5% Average      3% Average     2.5% Average     percentile
----------------------------------------------------------------------------------------------------------------
2012............................................            $430           $1000           $1400           $2800

2015............................................             490            1100            1500            3000
2020............................................             580            1300            1700            3500
2025............................................             700            1500            1900            4000
2030............................................             820            1700            2200            4500
2035............................................             970            1900            2500            5300
2040............................................            1100            2200            2800            5900
2045............................................            1300            2500            3000            6600
2050............................................            1400            2700            3300            7200
----------------------------------------------------------------------------------------------------------------
\a\ The values are emissions-year specific. Estimates using several discount rates are included because the
  literature shows that estimates of the SC-CO2 (and SC-CH4) are sensitive to assumptions about the discount
  rate, and because no consensus exists on the appropriate rate to use in an intergenerational context (where
  costs and benefits are incurred by different generations). The fourth value is the 95th percentile of the SC-
  CH4 estimates across three models using a 3 percent discount rate. It is included to represent higher-than-
  expected impacts from temperature change further out in the tails of the SC-CH4 distribution.
\b\ The estimates in this table have been adjusted to reflect recent minor technical corrections to the SC-CO2
  estimates. See the Corrigendum to Marten et al. (2014), http://www.tandfonline.com/doi/abs/10.1080/14693062.2015.1070550.

    The application of these directly modeled SC-CH4
estimates from Marten et al. (2014) in a benefit-cost analysis of a
regulatory action is analogous to the use of the SC-CO2
estimates. In addition, the limitations for the SC-CO2
estimates discussed above likewise apply to the SC-CH4
estimates, given the consistency in the methodology.
    In early 2015, the EPA conducted a peer review of the application
of the Marten, et al. (2014) non-CO2 social cost estimates
in regulatory analysis and received responses that supported this
application. See the 2016 RIA for a detailed discussion.
    The EPA also carefully considered the full range of public comments
and associated technical issues on the Marten et al. SC-CH4
estimates received through this rulemaking. The comments addressed the
technical details of the SC-CO2 estimates and the Marten et
al. SC-CH4 estimates as well as their application to this
rulemaking analysis. One comment letter also provided constructive
recommendations to improve the SC-CO2 and SC-CH4
estimates in the future. Based on the evaluation of the public comments
on this rulemaking, the favorable peer review of the Marten et al.
application, and past comments urging the EPA to value non-
CO2 GHG impacts in its rulemakings, the agency has concluded
that the estimates represent the best scientific information on the
impacts of climate change available in a form appropriate for
incorporating the damages from incremental CH4 emissions
changes into regulatory analysis. The EPA has included those benefits
in the main benefits analysis. See the Response to Comments document
for the complete response to comments received on the SC-CH4
as part of this rulemaking.
    The CH4 benefits based on Marten et al. (2014) are
presented for the year 2025. Applying this approach to the methane
reductions estimated for these NSPS, the 2025 methane benefits vary by
discount rate and range from about $31 million to approximately $180
million; the mean SC-CH4 at the 3-percent discount rate
results in an estimate of about $67 million in 2025, as presented in
Table 4 of this preamble.

                          Table 4--Estimated Global Benefits of CH4 Reductions in 2025
                                              [In millions, 2012$]
----------------------------------------------------------------------------------------------------------------
                                                                  Discount rate and statistic
                                             -------------------------------------------------------------------
           Million metric tons CH4                                                                   3% 95th
                                                 5% Average       3% Average      2.5% Average      percentile
----------------------------------------------------------------------------------------------------------------
0.044.......................................             $31              $67              $86             $180
----------------------------------------------------------------------------------------------------------------

    The vast majority of this action's climate-related benefits are
associated with methane reductions. Additional climate-related benefits
are expected from the NSPS secondary air impacts, specifically, a net
reduction in CO2 emissions. Monetizing the net
CO2 reductions with the SC-CO2 estimates
described in this section yields benefits of $1.3 million in the year
2025 (average SC-CO2, 3 percent discount rate, 2012$). See
the 2016 RIA for more details. The climate-related benefits associated
with methane reductions plus the benefits from the secondary air impact
CO2 reductions amount to about $68 million in 2025 (average
SC-CH4 and average SC-CO2, each at a 3 percent
discount rate, 2012$).
    In addition to the limitation discussed above, and the referenced
documents, there are additional impacts of individual GHGs that are not
currently captured in the IAMs used in the directly modeled approach of
Marten et al. (2014), and therefore are not quantified for the rule.
For example, the NMOC portion of LFG can contain a variety of air
pollutants, including VOC and various organic HAP. VOC emissions are
precursors to both PM2.5 and ozone formation, while methane
is a GHG and a precursor to global ozone formation. These pollutants
are associated with substantial health effects, welfare effects, and
climate effects, which are discussed in section III.B of this preamble.
The ozone generated by methane has important non-climate impacts on
agriculture, ecosystems, and human health. The RIA describes the
specific impacts of

methane as an ozone precursor in more detail and discusses studies that
have estimated monetized benefits of these methane generated ozone
effects. The EPA continues to monitor developments in this area of
research.
    Finally, these final NSPS will yield benefits from reductions in
VOC and HAP emissions and from reductions in methane as a precursor to
global background concentrations of tropospheric ozone.
    Based on the monetized benefits and costs, the annual net benefits
of the rule are estimated to be approximately $62 million ($2012) in
2025, based on the average SC-CH4 at a 3 percent discount
rate, average SC-CO2 at a 3 percent discount rate, and costs
at a 7 percent discount rate.

VIII. Statutory and Executive Order Reviews

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

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

    This action is an economically significant regulatory action that
was submitted to OMB for review. Any changes made in response to OMB
recommendations have been documented in the docket. The EPA prepared an
analysis of the potential costs and benefits associated with this
action. This analysis is documented in the 2016 RIA, which is available
in docket EPA-HQ-OAR-2003-0215 and is briefly summarized in section VII
of this preamble.

B. Paperwork Reduction Act (PRA)

    The Office of Management and Budget (OMB) has approved the
information collection activities contained in this rule under the PRA
and has assigned OMB control number 2060-0697. The Information
Collection Request (ICR) document that the EPA prepared for the final
NSPS has been assigned EPA ICR number 2498.03. You can find a copy of
the ICR in the docket for this rule, and it is briefly summarized here.
    The information required to be collected is necessary to identify
the regulated entities subject to the final rule and to ensure their
compliance with the final NSPS. The recordkeeping and reporting
requirements are mandatory and are being established under authority of
CAA section 114 (42 U.S.C. 7414). All information other than emissions
data submitted as part of a report to the agency for which a claim of
confidentiality is made will be safeguarded according to CAA section
111(c) and the EPA's implementing regulations at 40 CFR part 2, subpart
B.
    Respondents/affected entities: MSW landfills that commence
construction, reconstruction, or modification after July 17, 2014.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart XXX).
    Estimated number of respondents: 133 MSW landfills (per year) that
commence construction, reconstruction, or modification after July 17,
2014.
    Frequency of response: Initially, occasionally, and annually.
    Total estimated burden: 91,087 hours (per year) for the responding
facilities and 2,634 hours (per year) for the agency. These are
estimates for the average annual burden for the first 3 years after the
rule is final. Burden is defined at 5 CCFR 1320.3(b).
    Total estimated cost: $6,130,652 (per year), which includes
annualized capital or operation and maintenance costs, for the
responding facilities and $169,978 (per year) for the agency. These are
estimates for the average annual cost for the first 3 years after the
rule is final.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this final rule may
include private small businesses and small governmental jurisdictions
that own or operate landfills. Although it is unknown how many new
landfills will be owned or operated by small entities, recent trends in
the waste industry have been towards consolidated ownership among
larger companies. The EPA has determined that approximately 10 percent
of existing landfills subject to similar regulations (40 CFR part 60,
subparts WWW and Cc or the corresponding state or federal plan) are
small entities. It was determined that the July 2014 proposed NSPS and
August 2015 supplemental to the proposed NSPS subpart would not have a
significant economic impact on a substantial number of small entities.
Given the changes in the number of landfills anticipated to become
subject to the new NSPS, the potential impact on small entities has
been reanalyzed. The EPA has determined that, with a size threshold of
2.5 million Mg and 2.5 million m\3\ and an NMOC emission rate of 34 Mg/
yr, no small entities are expected to experience an impact of greater
than 1 percent of revenues in 2025. Details of the analysis are
presented in the 2016 RIA, located in Docket ID No. EPA-HQ-OAR-2003-
0215.
    Although not required by the RFA to convene a Small Business
Advocacy Review Panel because the EPA has now determined that the final
NSPS would not have a significant economic impact on a substantial
number of small entities, the EPA originally convened a panel to obtain
advice and recommendations from small entity representatives
potentially subject to this rule's requirements. A copy of the
``Summary of Small Entity Outreach'' is included in Docket ID No. EPA-
HQ-OAR-2003-0215.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million
or more as described in UMRA, 2 U.S.C. 1531-1538. This final NSPS
applies to landfills that commence construction, reconstruction, or
modification after July 17, 2014. Impacts resulting from the final NSPS
are far below the applicable threshold. Thus, the final NSPS is not
subject to the requirements of sections 202 or 205 of the UMRA.
However, in developing the final NSPS, 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 VIII.E of this preamble under
Federalism consultations.

E. Executive Order 13132: Federalism

    The EPA has concluded that the final NSPS does not have Federalism
implications. The final NSPS does 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 final rule does not have impacts of $25 million or more in
any one year. Thus, Executive Order 13132 does not apply to the final
NSPS.
    Although section 6 of Executive Order 13132 does not apply to the
final NSPS, the EPA consulted with state and local officials and
representatives of state and local governments early in the process

of developing the final rules for MSW landfills (both the NSPS and
Emission Guidelines) to permit them to have meaningful and timely input
into its development.
    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, 2014.
An additional Federalism outreach meeting was conducted on April 15,
2015. 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, the 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. Concerns raised
during the consultations include: implementation concerns associated
with shortening of gas collection system installation and/or expansion
timeframes, concerns regarding significant lowering of the design
capacity or emission thresholds, the need for clarifications associated
with wellhead operating parameters, and the need for consistent, clear,
and rigorous surface monitoring requirements. The EPA has addressed
many of these concerns in the final rule.

