99-28726. Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction Prior to May 30, 1991 and Have Not Been Modified or Reconstructed Since May 30, 1991

[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Rules and Regulations]
[Pages 60689-60706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28726]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-6469-8]
RIN 2060-AI50


Federal Plan Requirements for Municipal Solid Waste Landfills 
That Commenced Construction Prior to May 30, 1991 and Have Not Been 
Modified or Reconstructed Since May 30, 1991

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action EPA is promulgating (adopting) a Federal plan 
to implement emission guideline requirements for existing municipal 
solid waste (MSW) landfills located in States and Indian country where 
State plans or Tribal plans are not currently in effect. For most 
areas, the Federal plan is an interim action because, on the effective 
date of an approved State or Tribal plan, the Federal plan will no 
longer apply to MSW landfills covered by the State or Tribal plan. This 
MSW landfills Federal plan includes the same required elements 
specified in 40 CFR part 60, subparts B, Cc, and WWW for a State plan: 
identification of legal authority and mechanisms for implementation; 
inventory of affected facilities; emissions inventory; emission limits; 
compliance schedules; a process for EPA or State review of design plans 
for site-specific gas collection and control systems; testing, 
monitoring, reporting and recordkeeping requirements; public hearing 
requirements; and progress reporting requirements. This Federal plan 
will most likely affect the industry sectors Air and Water Resource and 
Solid Waste Management, and Refuse Systems--Solid Waste Landfills, 
which are North American Industrial Classification System Codes 92411 
and 562212 and Standard Industrial Classification Codes 9511 and 4953.

EFFECTIVE DATE: The effective date of this MSW landfills Federal plan 
is January 7, 2000.

ADDRESSES: Docket. Docket numbers A-98-03 and A-88-09 contain the 
supporting information for this promulgated rule and EPA's promulgation 
of standards of performance for new MSW landfills and emission 
guidelines for existing MSW landfills, respectively. These dockets are 
available for public inspection and copying between 8:00 a.m. and 5:30 
p.m., Monday through Friday, at EPA's Air and Radiation Docket and 
Information Center (Mail Code 6102), 401 M Street, SW, Washington, D.C. 
20460, or by calling [phone]. The fax number for the Center is 
[phone] and the e-mail address is ``A-and-R-
[e-mail]''. The docket is located at the above address in 
Room M-1500, Waterside Mall (ground floor, central mall). A reasonable 
fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For procedural and implementation 
information regarding this Federal plan, contact Ms. Mary Ann Warner at 
[phone], Program Implementation and Review Group, Information 
Transfer and Program Integration Division (MD-12), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711. For 
technical information, contact Ms. Michele Laur at [phone], 
Waste & Chemical Processes Group, Emission Standards Division (MD-13), 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711. For information regarding the implementation of this 
Federal plan, contact the appropriate Regional Office (table 3) as 
shown in section J of Supplementary Information.

SUPPLEMENTARY INFORMATION:
    Judicial Review. The EPA proposed this section 111(d) rule for MSW 
landfills on December 16, 1998 (63 FR 69364). This action adopting a 
rule for MSW landfills constitutes final administrative action 
concerning that proposal. Under section 307(b)(1) of the Clean Air Act 
(Act), judicial review of this final rule is available only by filing a 
petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by January 7, 2000. Under section 307(d)(7)(B) of the 
Act, only an objection to this rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the Act, the 
requirements established by today's final action may not be challenged 
separately in any civil or criminal

[[Page 60690]]

proceeding brought by the EPA to enforce these requirements.
    Electronic Copy. In addition to being available in the docket, an 
electronic copy of today's document that includes the regulatory text 
is available through the EPA Technology Transfer Network Website (TTN 
Web) recent actions page for newly proposed or promulgated rules 
(http://www.epa.gov/ttn/oarpg/ramain.html). The TTN Web provides 
information and technology exchange in various areas of air pollution 
control. For TTN help information, call the TTN Web helpline at (919) 
541-5384.
    Regulated Entities. Entities regulated by this action are all 
existing MSW landfills unless the landfill is covered by an EPA-
approved section 111(d) State or Tribal plan that is currently 
effective. Existing landfills are those that:
    (i) commenced construction, modification, or reconstruction prior 
to May 30, 1991;
    (ii) have not been modified or reconstructed since May 30, 1991; 
and
    (iii) have accepted waste since November 8, 1987 or have additional 
capacity for future waste deposition.
    Regulated categories and entities include the following North 
American Industrial Classification System (NAICS) and Standard 
Industrial Classification System (SIC) codes:

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                                                                             Examples of potentially regulated
                   Category                      NAICS code    SIC code                  entities
----------------------------------------------------------------------------------------------------------------
Industry: Air and water resource and solid            92411         9511  Municipal solid waste landfills that
 waste management.                                                         commenced construction, modification,
                                                                           or reconstruction before May 30,
                                                                           1991.
Industry: Refuse systems--solid waste                562212         4953
 landfills.
State, local, and Tribal government agencies.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in this table could also be affected. To determine whether a 
facility, company, or business organization is regulated by this 
action, carefully examine the applicability criteria in Secs. 62.14350 
and 62.14352 of subpart GGG.
    Based on the status of State plans as of June 14, 1999 (A-98-03, 
IV-J-20) and the MSW landfills inventory (A-98-03, IV-B-3), EPA 
projects that the MSW landfills Federal plan could initially affect 
more than 3,800 MSW landfills in approximately 28 States, 
protectorates, and municipalities. However, EPA expects many State 
plans to be approved and become effective in the next few months; 
therefore, the number of landfills affected by this Federal plan will 
continue to decrease as State and Tribal plans are approved and become 
effective.1
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    \1\ While the inventory was completed June 14, 1999, table 2 in 
the preamble and tables 1 and 2 in the regulation were updated as of 
October 19, 1999 and reflect more current information.
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    Outline. The following outline shows the organization of the 
remainder of the SUPPLEMENTARY INFORMATION section of this preamble.

I. Background of Landfills Regulations and Affected Facilities
    A. Background of MSW Landfills Regulations
    B. MSW Landfills Federal Plan and Affected Facilities
    C. MSW Landfills Federal Plan and Negative Declaration Letters
    D. MSW Landfills Federal Plan and the New Source Performance 
Standards
    E. Implementing Authority
    F. MSW Landfills Federal Plan and Indian Country
    G. MSW Landfills Federal Plan and Compliance Schedules
    H. MSW Landfills Excluded From Federal Plan Applicability
    I. Status of State Plan Submittals
    J. Regional Office Contacts
II. Required Elements of this Municipal Solid Waste Landfills 
Federal Plan
III. Summary of Comments and Changes Since Proposal
    A. State Plan Interim Approval
    B. Design Capacity Estimates and Reports
    C. Inventory of Landfills
    D. Calculating Emissions Rate for Control Applicability
    E. Final Control Plan
    F. Increments of Progress
    G. Delegation
IV. Implementation of Federal Plan and Delegation
    A. Background of Authority
    B. Delegation of the Federal Plan and Retained Authorities
    C. Mechanisms for Transferring Authority
V. Title V Operating Permits
VI. Summary of Federal Plan
VII. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Executive Orders on Federalism
    E. Executive Order 13045
    F. Executive Order 13084
    G. Unfunded Mandates Reform Act
    H. Regulatory Flexibility Act
    I. Submission to Congress and the General Accounting Office
    J. National Technology Transfer and Advancement Act

I. Background of Landfills Regulation and Affected Facilities

A. Background of MSW Landfills Regulations

    On March 12, 1996 the EPA promulgated in the Federal Register 
emission guidelines (61 FR 9905) for existing MSW landfills (40 CFR 
part 60, subpart Cc) under authority of section 111 of the Act. The 
guidelines apply to existing MSW landfills, i.e., those that:
    (i) commenced construction, modification, or reconstruction before 
May 30, 1991;
    (ii) have not been modified or reconstructed since May 30, 1991; 
and
    (iii) have accepted waste since November 8, 1987 or have additional 
capacity for future waste deposition.
    On June 16, 1998 and February 24, 1999, EPA published notices to 
amend, correct errors, and clarify regulatory text for 40 CFR part 60, 
subpart Cc (63 FR 32743 and 64 FR 9258). These clarifications and 
amendments did not affect the due date or the required content of State 
plans for existing MSW landfills which were originally due on December 
12, 1996. They did, however, trigger a requirement under 40 CFR 
60.23(a)(2) for States, territories, localities, and Tribes to submit 
proposed revisions to State or Tribal plans to EPA. These plans would 
incorporate the requirements of the clarifications and amendments.
    To make the guidelines enforceable, States with existing MSW 
landfills subject to the guidelines were required to submit to EPA a 
State plan that implements and enforces the emission guidelines within 
9 months of promulgation of the guidelines (December 12, 1996). States 
without existing landfills or without existing

[[Page 60691]]

landfills that require control must submit a negative declaration 
letter. Following receipt of the State plan, EPA has up to 4 months to 
approve or disapprove the plan. In appropriate circumstances, case-by-
case extensions can be granted (40 CFR 60.27(a)). In some cases, local 
agencies or protectorates of the United States submit plans for 
landfills in their jurisdictions. As discussed in section I.F. of this 
preamble, Indian Tribes may, but are not required to, submit Tribal 
plans.
    If a State does not have an approved State plan, section 111 of the 
Act and 40 CFR 60.27(c) and (d) require EPA to develop, implement, and 
enforce a Federal plan for existing MSW landfills located in that 
State. In addition, section 301(d)(2) authorizes the Administrator to 
treat an Indian tribe in the same manner as a State for this MSW 
landfill requirement. (See section 49.3 of ``Indian Tribes: Air Quality 
Planning and Management,'' hereafter ``Tribal Authority Rule,'' 63 FR 
7254, February 12, 1998.) For Indian tribes that do not have an 
approved MSW landfills Tribal plan, EPA must develop, implement and 
enforce a Federal plan for them.
    Today's action, which will be codified as subpart GGG of 40 CFR 
part 62, adopts a MSW landfills Federal plan that includes the elements 
described in section II of this preamble.

