to quarterly monitoring.
    (g) Each owner or operator seeking to demonstrate compliance with
Sec.  60.762(b)(2)(iii) using a landfill gas treatment system must
calibrate, maintain, and operate according to the manufacturer's
specifications, the following equipment.
    (1) A device that monitors pressure drop across, or other approved
parameter(s) for, the filtration system that is equipped with a
continuous recorder that shall record such parameters at least once
every 15 minutes. Records of hourly and 24-hour block averages computed
from the continuous monitoring data must also be retained.
    (2) A device that monitors the landfill gas temperature for a
chiller-based dewatering system, the landfill gas dew point for a non-
chiller-based dewatering system, or the approved operating parameter(s)
for the dewatering system at the monitoring locations specified in the
approved design plan. The temperature measurement device must be
located at or immediately after the coalescing filter or other direct
contact moisture removal device that follows the chiller and removes
the condensed moisture. The dew point monitoring device should be
located after the equipment that performs the moisture removal. Each
monitoring device must be equipped with a continuous recorder that
records such parameters at least once every 15 minutes. Records of
hourly and 24-hour block averages computed from the continuous
monitoring data must also be retained.
    (3) Owners/operators may use monitoring parameters other than those
listed in paragraphs (g)(1) and (2) of this section if they demonstrate
that such parameters would effectively monitor filtration or de-
watering system performance. Owners/operators must develop operating
ranges for each monitored operating parameter based on manufacturer's
recommendations or engineering analysis and submit those ranges, along
with justification, for approval in the design plan required by Sec.
60.762(b)(2). Owners/operators must monitor the required parameters and
keep them within the ranges specified in the approved design plan.
    (4) A device that records flow to and bypass of the treatment
system. The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring
device that records the flow to the treatment system at least every 15
minutes; and
    (ii) Secure the bypass line valve in the closed position with a
car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism must be performed at least once every
month to ensure that the valve is maintained in the closed position and
that the gas flow is not diverted through the bypass line.

Sec.  60.767  Reporting requirements.

    Except as provided in Sec.  60.762(b)(2)(i)(B),
    (a) Each owner or operator subject to the requirements of this
subpart shall submit an initial design capacity report to the
Administrator.
    (1) The initial design capacity report shall fulfill the
requirements of the notification of the date construction is commenced
as required by Sec.  60.7(a)(1) and shall be submitted no later than:
    (i) [DATE 90 DAYS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE
Federal Register], for landfills that commenced construction,
modification, or reconstruction on or after July 17, 2014 but before
[DATE