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

    This action does not have tribal implications as specified in
Executive Order 13175. Based on methodology used to predict future
landfills as outlined in the docketed memorandum ``Summary of Updated
Landfill Dataset Used in the Cost and Emission Reduction Analysis of
Landfills Regulations, 2016,'' 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.

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

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

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
rule is not likely to have any adverse energy effects because there are
a small number of new or modified landfills expected to be subject to
control requirements under 40 CFR part 60, subpart XXX in 2025.
Further, the energy demanded to operate these control systems will be
offset by additional energy supply from LFG energy projects.

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

    The final NSPS involves technical standards. For the final NSPS,
the EPA has decided to use EPA Methods 2, 2E, 3, 3A, 3C, 18, 21, 25,
25A, and 25C of 40 CFR part 60, appendix A.
    The EPA identified 15 voluntary consensus standards (VCS) as being
potentially applicable (ASTM D3154-00 (2006), ASTM D3464-96 (2007),
ASTM D3796-90 (2001), ANSI/ASME PTC 19-10-1981 Part 10, ASME B133.9-
1994 (2001), ISO 10396:1993 (2007), ISO 12039:2001, ISO 10780:1994,
ASTM D5835-95 (2013), ASTM D6522-11, ASTM D6420-99 (2010), CAN/CSA
Z223.2-M86 (1999), ASTM D6060-96 (2009), ISO 14965:2000(E), EN 12619
(1999)). The EPA determined that 14 of the 15 candidate VCS identified
for measuring emissions of pollutants or their surrogates subject to
emission standards in the rule would not be practical due to lack of
equivalency, documentation, validation data, and other important
technical and policy considerations. The agency identified no
equivalent standards for Methods 2E, 21, and 25C. However, one
voluntary consensus standard was identified as an acceptable
alternative to EPA test method for the purposes of this rule.
    The voluntary consensus standard ASTM D6522-11, ``Standard Test
Method for the Determination of Nitrogen Oxides, Carbon Monoxide, and
Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating
Engines, Combustion Turbines, Boilers, and Process Heaters Using
Portable Analyzers'' is an acceptable alternative to Method 3A when
used at the wellhead before combustion. It is advisable to know the
flammability and check the Lower Explosive Limit of the flue gas
constituents, prior to sampling, in order to avoid undesired ignition
of the gas.
    The EPA's review, including review of comments for these 15
methods, is documented in the memorandum, ``Voluntary Consensus
Standard Results for Standards of Performance for Municipal Solid Waste
Landfills, 2016'' in the docket for this rulemaking (EPA-HQ-OAR-2003-
0215).
    In this rule, the EPA is finalizing regulatory text for 40 CFR part
60, subpart XXX that includes incorporation by reference in accordance
with requirements of 1 CFR 51.5. Specifically, the EPA is incorporating
by reference ASTM D6522-11. You may obtain a copy from

American Society for Testing and Materials, 100 Barr Harbor Drive, Post
Office Box C700, West Conshohocken, PA 19428-2959 or http://www.astm.org.

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

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. The EPA has determined this because the
rulemaking increases the level of environmental protection for all
affected populations without having any disproportionately high and
adverse human health or environmental effects on any population,
including any minority, low-income, or indigenous populations. To the
extent that any minority, low-income, or indigenous subpopulation is
disproportionately impacted by hazardous air emissions due to the
proximity of their homes to sources of these emissions, that
subpopulation also stands to see increased environmental and health
benefit from the emission reductions called for by this rule.
    The EPA has provided meaningful participation opportunities for
minority, low-income, indigenous populations and tribes during the
rulemaking process by conducting and participating in community calls
and webinars. Documentation of these activities can be found in the
document titled, ``2016 Environmental Justice Screening Report for
Municipal Solid Waste Landfills,'' a copy of which is available in the
docket for this action (EPA-HQ-OAR-2003-0215).

K. Congressional Review Act (CRA)

    This rule is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

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

    Dated: July 14, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends title 40, chapter I of the Code of Federal
Regulations as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

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

0
2. Amend Sec.  60.17(h)(185) by removing the period at the end of the
paragraph and adding in its place ``, 60.766(a).''

0
3. Add subpart XXX to read as follows:
Subpart XXX--Standards of Performance for Municipal Solid Waste
Landfills That Commenced Construction, Reconstruction, or Modification
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 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 after July 17, 2014. Physical or operational changes made
to an MSW landfill solely to comply with subparts Cc, Cf, or WWW of
this part are not considered construction, reconstruction, or
modification for the purposes of this section.
    (b) The following authorities are retained by the Administrator and
are not transferred to the state: Sec.  60.764(a)(5).
    (c) Activities required by or conducted pursuant to a Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA),
Resource Conservation and Recovery Act (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 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 area means a separately lined area of an MSW landfill in
which solid waste is no longer being placed. If additional solid waste
is placed in that area of the landfill, that landfill area is no longer
closed. The area must be separately lined to ensure that the landfill
gas does not migrate between open and closed areas.
    Closed landfill 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).
    Corrective action analysis means a description of all reasonable
interim and long-term measures, if any, that are available, and an
explanation of why the selected corrective action(s) is/are the best
alternative(s), including, but not limited to, considerations of cost
effectiveness, technical feasibility, safety, and secondary impacts.
    Design capacity means the maximum amount of solid waste a landfill
can accept, as indicated in terms of volume or mass in the most recent
permit issued by the state, local, or tribal agency responsible for
regulating the landfill, plus any in-place waste not accounted for in
the most recent permit. If the owner or operator chooses to convert the
design capacity from volume to mass or from mass to volume to
demonstrate its design capacity is less than 2.5 million megagrams or
2.5 million cubic meters, the calculation

must include a site-specific density, which must be recalculated
annually.
    Disposal facility means all contiguous land and structures, other
appurtenances, and improvements on the land used for the disposal of
solid waste.
    Emission rate cutoff means the threshold annual emission rate to
which a landfill compares its estimated emission rate to determine if
control under the regulation is required.
    Enclosed combustor means an enclosed firebox which maintains a
relatively constant limited peak temperature generally using a limited
supply of combustion air. An enclosed flare is considered an enclosed
combustor.
    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.
    Gust means the highest instantaneous wind speed that occurs over a
3-second running average.
    Household waste means any solid waste (including garbage, trash,
and sanitary waste in septic tanks) derived from households (including,
but not limited to, single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas). Household waste does not
include fully segregated yard waste. Segregated yard waste means
vegetative matter resulting exclusively from the cutting of grass, the
pruning and/or removal of bushes, shrubs, and trees, the weeding of
gardens, and other landscaping maintenance activities. Household waste
does not include construction, renovation, or demolition wastes, even
if originating from a household.
    Industrial solid waste means solid waste generated by manufacturing
or industrial processes that is not a hazardous waste regulated under
Subtitle C of the Resource Conservation and Recovery Act, parts 264 and
265 of this chapter. Such waste may include, but is not limited to,
waste resulting from the following manufacturing processes: Electric
power generation; fertilizer/agricultural chemicals; food and related
products/by-products; inorganic chemicals; iron and steel
manufacturing; leather and leather products; nonferrous metals
manufacturing/foundries; organic chemicals; plastics and resins
manufacturing; pulp and paper industry; rubber and miscellaneous
plastic products; stone, glass, clay, and concrete products; textile
manufacturing; transportation equipment; and water treatment. This term
does not include mining waste or oil and gas waste.
    Interior well means any well or similar collection component
located inside the perimeter of the landfill waste. A perimeter well
located outside the landfilled waste is not an interior well.
    Landfill means an area of land or an excavation in which wastes are
placed for permanent disposal, and that is not a land application unit,
surface impoundment, injection well, or waste pile as those terms are
defined under Sec.  257.2 of this title.
    Lateral expansion means a horizontal expansion of the waste
boundaries of an existing MSW landfill. A lateral expansion is not a
modification unless it results in an increase in the design capacity of
the landfill.
    Leachate recirculation means the practice of taking the leachate
collected from the landfill and reapplying it to the landfill by any of
one of a variety of methods, including pre-wetting of the waste, direct
discharge into the working face, spraying, infiltration ponds, vertical
injection wells, horizontal gravity distribution systems, and pressure
distribution systems.
    Modification means an increase in the permitted volume design
capacity of the landfill by either lateral or vertical expansion based
on its permitted design capacity as of July 17, 2014. Modification does
not occur until the owner or operator commences construction on the
lateral or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire
disposal facility in a contiguous geographical space where household
waste is placed in or on land. An MSW landfill may also receive other
types of RCRA Subtitle D wastes (Sec.  257.2 of this title) such as
commercial solid waste, nonhazardous sludge, conditionally exempt small
quantity generator waste, and industrial solid waste. Portions of an
MSW landfill may be separated by access roads. An MSW landfill may be
publicly or privately owned. An MSW landfill may be a new MSW landfill,
an existing MSW landfill, or a lateral expansion.
    Municipal solid waste landfill emissions or MSW landfill emissions
means gas generated by the decomposition of organic waste deposited in
an MSW landfill or derived from the evolution of organic compounds in
the waste.
    NMOC means nonmethane organic compounds, as measured according to
the provisions of Sec.  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.
    Root cause analysis means an assessment conducted through a process
of investigation to determine the primary cause, and any other
contributing causes, of positive pressure at a wellhead.
    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 the term sludge as defined in 40 CFR 258.2.
    Solid waste means the term solid waste as defined in 40 CFR 258.2.
    Sufficient density means any number, spacing, and combination of
collection system components, including vertical wells, horizontal
collectors, and surface collectors, necessary to maintain emission and
migration control as determined by measures of performance set forth in
this part.
    Sufficient extraction rate means a rate sufficient to maintain a
negative pressure at all wellheads in the collection system without
causing air infiltration, including any wellheads connected to the
system as a result of expansion or excess surface emissions, for the
life of the blower.
    Treated landfill gas means landfill gas processed in a treatment
system as defined in this subpart.
    Treatment system means a system that filters, de-waters, and
compresses landfill gas for sale or beneficial use.
    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 must 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 must be
documented and submitted with the report. Submittal of the initial
design capacity report fulfills the requirements