B. MSW Landfills Federal Plan and Affected Facilities

    This final MSW landfills Federal plan affects existing MSW 
landfills that:
    (i) commenced construction, reconstruction or modification prior to 
May 30, 1991;
    (ii) have not been modified or reconstructed since May 30, 1991; 
and
    (iii) have accepted waste since November 8, 1987 or have capacity 
for future waste deposition.
    The MSW landfills Federal plan applies to existing MSW landfills 
located in: (1) Any State or portion of Indian country for which a 
State or Tribal plan has not become effective; (2) Any State or portion 
of Indian country for which the State or Tribe submitted a negative 
declaration; (3) Any State or portion of Indian country with an 
effective State or Tribal plan that subsequently is vacated in whole or 
in part; or (4) Any State or portion of Indian country with an 
effective plan that subsequently revises any component of the plan 
(e.g., the underlying legal authority or enforceable mechanism) such 
that the State or Tribal plan is no longer as stringent as the emission 
guidelines. A landfill that meets any of these criteria is covered by 
the Federal plan until an applicable State or Tribal plan is approved 
and becomes effective. An approved State or Tribal plan is a plan that 
EPA has reviewed and approved based on the requirements in 40 CFR part 
60, subpart B to implement and enforce 40 CFR part 60, subpart Cc. The 
State plan becomes effective on the date specified in the notice 
published in the Federal Register announcing EPA's approval.
    The effective date of this Federal plan is January 7, 2000. The 
effective date is 60 days after the date of this publication, rather 
than 30 days after publication as proposed. This extra 30 days will 
allow EPA to approve additional State plans. The EPA does not expect 
the delay to affect the environmental benefits of this regulation.

C. MSW Landfills Federal Plan and Negative Declaration Letters

    A negative declaration is a letter to EPA declaring that either 
there are no existing MSW landfills in the State or portion of Indian 
country or there are no existing MSW landfills in the State or portion 
of Indian country that must install collection and control systems 
according to the requirements of the emission guidelines. States or 
Indian tribes that submit negative declarations are not expected to 
submit State or Tribal plans, but existing MSW landfills with a design 
capacity equal to or greater than 2.5 million megagrams (Mg) and 2.5 
million cubic meters (m\3\) in the State or portion of Indian country 
are subject to the MSW landfills Federal plan. Existing MSW landfills 
with a design capacity less than 2.5 million Mg or 2.5 million m\3\ 
that are located in States or portion of Indian country that submitted 
a negative declaration letter are not required to submit an initial 
design capacity report if the negative declaration letter includes the 
design capacity for the landfills.
    The preamble to the proposed rule incorrectly indicated that 
submission of the initial design capacity report was the only 
requirement applicable to a MSW landfill with a design capacity below 
2.5 million Mg and 2.5 million m\3\. Such MSW landfills, however, 
continue to be subject to the requirements in the definition of design 
capacity in Sec. 62.14351 to recalculate the site-specific density 
annually and in Sec. 62.14355 to submit an amended design capacity 
report in the event that the recalculated design capacity is equal to 
or greater than 2.5 million Mg and 2.5 million m\3\. Section 62.14355 
as proposed and as finalized herein, accurately states that these 
landfills are only exempt from the requirement to submit an initial 
design capacity report. The EPA has added language to Sec. 62.14352(c) 
to make it clearer that a MSW landfill located in a State, locality or 
portion of Indian country that submitted a negative declaration remains 
subject to the requirements to recalculate site-specific density 
annually and to submit an amended design capacity report in the event 
that the recalculated design capacity is equal to or greater than 2.5 
million Mg and 2.5 million m\3\.
    Existing MSW landfills overlooked by a State or Indian tribe that 
submitted a negative declaration letter and existing landfills not 
included in a State or Tribal plan are subject to the Federal plan 
until a State or Tribal plan that includes these sources is approved 
and effective. For instance, in the event that an existing MSW landfill 
that must install a collection and control system according to the 
emission guidelines is subsequently identified where a negative 
declaration has been submitted, the Federal plan requirement to install 
a collection and control system would apply. As discussed in section 
I.F. of this preamble, the Federal plan applies throughout Indian 
country until an approved State or Tribal plan becomes effective. As 
discussed in section I.H. of this preamble, the Federal plan, by its 
own terms, no longer applies to a MSW landfill appropriately covered by 
an approved State or Tribal plan that becomes effective after 
promulgation of the Federal plan. The specific applicability of this 
plan is described in Secs. 62.14350 and 62.14352 of subpart GGG.

D. MSW Landfills Federal Plan and the New Source Performance Standards

    An existing MSW landfill that increases its permitted volume design 
capacity through vertical or horizontal expansion (i.e., is modified) 
on or after May 30, 1991, is subject to the New Source Performance 
Standards (NSPS), 40 CFR part 60, subpart WWW (see 63 FR 32743, June 
16, 1998). Existing MSW landfills that make operational changes without 
increasing the horizontal or vertical dimensions of the landfill 
continue to be subject to the Federal or State plan that implements the 
emission guidelines, rather than the NSPS. Examples of such operational 
changes at a MSW landfill include changing the moisture content of the 
waste, increasing the physical compaction on the surface, changing the 
cover material or thickness of the daily cover, and changing baling or 
compaction practices. This interpretation is consistent with the 
amendments to the

[[Page 60692]]

landfills emission guidelines and NSPS, which are consistent with the 
landfill litigation settlement agreement. A MSW landfill that has been 
reconstructed on or after May 30, 1991 would also be subject to the 
NSPS, not the Federal or State plan that implements the emission 
guidelines. Reconstructions are unlikely for landfills. As specified in 
the NSPS General Provisions, reconstructions are ``the replacement of 
components of an existing facility [landfill] to such an extent that: 
the fixed capital cost of the new components exceeds 50 percent of the 
fixed capital cost of a comparable entirely new facility [landfill].'' 
The EPA knows of no situation where this would occur at a landfill.

E. Implementing Authority

    The EPA Regional Administrators are the delegated authority for 
implementing the MSW landfills Federal plan. All reports required by 
this Federal plan should be submitted to the appropriate Regional 
Administrator. Table 1 lists the States located in each region and the 
addresses of the EPA Regional Administrators.

                                      Table 1.--EPA Regional Administrators
----------------------------------------------------------------------------------------------------------------
                Regional contact                                       State or protectorate
----------------------------------------------------------------------------------------------------------------
EPA Region I, One Congress Street, John F.        CT, MA, ME, NH, RI, VT.
 Kennedy Federal Bldg., Boston, MA 02203-0001.
EPA Region II, 290 Broadway, New York, NY 10007-  NJ, NY, PR, VI.
 1866.
EPA Region III, 1650 Arch Street, Philadelphia,   DC, DE, MD, PA, VA, WV.
 PA 19106.
EPA Region IV, 61 Forsyth Street, SW, Atlanta,    AL, FL, GA, KY, MS, NC, SC, TN.
 GA 30303.
EPA Region V, 77 W. Jackson Blvd., Chicago, IL    IL, IN, MI, MN, OH, WI.
 60604-3507.
EPA Region VI, Fountain Place, 12th Floor, Suite  AR, LA, NM, OK, TX.
 1200, 1445 Ross Avenue, Dallas, TX 75202-2733.
EPA Region VII, 726 Minnesota Avenue, Kansas      IA, KS, MO, NE.
 City, KS 66101.
EPA Region VIII, 999 18th Street, Suite 500,      CO, MT, ND, SD, UT, WY.
 Denver, CO 80202-2466.
EPA Region IX, 75 Hawthorne Street, San           AS, AZ, CA, GU, HI, NMI, NV.
 Francisco, CA 94105.
EPA Region X, 1200 Sixth Avenue, Seattle, WA      AK, ID, OR, WA.
 98101.
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F. MSW Landfills Federal Plan and Indian Country