THE FINAL RULE IS PUBLISHED IN THE Federal Register] or
    (ii) Ninety days after the date of commenced construction,
modification, or reconstruction for landfills that commence
construction, modification, or reconstruction on or after [DATE THE
FINAL RULE IS PUBLISHED IN THE Federal Register].
    (2) The initial design capacity report shall contain the following
information:
    (i) A map or plot of the landfill, providing the size and location
of the landfill, and identifying all areas where solid waste may be
landfilled according to the permit issued by the state, local, or
tribal agency responsible for regulating the landfill.
    (ii) The maximum design capacity of the landfill. Where the maximum
design capacity is specified in the permit issued by the state, local,
or tribal agency responsible for regulating the landfill, a copy of the
permit specifying the maximum design capacity may be submitted as part
of the report. If the maximum design capacity of the landfill is not
specified in the permit, the maximum design capacity shall be
calculated using good engineering practices. The calculations shall be
provided, along with the relevant parameters as part of the report. The
state, Tribal, local agency or Administrator may request other
reasonable information as may be necessary to verify the maximum design
capacity of the landfill.
    (3) An amended design capacity report shall be submitted to the
Administrator providing notification of an increase in the design
capacity of the landfill, within 90 days of an increase in the maximum
design capacity of the landfill to or above 2.5 million megagrams and
2.5 million cubic meters. This increase in design capacity may result
from an increase in the permitted volume of the landfill or an increase
in the density as documented in the annual recalculation required in
Sec.  60.768(f).
    (b) Each owner or operator subject to the requirements of this
subpart shall submit an NMOC emission rate report to the Administrator
initially and annually thereafter, except as provided for in paragraphs
(b)(1)(ii) or (b)(3) of this section. The Administrator may request
such additional information as may be necessary to verify the reported
NMOC emission rate.
    (1) The NMOC emission rate report shall contain an annual or 5-year
estimate of the NMOC emission rate calculated using the formula and
procedures provided in Sec.  60.764(a) or (b), as applicable.
    (i) The initial NMOC emission rate report may be combined with the
initial design capacity report required in paragraph (a) of this
section and shall be submitted no later than indicated in paragraphs
(b)(1)(i)(A) and (B) of this section. Subsequent NMOC emission rate
reports shall be submitted annually thereafter, except as provided for
in paragraphs (b)(1)(ii) and (b)(3) of this section.
    (A) [DATE 90 DAYS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE
Federal Register], for landfills that commenced construction,
modification, or reconstruction on or after July 17, 2014, but before
[DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register], or
    (B) Ninety days after the date of commenced construction,
modification, or reconstruction for landfills that commence
construction, modification, or reconstruction on or after [DATE THE
FINAL RULE IS PUBLISHED IN THE Federal Register].
    (ii) If the estimated NMOC emission rate as reported in the annual
report to the Administrator is less than 40 megagrams per year in each
of the next 5 consecutive years, the owner or operator may elect to
submit an estimate of the NMOC emission rate for the next 5-year period
in lieu of the annual report. This estimate shall include the current
amount of solid waste-in-place and the estimated waste acceptance rate
for each year of the 5 years for which an NMOC emission rate is
estimated. All data and calculations upon which this estimate is based
shall be provided to the Administrator. This estimate shall be revised
at least once every 5 years. If the actual waste acceptance rate
exceeds the estimated waste acceptance rate in any year reported in the
5-year estimate, a revised 5-year estimate shall be submitted to the
Administrator. The revised estimate shall cover the 5-year period
beginning with the year in which the actual waste acceptance rate
exceeded the estimated waste acceptance rate.
    (2) The NMOC emission rate report shall include all the data,
calculations, sample reports and measurements used to estimate the
annual or 5-year emissions.
    (3) Each owner or operator subject to the requirements of this
subpart is exempted from the requirements of paragraphs (b)(1) and (2)
of this section, after the installation of a collection and control
system in compliance with Sec.  60.762(b)(2), during such time as the
collection and control system is in operation and in compliance with
Sec. Sec.  60.763 and 60.765.
    (c) Each owner or operator subject to the provisions of Sec.
60.762(b)(2)(i) shall submit a collection and control system design
plan to the Administrator within 1 year of the first report required
under paragraph (b) of this section in which the emission rate equals
or exceeds 40 megagrams per year, except as follows:
    (1) If the owner or operator elects to recalculate the NMOC
emission rate after Tier 2 NMOC sampling and analysis as provided in
Sec.  60.764(a)(3) and the resulting rate is less than 40 megagrams per
year, annual periodic reporting shall be resumed, using the Tier 2
determined site-specific NMOC concentration, until the calculated
emission rate is equal to or greater than 40 megagrams per year or the
landfill is closed. The revised NMOC emission rate report, with the
recalculated emission rate based on NMOC sampling and analysis, shall
be submitted within 180 days of the first calculated exceedance of 40
megagrams per year.
    (2) If the owner or operator elects to recalculate the NMOC
emission rate after determining a site-specific methane generation rate
constant (k), as provided in Tier 3 in Sec.  60.764(a)(4), and the
resulting NMOC emission rate is less than 40 Mg/yr, annual periodic
reporting shall be resumed. The resulting site-specific methane
generation rate constant (k) shall be used in the emission rate
calculation until such time as the emissions rate calculation results
in an exceedance. The revised NMOC emission rate report based on the
provisions of Sec.  60.764(a)(4) and the resulting site-specific
methane generation rate constant (k) shall be submitted to the
Administrator within 1 year of the first calculated emission rate
exceeding 40 megagrams per year.
    (d) Each owner or operator of a controlled landfill shall submit a
closure report to the Administrator within 30 days of waste acceptance
cessation. The Administrator may request additional information as may
be necessary to verify that permanent closure has taken place in
accordance with the requirements of 40 CFR 258.60. If a closure report
has been submitted to the Administrator, no additional wastes may be
placed into the landfill without filing a notification of modification
as described under Sec.  60.7(a)(4).
    (e) Each owner or operator of a controlled landfill shall submit an
equipment removal report to the Administrator 30 days prior to removal
or cessation of operation of the control equipment.
    (1) The equipment removal report shall contain all of the following
items:

    (i) A copy of the closure report submitted in accordance with
paragraph (d) of this section;
    (ii) A copy of the initial performance test report demonstrating
that the 15 year minimum control period has expired; and
    (iii) Dated copies of three successive NMOC emission rate reports
demonstrating that the landfill is no longer producing 40 megagrams or
greater of NMOC per year.
    (2) The Administrator may request such additional information as
may be necessary to verify that all of the conditions for removal in
Sec.  60.762(b)(2)(v) have been met.
    (f) The owner or operator of a landfill seeking to comply with
Sec.  60.762(b)(2) using an active collection system designed in
accordance with Sec.  60.762(b)(2)(ii) shall submit to the
Administrator annual reports of the recorded information in (f)(1)
through (f)(6) of this section. The initial annual report shall be
submitted within 180 days of installation and startup of the collection
and control system, and shall include the initial performance test
report required under Sec.  60.8, as applicable. For enclosed
combustion devices, flares, and treatment systems reportable
exceedances are defined under Sec.  60.768(c).
    (1) Value and length of time for exceedance of applicable
parameters monitored under Sec.  60.766(a), (b), (c), (d), and (g).
    (2) Description and duration of all periods when the gas stream is
diverted from the control device or treatment system through a bypass
line or the indication of bypass flow as specified under Sec.  60.766.
    (3) Description and duration of all periods when the control device
or treatment system was not operating and length of time the control
device or treatment system was not operating.
    (4) All periods when the collection system was not operating.
    (5) The location of each exceedance of the 500 parts per million
methane concentration as provided in Sec.  60.763(d) and the
concentration recorded at each location for which an exceedance was
recorded in the previous month.
    (6) The date of installation and the location of each well or
collection system expansion added pursuant to paragraphs (a)(3), (b),
and (c)(4) of Sec.  60.765.
    (g) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(iii) shall include the following information with the
initial performance test report required under Sec.  60.8:
    (1) A diagram of the collection system showing collection system
positioning including all wells, horizontal collectors, surface
collectors, or other gas extraction devices, including the locations of
any areas excluded from collection and the proposed sites for the
future collection system expansion;
    (2) The data upon which the sufficient density of wells, horizontal
collectors, surface collectors, or other gas extraction devices and the
gas mover equipment sizing are based;
    (3) The documentation of the presence of asbestos or nondegradable
material for each area from which collection wells have been excluded
based on the presence of asbestos or nondegradable material;
    (4) The sum of the gas generation flow rates for all areas from
which collection wells have been excluded based on nonproductivity and
the calculations of gas generation flow rate for each excluded area;
and
    (5) The provisions for increasing gas mover equipment capacity with
increased gas generation flow rate, if the present gas mover equipment
is inadequate to move the maximum flow rate expected over the life of
the landfill; and
    (6) The provisions for the control of off-site migration.
    (h) The owner or operator who has already been required to submit a
design plan under Sec.  60.767(c) must submit a revised design plan to
the Administrator for approval as follows:
    (1) Within 90 days of expanding operations to an area not covered
by the previously approved design plan.
    (2) Prior to installing or expanding the gas collection system in a
way that is not consistent with the design plan that was submitted to
the Administrator according to paragraph (c) of this section.
    (3) Prior to implementing an approved alternative operating
parameter value for temperature, nitrogen, or oxygen, if the owner or
operator has requested alternative operating parameter values according
to Sec.  60.763(c).

Sec.  60.768  Recordkeeping requirements.