of this subpart except as provided for in paragraphs (a)(1) and (2) of
this section.
    (1) The owner or operator must 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 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 must comply with the provisions 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, must 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 must be
recalculated annually, except as provided in Sec.  60.767(b)(1)(ii).
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 34 megagrams
per year, the owner or operator must:
    (i) Submit an annual NMOC emission rate 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 34 megagrams
per year, or the landfill is closed.
    (A) If the calculated NMOC emission rate, upon initial calculation
or annual recalculation required in paragraph (b) of this section, is
equal to or greater than 34 megagrams per year, the owner or operator
must either: Comply with paragraph (b)(2) of this section; calculate
NMOC emissions using the next higher tier in Sec.  60.764; or conduct a
surface emission monitoring demonstration using the procedures
specified in Sec.  60.764(a)(6).
    (B) If the landfill is permanently closed, a closure report must be
submitted to the Administrator as provided for in Sec.  60.767(e).
    (2) If the calculated NMOC emission rate is equal to or greater
than 34 megagrams per year using Tier 1, 2, or 3 procedures, the owner
or operator must either:
    (i) Calculated NMOC Emission Rate. Submit a collection and control
system design plan prepared by a professional engineer to the
Administrator within 1 year as specified in Sec.  60.767(c); calculate
NMOC emissions using the next higher tier in Sec.  60.764; or conduct a
surface emission monitoring demonstration using the procedures
specified in Sec.  60.764(a)(6). The collection and control system must
meet the requirements in paragraphs (b)(2)(ii) and (iii) of this
section.
    (ii) Collection system. Install and start up a collection and
control system that captures the gas generated within the landfill as
required by paragraphs (b)(2)(ii)(C) or (D) and (b)(2)(iii) of this
section within 30 months after:
    (A) The first annual report in which the NMOC emission rate equals
or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling
demonstrates that the NMOC emission rate is less than 34 megagrams per
year, as specified in Sec.  60.767(c)(4); or
    (B) The most recent NMOC emission rate report in which the NMOC
emission rate equals or exceeds 34 megagrams per year based on Tier 2,
if the Tier 4 surface emissions monitoring shows a surface methane
emission concentration of 500 parts per million methane or greater as
specified in Sec.  60.767(c)(4)(iii).
    (C) An active collection system must:
    (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 5 years or more if active; or 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.
    (D) A passive collection system must:
    (1) Comply with the provisions specified in paragraphs
(b)(2)(ii)(C)(1), (2), and (3) 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 must be installed as
required under 40 CFR 258.40.
    (iii) Control system. 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) A non-enclosed flare designed and operated in accordance with
the parameters established in Sec.  60.18 except as noted in Sec.
60.764(e); or
    (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 must be established by an initial
performance test to be completed no later than 180 days after the
initial startup of the approved control system using the test methods
specified in Sec.  60.764(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 must be introduced into the flame zone.
    (2) The control device must be operated within the parameter ranges
established during the initial or most recent performance test. The
operating parameters to be monitored are specified in Sec.  60.766;
    (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. Venting of treated landfill gas to the ambient
air is not allowed. If the treated landfill gas cannot be routed for
subsequent sale or beneficial use, then the treated landfill gas must
be controlled according to either paragraph (b)(2)(iii)(A) or (B) of
this section.
    (D) All emissions from any atmospheric vent from the gas treatment
system are 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.
    (iv) Operation. 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) Removal criteria. The collection and control system may be
capped, removed, or decommissioned if the following criteria are met:

    (A) The landfill is a closed landfill (as defined in Sec.  60.761).
A closure report must be submitted to the Administrator as provided in
Sec.  60.767(e).
    (B) The collection and control system has been in operation a
minimum of 15 years or the landfill owner or operator demonstrates that
the GCCS will be unable to operate for 15 years due to declining gas
flow.
    (C) Following the procedures specified in Sec.  60.764(b), the
calculated NMOC emission rate at the landfill is less than 34 megagrams
per year on three successive test dates. The test dates must be no less
than 90 days apart, and no more than 180 days apart.
    (c) For purposes of obtaining an operating permit under title V of
the Clean Air Act, the owner or operator of an MSW landfill subject to
this subpart with a design capacity less than 2.5 million megagrams or
2.5 million cubic meters is not subject to the requirement to obtain an
operating permit for the landfill under part 70 or 71 of this chapter,
unless the landfill is otherwise subject to either part 70 or 71. For
purposes of submitting a timely application for an operating permit
under part 70 or 71, the owner or operator of an MSW landfill subject
to this subpart with a design capacity greater than or equal to 2.5
million megagrams and 2.5 million cubic meters, and not otherwise
subject to either part 70 or 71, becomes subject to the requirements of
Sec.  70.5(a)(1)(i) or Sec.  71.5(a)(1)(i) of this chapter, regardless
of when the design capacity report is actually submitted, no later
than:
    (1) November 28, 2016 for MSW landfills that commenced
construction, modification, or reconstruction after July 17, 2014 but
before August 29, 2016;
    (2) Ninety days after the date of commenced construction,
modification, or reconstruction for MSW landfills that commence
construction, modification, or reconstruction after August 29, 2016.
    (d) When an MSW landfill subject to this subpart is closed as
defined in this subpart, the owner or operator is no longer subject to
the requirement to maintain an operating permit under part 70 or 71 of
this chapter for the landfill if the landfill is not otherwise subject
to the requirements of either part 70 or 71 and if either of the
following conditions are met:
    (1) The landfill was never subject to the requirement 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)
must:
    (a) Operate the collection system such that gas is collected from
each area, cell, or group of cells in the MSW landfill in which solid
waste has been in place for:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade;
    (b) Operate the collection system with negative pressure at each
wellhead except under the following conditions:
    (1) A fire or increased well temperature. The owner or operator
must record instances when positive pressure occurs in efforts to avoid
a fire. These records must be submitted with the annual reports as
provided in Sec.  60.767(g)(1);
    (2) Use of a geomembrane or synthetic cover. The owner or operator
must develop acceptable pressure limits in the design plan;
    (3) A decommissioned well. A well may experience a static positive
pressure after shut down to accommodate for declining flows. All design
changes must be approved by the Administrator as specified in Sec.
60.767(c);
    (c) Operate each interior wellhead in the collection system with a
landfill gas temperature less than 55 degrees Celsius (131 degrees
Fahrenheit). The owner or operator may establish a higher operating
temperature value at a particular well. A higher operating value
demonstration must be submitted to the Administrator for approval and
must include supporting data demonstrating that the elevated parameter
neither causes fires nor significantly inhibits anaerobic decomposition
by killing methanogens. The demonstration must satisfy both criteria in
order to be approved (i.e., neither causing fires nor killing
methanogens is acceptable).
    (d) Operate the collection system so that the methane concentration
is less than 500 parts per million above background at the surface of
the landfill. To determine if this level is exceeded, the owner or
operator must conduct surface testing using an organic vapor analyzer,
flame ionization detector, or other portable monitor meeting the
specifications provided in Sec.  60.765(d). The owner or operator must
conduct surface testing around the perimeter of the collection area and
along a pattern that traverses the landfill at no more than 30-meter
intervals and where visual observations indicate elevated
concentrations of landfill gas, such as distressed vegetation and
cracks or seeps in the cover and all cover penetrations. Thus, the
owner or operator must monitor any openings that are within an area of
the landfill where waste has been placed and a gas collection system is
required. The owner or operator may establish an alternative traversing
pattern that ensures equivalent coverage. A surface monitoring design
plan must be developed that includes a topographical map with the
monitoring route and the rationale for any site-specific deviations
from the 30-meter intervals. Areas with steep slopes or other dangerous
areas may be excluded from the surface testing.
    (e) Operate the system such that all collected gases are vented to
a control system designed and operated in compliance with Sec.
60.762(b)(2)(iii). In the event the collection or control system is not
operating, the gas mover system must be shut down and all valves in the
collection and control system contributing to venting of the gas to the
atmosphere must be closed within 1 hour of the collection or control
system not operating; 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 must be taken as specified in Sec.  60.765(a)(3) and (5) or (c).
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) NMOC Emission Rate. The landfill owner or operator must
calculate the NMOC emission rate using either Equation 1 provided in
paragraph (a)(1)(i) of this section or Equation 2 provided in paragraph
(a)(1)(ii) of this section. Both Equation 1 and Equation 2 may be used
if the actual year-to-year solid waste acceptance rate is known, as
specified in paragraph (a)(1)(i) of this section, for part of the life
of the landfill and the actual year-to-year solid waste acceptance rate
is unknown, as specified in paragraph (a)(1)(ii) of this section, for
part of the life of the landfill. The values to be used in both
Equation 1 and Equation 2 are 0.05 per year for k, 170 cubic meters per
megagram for Lo, and 4,000 parts per million by volume as
hexane for the CNMOC. For landfills located in geographical
areas with a 30-year annual average precipitation of less than 25
inches, as measured at the nearest

representative official meteorologic site, the k value to be used is
0.02 per year.
    (i)(A) Equation 1 must be used if the actual year-to-year solid
waste acceptance rate is known.
[GRAPHIC] [TIFF OMITTED] TR29AU16.007

Where:

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

    (B) The mass of nondegradable solid waste may be subtracted from
the total mass of solid waste in a particular section of the landfill
when calculating the value for Mi if documentation of the
nature and amount of such wastes is maintained.
    (ii)(A) Equation 2 must be used if the actual year-to-year solid
waste acceptance rate is unknown.
[GRAPHIC] [TIFF OMITTED] TR29AU16.008

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 = 0 and
e-\kc\ = 1.
3.6 x 10-\9\ = Conversion factor.