    The MSW landfills Federal plan applies throughout Indian country to 
ensure that there is not a regulatory gap for existing MSW landfills in 
Indian country. The EPA requested comments, but received none, on its 
proposed approach to applying the landfills Federal plan in Indian 
country; therefore, the proposed approach, which is repeated here, is 
final.
    Indian tribes have the authority under the Act to develop Tribal 
plans in the same manner States develop State plans. On February 12, 
1998, EPA promulgated regulations that outline provisions of the Act 
for which EPA is authorized to treat Tribes in the same manner as 
States (see 63 FR 7254, Tribal Authority Rule; codified at 40 CFR part 
49). Upon the effective date of the Tribal Authority Rule, March 16, 
1998, EPA has the authority to approve Tribal programs, such as Tribal 
plans or programs to implement and enforce MSW landfill emission 
guidelines, under the Act. Section 301(d)(2) authorizes the 
Administrator to treat an Indian tribe in the same manner as a State 
for the Clean Air Act provisions identified in 40 CFR section 49.3 if 
the Indian tribe meets the following criteria:
    (a) The applicant is an Indian tribe recognized by the Secretary of 
the Interior;
    (b) The Indian tribe has a governing body carrying out substantial 
governmental duties and functions;
    (c) The functions to be exercised by the Indian tribe pertain to 
the management and protection of air resources within the exterior 
boundaries of the reservation or other areas within the tribe's 
jurisdiction; and
    (d) The Indian tribe is reasonably expected to be capable, in the 
EPA Regional Administrator's judgement, of carrying out the functions 
to be exercised in a manner consistent with the terms and purposes of 
the Clean Air Act and all applicable regulations (see section 49.6 of 
the Tribal Authority Rule, 63 FR 7272). In addition, if a Tribe meets 
these criteria, the EPA can delegate authority to implement the Federal 
plan to an Indian tribe the same way it can delegate authority to the 
State.
    In addition to giving Indian tribes authority to develop Tribal 
plans, the Act also provides EPA with the authority to administer 
Federal programs in Indian country. This interpretation of EPA's 
authority under the Act is based in part on the general purpose of the 
Act, which is national in scope. In addition, section 301(a) of the Act 
provides EPA broad authority to issue regulations that are necessary to 
carry out the functions of the Act. The EPA believes that Congress 
intended for EPA to have the authority to operate a Federal program in 
instances when Tribes choose not to develop a program, do not adopt an 
approvable program, or fail to adequately implement an air program 
authorized under section 301(d) of the Act. Finally, section 301(d)(4) 
of the Act authorizes the Administrator to directly administer 
provisions of the Act to achieve the appropriate purpose, where Tribal 
implementation of those provisions is not appropriate or 
administratively feasible. The EPA's interpretation of its authority to 
directly implement Clean Air Act programs in Indian county is discussed 
in more detail in the final Federal Operating Permits Program, 64 FR 
8247, (February 19, 1999) and in the Tribal Authority Rule.
    Many Tribes may have delayed development of air quality regulations 
and programs pending promulgation of the Tribal Authority Rule. As 
mentioned previously, Tribes may, but are not required to, submit a MSW 
landfills plan or negative declaration letter under section 111(d) of 
the Act. The EPA is not aware of any Tribes that have developed plans 
to implement the MSW emission guidelines or submitted negative 
declaration letters.
    The impact of this Federal plan on Indian tribes is not expected to 
be significant. There are very few existing MSW landfills in Indian 
country large enough to require the installation of a collection and 
control system. For most existing MSW landfills in Indian country, the 
only requirements this Federal plan imposes are to submit an initial 
design capacity report and to recalculate the site-specific density and 
design capacity annually and to submit an amended design capacity 
report in the event that the recalculated design capacity is equal to 
or greater than 2.5 million Mg and 2.5 million m\3\.
    The Federal plan will apply throughout Indian country except where 
a State or Tribal plan has been explicitly approved by EPA to cover an 
area of Indian country. The EPA will administer the plan in Indian 
country

[[Page 60693]]

without requiring any jurisdictional showing on the part of the Tribe. 
To assure there are no gaps in coverage, EPA will treat disputed areas, 
i.e., areas for which EPA believes the Indian country status may be in 
question, as Indian country. The EPA will continue to implement the 
Federal plan in these areas until a Tribal plan covering an area of 
Indian country becomes effective, or the area is determined not to be 
Indian country and the source is subject to an effective State plan. 
This approach is consistent with the final Federal Operating Permits 
Program cited above.
    The term ``Indian country,'' as used in this MSW landfills Federal 
plan, means (a) All land within the limits of any Indian reservation 
under the jurisdiction of the United States government, notwithstanding 
the issuance of any patent, and including rights-of-way running through 
the reservation, (b) All dependent Indian communities within the 
borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or without 
the limits of a State, and (c) All Indian allotments, the Indian titles 
to which have not been extinguished, including rights-of-way running 
through the same. This definition is consistent with the final Federal 
Operating Permits Program.

G. MSW Landfills Federal Plan and Compliance Schedules

    The emission guidelines require the owner or operator of a MSW 
landfill to submit a design capacity report within 90 days after the 
effective date of the State or Tribal plan (or within 90 days after the 
effective date of the promulgated Federal plan). An emission rate 
report showing nonmethane organic compounds (NMOC) emissions from the 
landfill must also be submitted within the same time period if the 
landfill has a design capacity of 2.5 million Mg and 2.5 million 
m3 or more. Both of the requirements have been incorporated 
in the Federal plan. The emission guidelines and this Federal plan 
further require the owner or operator of a MSW landfill with a design 
capacity greater than or equal to 2.5 million Mg and 2.5 million m\3\ 
to submit a collection and control system design plan within 1 year of 
first reporting NMOC emissions of 50 Mg per year or more. The 
collection and control system must be installed and operating within 30 
months of first reporting NMOC emissions of 50 Mg per year or more. The 
compliance schedule in this Federal plan also sets the dates for 
awarding contracts and beginning construction, however, States, Tribes, 
and owners or operators have the option of setting these two dates (see 
option 3 below), which are not specifically defined in the emission 
guidelines. (See the discussion in section II.E of the proposal 
preamble (63 FR 69373).)
    As discussed in the proposal preamble, the EPA believes that it 
would be inappropriate for the owner or operator of a MSW landfill who 
is subject to the requirements of this Federal plan to install a 
collection and control system to obtain additional time for achieving 
final compliance by virtue of the subsequent approval of a State or 
Tribal plan. The EPA did not receive any adverse comments regarding 
this interpretation. Therefore, to guard against this occurring, the 
EPA has added a sentence to Sec. 62.14356(c)(1) to make it clear that 
once the Federal plan becomes effective, any designated facility to 
which the Federal plan applies will remain subject to the schedule in 
the Federal plan if a subsequently approved State or Tribal plan 
contains a less stringent schedule (i.e., a schedule that provides more 
time to comply with increments 1, 4 and/or 5 as specified in 
Sec. 62.14356(a) than does this Federal plan).
    Also discussed in the proposal preamble were three options for 
establishing dates for the increments of progress that make up the 
compliance schedule. They are: (1) Comply with the generic compliance 
schedule in the landfill Federal plan (table 2 of subpart GGG of the 
proposed Federal plan and table 3 of subpart GGG of this final Federal 
plan), (2) States or Tribes submit compliance schedules to the EPA 
before the end of the comment period of the proposed Federal plan, and 
(3) Landfill owners or operators or the State or Tribe submit a 
compliance schedule for increments 2 and 3 to the EPA at the time the 
final control plan is due. The EPA requested and received no comments 
on these options. Although the time period for submitting increments of 
progress under option 2 has passed, options 1 and 3 will remain 
available in this final Federal plan. This will allow for increased 
regulatory efficiency and flexibility.

H. MSW Landfills Excluded From Federal Plan Applicability

    The MSW landfills Federal plan does not apply to landfills 
appropriately covered by an approved and effective State or Tribal plan 
or to landfills in a State or portion of Indian country that has 
submitted a negative declaration as long as the landfills in fact have 
a design capacity less than 2.5 million Mg or 2.5 million m\3\. If a 
State or Tribal plan becomes effective before this Federal plan becomes 
effective, this Federal plan will not apply to landfills appropriately 
covered by that State or Tribal plan. Promulgation of this MSW 
landfills Federal plan does not preclude a State or Tribe from 
submitting a plan later. If a State or Tribe submits a plan after the 
effective date of this Federal plan, EPA will review and approve or 
disapprove the plan. Upon the effective date of the State or Tribal 
plan, the Federal plan no longer applies. States are, therefore, 
encouraged to continue their efforts to develop and submit State plans 
to EPA for approval. Similarly, EPA encourages Tribes to develop and 
submit Tribal plans.

