[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Rules and Regulations]
[Pages 9258-9262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2988]
[[Page 9257]]
_______________________________________________________________________
Part IV
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 60
Standards of Performance for New Stationary Sources and Guidelines for
Control of Existing Sources: Municipal Solid Waste Landfills; Final
Rule
Federal Register / Vol. 64, No. 36 / Wednesday, February 24, 1999 /
Rules and Regulations
[[Page 9258]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-6231-8]
Standards of Performance for New Stationary Sources and
Guidelines for Control of Existing Sources: Municipal Solid Waste
Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendments and corrections.
-----------------------------------------------------------------------
SUMMARY: The EPA is amending the CFR to correct errors made in the
direct final rule, ``Standards of Performance for New Stationary
Sources and Guidelines for Control of Existing Sources: Municipal Solid
Waste Landfills,'' published in the Federal Register on June 16, 1998.
The direct final rule amended, corrected errors, and clarified
regulatory text of the final rule, which was published on March 12,
1996 (63 FR 32743). Today's action further clarifies the regulatory
text and corrects errors. Industry sectors likely to be affected
include Air and Water Resource and Solid Waste Management, and Refuse
Systems--Solid Waste Landfills (North American Industrial
Classification System codes 92411 and 562212).
DATES: These amendments are effective February 24, 1999.
ADDRESSEES: Air Docket. Docket A-88-09 contains the supporting
information for the original New Source Performance Standards (NSPS)
and Emission Guidelines (EG), the direct final rule, and this action
and is available for public inspection and copying between 8 a.m and
5:30 p.m., Monday through Friday except for Federal holidays, at the
following address: U.S. Environmental Protection Agency, Air and
Radiation Docket and Information Center (MC-6102), 401 M Street SW,
Washington, DC 20460, or by calling (202) 260-7548. The docket is
located at the above address in Room M-1500, Waterside Mall (ground
floor). A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Laur, Waste and Chemical
Processes Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone (919) 541-5256. For implementation issues, contact
Mary Ann Warner, Program Review Group, Information Transfer and Program
Integration Group (MD-12), U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, telephone (919) 541-1192.
For information on the Landfill model, contact Susan Thorneloe through
the Internet at thorneloe.susan@epa.gov. For information concerning
applicability and rule determinations, contact the appropriate regional
representative:
Region I:
Greg Roscoe, Air Programs Compliance Branch Chief, U.S. EPA/ASO,
Region I, JFK Federal Building, Boston, MA 02203, (617) 565-3221
Region II:
Christine DeRosa, U.S. EPA, Region II, 290 Broadway, 25th Floor,
New York, NY 10007-1866, (212) 637-4022
Region III:
James Topsale, U.S. EPA/3AP22, Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029, (215) 814-2190
Region IV:
R. Douglas Neeley, Chief, Air and Radiation Technology Branch, U.S.
EPA, Region IV, 61 Forsyth St., SW, Atlanta, GA 30303, (404) 562-9105
Region V:
George T. Czerniak, Jr., Air Enforcement Branch Chief, U.S. EPA/
5AE-26, Region V, 77 West Jackson Street, Chicago, IL 60604, (312) 353-
2088
Region VI:
John R. Hepola, Air Enforcement Branch Chief, U.S. EPA, Region VI,
1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733, (214) 655-7220
Region VII:
Ward Burns, U.S. EPA/RME, Region VII, 726 Minnesota Avenue/
ARTDAPCO, Kansas City, KS 66101-2728, (913) 551-7960
Region VIII:
Vicki Stamper, U.S. EPA, Region VIII, 999 18th Street, Suite 500,
Denver, CO 80202-2466, (303) 312-6445
Region IX:
Patricia Bowlin, U.S. EPA/RM HAN/17211, Region IX, 75 Hawthorne
Street/AIR-4, San Francisco, CA, (415) 744-1188
Region X:
Catherine Woo, U.S. EPA, Region X, Office of Air Quality Planning,
and Standards-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-1814
Technology Transfer Network Web
The EPA Technology Transfer Network Web (TTN Web) is a collection
of technical websites containing information about many areas of air
pollution science, technology, and regulation. The TTN Web provides
information and technology exchange for the public and EPA staff in
various areas of air pollution control. New air regulations are posted
on the TTN Web through the world wide web at ``http://www.epa.gov/
ttn.'' For more information on the TTN Web, call the HELP line at (919)
541-5384.