    (B) The mass of nondegradable solid waste may be subtracted from
the total mass of solid waste in a particular section of the landfill
when calculating the value of R, if documentation of the nature and
amount of such wastes is maintained.
    (2) Tier 1. The owner or operator must compare the calculated NMOC
mass emission rate to the standard of 34 megagrams per year.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of
this section is less than 34 megagrams per year, then the landfill
owner or operator must submit an NMOC emission rate report according to
Sec.  60.767(b), and must recalculate the NMOC mass emission rate
annually as required under Sec.  60.762(b).
    (ii) If the calculated NMOC emission rate as calculated in
paragraph (a)(1) of this section is equal to or greater than 34
megagrams per year, then the landfill owner must either:
    (A) Submit a gas collection and control system design plan within 1
year as specified in Sec.  60.767(c) and install and operate a gas
collection and control system within 30 months according to Sec.
60.762(b)(2)(ii) and (iii);
    (B) Determine a site-specific NMOC concentration and recalculate
the NMOC emission rate using the Tier 2 procedures provided in
paragraph (a)(3) of this section; or
    (C) Determine a site-specific methane generation rate constant and
recalculate the NMOC emission rate using the Tier 3 procedures provided
in paragraph (a)(4) of this section.
    (3) Tier 2. The landfill owner or operator must determine the site-
specific NMOC concentration using the following sampling procedure. The
landfill owner or operator must install at least two sample probes per
hectare, evenly distributed over the landfill surface that has retained
waste for at least 2 years. If the landfill is larger than 25 hectares
in area, only 50 samples are required. The probes should be evenly
distributed across the sample area. The sample probes should be located
to avoid known areas of nondegradable solid waste. The owner or
operator must collect and analyze one sample of landfill gas from each
probe to determine the NMOC concentration using Method 25 or 25C of
appendix A of this part. Taking composite samples from different probes
into a single cylinder is allowed; however, equal sample volumes must
be taken from each probe. For each composite, the sampling rate,
collection times, beginning and ending cylinder vacuums, or alternative
volume measurements must be recorded to verify that composite volumes
are equal. Composite sample volumes should not be less than one liter
unless evidence can be provided to substantiate the accuracy of smaller
volumes. Terminate compositing before the cylinder approaches ambient
pressure where measurement accuracy diminishes. If more than the
required number of samples 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 according to Sec.  60.767(i)(1).
    (ii) The landfill owner or operator must recalculate the NMOC mass
emission rate using Equation 1 or Equation 2 provided in paragraph
(a)(1)(i) or (a)(1)(ii) of this section and using the average site-
specific NMOC concentration from the collected samples instead of the
default value provided in paragraph (a)(1) of this section.
    (iii) If the resulting NMOC mass emission rate is less than 34
megagrams per year, then the owner or operator must submit a periodic
estimate of NMOC emissions in an NMOC emission rate report according to
Sec.  60.767(b)(1), and must recalculate the NMOC mass emission rate
annually as required under Sec.  60.762(b). The site-specific

NMOC concentration must be retested every 5 years using the methods
specified in this section.
    (iv) If the NMOC mass emission rate as calculated using the Tier 2
site-specific NMOC concentration is equal to or greater than 34
megagrams per year, the landfill owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1
year as specified in Sec.  60.767(c) and install and operate a gas
collection and control system within 30 months according to Sec.
60.762(b)(2)(ii) and (iii);
    (B) Determine a site-specific methane generation rate constant and
recalculate the NMOC emission rate using the site-specific methane
generation rate using the Tier 3 procedures specified in paragraph
(a)(4) of this section; or
    (C) Conduct a surface emission monitoring demonstration using the
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (4) Tier 3. The site-specific methane generation rate constant must
be determined using the procedures provided in Method 2E of appendix A
of this part. The landfill owner or operator must estimate the NMOC
mass emission rate using Equation 1 or Equation 2 in paragraph
(a)(1)(i) or (ii) of this section and using a site-specific methane
generation rate constant, and the site-specific NMOC concentration as
determined in paragraph (a)(3) of this section instead of the default
values provided in paragraph (a)(1) of this section. The landfill owner
or operator must compare the resulting NMOC mass emission rate to the
standard of 34 megagrams per year.
    (i) If the NMOC mass emission rate as calculated using the Tier 2
site-specific NMOC concentration and Tier 3 site-specific methane
generation rate is equal to or greater than 34 megagrams per year, the
owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1
year as specified in Sec.  60.767(c) and install and operate a gas
collection and control system within 30 months according to Sec.
60.762(b)(2)(ii) and (iii); or
    (B) Conduct a surface emission monitoring demonstration using the
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (ii) If the NMOC mass emission rate is less than 34 megagrams per
year, then the owner or operator must recalculate the NMOC mass
emission rate annually using Equation 1 or Equation 2 in paragraph
(a)(1) of this section and using the site-specific Tier 2 NMOC
concentration and Tier 3 methane generation rate constant and submit a
periodic NMOC emission rate report as provided in Sec.  60.767(b)(1).
The calculation of the methane generation rate constant is performed
only once, and the value obtained from this test must be used in all
subsequent annual NMOC emission rate calculations.
    (5) Other methods. The owner or operator may use other methods to
determine the NMOC concentration or a site-specific methane generation
rate constant as an alternative to the methods required in paragraphs
(a)(3) and (4) of this section if the method has been approved by the
Administrator.
    (6) Tier 4. The landfill owner or operator must demonstrate that
surface methane emissions are below 500 parts per million. Surface
emission monitoring must be conducted on a quarterly basis using the
following procedures. Tier 4 is allowed only if the landfill owner or
operator can demonstrate that NMOC emissions are greater than or equal
to 34 Mg/yr but less than 50 Mg/yr using Tier 1 or Tier 2. If both Tier
1 and Tier 2 indicate NMOC emissions are 50 Mg/yr or greater, then Tier
4 cannot be used. In addition, the landfill must meet the criteria in
paragraph (a)(6)(viii) of this section.
    (i) The owner or operator must measure surface concentrations of
methane along the entire perimeter of the landfill and along a pattern
that traverses the landfill at no more than 30-meter intervals using an
organic vapor analyzer, flame ionization detector, or other portable
monitor meeting the specifications provided in Sec.  60.765(d).
    (ii) The background concentration must be determined by moving the
probe inlet upwind and downwind at least 30 meters from the waste mass
boundary of the landfill.
    (iii) Surface emission monitoring must be performed in accordance
with section 8.3.1 of Method 21 of appendix A of this part, except that
the probe inlet must be placed no more than 5 centimeters above the
landfill surface; the constant measurement of distance above the
surface should be based on a mechanical device such as with a wheel on
a pole, except as described in paragraph (a)(6)(iii)(A) of this
section.
    (A) The owner or operator must use a wind barrier, similar to a
funnel, when onsite average wind speed exceeds 4 miles per hour or 2
meters per second or gust exceeding 10 miles per hour. Average on-site
wind speed must also be determined in an open area at 5-minute
intervals using an on-site anemometer with a continuous recorder and
data logger for the entire duration of the monitoring event. The wind
barrier must surround the SEM monitor, and must be placed on the
ground, to ensure wind turbulence is blocked. SEM cannot be conducted
if average wind speed exceeds 25 miles per hour.
    (B) Landfill surface areas where visual observations indicate
elevated concentrations of landfill gas, such as distressed vegetation
and cracks or seeps in the cover, and all cover penetrations must also
be monitored using a device meeting the specifications provided in
Sec.  60.765(d).
    (iv) Each owner or operator seeking to comply with the Tier 4
provisions in paragraph (a)(6) of this section must maintain records of
surface emission monitoring as provided in Sec.  60.768(g) and submit a
Tier 4 surface emissions report as provided in Sec.  60.767(c)(4)(iii).
    (v) If there is any measured concentration of methane of 500 parts
per million or greater from the surface of the landfill, the owner or
operator must submit a gas collection and control system design plan
within 1 year of the first measured concentration of methane of 500
parts per million or greater from the surface of the landfill according
to Sec.  60.767(c) and install and operate a gas collection and control
system according to Sec.  60.762(b)(2)(ii) and (iii) within 30 months
of the most recent NMOC emission rate report in which the NMOC emission
rate equals or exceeds 34 megagrams per year based on Tier 2.
    (vi) If after four consecutive quarterly monitoring periods at a
landfill, other than a closed landfill, there is no measured
concentration of methane of 500 parts per million or greater from the
surface of the landfill, the owner or operator must continue quarterly
surface emission monitoring using the methods specified in this
section.
    (vii) If after four consecutive quarterly monitoring periods at a
closed landfill there is no measured concentration of methane of 500
parts per million or greater from the surface of the landfill, the
owner or operator must conduct annual surface emission monitoring using
the methods specified in this section.
    (viii) If a landfill has installed and operates a collection and
control system that is not required by this subpart, then the
collection and control system must meet the following criteria:
    (A) The gas collection and control system must have operated for
6,570 out of 8,760 hours preceding the Tier 4 surface emissions
monitoring demonstration.
    (B) During the Tier 4 surface emissions monitoring demonstration,
the gas collection and control system must operate as it normally would
to

collect and control as much landfill gas as possible.
    (b) After the installation and startup of a collection and control
system in compliance with this subpart, the owner or operator must
calculate the NMOC emission rate for purposes of determining when the
system can be capped, removed or decommissioned as provided in Sec.
60.762(b)(2)(v), using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR29AU16.009

Where:

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

    (1) The flow rate of landfill gas, QLFG, must be
determined by measuring the total landfill gas flow rate at the common
header pipe that leads to the control system using a gas flow measuring
device calibrated according to the provisions of section 10 of Method
2E of appendix A of this part.
    (2) The average NMOC concentration, CNMOC, must be
determined by collecting and analyzing landfill gas sampled from the
common header pipe before the gas moving or condensate removal
equipment using the procedures in Method 25 or Method 25C. The sample
location on the common header pipe must be before any condensate
removal or other gas refining units. The landfill owner or operator
must divide the NMOC concentration from Method 25 or Method 25C 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 or operator must submit the
results of the performance test, including any associated fuel
analyses, according to Sec.  60.767(i)(1).
    (ii) [Reserved]
    (c) When calculating emissions for Prevention of Significant
Deterioration purposes, the owner or operator of each MSW landfill
subject to the provisions of this subpart must estimate the NMOC
emission rate for comparison to the Prevention of Significant
Deterioration major source and significance levels in Sec. Sec.  51.166
or 52.21 of this chapter using Compilation of Air Pollutant Emission
Factors, Volume I: Stationary Point and Area Sources (AP-42) or other
approved measurement procedures.
    (d) For the performance test required in Sec.
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 parts per
million by volume outlet concentration level, unless another method to
demonstrate compliance has been approved by the Administrator as
provided by Sec.  60.767(c)(2). Method 3, 3A, or 3C must be used to
determine oxygen for correcting the NMOC concentration as hexane to 3
percent. In cases where the outlet concentration is less than 50 ppm
NMOC as carbon (8 ppm NMOC as hexane), Method 25A should be used in
place of Method 25. Method 18 may be used in conjunction with Method
25A on a limited basis (compound specific, e.g., methane) or Method 3C
may be used to determine methane. The methane as carbon should be
subtracted from the Method 25A total hydrocarbon value as carbon to
give NMOC concentration as carbon. The landowner or operator must
divide the NMOC concentration as carbon by 6 to convert from the CNMOC
as carbon to CNMOC as hexane. Equation 4 must be used to calculate
efficiency:
[GRAPHIC] [TIFF OMITTED] TR29AU16.010

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) according to Sec.
60.767(i)(1).
    (2) [Reserved]

Sec.  60.765  Compliance provisions.

    (a) Except as provided in Sec.  60.767(c)(2), the specified methods
in paragraphs (a)(1) through (6) of this section must be used to
determine whether the gas collection system is in compliance with Sec.
60.762(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)(C)(1), either Equation 5 or Equation 6 must be
used. The methane generation rate constant (k) and methane generation
potential (Lo) kinetic factors should be those published in
the most recent 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 must be
used. A value of no more than 15 years must be used for the intended
use period of the gas mover equipment. The active life of the landfill
is the age of the landfill plus the estimated number of years until
closure.
    (i) For sites with unknown year-to-year solid waste acceptance
rate:

[GRAPHIC] [TIFF OMITTED] TR29AU16.011

Where:

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

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR29AU16.012

Where:

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

    (iii) If a collection and control system has been installed, actual
flow data may be used to project the maximum expected gas generation
flow rate instead of, or in conjunction with, Equation 5 or Equation 6
in paragraphs (a)(1)(i) and (ii) of this section. If the landfill is
still accepting waste, the actual measured flow data will not equal the
maximum expected gas generation rate, so calculations using Equation 5
or Equation 6 in paragraphs (a)(1)(i) or (ii) of this section or other
methods must be used to predict the maximum expected gas generation
rate over the intended period of use of the gas control system
equipment.
    (2) For the purposes of determining sufficient density of gas
collectors for compliance with Sec.  60.762(b)(2)(ii)(C)(2), the owner
or operator must design a system of vertical wells, horizontal
collectors, or other collection devices, satisfactory to the
Administrator, capable of controlling and extracting gas from all
portions of the landfill sufficient to meet all operational and
performance standards.
    (3) For the purpose of demonstrating whether the gas collection
system flow rate is sufficient to determine compliance with Sec.
60.762(b)(2)(ii)(C)(3), the owner or operator must measure gauge
pressure in the gas collection header applied to each individual well,
monthly. If a positive pressure exists, action must be initiated to
correct the exceedance within 5 calendar days, except for the three
conditions allowed under Sec.  60.763(b). Any attempted corrective
measure must not cause exceedances of other operational or performance
standards.
    (i) If negative pressure cannot be achieved without excess air
infiltration within 15 calendar days of the first measurement of
positive pressure, the owner or operator must conduct a root cause
analysis and correct the exceedance as soon as practicable, but no
later than 60 days after positive pressure was first measured. The
owner or operator must keep records according to Sec.  60.768(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60
days following the positive pressure measurement for which the root
cause analysis was required, the owner or operator must also conduct a
corrective action analysis and develop an implementation schedule to
complete the corrective action(s) as soon as practicable, but no more
than 120 days following the positive pressure measurement. The owner or
operator must submit the items listed in Sec.  60.767(g)(7) as part of
the next annual report. The owner or operator must keep records
according to Sec.  60.768(e)(4).
    (iii) If corrective action is expected to take longer than 120 days
to complete after the initial exceedance, the owner or operator must
submit the root cause analysis, corrective action analysis, and
corresponding implementation timeline to the Administrator, according
to Sec.  60.767(g)(7) and Sec.  60.767(j). The owner or operator must
keep records according to Sec.  60.768(e)(5).
    (4) [Reserved]
    (5) For the purpose of identifying whether excess air infiltration
into the landfill is occurring, the owner or operator must monitor each
well monthly for temperature as provided in Sec.  60.763(c). If a well
exceeds the operating parameter for temperature, action must be
initiated to correct the exceedance within 5 calendar days. Any
attempted corrective measure must not cause exceedances of other
operational or performance standards.
    (i) If a landfill gas temperature less than 55 degrees Celsius (131
degrees Fahrenheit) cannot be achieved within 15 calendar days of the
first measurement of landfill gas temperature greater than 55 degrees
Celsius (131 degrees Fahrenheit), the owner or operator must conduct a
root cause analysis and correct the exceedance as soon as practicable,
but no later than 60 days after a landfill gas temperature greater than
55 degrees Celsius (131 degrees Fahrenheit) was first measured. The
owner or operator must keep records according to Sec.  60.768(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60
days following the positive pressure measurement for which the root
cause analysis was required, the owner or operator must also conduct a
corrective action analysis and develop an implementation schedule to
complete the corrective action(s) as soon as practicable, but no more
than 120 days following the measurement of landfill gas temperature
greater than 55 degrees Celsius (131 degrees Fahrenheit). The owner or
operator must submit the items listed in Sec.  60.767(g)(7) as part of
the next annual report. The owner or operator must keep records
according to Sec.  60.768(e)(4).
    (iii) If corrective action is expected to take longer than 120 days
to complete after the initial exceedance, the owner or operator must
submit the root cause analysis, corrective action analysis, and
corresponding implementation timeline to the Administrator, according
to Sec.  60.767(g)(7) and Sec.  60.767(j). The owner or operator must
keep records according to Sec.  60.768(e)(5).
    (6) An owner or operator seeking to demonstrate compliance with
Sec.  60.762(b)(2)(ii)(C)(4) through the use of a collection system not
conforming to the specifications provided in Sec.  60.769 must provide
information satisfactory to the Administrator as specified in Sec.
60.767(c)(3) 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 must place each well or design
component as specified in the approved design plan as provided in Sec.
60.767(c). Each well must be installed

no later than 60 days after the date on which the initial solid waste
has been in place for a period of:
    (1) Five (5) years or more if active; or
    (2) Two (2) years or more if closed or at final grade.
    (c) The following procedures must be used for compliance with the
surface methane operational standard as provided in Sec.  60.763(d).
    (1) After installation and startup of the gas collection system,
the owner or operator must monitor surface concentrations of methane
along the entire perimeter of the collection area and along a pattern
that traverses the landfill at 30 meter intervals (or a site-specific
established spacing) for each collection area on a quarterly basis
using an organic vapor analyzer, flame ionization detector, or other
portable monitor meeting the specifications provided in paragraph (d)
of this section.
    (2) The background concentration must be determined by moving the
probe inlet upwind and downwind outside the boundary of the landfill at
a distance of at least 30 meters from the perimeter wells.
    (3) Surface emission monitoring must be performed in accordance
with section 8.3.1 of Method 21 of appendix A of this part, except that
the probe inlet must be placed within 5 to 10 centimeters of the
ground. Monitoring must be performed during typical meteorological
conditions.
    (4) Any reading of 500 parts per million or more above background
at any location must be recorded as a monitored exceedance and the
actions specified in paragraphs (c)(4)(i) through (v) of this section
must be taken. As long as the specified actions are taken, the
exceedance is not a violation of the operational requirements of Sec.
60.763(d).
    (i) The location of each monitored exceedance must 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
must be made and the location must be re-monitored within 10 calendar
days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second
exceedance, additional corrective action must be taken and the location
must be monitored again within 10 days of the second exceedance. If the
re-monitoring shows a third exceedance for the same location, the
action specified in paragraph (c)(4)(v) of this section must be taken,
and no further monitoring of that location is required until the action
specified in paragraph (c)(4)(v) of this section has been taken.
    (iv) Any location that initially showed an exceedance but has a
methane concentration less than 500 ppm methane above background at the
10-day re-monitoring specified in paragraph (c)(4)(ii) or (iii) of this
section must be re-monitored 1 month from the initial exceedance. If
the 1-month re-monitoring shows a concentration less than 500 parts per
million above background, no further monitoring of that location is
required until the next quarterly monitoring period. If the 1-month re-
monitoring shows an exceedance, the actions specified in paragraph
(c)(4)(iii) or (v) of this section must be taken.
    (v) For any location where monitored methane concentration equals
or exceeds 500 parts per million above background three times within a
quarterly period, a new well or other collection device must be
installed within 120 calendar days of the initial exceedance. An
alternative remedy to the exceedance, such as upgrading the blower,
header pipes or control device, and a corresponding timeline for
installation may be submitted to the Administrator for approval.
    (5) The owner or operator must implement a program to monitor for
cover integrity and implement cover repairs as necessary on a monthly
basis.
    (d) Each owner or operator seeking to comply with the provisions in
paragraph (c) of this section or Sec.  60.764(a)(6) must comply with
the following instrumentation specifications and procedures for surface
emission monitoring devices:
    (1) The portable analyzer must meet the instrument specifications
provided in section 6 of Method 21 of appendix A of this part, except
that ``methane'' replaces all references to ``VOC''.
    (2) The calibration gas must be methane, diluted to a nominal
concentration of 500 parts per million in air.
    (3) To meet the performance evaluation requirements in section 8.1
of Method 21 of appendix A of this part, the instrument evaluation
procedures of section 8.1 of Method 21 of appendix A of this part must
be used.
    (4) The calibration procedures provided in sections 8 and 10 of
Method 21 of appendix A of this part must be followed immediately
before commencing a surface monitoring survey.
    (e) The provisions of this subpart apply at all times, including
periods of startup, shutdown or malfunction. During periods of startup,
shutdown, and malfunction, you must comply with the work practice
specified in Sec.  60.763(e) in lieu of the compliance provisions in
Sec.  60.765.