I. Status of State Plan Submittals

    The following States have EPA approved and effective State plans: 
Alabama, Allegheny County (Pennsylvania), Colorado, Florida, Georgia, 
Illinois, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Missouri, 
Montana, Nashville (Tennessee), Nebraska, New Mexico, New York, North 
Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, and Wyoming.
    The following States have EPA approved State plans that are 
approved but not yet effective: Arizona, 2 California, 
3 Delaware, 4 Maryland, 5 Nevada, 
6 South Carolina, 7 and Tennessee. 8 
States that have approved or approved and effective State plans are 
listed in table 1 of subpart GGG. (MSW landfills located in those 
States would become subject to the Federal plan in the event that the 
State plan is subsequently disapproved, in whole or in part.) States 
that submitted negative declaration letters are listed in table 2 of 
subpart GGG.
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    \2\ The Arizona State plan is scheduled to become effective on 
November 19, 1999 (64 FR 50768, September 20, 1999).
    \3\ The California State plan is scheduled to become effective 
on November 22, 1999 (64 FR 51447, September 23, 1999).
    \4\ The Delaware State plan is scheduled to become effective on 
November 16, 1999 (64 FR 50453, September 17, 1999).
    \5\ The Maryland State plan is scheduled to become effective on 
November 8, 1999 (64 FR 48714, September 8, 1999).
    \6\ The Nevada State plan is scheduled to become effective on 
November 19, 1999 (64 FR 50764, September 20, 1999).
    \7\ The South Carolina State plan is scheduled to become 
effective on October 25, 1999 (64 FR 46148, August 24, 1999).
    \8\ The Tennessee State plan is scheduled to become effective on 
November 29, 1999 (64 FR 52660, September 30, 1999).
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    States without approved plans are making significant progress on 
their State plans and EPA expects many State plans to be approved in 
the next few

[[Page 60694]]

months. (The EPA is not aware of any Indian tribes that are developing 
Tribal plans.) Table 2 of this preamble summarizes the status of States 
without approved and effective State plans and those that have 
submitted negative declarations as of October 19, 1999. The table is 
based on information from EPA Regional Offices (Docket No. A-98-03, 
Item No. IV-J-23). Copies of Federal Register notices of approvals and 
negative declaration letters are located in Docket No. A-98-03.

       Table 2.--Status of States Without an Approved State Plan a
------------------------------------------------------------------------
                                  State
-------------------------------------------------------------------------
 I. Negative declaration submitted to EPA and no State plan is expected.
            (See discussion in section I.C of this preamble.)
 
Region I
  New Hampshire
  Rhode Island
  Vermont
Region III
  District of Columbia
  Philadelphia, PA
 
 II. State plan submitted and is being reviewed by EPA. The promulgated
Federal plan will cover existing MSW landfills in these States until the
              State plan is approved and becomes effective.
 
Region III
  Pennsylvania
  West Virginia
Region IV
  Knox County, Tennessee
  North Carolina
 
 III. State plan or negative declaration not submitted. The existing MSW
  landfills in these States will be subject to the promulgated Federal
plan unless a State plan applicable to existing landfills is approved by
                       EPA and becomes effective.
 
Region I
  Connecticut
  Maine
  Massachusetts
Region II
  New Jersey
  Puerto Rico
  Virgin Islands
Region III
  Virginia
Region IV
  Chattanooga, Tennessee
  Mississippi
Region V
  Indiana
  Michigan
  Wisconsin
Region VI
  Albuquerque, New Mexico
  Arkansas
Region IX
  American Samoa
  Clark County, Nevada
  Guam
  Hawaii
  Northern Mariana Islands
Region X
  Alaska
  Idaho
  Washington
------------------------------------------------------------------------
a Current as of October 19, 1999. See Docket No. A-98-03; Item No. IV-J-
  23.

    To assist in identifying which MSW landfills are and are not 
covered by the Federal plan, table 1 of subpart GGG lists States and 
Indian tribes that have approved and effective plans as of October 19, 
1999 that cover MSW landfills in the State or Indian country. MSW 
landfills not appropriately covered by an effective plan are covered by 
the Federal plan. For example, if a landfill is located in a State that 
is listed in table 1 of subpart GGG and the State plan does not apply 
to the landfill, then the landfill is subject to the Federal plan. As 
stated above, EPA expects additional State plans to become effective 
prior to the effective date of this Federal plan. The EPA will 
periodically amend table 1 of subpart GGG to identify States with 
approved and effective State plans. These amendments will be published 
in the Federal Register and codified in the CFR. The inclusion or the 
failure to include a State in table 1 of subpart GGG is not controlling 
in determining whether a MSW landfill is subject to the MSW landfill 
Federal plan. Any MSW landfill not covered by an approved and currently 
effective State or Tribal plan, or any MSW landfill with a design 
capacity equal to or greater than 2.5 million Mg and 2.5 million 
m3 located in a State that submitted a negative declaration, 
is subject to the MSW landfill Federal plan.
    The EPA will keep an up-to-date list of State plan submittals and 
approvals on the EPA TTN Web at http://www.epa.gov/ttn/oarpg and http:/
/www.epa.gov/ttn/uatw/landfill/landflpg.html. The list will help 
landfill owners or operators determine whether their landfill is 
affected by a State or Tribal plan or the Federal plan.

J. Regional Office Contacts

    For information regarding the implementation of the MSW landfills 
Federal plan, contact the appropriate EPA Regional Office as shown in 
table 3.

   Table 3.--EPA Regional Contacts for Municipal Solid Waste Landfills
------------------------------------------------------------------------
         Regional contact               Phone No.           Fax No.
------------------------------------------------------------------------
                    Region I (CT, MA, ME, NH, RI, VT)
------------------------------------------------------------------------
Jeanne Cosgrove, U.S. EPA/CAQ,         [phone]     [phone]
 John F. Kennedy Federal Bldg.,
 Boston, MA 02203-0001............
------------------------------------------------------------------------
              Region II (NJ, NY, PR, VI)
------------------------------------------------------------------------
Craig Flamm, U.S. EPA/25th Floor,      [phone]     [phone]
 290 Broadway, New York, NY 10007-
 1866.............................
------------------------------------------------------------------------
                   Region III (DC, DE, MD, PA, VA, WV)
------------------------------------------------------------------------
James B. Topsale, U.S. EPA/Region      [phone]     [phone]
 3, 1650 Arch Street,
 Philadelphia, PA 19103-2029......
------------------------------------------------------------------------
               Region IV (AL, FL, GA, KY, MS, NC, SC, TN)
------------------------------------------------------------------------
Scott Davis, U.S. EPA/APTMD, 61        [phone]     [phone]
 Forsyth Street, SW, Atlanta, GA
 30303............................
------------------------------------------------------------------------
                    Region V (IL, IN, MI, MN, OH, WI)
------------------------------------------------------------------------
Charles Hatten, U.S. EPA, 77 W.        [phone]     [phone]
 Jackson Blvd., Chicago, IL 60604.
------------------------------------------------------------------------
 
[[Page 60695]]

 
                     Region VI (AR, LA, NM, OK, TX)
------------------------------------------------------------------------
Mick Cote, U.S. EPA, 1445 Ross         [phone]     [phone]
 Ave., Suite 1200, Dallas, TX
 75202-2733.......................
------------------------------------------------------------------------
                       Region VII (IA, KS, MO, NE)
------------------------------------------------------------------------
Ward Burns, U.S. EPA/RME, 726          [phone]     [phone]
 Minnesota Ave./ARTDAPCO, Kansas
 City, KS 66101-2728..............
------------------------------------------------------------------------
                   Region VIII (CO, MT, ND, SD, UT, WY)
------------------------------------------------------------------------
Martin Hestmark, U.S. EPA/8ENF-T,      [phone]     [phone]
 999 18th Street, Suite 500,
 Denver, CO 80202-2466............
------------------------------------------------------------------------
                 Region IX (AS, AZ, CA, GU, HI, NMI, NV)
------------------------------------------------------------------------
Patricia Bowlin, U.S. EPA/RM HAW/      [phone]    [phone]
 17211, 75 Hawthorne Street/AIR-4,
 San Francisco, CA 94105..........
                        Region X (AK, ID, OR, WA)
------------------------------------------------------------------------
Catherine Woo, U.S. EPA, 1200          [phone]     [phone]
 Sixth Ave., Seattle, WA 98101....
------------------------------------------------------------------------

II. Required Elements of This Municipal Solid Waste Landfills 
Federal Plan

    Section 111(d) of the Act, 42 U.S.C. 7411(d), requires States to 
develop and implement State plans for MSW landfills that implement and 
enforce the published emission guidelines. Subparts B and Cc of 40 CFR 
part 60 require States to submit State plans that include specified 
elements. Because the Federal plan is being adopted for areas where 
State plans are not yet in effect, the Federal plan includes the same 
essential elements as required for State plans: (1) Identification of 
legal authority and mechanisms for implementation, (2) Inventory of 
affected facilities, (3) Emissions inventory, (4) Emission limits, (5) 
Compliance schedules, (6) A process for EPA or State review of design 
plans for site-specific gas collection and control systems, (7) 
Testing, monitoring, reporting and recordkeeping requirements, (8) 
Public hearing requirements, and (9) Progress reporting requirements. 
Each State plan element was discussed in detail as it relates to the 
MSW landfills Federal plan in the preamble to the proposed rule (63 FR 
69370-69375). Table 4 identifies each element and indicates where it is 
located or codified.