    (a) Except as provided in Sec.  60.762(b)(2)(i)(B), each owner or
operator of an MSW landfill subject to the provisions of Sec.
60.762(b) shall keep for at least 5 years up-to-date, readily
accessible, on-site records of the design capacity report which
triggered Sec.  60.762(b), the current amount of solid waste in-place,
and the year-by-year waste acceptance rate. Off-site records may be
maintained if they are retrievable within 4 hours. Either paper copy or
electronic formats are acceptable.
    (b) Except as provided in Sec.  60.762(b)(2)(i)(B), each owner or
operator of a controlled landfill shall keep up-to-date, readily
accessible records for the life of the control system equipment of the
data listed in paragraphs (b)(1) through (b)(5) of this section as
measured during the initial performance test or compliance
determination. Records of subsequent tests or monitoring shall be
maintained for a minimum of 5 years. Records of the control device
vendor specifications shall be maintained until removal.
    (1) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  60.762(b)(2)(ii):
    (i) The maximum expected gas generation flow rate as calculated in
Sec.  60.765(a)(1). The owner or operator may use another method to
determine the maximum gas generation flow rate, if the method has been
approved by the Administrator.
    (ii) The density of wells, horizontal collectors, surface
collectors, or other gas extraction devices determined using the
procedures specified in Sec.  60.769(a)(1).
    (2) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  60.762(b)(2)(iii)
through use of an enclosed combustion device other than a boiler or
process heater with a design heat input capacity equal to or greater
than 44 megawatts:
    (i) The average temperature measured at least every 15 minutes and
averaged over the same time period of the performance test.
    (ii) The percent reduction of NMOC determined as specified in Sec.
60.762(b)(2)(iii)(B) achieved by the control device.
    (3) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.
60.762(b)(2)(iii)(B)(1) through use of a boiler or process heater of
any size: A description of the location at which the collected gas vent
stream is introduced into the boiler or process heater over the same
time period of the performance testing.
    (4) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  60.762(b)(2)(iii)(A)
through use of a non-enclosed flare, the flare type (i.e., steam-
assisted, air-assisted, or nonassisted), all visible emission readings,
heat content determination, flow rate or bypass flow rate measurements,
and exit velocity determinations made during the performance test as
specified in Sec.  60.18; continuous records of the flare pilot