Sec.  60.766  Monitoring of operations.

    Except as provided in Sec.  60.767(c)(2):
    (a) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(ii)(C) for an active gas collection system must install a
sampling port and a thermometer, other temperature measuring device, or
an access port for temperature measurements at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a
monthly basis as provided in Sec.  60.765(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on
a monthly basis as follows:
    (i) The nitrogen level must be determined using Method 3C, unless
an alternative test method is established as allowed by Sec.
60.767(c)(2).
    (ii) Unless an alternative test method is established as allowed by
Sec.  60.767(c)(2), the oxygen level must be determined by an oxygen
meter using Method 3A, 3C, or ASTM D6522-11 (incorporated by reference,
see Sec.  60.17). Determine the oxygen level by an oxygen meter using
Method 3A, 3C, or ASTM D6522-11 (if sample location is prior to
combustion) except that:
    (A) The span must be set between 10 and 12 percent oxygen;
    (B) A data recorder is not required;
    (C) Only two calibration gases are required, a zero and span;
    (D) A calibration error check is not required;
    (E) The allowable sample bias, zero drift, and calibration drift
are 10 percent.
    (iii) A portable gas composition analyzer may be used to monitor
the oxygen levels provided:
    (A) The analyzer is calibrated; and
    (B) The analyzer meets all quality assurance and quality control
requirements for Method 3A or ASTM D6522-11 (incorporated by reference,
see Sec.  60.17).
    (3) Monitor temperature of the landfill gas on a monthly basis as
provided in Sec.  60.765(a)(5). The temperature measuring device must
be calibrated annually using the procedure in 40 CFR part 60, appendix
A-1, Method 2, Section 10.3.
    (b) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(iii) using an enclosed combustor must calibrate, maintain,
and operate according to the manufacturer's specifications, the
following equipment:
    (1) A temperature monitoring device equipped with a continuous
recorder and having a minimum accuracy of 1 percent of the
temperature being

measured expressed in degrees Celsius or 0.5 degrees
Celsius, whichever is greater. A temperature monitoring device is not
required for boilers or process heaters with design heat input capacity
equal to or greater than 44 megawatts.
    (2) A device that records flow to the control device and bypass of
the control device (if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring
device that must record the flow to the control device at least every
15 minutes; and
    (ii) Secure the bypass line valve in the closed position with a
car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism must be performed at least once every
month to ensure that the valve is maintained in the closed position and
that the gas flow is not diverted through the bypass line.
    (c) Each owner or operator seeking to comply with Sec.
60.762(b)(2)(iii) using a non-enclosed flare must install, calibrate,
maintain, and operate according to the manufacturer's specifications
the following equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or
thermocouple, at the pilot light or the flame itself to indicate the
continuous presence of a flame.
    (2) A device that records flow to the flare and bypass of the flare
(if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring
device that records the flow to the control device at least every 15
minutes; and
    (ii) Secure the bypass line valve in the closed position with a
car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism must be performed at least once every
month to ensure that the valve is maintained in the closed position and
that the gas flow is not diverted through the bypass line.
    (d) Each owner or operator seeking to demonstrate compliance with
Sec.  60.762(b)(2)(iii) using a device other than a non-enclosed flare
or an enclosed combustor or a treatment system must provide information
satisfactory to the Administrator as provided in Sec.  60.767(c)(2)
describing the operation of the control device, the operating
parameters that would indicate proper performance, and appropriate
monitoring procedures. The Administrator must review the information
and either approve it, or request that additional information be
submitted. The Administrator may specify additional appropriate
monitoring procedures.
    (e) Each owner or operator seeking to install a collection system
that does not meet the specifications in Sec.  60.769 or seeking to
monitor alternative parameters to those required by Sec. Sec.  60.763
through 60.766 must provide information satisfactory to the
Administrator as provided in Sec.  60.767(c)(2) and (3) describing the
design and operation of the collection system, the operating parameters
that would indicate proper performance, and appropriate monitoring
procedures. The Administrator may specify additional appropriate
monitoring procedures.
    (f) Each owner or operator seeking to demonstrate compliance with
the 500 parts per million surface methane operational standard in Sec.
60.763(d) must monitor surface concentrations of methane according to
the procedures in Sec.  60.765(c) and the instrument specifications 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
maintain and operate all monitoring systems associated with the
treatment system in accordance with the site-specific treatment system
monitoring plan required in Sec.  60.768(b)(5)(ii) and must calibrate,
maintain, and operate according to the manufacturer's specifications a
device that records flow to the treatment system and bypass of the
treatment system (if applicable). The owner or operator must:
    (1) Install, calibrate, and maintain a gas flow rate measuring
device that records the flow to the treatment system at least every 15
minutes; and
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the
seal or closure mechanism must be performed at least once every month
to ensure that the valve is maintained in the closed position and that
the gas flow is not diverted through the bypass line.
    (h) The monitoring requirements of paragraphs (b), (c) (d) and (g)
of this section apply at all times the affected source is operating,
except for periods of monitoring system malfunctions, repairs
associated with monitoring system malfunctions, and required monitoring
system quality assurance or quality control activities. A monitoring
system malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring system to provide valid data.
Monitoring system failures that are caused in part by poor maintenance
or careless operation are not malfunctions. You are required to
complete monitoring system repairs in response to monitoring system
malfunctions and to return the monitoring system to operation as
expeditiously as practicable.

Sec.  60.767  Reporting requirements.

    (a) Design capacity report. Each owner or operator subject to the
requirements of this subpart must submit an initial design capacity
report to the Administrator.
    (1) Submission. The initial design capacity report fulfills the
requirements of the notification of the date construction is commenced
as required by Sec.  60.7(a)(1) and must be submitted no later than:
    (i) November 28, 2016, for landfills that commenced construction,
modification, or reconstruction after July 17, 2014 but before August
29, 2016; or
    (ii) Ninety days after the date of commenced construction,
modification, or reconstruction for landfills that commence
construction, modification, or reconstruction after August 29, 2016.
    (2) Initial design capacity report. The initial design capacity
report must 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 must be calculated
using good engineering practices. The calculations must be provided,
along with the relevant parameters as part of the report. The landfill
may calculate design capacity in either megagrams or cubic meters for
comparison with the exemption values. If the owner or operator chooses
to convert the design capacity from volume to mass or from mass to
volume to demonstrate its design capacity is less

than 2.5 million megagrams or 2.5 million cubic meters, the calculation
must include a site-specific density, which must be recalculated
annually. Any density conversions must be documented and submitted with
the design capacity report. The state, tribal, local agency or
Administrator may request other reasonable information as may be
necessary to verify the maximum design capacity of the landfill.
    (3) Amended design capacity report. An amended design capacity
report must 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 meet or
exceed 2.5 million megagrams and 2.5 million cubic meters. This
increase in design capacity may result from an increase in the
permitted volume of the landfill or an increase in the density as
documented in the annual recalculation required in Sec.  60.768(f).
    (b) NMOC emission rate report. Each owner or operator subject to
the requirements of this subpart must submit an NMOC emission rate
report following the procedure specified in paragraph (i)(2) of this
section to the Administrator initially and annually thereafter, except
as provided for in paragraph (b)(1)(ii) of this section. The
Administrator may request such additional information as may be
necessary to verify the reported NMOC emission rate.
    (1) The NMOC emission rate report must contain an annual or 5-year
estimate of the NMOC emission rate calculated using the formula and
procedures provided in Sec.  60.764(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 must be submitted no later than indicated in paragraphs
(b)(1)(i)(A) and (B) of this section. Subsequent NMOC emission rate
reports must be submitted annually thereafter, except as provided for
in paragraph (b)(1)(ii) of this section.
    (A) November 28, 2016, for landfills that commenced construction,
modification, or reconstruction after July 17, 2014, but before August
29, 2016, or
    (B) Ninety days after the date of commenced construction,
modification, or reconstruction for landfills that commence
construction, modification, or reconstruction after August 29, 2016.
    (ii) If the estimated NMOC emission rate as reported in the annual
report to the Administrator is less than 34 megagrams per year in each
of the next 5 consecutive years, the owner or operator may elect to
submit, following the procedure specified in paragraph (i)(2) of this
section, an estimate of the NMOC emission rate for the next 5-year
period in lieu of the annual report. This estimate must include the
current amount of solid waste-in-place and the estimated waste
acceptance rate for each year of the 5 years for which an NMOC emission
rate is estimated. All data and calculations upon which this estimate
is based must be provided to the Administrator. This estimate must be
revised at least once every 5 years. If the actual waste acceptance
rate exceeds the estimated waste acceptance rate in any year reported
in the 5-year estimate, a revised 5-year estimate must be submitted to
the Administrator. The revised estimate must cover the 5-year period
beginning with the year in which the actual waste acceptance rate
exceeded the estimated waste acceptance rate.
    (2) The NMOC emission rate report must include all the data,
calculations, sample reports and measurements used to estimate the
annual or 5-year emissions.
    (3) Each owner or operator subject to the requirements of this
subpart is exempted from the requirements to submit an NMOC emission
rate report, after installing a collection and control system that
complies with Sec.  60.762(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) Collection and control system design plan. Each owner or
operator subject to the provisions of Sec.  60.762(b)(2) must submit a
collection and control system design plan to the Administrator for
approval according to the schedule in paragraph (c)(4) of this section.
The collection and control system design plan must be prepared and
approved by a professional engineer and must meet the following
requirements:
    (1) The collection and control system as described in the design
plan must meet the design requirements in Sec.  60.762(b)(2).
    (2) The collection and control system design plan must include any
alternatives to the operational standards, test methods, procedures,
compliance measures, monitoring, recordkeeping or reporting provisions
of Sec. Sec.  60.763 through 60.768 proposed by the owner or operator.
    (3) The collection and control system design plan must 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.
    (4) Each owner or operator of an MSW landfill having a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million
cubic meters must submit a collection and control system design plan to
the Administrator for approval within 1 year of the first NMOC emission
rate report in which the NMOC emission rate equals or exceeds 34
megagrams per year, except as follows:
    (i) If the owner or operator elects to recalculate the NMOC
emission rate after Tier 2 NMOC sampling and analysis as provided in
Sec.  60.764(a)(3) and the resulting rate is less than 34 megagrams per
year, annual periodic reporting must be resumed, using the Tier 2
determined site-specific NMOC concentration, until the calculated
emission rate is equal to or greater than 34 megagrams per year or the
landfill is closed. The revised NMOC emission rate report, with the
recalculated emission rate based on NMOC sampling and analysis, must be
submitted, following the procedures in paragraph (i)(2) of this
section, within 180 days of the first calculated exceedance of 34
megagrams per year.
    (ii) If the owner or operator elects to recalculate the NMOC
emission rate after determining a site-specific methane generation rate
constant k, as provided in Tier 3 in Sec.  60.764(a)(4), and the
resulting NMOC emission rate is less than 34 Mg/yr, annual periodic
reporting must be resumed. The resulting site-specific methane
generation rate constant k must 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 must be submitted, following the
procedure specified in paragraph (i)(2) of this section, to the
Administrator within 1 year of the first calculated emission rate
equaling or exceeding 34 megagrams per year.
    (iii) If the owner or operator elects to demonstrate that site-
specific surface methane emissions are below 500 parts per million
methane, based on the provisions of Sec.  60.764(a)(6), then the owner
or operator must submit annually a Tier 4 surface emissions report as
specified in this paragraph following the procedure specified in
paragraph (i)(2) of this section until a surface emissions readings of
500 parts per million methane or greater is found. If the Tier 4
surface emissions report shows no