                Table 4.--Required Elements and Location
------------------------------------------------------------------------
   Required element of the landfills
              federal plan                  Where located or codified
------------------------------------------------------------------------
1. Identification of legal authority     Section 111(d)(2) of the Act
 and mechanisms for implementation.       and Sections II.A and III.A of
                                          the proposal preamble (63 FR
                                          69370).
2. Inventory of affected facilities....  Docket No. A-98-03, Item No. IV-
                                          B-3.
3. Emission inventory..................  Docket No. A-98-03, Item No. IV-
                                          B-3.
4. Emission limits.....................  40 CFR 62.14353.
5. Compliance schedules................  40 CFR 62.14356.
6. Process for review of site-specific   Section II.F of the proposal
 gas collection and control system        preamble (63 FR 69375).
 design plans.
7. Testing, monitoring, reporting and    40 CFR 62.14354 and 62.14355.
 recordkeeping requirements.
8. Public hearing requirements.........  Section II.I of the proposal
                                          preamble (63 FR 69375).
9. Progress reports....................  Section II.H of proposal
                                          preamble (63 FR 69375).
------------------------------------------------------------------------

III. Summary of Comments and Changes Since Proposal

    In this section of the preamble, the EPA presents a brief summary 
of its responses to the public comments it received on the MSW 
landfills Federal plan. The full comment summaries and responses are 
documented in the promulgation background information document (EPA-
456/R-99-001, Docket No. A-98-03, item III-B-1). The document addresses 
additional comments that are not summarized in this preamble.
    The EPA requested comments on the proposed options for establishing 
the incremental compliance dates. The EPA received no comments on the 
proposed options for establishing the incremental compliance dates, nor 
did it receive site-specific compliance schedules to be included in the 
final rule. The EPA did receive comments on its approval of State 
plans, design capacity estimates and reports, the inventory, 
calculating the emissions rate for control applicability, the final 
control plan, and delegation. The EPA also received one comment on the 
Information Collection Request. That comment is discussed in section 
VII.B of this preamble.

A. State Plan Interim Approval

    Commenters suggested that EPA issue a final rulemaking to provide 
interim approval of State plans that have been submitted to EPA but 
have not yet been approved or disapproved. These commenters suggested 
that if EPA approved State plans on an interim basis, the landfill 
owner or operator would be subject to only the State regulations 
without duplication of Federal requirements. One commenter suggested 
that EPA should defer to the provisions of State plans that have been 
submitted in order to avoid the costs and other burdens of duplicate or 
inconsistent regulation during the review period.
    The EPA will not approve State plans on an interim basis for two 
reasons: (1) There is no legal basis for interim approval and (2) 
Overlapping

[[Page 60696]]

requirements are not likely. The EPA only has the authority to approve 
or disapprove a State plan, or any portion thereof, based on whether it 
is consistent with 40 CFR part 60, subparts B and Cc. While section 502 
of the Act and 40 CFR 70.4(d) specifically authorize interim approval 
for title V permit programs, neither subpart B nor section 111(d) of 
the Act authorizes EPA to grant similar interim approval of State or 
Tribal plans. The EPA will continue to accept and review State plans 
according to the criteria for State plans that are described in 
``Municipal Solid Waste Landfill, Volume 2: Summary of the Requirements 
for Section 111(d) State Plans for Implementing the Municipal Solid 
Waste Emission Guidelines'' (guidance document).
    In addition, the EPA does not expect landfill owners or operators 
to be subject to duplicate or inconsistent regulation. The EPA expects 
that State plans that were submitted by December 1998 (when the Federal 
plan was proposed) will be approved or disapproved before the landfills 
Federal plan becomes effective. Once the State plan is approved and 
becomes effective, the owner or operator of a landfill covered by the 
State plan will not be subject to the Federal plan. If, as expected, 
State plans become effective prior to promulgation of the Federal plan, 
landfill owners or operators of landfills covered in those State plans 
will have to comply only with the State plans and will not be subject 
to two different time lines or other inconsistent requirements.

B. Design Capacity Estimates and Reports

    One commenter contended that it is a meaningless task for towns 
(the owners or operators of the landfills) to create design capacity 
reports based on uncertain data and where the landfills are no longer 
operating. According to the commenter, many of the small towns in the 
State do not know and cannot determine the design capacity of their 
landfills. The height and density, which would be used to calculate the 
design capacity, are not available. The commenter further stated that 
there is no way to recreate the history needed to get the height or 
density. Many of the State's landfills have been closed and have no 
additional capacity for future waste disposal. The commenter also 
stated that most of the landfills in the State are much smaller than 
the design capacity cutoff.
    The emission guidelines require owners and operators subject to the 
Federal plan to submit design capacity reports regardless of the size 
of the landfill. The Federal plan must be as stringent as the emission 
guidelines, therefore, the requirement to submit a design capacity 
report remains in the final Federal plan. The purpose of the design 
capacity report is to help determine which landfills may be subject to 
the requirement to install a collection and control system. Closed 
landfills that accepted waste since 1987 are included because landfills 
continue to emit nonmethane organic compounds (NMOC) years after they 
have closed and they are subject to the emission guidelines that are 
implemented by the Federal plan.
    If data are not available on waste acceptance rates, then owners 
and operators should estimate their landfill's design capacity based on 
the best information available. For example, if owners or operators 
know the acreage of their landfills (the commenter provided the acreage 
for 396 landfills in the State), they could estimate the depth of waste 
based on available information, and document their assumption on depth. 
Then they could calculate the approximate volumetric design capacity of 
the landfill and submit the report. If capacity is clearly below 2.5 
million cubic meters (or 2.5 million megagrams) no further action is 
required.

C. Inventory of Landfills

    One commenter stated that one purpose of the Federal plan appears 
to be to create a database of MSW landfills in order to estimate 
emissions. The commenter stated that the vast majority of small, closed 
landfills will never be able to be assessed due to lack of information. 
Two commenters provided information on landfills in their States. The 
information was submitted in response to EPA's request for supplemental 
information on the landfills inventory that EPA prepared as part of the 
Federal plan (Docket no. A-98-03, Item no. II-B-2). The EPA appreciates 
the commenters' information on landfills. The information provided by 
the commenters is a useful supplement to EPA's inventory and will help 
in determining which landfills may be affected by the landfills Federal 
plan.
    The EPA revised the Federal plan inventory since proposal to remove 
States that it no longer expects to be covered by the landfills Federal 
plan. The updated inventory can be found in Docket No. A-98-03, Item 
No. IV-B-3.
    The EPA will continue to require States that develop State plans to 
submit an inventory of existing landfills that accepted waste after 
November 8, 1987, consistent with 40 CFR 60.25. The purpose of the 
inventory is to provide a record to the public of existing MSW 
landfills in a State or Indian country. The EPA is encouraging States 
to continue work on State plans, including inventories. Where inventory 
data is lacking, States should use whatever information is available to 
develop a reasonable estimate of emissions.

D. Calculating Emissions Rate For Control Applicability

    One commenter recommended that the landfills Federal plan defer to 
alternative emission estimation methods, particularly State-approved 
methods. This would ensure that consistent and accurate emissions 
estimates are used in determining actions under the emission guidelines 
and new source performance standards (40 CFR part 60, subparts Cc and 
WWW) and related State programs, such as Title V permitting and New 
Source Review. The commenter stated that facilities should be allowed 
to employ the most accurate emissions estimates. The commenter also 
expressed concern that EPA may rely on default estimates based on AP-42 
estimation methodology while States are using more recent and 
sophisticated emission methods that are proving more accurate.
    The emission guidelines do not allow the use of AP-42 emission 
factors to determine whether a landfill must install controls; they 
require the MSW landfill owner or operator to use the tiered 
calculation procedure described in 40 CFR 60.754 of subpart WWW to 
determine the eventual need for controls. The Federal plan implements 
the emission guidelines and must, therefore, require the use of the 
same procedure. (The appropriate time to comment on the procedure was 
during the public comment periods for these regulations.) The procedure 
involves the calculation of the NMOC emission rate from a landfill. If 
the emission rate equals or exceeds a specified threshold (50 Mg NMOC/
yr), the landfill owner or operator must install a gas collection and 
control system.
    The first tier of the tiered calculation procedure is purposefully 
conservative to ensure that landfill emissions are controlled. Tiers 2 
and 3 allow site-specific measurements to determine emissions more 
accurately. However, if the landfill owner or operator wants to use an 
alternative more accurate method, they can seek approval from the 
Administrator. Section 60.754(b)(3) of subpart WWW (which is cross-
referenced to Sec. 62.14354 of subpart GGG) allows landfill owners or 
operators to use another method to determine landfill gas flow rate and

[[Page 60697]]

NMOC concentration if the method has been approved by the 
Administrator. The landfill owner or operator can use the approved 
alternative methods to provide a better estimate of emissions for a 
particular landfill.
    To ensure national consistency, the Administrator is retaining the 
authority to approve alternative methods to determine site-specific 
NMOC concentrations and methane generation rate constants and is not 
transferring this authority to the State or Tribe upon delegation of 
authority to implement and enforce the Federal plan. The EPA will 
review and consider any applications for site-specific methods that it 
receives.
    To estimate emissions for State inventories and related State 
programs such as Title V permitting and New Source Review, a State may 
use its own procedures. Tier 1 default values are not recommended for 
inventories because they tend to overestimate emissions from many 
landfills. As mentioned previously, the default values are purposefully 
conservative because they serve as an indicator of the need to install 
a collection and control system. The Federal plan, the emission 
guidelines, and the guidance document recommend using AP-42 unless 
site-specific information is available or can be developed. AP-42 has 
values that are more typical than Tier 1 defaults, for permitting and 
inventories. Other procedures approved by the State may also be used 
for permitting and inventory purposes.