SUPPLEMENTARY INFORMATION:
Regulated Entities
The entities potentially affected by this action include:
------------------------------------------------------------------------
Category Examples of regulated entities
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Industry and Local Government Agencies, Existing municipal solid waste
NAICS codes 92411 (Air and Water landfills where solid waste
Resource and Solid Waste Management) from households is placed in
and 562212 (Refuse Systems--Solid or on land. Waste from
Waste Landfills). commercial or industrial
operations may be mixed with
the household waste.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in the
amendments and corrections to the regulation affected by this action.
While the landfills NSPS and emission guidelines (40 CFR part 60,
subparts Cc and WWW) will primarily impact facilities in North American
Industrial Classification System (NAICS) codes 92411 and 562212, or in
the old Standard Industrial Classification (SIC) code 4953, not all
facilities in these codes will be affected. To determine if your
landfill is affected by the landfill NSPS or emission guidelines, see
40 CFR part 60, subparts Cc and WWW, or the technical amendments
published on June 16, 1998 (63 FR 32743).
Background
On March 12, 1996 (61 FR 9919), the EPA promulgated in the Federal
Register standards of performance for new sources (NSPS) for municipal
solid waste landfills and emission guidelines for existing municipal
solid waste landfills. These regulations and guidelines were
promulgated as
[[Page 9259]]
subparts WWW and Cc of 40 CFR part 60.
This notice clarifies a definition and the reporting requirements
of the emission guidelines and corrects typographical errors which
appeared in the direct final notice published on June 16, 1998 (63 FR
32743).
I. Description of Changes
A. Definitions
The NSPS applies to landfills that commence construction,
modification, or reconstruction on or after May 30, 1991 (the proposal
date for this NSPS and EG). A definition of modification was added in
the direct final rule: modification means an increase in permitted
volume design capacity of the landfill by either horizontal or vertical
expansion based on its permitted design capacity as of May 30, 1991.
The definition is specific to landfills but is not consistent with the
intent of 40 CFR 60.14 of the part 60 general provisions. (See 63 FR
32743.) In this notice, EPA is amending the definition of modification
by adding a sentence to clarify that modification does not occur until
the owner or operator commences construction on the horizontal or
vertical expansion. This is consistent with the part 60 general
provisions and the definition of new source in section 111(a)(2) of the
Clean Air Act (Act), as well as Sec. 60.750(a) of subpart WWW (the
NSPS).
B. Reporting
The EPA is clarifying when the design capacity and NMOC emission
rate reports must be submitted for existing facilities. Section 60.35c
of the promulgated emission guidelines requires the same reporting and
recordkeeping as Secs. 60.757 and 60.758 of the NSPS. Sections
60.33c(a)(2) of the emission guidelines also refers to design capacity
reports. However, these sections do not address when the reports are
due for existing sources. Section 60.758 specifies that for new
sources, a design capacity report and initial NMOC emission rate report
(if required) are due 90 days after promulgation of the NSPS or 90 days
after a source commences construction, modification, or reconstruction.
To be consistent with these dates and with the date that existing
sources become subject to Title V permitting requirements, as specified
in Sec. 60.32c(c), and the dates provided in the EPA guidance document
for State plans (EPA-456R/96-005), EPA is clarifying that for existing
sources, the initial design capacity report is due 90 days after the
effective date of EPA's approval of a State plan. For sources with
design capacities greater than or equal to 2.5 million Mg and 2.5
million cubic meters, the initial NMOC emission rate report is due at
the same time. To accomplish these clarifications, paragraphs (d) and
(e) have been added to Sec. 60.33c to describe the design capacity and
emission rate reporting requirements applicable to existing sources,
and paragraphs (a) and (b) have been added to Sec. 60.35c to specify
the dates these reports are due.
II. Typographical Errors
Tables 3 and 5 in the direct final preamble (63 FR 32748-32749)
contained typographical errors. The units for the small size cutoff
(column 1) are stated to be in milligrams (mg); however, the values
presented are actually in megagrams (Mg). In table 5, the final two
columns show the ``MNOC average cost eff.'' and the ``MNOC incremental
cost eff.'' These two columns should read ``NMOC'' for nonmethane
organic compounds, rather than ``MNOC''. These tables are corrected and
provided below for clarification.