surface emissions readings of 500 parts per million methane or greater
for four consecutive quarters at a closed landfill, then the landfill
owner or operator may reduce Tier 4 monitoring from a quarterly to an
annual frequency. The Administrator may request such additional
information as may be necessary to verify the reported instantaneous
surface emission readings. The Tier 4 surface emissions report must
clearly identify the location, date and time (to nearest second),
average wind speeds including wind gusts, and reading (in parts per
million) of any value 500 parts per million methane or greater, other
than non-repeatable, momentary readings. For location, you must
determine the latitude and longitude coordinates using an instrument
with an accuracy of at least 4 meters. The coordinates must be in
decimal degrees with at least five decimal places. The Tier 4 surface
emission report must also include the results of the most recent Tier 1
and Tier 2 results in order to verify that the landfill does not exceed
50 Mg/yr of NMOC.
    (A) The initial Tier 4 surface emissions report must be submitted
annually, starting within 30 days of completing the fourth quarter of
Tier 4 surface emissions monitoring that demonstrates that site-
specific surface methane emissions are below 500 parts per million
methane, and following the procedure specified in paragraph (i)(2) of
this section.
    (B) The Tier 4 surface emissions report must be submitted within 1
year of the first measured surface exceedance of 500 parts per million
methane, following the procedure specified in paragraph (i)(2) of this
section.
    (5) The landfill owner or operator must notify the Administrator
that the design plan is completed and submit a copy of the plan's
signature page. The Administrator has 90 days to decide whether the
design plan should be submitted for review. If the Administrator
chooses to review the plan, the approval process continues as described
in paragraph (c)(6) of this section. However, if the Administrator
indicates that submission is not required or does not respond within 90
days, the landfill owner or operator can continue to implement the plan
with the recognition that the owner or operator is proceeding at their
own risk. In the event that the design plan is required to be modified
to obtain approval, the owner or operator must take any steps necessary
to conform any prior actions to the approved design plan and any
failure to do so could result in an enforcement action.
    (6) Upon receipt of an initial or revised design plan, the
Administrator must review the information submitted under paragraphs
(c)(1) through (3) of this section and either approve it, disapprove
it, or request that additional information be submitted. Because of the
many site-specific factors involved with landfill gas system design,
alternative systems may be necessary. A wide variety of system designs
are possible, such as vertical wells, combination horizontal and
vertical collection systems, or horizontal trenches only, leachate
collection components, and passive systems. If the Administrator does
not approve or disapprove the design plan, or does not request that
additional information be submitted within 90 days of receipt, then the
owner or operator may continue with implementation of the design plan,
recognizing they would be proceeding at their own risk.
    (7) If the owner or operator chooses to demonstrate compliance with
the emission control requirements of this subpart using a treatment
system as defined in this subpart, then the owner or operator must
prepare a site-specific treatment system monitoring plan as specified
in Sec.  60.768(b)(5).
    (d) Revised design plan. The owner or operator who has already been
required to submit a design plan under paragraph (c) of this section
must submit a revised design plan to the Administrator for approval as
follows:
    (1) At least 90 days before expanding operations to an area not
covered by the previously approved design plan.
    (2) Prior to installing or expanding the gas collection system in a
way that is not consistent with the design plan that was submitted to
the Administrator according to paragraph (c) of this section.
    (e) Closure report. Each owner or operator of a controlled landfill
must 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).
    (f) Equipment removal report. Each owner or operator of a
controlled landfill must submit an equipment removal report to the
Administrator 30 days prior to removal or cessation of operation of the
control equipment.
    (1) The equipment removal report must contain all of the following
items:
    (i) A copy of the closure report submitted in accordance with
paragraph (e) of this section;
    (ii) A copy of the initial performance test report demonstrating
that the 15-year minimum control period has expired, unless the report
of the results of the performance test has been submitted to the EPA
via the EPA's CDX, or information that demonstrates that the GCCS will
be unable to operate for 15 years due to declining gas flows. In the
equipment removal report, the process unit(s) tested, the pollutant(s)
tested, and the date that such performance test was conducted may be
submitted in lieu of the performance test report if the report has been
previously submitted to the EPA's CDX; and
    (iii) Dated copies of three successive NMOC emission rate reports
demonstrating that the landfill is no longer producing 34 megagrams or
greater of NMOC per year, unless the NMOC emission rate reports have
been submitted to the EPA via the EPA's CDX. If the NMOC emission rate
reports have been previously submitted to the EPA's CDX, a statement
that the NMOC emission rate reports have been submitted electronically
and the dates that the reports were submitted to the EPA's CDX may be
submitted in the equipment removal report in lieu of the NMOC emission
rate reports.
    (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.
    (g) Annual report. 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) must submit to the
Administrator, following the procedure specified in paragraph (i)(2) of
this section, annual reports of the recorded information in paragraphs
(g)(1) through (7) of this section. The initial annual report must be
submitted within 180 days of installation and startup of the collection
and control system, and must include the initial performance test
report required under Sec.  60.8, as applicable, unless the report of
the results of the performance test has been submitted to the EPA via
the EPA's CDX. In the initial annual report, the process unit(s)
tested, the pollutant(s) tested, and the date that such performance
test was conducted may be submitted in lieu of the performance test
report if the report has been previously submitted to the EPA's CDX.
For enclosed combustion devices and

flares, 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 was
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. For location, you must determine the
latitude and longitude coordinates using an instrument with an accuracy
of at least 4 meters. The coordinates must be in decimal degrees with
at least five decimal places.
    (6) The date of installation and the location of each well or
collection system expansion added pursuant to Sec.  60.765(a)(3),
(a)(5), (b), and (c)(4).
    (7) For any corrective action analysis for which corrective actions
are required in Sec.  60.765(a)(3) or (5) and that take more than 60
days to correct the exceedance, the root cause analysis conducted,
including a description of the recommended corrective action(s), the
date for corrective action(s) already completed following the positive
pressure reading, and, for action(s) not already completed, a schedule
for implementation, including proposed commencement and completion
dates.
    (h) Initial performance test report. Each owner or operator seeking
to comply with Sec.  60.762(b)(2)(iii) must include the following
information with the initial performance test report required under
Sec.  60.8:
    (1) A diagram of the collection system showing collection system
positioning including all wells, horizontal collectors, surface
collectors, or other gas extraction devices, including the locations of
any areas excluded from collection and the proposed sites for the
future collection system expansion;
    (2) The data upon which the sufficient density of wells, horizontal
collectors, surface collectors, or other gas extraction devices and the
gas mover equipment sizing are based;
    (3) The documentation of the presence of asbestos or nondegradable
material for each area from which collection wells have been excluded
based on the presence of asbestos or nondegradable material;
    (4) The sum of the gas generation flow rates for all areas from
which collection wells have been excluded based on nonproductivity and
the calculations of gas generation flow rate for each excluded area;
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.
    (i) Electronic reporting. The owner or operator must submit reports
electronically according to paragraphs (i)(1) and (2) of this section.
    (1) Within 60 days after the date of completing each performance
test (as defined in Sec.  60.8), the owner or operator must submit the
results of each performance test according to the following procedures:
    (i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the
test, you must submit the results of the performance test to the EPA
via the Compliance and Emissions Data Reporting Interface (CEDRI).
CEDRI can be accessed through the EPA's Central Data Exchange (CDX)
(https://cdx.epa.gov/). Performance test data must be submitted in a
file format generated through the use of the EPA's ERT or an
alternative file format consistent with the extensible markup language
(XML) schema listed on the EPA's ERT Web site, once the XML schema is
available. If you claim that some of the performance test information
being submitted is confidential business information (CBI), you must
submit a complete file generated through the use of the EPA's ERT or an
alternate electronic file consistent with the XML schema listed on the
EPA's ERT Web site, including information claimed to be CBI, on a
compact disc, flash drive or other commonly used electronic storage
media to the EPA. The electronic media must be clearly marked as CBI
and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader,
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC
27703. The same ERT or alternate file with the CBI omitted must be
submitted to the EPA via the EPA's CDX as described earlier in this
paragraph.
    (ii) For data collected using test methods that are not supported
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Each owner or operator required to submit reports following the
procedure specified in this paragraph must submit reports to the EPA
via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) The owner
or operator must use the appropriate electronic report in CEDRI for
this subpart or an alternate electronic file format consistent with the
XML schema listed on the CEDRI Web site (https://www3.epa.gov/ttn/chief/cedri/index.html). If the reporting form specific to this subpart
is not available in CEDRI at the time that the report is due, the owner
or operator must submit the report to the Administrator at the
appropriate address listed in Sec.  60.4. Once the form has been
available in CEDRI for 90 calendar days, the owner or operator must
begin submitting all subsequent reports via CEDRI. The reports must be
submitted by the deadlines specified in this subpart, regardless of the
method in which the reports are submitted.
    (j) Corrective action and the corresponding timeline. The owner or
operator must submit according to paragraphs (j)(1) and (j)(2) of this
section.
    (1) For corrective action that is required according to Sec.
60.765(a)(3)(iii) or (a)(5)(iii) and is expected to take longer than
120 days after the initial exceedance to complete, you must submit the
root cause analysis, corrective action analysis, and corresponding
implementation timeline to the Administrator as soon as practicable but
no later than 75 days after the first measurement of positive pressure
or temperature monitoring value of 55 degrees Celsius (131 degrees
Fahrenheit). The Administrator must approve the plan for corrective
action and the corresponding timeline.
    (2) For corrective action that is required according to Sec.
60.765(a)(3)(iii) or (a)(5)(iii) and is not completed within 60 days
after the initial exceedance, you must submit a notification to the
Administrator as soon as practicable but no later than 75 days after
the first measurement of positive pressure or temperature exceedance.
    (k) Liquids addition. The owner or operator of an affected landfill
with a design capacity equal to or greater than 2.5 million megagrams
and 2.5 million