E. Final Control Plan

    One commenter suggested that the final control plan (design plan) 
should be consistent with the new source performance standards. The 
commenter noted that the last sentence of the definition of final 
control plan in Sec. 62.14351 of subpart GGG could be deleted without 
consequence. That sentence reads: ``The final control plan also must 
include the same information that will be used to solicit bids to 
install the collection and control system.'' The commenter believes the 
requirement is more stringent than the new source performance 
standards' requirement and that bid information in the design plan 
would not be practical for sites that will install collection and 
control systems in multiple phases. The commenter contended that the 
purpose of the design plan is to demonstrate that the landfill gas 
collection system planned for the facility will meet the control 
requirements of the regulations, not as a tool for bidding purposes.
    The EPA agrees that it is appropriate to delete the last sentence 
from the proposed definition of final control plan. This change makes 
the definition consistent with the emission guidelines and the guidance 
document. However, other requirements for submitting the final control 
plan remain the same. The owner or operator must submit the final 
control plan within 1 year after the NMOC emission rate first equals or 
exceeds 50 megagrams per year.

F. Increments of Progress

    One commenter stated that the proposed Federal plan increments of 
progress are more stringent than the emission guidelines for existing 
landfills and the new source performance standards for new landfills. 
The commenter contended that the proposed Federal plan would impose a 
more burdensome regulatory requirement on existing landfills above and 
beyond that which is included in the emission guidelines. The commenter 
recommended eliminating the increments of progress and in their place 
requiring owners or operators to comply with the recordkeeping and 
reporting provisions of the new source performance standards. The 
commenter stated that existing landfills should be given the same 
flexibility for achieving compliance with Federal plan emission 
guidelines as are new landfills under the new source performance 
standards.
    The requirements for existing landfills under the emission 
guidelines and the Federal plan are essentially the same as the 
requirements for new landfills under the new source performance 
standards. For existing MSW landfills, five increments of progress are 
required by 40 CFR part 60, subpart B. These five increments of 
progress are:
    (1) Submit final control plan;
    (2) Award contracts;
    (3) Begin construction;
    (4) Complete construction, and
    (5) Reach final compliance.
    Increments 1, 4, and 5 are also required by the emission guidelines 
for existing landfills. For new MSW landfills, three increments of 
progress are required by the new source performance standards. These 
three increments of progress are:
     Submit final control plan (collection and control system 
design plan),
     Complete construction (install collection and control 
system; and
     Reach final compliance.
    Subpart B does not apply to new landfills, thus, the increments to 
award contracts and begin construction are not required for new 
landfills.9 Although these two increments of progress do 
apply to existing landfills, there is flexibility in the dates for 
meeting them. Unlike the compliance time periods for increments 1, 4, 
and 5, which are specified in the emission guidelines, no time periods 
are specified for increments 2 and 3 in either subpart B or the 
emission guidelines. Thus, the Federal plan allows the State, local or 
Tribal authority, or the landfill owner or operator, to request 
different time periods for these increments versus the generic time 
periods specified in the Federal plan.
---------------------------------------------------------------------------

    \9\ While subpart B does not apply to new MSW landfills, the 
general provisions (40 CFR 60.7) do and they require that owners or 
operators of affected facilities (which include new MSW landfills) 
provide notification to EPA of certain actions they plan to take or 
have taken. One of these actions is when they begin construction. 
This notification requirement for new MSW landfills is not altered 
by EPA's promulgation of the MSW landfills Federal plan.
---------------------------------------------------------------------------

G. Delegation

    One commenter from a State environmental protection agency 
recommended that States should not be the enforcement agent under the 
Federal plan. The commenter noted that it did not want to take 
delegation of the Federal plan, especially if it requires collection of 
design capacity reports from hundreds of rural towns with small, closed 
landfills.
    Although a State is not obligated to take delegation of the Federal 
plan, the EPA believes that the State, Tribal, and local agencies are 
in the best position to design, adopt, and implement the control 
programs needed to meet the requirements of the MSW landfills Federal 
plan in their jurisdictions. This is consistent with Congress' 
overarching intent that the primary responsibility for air pollution 
control rests with State and local agencies. See 63 FR 69375, December 
16, 1998 and the Act section 101(a)(3).
    The EPA continues to strongly encourage States, Tribes, and local 
agencies to submit approvable State plans. For States that are unable 
to submit plans, the EPA strongly encourages them to request delegation 
of the Federal plan, if feasible.

IV. Implementation of Federal Plan and Delegation

    The EPA designed the landfills Federal plan to facilitate the 
transfer of authority from EPA to States, Tribes, and local agencies. 
The EPA believes that it is advantageous and the best use of resources 
for State, local, or Tribal agencies to undertake roles in implementing 
this Federal plan. Such roles could include development of a process 
for reviewing collection and

[[Page 60698]]

control system design plans, administrating reporting and recordkeeping 
requirements, and conducting source inspections.

A. Background of Authority

    The EPA is required to adopt emission guidelines that are 
applicable to existing MSW landfills under section 111(d) of the Act. 
The emission guidelines are not enforceable, however, until EPA 
approves a State or Tribal plan or adopts a Federal plan. In cases 
where a State or Tribe does not have an EPA approved plan, the EPA must 
adopt a Federal plan for MSW landfills in the State or in Indian 
country as an interim measure to implement the emission guidelines 
until the State or Tribal plan is approved. A few States may not submit 
a State plan and EPA is not aware of any Tribes that are developing 
Tribal plans.
    Congress has determined that the primary responsibility for air 
pollution control rests with State and local agencies. See the Act 
101(a)(3). Consistent with that overall determination, Congress 
established section 111 of the Act with the intent that the States and 
local agencies take the primary responsibility for ensuring that the 
emission limitations and other requirements in the emission guidelines 
are achieved. Congress explicitly required that EPA establish 
procedures under section 111(d) that are similar to those under section 
110 for State Implementation Plans. The section 110 procedures are 
based on States having the primary responsibility. Congress has shown a 
consistent intent for the States and local agencies to have the primary 
responsibility, but also included the requirement for EPA to promulgate 
a Federal plan for States that fail to submit approvable State plans. 
Accordingly, EPA has strongly encouraged the States to submit 
approvable State plans, and for those States that are unable to submit 
approvable State plans, EPA is strongly encouraging them to request 
delegation of the Federal plan so that they can have the primary 
responsibility in their State, consistent with Congress' overarching 
intent.
    The EPA also believes that Indian tribes are the primary parties 
responsible for regulating air quality within Indian country. See EPA's 
Indian Policy (``Policy for Administration of Environmental Programs on 
Indian Reservations,'' signed by William D. Ruckelshaus, Administrator 
of EPA dated November 4, 1984), which was reaffirmed by EPA 
Administrator Browner in 1994 (memorandum entitled, ``EPA Indian 
Policy'' signed by Carol M. Browner, Administrator of EPA on March 14, 
1994).
    The EPA believes, more specifically, that the State, Tribal and 
local agencies have the responsibility to design, adopt, and implement 
the control programs needed to meet the requirements of the MSW 
landfills Federal plan. The EPA also believes that if these agencies 
have appropriate enforcement resources, they can achieve the highest 
rates of actual compliance in the field. For these reasons, EPA seeks 
to employ all available mechanisms to expedite program transfer to 
State, Tribal and local agencies, where requests for delegations can be 
granted. For example, EPA encouraged States to help determine 
compliance schedules for this MSW landfills Federal plan.

B. Delegation of the Federal Plan and Retained Authorities

    If a State or Indian tribe intends to take delegation of the 
Federal plan, the State or Indian tribe must submit a letter to EPA 
stating their intent on behalf of the State or Tribe. In order to 
obtain delegation, an Indian tribe must also establish its eligibility 
to be treated in the same manner as a State (see section I.F of the 
preamble). The letter requesting delegation of authority to implement 
the Federal plan must, at a minimum, demonstrate that the State or 
Tribe has adequate resources and the legal and enforcement authority to 
administer and enforce the program. If the State or Tribe makes such a 
demonstration, EPA will approve the delegation of the Federal plan. A 
memorandum of agreement between the State or Tribe and the EPA setting 
forth the terms and conditions of the delegation, including the 
effective date of the agreement, would be used to transfer authority. 
The EPA will publish an approval notice in the Federal Register and 
incorporate it into 40 CFR part 62. The EPA will, in conjunction with 
the State or Tribe, make additional efforts to ensure that affected 
sources are aware that the State or Tribe has assumed responsibility 
for implementation.
    The EPA will keep an up-to-date list of State and Tribal plan 
submittals on the EPA TTN Web (http://www.epa.gov/ttn/oarpg). The list 
will also show whether the State or Tribe has taken delegation of the 
Federal plan. It is important to note, however, that while the EPA will 
endeavor to keep the listing updated, the list is not controlling 
regarding whether a State or Tribal plan has been approved or whether 
authority to implement and enforce the MSW landfills Federal plan has 
been delegated.
    The EPA will implement the Federal plan unless authority to 
implement the Federal plan is delegated to a State or Indian tribe. If 
a State or Tribe fails to implement the delegated portion of the 
Federal plan, EPA will assume direct implementation.
    In delegating implementation and enforcement authority to a State 
or Tribe under sections 101(a)(3) and 111 of the Act, the EPA 
Administrator will retain the authority to approve the following items 
and not transfer them to a State or Tribe:
     Alternative site-specific NMOC concentration (NMOC) or 
site-specific methane generation rate constant (k) used in calculating 
the annual NMOC emission rate,
     Alternative emission standard,
     Major alternatives 1 to test methods,
---------------------------------------------------------------------------

    \1\ Major changes to test methods or to monitoring are 
modifications made to a federally enforceable test method or to a 
federal monitoring requirement. These changes would involve the use 
of unproven technology or procedures or an entirely new method 
(which is sometimes necessary when the required test method or 
monitoring requirement is unsuitable).
---------------------------------------------------------------------------

     Major alternatives \1\ to monitoring, or
     Waivers of recordkeeping.