A typographical error in the final rule amendment text (63 FR
32753) is also being corrected. In the amendments to
Sec. 60.759(a)(3)(iii), the term ``CNMOC'' is corrected to
read ``CNMOC,'' meaning the concentration of nonmethane
organic compounds.
Table 3.--Alternative Design Capacity Exemption Level Options for the Emission Guidelines a,b
----------------------------------------------------------------------------------------------------------------
Annual
Number Annual NMOC methane Annual cost NMOC NMOC
Small size cutoff (Mg) landfills emission emission (million $/ average Incremental
affected reduction c reduction d yr) cost eff. cost eff.
(Mg/yr) (Mg/yr) ($/Mg) ($/Mg)
----------------------------------------------------------------------------------------------------------------
Baselinee......................... ........... ........... ........... ........... ........... ...........
3,000,000......................... 273 73,356 3,220,000 84 1,145 1,145
2,500,000......................... 312 77,600 3,370,000 89 1,147 1,178
1,000,000......................... 572 97,600 3,990,000 119 1,219 1,500
No cutofff........................ 7,299 142,000 8,270,000 719 5,063 13,514
----------------------------------------------------------------------------------------------------------------
a Emission rate cutoff level of 50 Mg NMOC/yr.
b All values are fifth year annualized.
c NMOC emission reductions are from a baseline of 145,000 Mg NMOC/yr.
d Methane emission reductions are from a baseline of 8,400,000 Mg methane/yr.
e In the absence of an emission guideline.
f No emission rate cutoff and no design capacity exemption level.
Table 5.--Alternative Design Capacity Exemption Level Options for the New Source Performance Standards a, b
----------------------------------------------------------------------------------------------------------------
Annual
Number Annual NMOC methane Annual cost NMOC NMOC
Small size cutoff (Mg) landfills emission emission e (million average Incremental
affected reduction c reduction d $/yr) cost eff. cost eff. f
(Mg/yr) (Mg/yr) ($/Mg) ($/Mg)
----------------------------------------------------------------------------------------------------------------
Baseline g........................ ........... ........... ........... ........... ........... ...........
3,000,000......................... 41 4,900 193,000 4 816 NA
2,500,000......................... 43 4,900 193,000 4 816 NA
1,000,000......................... 89 4,900 193,000 4 816 NA
No cutoff h....................... 872 13,115 881,000 81 6,176 NA
----------------------------------------------------------------------------------------------------------------
a Emission rate cutoff level of 50 Mg NMOC/yr.
[[Page 9260]]
b All values are fifth year annualized.
c NMOC emission reductions are from a baseline of 13,400 Mg NMOC/yr.
d Methane emission reductions are from a baseline of 899,000 Mg methane/yr.
e Due to rounding off to the nearest million dollar, cost values do not appear to change for each option.
However, actual costs are slightly less for a less stringent option.
f Because the annual cost does not change enough to show a different cost from one option to the next,
incremental cost effectiveness values are not applicable.
g In the absence of a standard.
III. Administrative
A. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NSPS were submitted to and approved by the Office of
Management and Budget (OMB). A copy of this Information Collection
Request (ICR) document (OMB control number 1557.03) may be obtained
from Sandy Farmer, OP Regulatory Information Division; U.S.
Environmental Protection Agency (2137); 401 M Street, SW; Washington,
DC 20460 or by calling (202) 260-2740.
Today's clarifications to the NSPS should have no impact on the
information collection burden estimates made previously. This document
clarifies the reporting requirements without adding new requirements.
Consequently, the ICR has not been revised.
B. Executive Order 12866: A Significant Regulatory Action Determination
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the proposed regulatory action is
``significant,'' and therefore, subject to OMB review and the
requirements of this Executive Order. The Order defines ``significant''
regulatory action as one that is likely to lead to a rule that may:
(1) have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, public health or safety in State, local, or tribal governments
or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this action is not ``significant''
because none of the listed criteria apply to this action. Therefore,
today's notice did not require OMB review.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements, unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
Today's action is not subject to notice and comment rulemaking
requirements and therefore is not subject to the Regulatory Flexibility
Act. However, for the reasons discussed in the March 12, 1996 Federal
Register (60 FR 9918), this rule does not have a significant impact on
a substantial number of small entities. Today's action clarifies the
reporting requirements in the Standards of Performance for New
Stationary Sources and Guidelines for Control of Existing Sources:
Municipal Solid Waste Landfills and does not include any provisions
that create a burden for any of the regulated entities.