flame or flare flame monitoring and records of all periods of
operations during which the pilot flame of the flare flame is absent.
    (5) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  60.762(b)(2)(iii)
through use of a landfill gas treatment system:
    (i) Hourly and 24-hour block averages computed from the device that
monitors pressure drop across, or other approved parameter(s) for, the
filtration system.
    (ii) Hourly and 24-hour block average temperature (chiller-based
system) or dew point (non-chiller based system) or the approved
operating parameters for the device that monitors the dewatering system
operating parameters.
    (iii) Records of exceedances of the treatment system operating
parameters that were approved in the design plan as required by Sec.
60.762(b)(2)(i)(D).
    (iv) Records of the flow of landfill gas to, and bypass of, the
treatment system.
    (c) Except as provided in Sec.  60.762(b)(2)(i)(B), each owner or
operator of a controlled landfill subject to the provisions of this
subpart shall keep for 5 years up-to-date, readily accessible
continuous records of the equipment operating parameters specified to
be monitored in Sec.  60.766 as well as up-to-date, readily accessible
records for periods of operation during which the parameter boundaries
established during the most recent performance test are exceeded.
    (1) The following constitute exceedances that shall be recorded and
reported under Sec.  60.767(f):
    (i) For enclosed combustors except for boilers and process heaters
with design heat input capacity of 44 megawatts (150 million British
thermal unit per hour) or greater, all 3-hour periods of operation
during which the average temperature was more than 28 [deg]C below the
average combustion temperature during the most recent performance test
at which compliance with Sec.  60.762(b)(2)(iii) was determined.
    (ii) For boilers or process heaters, whenever there is a change in
the location at which the vent stream is introduced into the flame zone
as required under paragraph (b)(3) of this section.
    (iii) For treatment systems used to demonstrate compliance with
Sec.  60.762(b)(2)(iii), all 24-hour periods of operation during which
the average operating parameter values are outside of the approved
ranges identified in Sec.  60.762(b)(2)(i)(D) as those that indicate
proper performance of the treatment system.
    (2) Each owner or operator subject to the provisions of this
subpart shall keep up-to-date, readily accessible continuous records of
the indication of flow to the control system and the indication of
bypass flow or records of monthly inspections of car-seals or lock-and-
key configurations used to seal bypass lines, specified under Sec.
60.766.
    (3) Each owner or operator subject to the provisions of this
subpart who uses a boiler or process heater with a design heat input
capacity of 44 megawatts or greater to comply with Sec.
60.762(b)(2)(iii) shall keep an up-to-date, readily accessible record
of all periods of operation of the boiler or process heater. (Examples
of such records could include records of steam use, fuel use, or
monitoring data collected pursuant to other state, local, Tribal, or
federal regulatory requirements.)
    (4) Each owner or operator seeking to comply with the provisions of
this subpart by use of a non-enclosed flare shall keep up-to-date,
readily accessible continuous records of the flame or flare pilot flame
monitoring specified under Sec.  60.766(c), and up-to-date, readily
accessible records of all periods of operation in which the flame or
flare pilot flame is absent.
    (5) Each owner or operator of a landfill seeking to comply with
Sec.  60.762(b)(2) using an active collection system designed in
accordance with Sec.  60.762(b)(2)(ii) shall keep records of estimates
of NMOC emissions for periods when the collection system or control
device is not operating.
    (d) Except as provided in Sec.  60.762(b)(2)(i)(B), each owner or
operator subject to the provisions of this subpart shall keep for the
life of the collection system an up-to-date, readily accessible plot
map showing each existing and planned collector in the system and
providing a unique identification location label for each collector.
    (1) Each owner or operator subject to the provisions of this
subpart shall keep up-to-date, readily accessible records of the
installation date and location of all newly installed collectors as
specified under Sec.  60.765(b).
    (2) Each owner or operator subject to the provisions of this
subpart shall keep readily accessible documentation of the nature, date
of deposition, amount, and location of asbestos-containing or
nondegradable waste excluded from collection as provided in Sec.
60.769(a)(3)(i) as well as any nonproductive areas excluded from
collection as provided in Sec.  60.769(a)(3)(ii).
    (e) Except as provided in Sec.  60.762(b)(2)(i)(B), each owner or
operator subject to the provisions of this subpart shall keep for at
least 5 years up-to-date, readily accessible records of all collection
and control system exceedances of the operational standards in Sec.
60.763, the reading in the subsequent month whether or not the second
reading is an exceedance, and the location of each exceedance.
    (f) Landfill owners or operators who convert design capacity from
volume to mass or mass to volume to demonstrate that landfill design
capacity is less than 2.5 million megagrams or 2.5 million cubic
meters, as provided in the definition of ``design capacity'', shall
keep readily accessible, on-site records of the annual recalculation of
site-specific density, design capacity, and the supporting
documentation. Off-site records may be maintained if they are
retrievable within 4 hours. Either paper copy or electronic formats are
acceptable.

Sec.  60.769  Specifications for active collection systems.

    (a) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(i) shall site active collection wells, horizontal
collectors, surface collectors, or other extraction devices at a
sufficient density throughout all gas producing areas using the
following procedures unless alternative procedures have been approved
by the Administrator as provided in Sec.  60.762(b)(2)(i)(C) and (D):
    (1) The collection devices within the interior and along the
perimeter areas shall be certified to achieve comprehensive control of
surface gas emissions by a professional engineer. The following issues
shall be addressed in the design: depths of refuse, refuse gas
generation rates and flow characteristics, cover properties, gas system
expandability, leachate and condensate management, accessibility,
compatibility with filling operations, integration with closure end
use, air intrusion control, corrosion resistance, fill settlement, and
resistance to the refuse decomposition heat.
    (2) The sufficient density of gas collection devices determined in
paragraph (a)(1) of this section shall address landfill gas migration
issues and augmentation of the collection system through the use of
active or passive systems at the landfill perimeter or exterior.
    (3) The placement of gas collection devices determined in paragraph
(a)(1) of this section shall control all gas producing areas, except as
provided by paragraphs (a)(3)(i) and (a)(3)(ii) of this section.
    (i) Any segregated area of asbestos or nondegradable material may
be excluded from collection if documented as provided under Sec.
60.768(d). The

documentation shall provide the nature, date of deposition, location
and amount of asbestos or nondegradable material deposited in the area,
and shall be provided to the Administrator upon request.
    (ii) Any nonproductive area of the landfill may be excluded from
control, provided that the total of all excluded areas can be shown to
contribute less than 1 percent of the total amount of NMOC emissions
from the landfill. The amount, location, and age of the material shall
be documented and provided to the Administrator upon request. A
separate NMOC emissions estimate shall be made for each section
proposed for exclusion, and the sum of all such sections shall be
compared to the NMOC emissions estimate for the entire landfill.
    (A) The NMOC emissions from each section proposed for exclusion
shall be computed using the following equation:

Qi = 2 k LoMi(e - \kt\i)
(CNMOC) (3.6 x 10-9)

Where:

Qi = NMOC emission rate from the i\th\ section, megagrams
per year.
k = methane generation rate constant, year-1.
Lo = methane generation potential, cubic meters per
megagram solid waste.
Mi = mass of the degradable solid waste in the i\th\
section, megagram.
ti = age of the solid waste in the i\th\ section, years.
CNMOC = concentration of nonmethane organic compounds,
parts per million by volume.
3.6 x 10-9 = conversion factor.

    (B) If the owner/operator is proposing to exclude, or cease gas
collection and control from, nonproductive physically separated (e.g.,
separately lined) closed areas that already have gas collection
systems, NMOC emissions from each physically separated closed area
shall be computed using either the equation in Sec.  60.764(b) or the
equation in paragraph (a)(3)(ii)(A) of this section.
    (iii) The values for k and CNMOC determined in field
testing shall be used if field testing has been performed in
determining the NMOC emission rate or the radii of influence (this
distance from the well center to a point in the landfill where the
pressure gradient applied by the blower or compressor approaches zero).
If field testing has not been performed, the default values for k,
LO and CNMOC provided in Sec.  60.764(a)(1) or
the alternative values from Sec.  60.764(a)(5) shall be used. The mass
of nondegradable solid waste contained within the given section may be
subtracted from the total mass of the section when estimating emissions
provided the nature, location, age, and amount of the nondegradable
material is documented as provided in paragraph (a)(3)(i) of this
section.
    (b) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(i)(A) shall construct the gas collection devices using the
following equipment or procedures:
    (1) The landfill gas extraction components shall be constructed of
polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe,
fiberglass, stainless steel, or other nonporous corrosion resistant
material of suitable dimensions to: Convey projected amounts of gases;
withstand installation, static, and settlement forces; and withstand
planned overburden or traffic loads. The collection system shall extend
as necessary to comply with emission and migration standards.
Collection devices such as wells and horizontal collectors shall be
perforated to allow gas entry without head loss sufficient to impair
performance across the intended extent of control. Perforations shall
be situated with regard to the need to prevent excessive air
infiltration.
    (2) Vertical wells shall be placed so as not to endanger underlying
liners and shall address the occurrence of water within the landfill.
Holes and trenches constructed for piped wells and horizontal
collectors shall be of sufficient cross-section so as to allow for
their proper construction and completion including, for example,
centering of pipes and placement of gravel backfill. Collection devices
shall be designed so as not to allow indirect short circuiting of air
into the cover or refuse into the collection system or gas into the
air. Any gravel used around pipe perforations should be of a dimension
so as not to penetrate or block perforations.
    (3) Collection devices may be connected to the collection header
pipes below or above the landfill surface. The connector assembly shall
include a positive closing throttle valve, any necessary seals and
couplings, access couplings and at least one sampling port. The
collection devices shall be constructed of PVC, HDPE, fiberglass,
stainless steel, or other nonporous material of suitable thickness.
    (c) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(i)(A) shall convey the landfill gas to a control system in
compliance with Sec.  60.762(b)(2)(iii) through the collection header
pipe(s). The gas mover equipment shall be sized to handle the maximum
gas generation flow rate expected over the intended use period of the
gas moving equipment using the following procedures:
    (1) For existing collection systems, the flow data shall be used to
project the maximum flow rate. If no flow data exists, the procedures
in paragraph (c)(2) of this section shall be used.
    (2) For new collection systems, the maximum flow rate shall be in
accordance with Sec.  60.765(a)(1).

[FR Doc. 2014-16405 Filed 7-16-14; 8:45 am]
BILLING CODE 6560-50-P