If landfill owners or operators would like to avail themselves of the 
items listed above and specified in this Federal plan, they should 
submit a request to the Regional Office Administrator with a copy to 
the State. It should be noted that the EPA does not relinquish 
enforcement authority even when a State or Tribe has received 
delegation.

C. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation 
responsibility to States, Tribes, and local agencies: (1) If EPA 
approves a State or Tribal plan submitted to EPA after the Federal plan 
is promulgated, the State or Tribe would have authority to enforce and 
implement the State or Tribal plan upon the effective date of EPA's 
approval; and (2) if a State or Tribe does not submit or obtain 
approval of a State or Tribal plan, EPA can delegate the authority to 
the State, Tribe, or local agencies to perform certain implementation 
responsibilities for this Federal plan to the extent appropriate and 
allowed by State or Tribal law.
1. A State or Tribal Plan Is Submitted After Landfills Are Subject to 
the Federal Plan
    After a landfill in a State or in a portion of Indian country 
becomes

[[Page 60699]]

subject to the Federal plan, the State, Tribe or local agency may still 
adopt and submit to EPA for approval a plan (i.e., a plan containing a 
State or Tribal rule or other enforceable mechanism, inventories, 
records of public hearings, and all other required elements of a State 
plan). The EPA will determine if the State or Tribal plan is as 
stringent as the emission guidelines. If EPA determines that the State 
or Tribal plan is as stringent as the emission guidelines, EPA will 
approve the State or Tribal plan. If, however, EPA determines that the 
State or Tribal plan is not as stringent as the guidelines, EPA will 
disapprove the plan. MSW landfills covered by State or Tribal plans 
that become effective after the Federal plan is in place are subject to 
the compliance schedule of the Federal plan if the compliance schedule 
of the State or Tribal plan is less stringent.
    Note that 40 CFR 60.24(f) allows some flexibility on a case-by-case 
basis for a less stringent rule or compliance schedule if specific 
criteria are met, sufficient justification is provided by the State or 
Tribe, and EPA approves the plan. States and Tribes may make their 
plans more stringent than the emission guidelines.
    Landfills covered in the State or Tribal plan are subject to the 
Federal plan until the State or Tribal plan is approved and becomes 
effective. Upon the effective date of the State or Tribal plan, the 
Federal plan no longer applies to landfills covered by the State or 
Tribal plan and the State, Tribe or local agency will implement and 
enforce the State or Tribal plan in lieu of the Federal plan. (The EPA 
will periodically amend the Federal plan to identify States or Tribes 
that have State or Tribal plans covering landfills in their 
jurisdiction. Such landfills are not subject to the Federal plan.) 
Making the State or Tribal plan effective in this manner expedites a 
State's or Tribe's responsibility for implementing the emission 
guidelines as intended by Congress.
2. State Takes Delegation of the Federal Plan
    The State, Tribal or local agency may request Federal 
implementation responsibilities even if there is no State or Tribal 
plan in effect. The EPA believes that it is advantageous and the best 
use of resources for State, Tribal or local agencies to agree to 
undertake, on the EPA's behalf, administrative and substantive roles in 
implementing the Federal plan, to the extent appropriate and where 
authorized by State or Tribal law. These roles could include as a 
minimum: development of a process for review of site-specific gas 
collection and control system design plans, administration and 
oversight of compliance reporting and recordkeeping requirements, 
conduct of source inspections, and preparation of draft notices of 
violation. As stated previously, the EPA does not relinquish the 
authority to bring enforcement actions against sources violating 
Federal plan provisions.

V. Title V Operating Permits

    Title V of the Clean Air Act and EPA's implementing regulations set 
minimum standards for State and local air pollution control agencies to 
adopt and submit for EPA approval a regulatory program for issuing 
operating permits to specific sources. These sources include, but are 
not limited to the following: major sources under title I or section 
112 of the Act; affected sources under title IV of the Act (acid rain 
sources); solid waste incineration units required to obtain a permit 
under section 129 of the Act; and sources subject to standards under 
section 111 or 112 of the Act that are not area sources exempted or 
deferred from permitting requirements under title V.
    As clarified in the landfill amendments (63 FR 32743), all existing 
MSW landfills with design capacities equal to or greater than 2.5 
million Mg and 2.5 million m\3\ must have a title V operating permit. 
Existing landfills with design capacities less than 2.5 million 
megagrams or 2.5 million m\3\ are not required to have a title V 
operating permit, unless they are a major source or are subject to 
title V for some other reason (e.g., subject to a section 112 National 
Emission Standard for Hazardous Air Pollutants (NESHAP) or to another 
section 111 NSPS).
    The owner or operator of an existing MSW landfill with a design 
capacity equal to or greater than 2.5 million Mg and 2.5 million m\3\ 
is subject to this MSW landfills Federal plan, and as a result, must 
obtain a title V operating permit (40 CFR part 70 or part 71). Such 
sources, if not already subject to title V permitting for another 
reason or reasons (see sections 70.3 and 71.3), become subject to the 
requirement to obtain an operating permit ninety days after the 
effective date of this Federal plan, even if the design capacity report 
is submitted prior to that date. The requirement to apply for a title V 
permit is triggered ninety days after the effective date of the MSW 
landfills Federal plan as this is the date that MSW landfills are 
required to submit design capacity reports (if they have not already 
been submitted). For more information on title V permitting 
requirements, please see the preamble discussion entitled 
``Clarification of Title V Permitting Requirements'' in the June 16, 
1998 direct final rule (63 FR 32743, 32746) for NSPS and emission 
guidelines for MSW landfills.
    Sources subject to the title V permitting program under part 70 or 
71 are required to file title V applications within 12 months after 
becoming subject to the program. To be timely, the owner or operator of 
a MSW landfill, which is subject to title V as a result of this 
landfills Federal plan, must submit an application for an operating 
permit not later than one year and ninety days after the effective date 
of the MSW landfills Federal plan. If a source submits a timely and 
complete application within this time frame, the permitting authority 
may grant the source a permit application shield which, if maintained 
by the source, would allow the source to operate without a permit until 
its final title V permit is issued.
    Existing MSW landfills that are not currently subject to title V 
because their design capacity is less than 2.5 million Mg or 2.5 
million m\3\ may trigger the requirement to apply for a title V permit 
in the future if the design capacity subsequently increases to equal or 
exceed 2.5 million Mg and 2.5 million m\3\. The only circumstance under 
which this could occur is if the increase in design capacity is a 
change that is not a modification, i.e., it is not based on an increase 
in permitted design capacity by either vertical or horizontal 
expansion. For example, an increase in the compaction of waste where 
the rate of compaction can be increased without a modification to the 
permit issued by the State, local or Tribal agency that is responsible 
for regulating the landfill. An amended design capacity report must be 
submitted within 90 days of the design capacity increase. (See 40 CFR 
60.35c which incorporates the requirement in 40 CFR 60.757(a)(3).) Such 
sources would be required to file title V applications (if the sources 
are not already subject to title V) within 12 months of the date that 
the amended design capacity reports are required to be submitted. The 
proposal preamble accurately reflected this fact. Unfortunately, 
Sec. 62.14352(d) of the proposed regulatory text incorrectly indicated 
that the 12-month period for submitting a title V application commenced 
90 days after the amended design capacity report is due. This would be 
contrary to title V of the Act and the requirements of 40 CFR 
70.5(a)(1)(i) and 71.5(a)(1)(i). The EPA is correcting this error in 
promulgating the Federal plan. Section 62.14352(e)

[[Page 60700]]