The clarifications in today's action do not increase the stringency
of the rule or add additional control requirements. Nor is the scope of
the rule changed so as to bring any entities not previously subject to
the rule within its scope or coverage. Today's action does not alter
control, monitoring, recordkeeping, or reporting requirements of the
promulgated rule.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for the proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives
of the rule. The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows the EPA
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator
publishes with the final rule an explanation of why that alternative
was not adopted. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of the EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that today's action does not include a
Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate or
to the private sector. Therefore, the requirements of the Unfunded
Mandates Act do not apply to today's action.
E. Executive Order 12875: Enhancing the Intergovernmental Partnership
Under Executive Order 12875, the EPA may not issue a regulation
that is not required by statute and that creates a mandate upon a
State, local, or tribal government unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments, or the EPA consults with those
governments. If the EPA complies by consulting, Executive Order 12875
requires the EPA to provide the Office of Management and Budget (OMB) a
description of the extent of the EPA's prior consultation with
representatives of affected State, local, and tribal governments, the
nature of their concerns, copies of any written
[[Page 9261]]
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires the EPA to develop an effective process permitting elected
officials and other representatives of State, local, and tribal
governments to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.
The EPA held consultations and prepared such a statement at the
time of promulgation of subpart Cc and WWW (60 FR 9913, March 12,
1996). Today's action consists of clarifications that do not create a
mandate on State, local, or tribal governments. Therefore, the
requirements of Executive Order 12875 do not apply to today's action.
F. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045 applies to any rule that the EPA determines
(1) is economically significant as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the EPA must evaluate the environmental health or
safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the EPA.
Today's action is not subject to Executive Order 13045 because it
does not involve decisions on environmental health or safety risks that
may disproportionately affect children.
G. Executive Order 13084: Consultation and Coordination with Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian Tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
This action does not significantly or uniquely affect communities
of Indian tribal governments. The EPA has determined that this final
rule does not include any new Federal mandates or additional
requirements above those previously considered during promulgation of
the 1996 emission guidelines and NSPS. Accordingly, the requirements of
section 3(b) of Executive Order 13084 do not apply to this rule.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) directs all Federal agencies to use voluntary
consensus standards instead of government-unique standards in their
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., material specifications, test methods,
sampling and analytical procedures, business practices, etc.) that are
developed or adopted by one or more voluntary consensus standards
bodies. Examples of organizations generally regarded as voluntary
consensus standards bodies include the American Society for Testing and
Materials (ASTM), the National Fire Protection Association (NFPA), and
the Society of Automotive Engineers (SAE). The NTTAA requires Federal
agencies like EPA to provide Congress, through OMB, with explanations
when an agency decides not to use available and applicable voluntary
consensus standards.
Today's action does not involve any new technical standards or the
incorporation by reference of existing technical standards. Therefore,
consideration of voluntary consensus standards is not relevant to this
action.
I. Immediate Effective Date
The EPA is making today's action effective immediately. The EPA has
determined that the rule changes being made in today's action are not
subject to notice and comment requirements. In addition, the rule
change is a type of technical correction, since it clarifies the rule
to be consistent with EPA's intentions stated in the rule's preamble
and other documents. Notice and opportunity for comment is not required
for such technical corrections. The EPA has also determined that this
rule may be made effective in less than 30 days because it is
interpretive, and relieves restrictions. See 5 U.S.C. 553(d) (1)and
(2).
J. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 60
Environmental protection, Air pollution control, Municipal solid
waste landfills.
Dated: January 25, 1999.
Robert Perciasepe,
Assistant Administrator, OAR.
Part 62, Chapter 1, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.
Subpart Cc--[Amended]
2. Amend Sec. 60.33c as follows:
a. In paragraph (a)(2), remove the words ``submitted with the
report'' and add, in its place, ``submitted with the design capacity
report''.
b. Add paragraphs (d) and (e) to read as follows:
Sec. 60.33c Emission guidelines for municipal solid waste landfill
emissions.