cubic meters that has employed leachate recirculation or added liquids
based on a Research, Development, and Demonstration permit (issued
through Resource Conservation and Recovery Act, subtitle D, part 258)
within the last 10 years must submit to the Administrator, annually,
following the procedure specified in paragraph (i)(2) of this section,
the following information:
    (1) Volume of leachate recirculated (gallons per year) and the
reported basis of those estimates (records or engineering estimates).
    (2) Total volume of all other liquids added (gallons per year) and
the reported basis of those estimates (records or engineering
estimates).
    (3) Surface area (acres) over which the leachate is recirculated
(or otherwise applied).
    (4) Surface area (acres) over which any other liquids are applied.
    (5) The total waste disposed (megagrams) in the areas with
recirculated leachate and/or added liquids based on on-site records to
the extent data are available, or engineering estimates and the
reported basis of those estimates.
    (6) The annual waste acceptance rates (megagrams per year) in the
areas with recirculated leachate and/or added liquids, based on on-site
records to the extent data are available, or engineering estimates.
    (7) The initial report must contain items in paragraph (k)(1)
through (6) of this section per year for the initial annual reporting
period as well as for each of the previous 10 years, to the extent
historical data are available in on-site records, and the report must
be submitted no later than:
    (i) September 27, 2017, for landfills that commenced construction,
modification, or reconstruction after July 17, 2014 but before August
29, 2016 containing data for the first 12 months after August 29, 2016;
or
    (ii) Thirteen (13) months after the date of commenced construction,
modification, or reconstruction for landfills that commence
construction, modification, or reconstruction after August 29, 2016
containing data for the first 12 months after August 29, 2016.
    (8) Subsequent annual reports must contain items in paragraph
(k)(1) through (6) of this section for the 365-day period following the
365-day period included in the previous annual report, and the report
must be submitted no later than 365 days after the date the previous
report was submitted.
    (9) Landfills may cease annual reporting of items in paragraphs
(k)(1) through (7) of this section once they have submitted the closure
report in paragraph (e) of this section.
    (1) Tier 4 notification. (1) The owner or operator of an affected
landfill with a design capacity equal to or greater than 2.5 million
megagrams and 2.5 million cubic meters must provide a notification of
the date(s) upon which it intends to demonstrate site-specific surface
methane emissions are below 500 parts per million methane, based on the
Tier 4 provisions of Sec.  60.764(a)(6). The landfill must also include
a description of the wind barrier to be used during the SEM in the
notification. Notification must be postmarked not less than 30 days
prior to such date.
    (2) If there is a delay to the scheduled Tier 4 SEM date due to
weather conditions, including not meeting the wind requirements in
Sec.  60.764(a)(6)(iii)(A), the owner or operator of a landfill shall
notify the Administrator by email or telephone no later than 48 hours
before any delay or cancellation in the original test date, and arrange
an updated date with the Administrator by mutual agreement.

Sec.  60.768  Recordkeeping requirements.

    (a) Except as provided in Sec.  60.767(c)(2), each owner or
operator of an MSW landfill subject to the provisions of Sec.
60.762(b)(2)(ii) and (iii) must keep for at least 5 years up-to-date,
readily accessible, on-site records of the design capacity report that
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.  60.767(c)(2), each owner or
operator of a controlled landfill must keep up-to-date, readily
accessible records for the life of the control system equipment of the
data listed in paragraphs (b)(1) through (5) of this section as
measured during the initial performance test or compliance
determination. Records of subsequent tests or monitoring must be
maintained for a minimum of 5 years. Records of the control device
vendor specifications must be maintained until removal.
    (1) Where an owner or operator subject to the provisions of this
subpart seeks to demonstrate compliance with Sec.  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) Bypass records. Records of the flow of landfill gas to, and
bypass of, the treatment system.
    (ii) Site-specific treatment monitoring plan, to include:
    (A) Monitoring records of parameters that are identified in the
treatment system monitoring plan and that ensure the treatment system
is operating properly for each intended end use of the treated landfill
gas. At a minimum, records should include records of filtration, de-
watering, and compression parameters that ensure the treatment system
is operating properly for each

intended end use of the treated landfill gas.
    (B) Monitoring methods, frequencies, and operating ranges for each
monitored operating parameter based on manufacturer's recommendations
or engineering analysis for each intended end use of the treated
landfill gas.
    (C) Documentation of the monitoring methods and ranges, along with
justification for their use.
    (D) Identify who is responsible (by job title) for data collection.
    (E) Processes and methods used to collect the necessary data.
    (F) Description of the procedures and methods that are used for
quality assurance, maintenance, and repair of all continuous monitoring
systems.
    (c) Except as provided in Sec.  60.767(c)(2), each owner or
operator of a controlled landfill subject to the provisions of this
subpart must keep for 5 years up-to-date, readily accessible continuous
records of the equipment operating parameters specified to be monitored
in Sec.  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 must be recorded and
reported under Sec.  60.767(g):
    (i) For enclosed combustors except for boilers and process heaters
with design heat input capacity of 44 megawatts (150 million British
thermal units per hour) or greater, all 3-hour periods of operation
during which the average temperature was more than 28 degrees Celsius
(82 degrees Fahrenheit) below the average combustion temperature during
the most recent performance test at which compliance with Sec.
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.
    (2) Each owner or operator subject to the provisions of this
subpart must keep up-to-date, readily accessible continuous records of
the indication of flow to the control system and the indication of
bypass flow or records of monthly inspections of car-seals or lock-and-
key configurations used to seal bypass lines, specified under Sec.
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) must keep an up-to-date, readily accessible record of
all periods of operation of the boiler or process heater. (Examples of
such records could include records of steam use, fuel use, or
monitoring data collected pursuant to other state, local, tribal, or
federal regulatory requirements.)
    (4) Each owner or operator seeking to comply with the provisions of
this subpart by use of a non-enclosed flare must keep up-to-date,
readily accessible continuous records of the flame or flare pilot flame
monitoring specified under Sec.  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) must keep records of periods
when the collection system or control device is not operating.
    (d) Except as provided in Sec.  60.767(c)(2), each owner or
operator subject to the provisions of this subpart must keep for the
life of the collection system an up-to-date, readily accessible plot
map showing each existing and planned collector in the system and
providing a unique identification location label for each collector.
    (1) Each owner or operator subject to the provisions of this
subpart must keep up-to-date, readily accessible records of the
installation date and location of all newly installed collectors as
specified under Sec.  60.765(b).
    (2) Each owner or operator subject to the provisions of this
subpart must keep readily accessible documentation of the nature, date
of deposition, amount, and location of asbestos-containing or
nondegradable waste excluded from collection as provided in Sec.
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.  60.767(c)(2), each owner or
operator subject to the provisions of this subpart must keep for at
least 5 years up-to-date, readily accessible records of the following:
    (1) 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.
    (2) Each owner or operator subject to the provisions of this
subpart must also keep records of each wellhead temperature monitoring
value of 55 degrees Celsius (131 degrees Fahrenheit) or above, each
wellhead nitrogen level at or above 20 percent, and each wellhead
oxygen level at or above 5 percent.
    (3) For any root cause analysis for which corrective actions are
required in Sec.  60.765(a)(3)(i) or (a)(5)(i), keep a record of the
root cause analysis conducted, including a description of the
recommended corrective action(s) taken, and the date(s) the corrective
action(s) were completed.
    (4) For any root cause analysis for which corrective actions are
required in Sec.  60.765(a)(3)(ii) or (a)(5)(ii), keep a record of the
root cause analysis conducted, the corrective action analysis, the date
for corrective action(s) already completed following the positive
pressure reading or high temperature reading, and, for action(s) not
already completed, a schedule for implementation, including proposed
commencement and completion dates.
    (5) For any root cause analysis for which corrective actions are