* * * * *
(d) For approval, a State plan shall require each owner or operator
of an MSW landfill having a design capacity less than 2.5 million
megagrams by mass or 2.5 million cubic meters by
[[Page 9262]]
volume to submit an initial design capacity report to the Administrator
as provided in Sec. 60.757(a)(2) of subpart WWW by the date specified
in Sec. 60.35c of this subpart. The landfill may calculate design
capacity in either megagrams or cubic meters for comparison with the
exemption values. Any density conversions shall be documented and
submitted with the report. Submittal of the initial design capacity
report shall fulfill the requirements of this subpart except as
provided in paragraph (d)(1) and (d)(2) of this section.
(1) The owner or operator shall submit an amended design capacity
report as provided in Sec. 60.757(a)(3) of subpart WWW. [Guidance: Note
that if the design capacity increase is the result of a modification,
as defined in Sec. 60.751 of subpart WWW, that was commenced on or
after May 30, 1991, the landfill will become subject to subpart WWW
instead of this subpart. If the design capacity increase is the result
of a change in operating practices, density, or some other change that
is not a modification, the landfill remains subject to this subpart.]
(2) When an increase in the maximum design capacity of a landfill
with an initial design capacity less than 2.5 million megagrams or 2.5
million cubic meters results in a revised maximum design capacity equal
to or greater than 2.5 million megagrams and 2.5 million cubic meters,
the owner or operator shall comply with paragraph (e) of this section.
(e) For approval, a State plan shall require each owner or operator
of an MSW landfill having a design capacity equal to or greater than
2.5 million megagrams and 2.5 million cubic meters to either install a
collection and control system as provided in paragraph (b) of this
section and Sec. 60.752(b)(2) of subpart WWW or calculate an initial
NMOC emission rate for the landfill using the procedures specified in
Sec. 60.34c of this subpart and Sec. 60.754 of subpart WWW. The NMOC
emission rate shall be recalculated annually, except as provided in
Sec. 60.757(b)(1)(ii) of subpart WWW.
(1) If the calculated NMOC emission rate is less than 50 megagrams
per year, the owner or operator shall:
(i) submit an annual emission report, except as provided for in
Sec. 60.757(b)(1)(ii); and
(ii) recalculate the NMOC emission rate annually using the
procedures specified in Sec. 60.754(a)(1) of subpart WWW until such
time as the calculated NMOC emission rate is equal to or greater than
50 megagrams per year, or the landfill is closed.
(2)(i) If the NMOC emission rate, upon initial calculation or
annual recalculation required in paragraph (e)(1)(ii) of this section,
is equal to or greater than 50 megagrams per year, the owner or
operator shall install a collection and control system as provided in
paragraph (b) of this section and Sec. 60.752(b)(2) of subpart WWW.
(ii) If the landfill is permanently closed, a closure notification
shall be submitted to the Administrator as provided in Sec. 60.35c of
this subpart and Sec. 60.757(d) of subpart WWW.
3. Amend Sec. 60.35c by adding paragraphs (a) and (b) after the
introductory text to read as follows:
Sec. 60.35c Reporting and recordkeeping guidelines.
* * * * *
(a) For existing MSW landfills subject to this subpart the initial
design capacity report shall be submitted no later than 90 days after
the effective date of EPA approval of the State's plan under section
111(d) of the Act.
(b) For existing MSW landfills covered by this subpart with a
design capacity equal to or greater than 2.5 million megagrams and 2.5
million cubic meters, the initial NMOC emission rate report shall be
submitted no later than 90 days after the effective date of EPA
approval of the State's plan under section 111(d) of the Act.
Subpart WWW--[Amended]
Sec. 60.75 [Amended]
4. Amend Sec. 60.751 by adding the following sentence to the end of
the definition of ``modification'': ``Modification does not occur until
the owner or operator commences construction on the horizontal or
vertical expansion.''
5. In Sec. 60.759, revise the first and second sentence in
(a)(3)(iii) to read as follows:
Sec. 60.759 Specifications for active collection systems.
(a) * * *
(3) * * *
(iii) The values for k and CNMOC determined in field
testing shall be used if field testing has been performed in
determining the NMOC emission rate or the radii of influence (this
distance from the well center to a point in the landfill where the
pressure gradient applied by the blower or compressor approaches zero).
If field testing has not been performed, the default values for k,
LO and CNMOC provided in Sec. 60.754(a)(1) or the
alternative values from Sec. 60.754(a)(5) shall be used. * * *
* * * * *
[FR Doc. 99-2988 Filed 2-23-99; 8:45 am]
BILLING CODE 6560-50-P