(section number revised in final Federal plan) now correctly indicates 
that a MSW landfill becomes subject to the requirement of section 
70.5(a)(1)(i) or section 71.5(a)(1)(i) on the date the amended design 
capacity report is due.
    Existing MSW landfills that increase the permitted design capacity 
(via modification of the permit issued by the State, local or Tribal 
agency that regulates the landfill) to 2.5 million Mg and 2.5 million 
m3 or more will, upon commencing construction on the 
vertical or horizontal expansion, have undergone either a modification 
or reconstruction and will, therefore, not be subject to the landfills 
Federal plan, but rather will be subject to the NSPS.
    As noted above, a landfill could be subject to title V for another 
reason or reasons. MSW landfills, for example, may be subject to title 
V permitting as a result of being a major source under one or more of 
three major source definitions in title V: (1) section 112, (2) section 
302, or (3) part D of title I of the Act. If a landfill is subject to 
title V for more than one reason, then the 12 month time frame for 
filing a title V application will be triggered by the criterion in 
section 70.3 or 71.3 which first caused the landfill to be subject to 
title V. As provided in section 503(c) of the Act, permitting 
authorities may establish earlier deadlines (earlier than the 12 months 
allowed) for submitting title V applications.
    A MSW landfill that is closed and is no longer subject to title V 
as a result of this landfills Federal plan (see 40 CFR 62.14352(e)) may 
remain subject to title V permitting requirements for another reason or 
reasons as discussed above. In such circumstances, the landfill would 
be required to continue operating in compliance with a title V permit.
    Title V operating permits issued to MSW landfills subject to this 
Federal plan must include all applicable requirements of this Federal 
plan (see 40 CFR 70.2 and 71.2). These permits must also contain all 
necessary terms and conditions to assure compliance with these 
applicable requirements. If a source is subject to both State and 
Federal plan requirements due to a State taking delegation of part of 
the Federal plan, then the landfill's permit must contain the 
applicable provisions from each plan. Given that a title V permit for a 
MSW landfill may contain both State and Federal provisions, it is 
especially important that each title V permit issued to a MSW landfill 
clearly state the basis for each requirement consistent with 40 CFR 
70.6(a)(1)(i) and 71.6(a)(1)(i).

VI. Summary of Federal Plan

    The MSW landfills Federal rule (40 CFR part 62, subpart GGG) 
includes applicability criteria, emission standards, design criteria, 
monitoring and performance testing requirements, and recordkeeping and 
reporting requirements. These emission standards and requirements are 
the same as those in the emission guidelines (40 CFR part 60, subpart 
Cc), as revised in 1998 and 1999. The requirements are summarized in 
section V of the proposal preamble (63 FR 69377). However, the EPA has 
determined that the summary in the proposal preamble is deficient in 
its discussion of the requirements applicable to MSW landfills with a 
capacity of less than 2.5 million Mg or 2.5 million m3. In 
addition to the requirement to submit an initial design capacity 
report, the owner or operator of such a MSW landfill who converts 
design capacity from volume to mass or mass to volume to demonstrate 
that the landfill's design capacity is less than 2.5 million Mg or 2.5 
million m3, as provided in the definition of ``design 
capacity'', has an ongoing obligation to recalculate site-specific 
density annually and to keep readily accessible, on-site records of the 
annual recalculation of site-specific density, design capacity and the 
supporting documentation. The owner or operator of such a MSW landfill 
is also required to submit an amended design capacity report within 90 
days of the annual recalculation of site-specific density and design 
capacity indicating that the landfill now has a design capacity of 
equal to or greater than 2.5 million Mg and 2.5 million m3. 
The EPA has added language to Sec. 62.14353(a) to make it clearer that 
the owner or operator of such a MSW landfill is subject to these 
requirements. For purposes of consistency, EPA has added the same 
language to Sec. 62.14353(b).

VII. Administrative Requirements

    This section addresses the following administrative requirements: 
Docket, Paperwork Reduction Act, Executive Order 12866, Executive 
Orders on Federalism, Executive Orders 13045 and 13084, Unfunded 
Mandates Reform Act, Regulatory Flexibility Act, Submission to Congress 
and the General Accounting Office, and National Technology Transfer and 
Advancement Act. Since today's adopted rule merely implements the 
emission guidelines promulgated on March 12, 1996 (codified at 40 part 
60, subpart Cc) as they apply to MSW landfills and does not impose any 
new requirements, much of the following discussion of administrative 
requirements refers to the discussion of the administrative 
requirements contained in the preamble to the 1996 rule (61 FR 65404-
65413, March 12, 1996).

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rule. Material is 
added to the docket throughout the rule development process. The 
docketing system is intended to allow members of the public to identify 
and locate documents so that they can effectively participate in the 
rulemaking process. The contents of the docket will serve as the record 
in case of judicial review (see 42 U.S.C. 7607(d)(7)(A)) except for 
interagency review material. Docket number A-88-09 contains the 
technical support for the March 12, 1996 emission guidelines. 
Additional technical support specific to this rule is contained in 
Docket No. A-98-03.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1893.01) and a copy may be obtained from Sandy Farmer, OPPE 
Regulatory Information Division; U.S. Environmental Protection Agency 
(2137); 401 M Street, SW; Washington, DC 20460, by email at 
[e-mail], or by calling [phone]. A copy may also be 
accessed on the internet at http://www.epa.gov/icr and in Docket No. A-
98-03, Item No. IV-B-4. The information requirements are not effective 
until OMB approves them.
    The information will be used by the Agency to ensure that the MSW 
landfill Federal plan requirements are implemented and are complied 
with on a continuous basis. Records and reports are necessary to enable 
EPA to identify MSW landfills that may not be in compliance with the 
MSW landfill Federal plan requirements. Based on reported information, 
EPA will decide which landfills should be inspected and what records or 
processes should be inspected. The records that owners and operators of 
MSW landfills maintain will indicate to EPA whether personnel are 
operating and maintaining control equipment properly.
    Based on 1992 and 1996 Office of Solid Waste reports, a national 
survey of landfills, and recent information from States, this Federal 
plan is projected to

[[Page 60701]]

affect approximately 3,837 MSW landfills in 28 States, 5 territories, 
and 1 municipality. The EPA prepared the ICR in June 1999 and based the 
calculations on the status of State plans as of May 30, 1999. See Table 
2 for the status of State plans as of October 19, 1999. A number of 
State plans are expected to be approved within the year following 
Federal plan promulgation. When a State plan is approved, the Federal 
plan, by its own terms, will no longer apply to MSW landfills covered 
in that State plan. Thus, the rule may affect fewer MSW landfills and 
States during the second and third years following promulgation, and 
the average annual burden may be less than the numbers presented here.
    The estimated average annual burden for industry for the first 3 
years after the implementation of the Federal plan is 15,110 hours 
annually at a cost of $1,509,135 per year to meet the monitoring, 
recordkeeping, and reporting requirements. The estimated average annual 
burden, over the first 3 years, for the Agency is 7,401 hours at a cost 
of $336,341 (including travel expenses) per year.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose, or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    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 EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
    One commenter (IV-G-01) stated that 24 hours is not long enough for 
EPA to review the site-specific design plan. The commenter contended 
that EPA's estimate may be too low for an adequate and comprehensive 
review, particularly where alternatives are proposed. The EPA did 
further analysis and determined that it would be appropriate to 
increase the time allocated for reviewing and approving the design 
plan, thus the EPA has increased the estimate to review site-specific 
design plans to 30 hours. The EPA based this estimate on a survey of 
EPA Regional Offices and several States.

C. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to OMB review and the requirements of the Executive 
Order. The Order defines ``significant regulatory action'' as one that 
is likely to result in 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, productivity, competition, jobs, the environment, public 
health or safety, or 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.
    The EPA considered the 1996 guidelines and standards to be 
significant and the rules were reviewed by OMB in 1996 (see 61 FR 9913, 
March 12, 1996). The Federal plan adopted today will simply implement 
the 1996 guidelines and does not result in any additional control 
requirements or impose any additional costs above those previously 
considered during promulgation of the 1996 guidelines; therefore, this 
regulatory action is considered ``not significant'' under Executive 
Order 12866.

D. Executive Orders on Federalism

    Under Executive Order 12875, 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 EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires 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.''
    Today's rule does not create an unfunded mandate on State, local or 
tribal governments. The Federal plan adopted today does not impose any 
additional costs or result in any additional control requirements above 
those previously considered during promulgation of the 1996 guidelines. 
Accordingly, the requirements of section 1(a) of Executive Order 12875 
do not apply to this rule. The EPA nonetheless has involved State and 
local governments in the development of this rule. During development 
of the MSW landfills Federal plan, EPA worked with the EPA Regional 
Offices to identify and address State issues. In addition, EPA 
requested compliance schedules from States that want a schedule in the 
Federal plan consistent with the State plan until the State plan 
becomes effective. No such schedules have been received.
    On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132, [64 FR 43255 (August 10, 1999),] 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order 12612 [52 FR 41685 (October 30, 1987),] on federalism 
still applies. This rule will not have a substantial direct effect on 
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 12612. 
This Federal plan affects owners and operators of existing municipal 
solid waste landfills for which a State or Tribal plan is not in 
effect. Most of these landfills are owned or operated by private 
industry or municipalities, not States. A State or Indian Tribe may 
request delegation to implement the Federal plan but is not required to 
do so. In addition, the Federal plan adopted today will simply 
implement the 1996 guidelines and does not result in any additional 
federalism issues above those previously considered during promulgation 
of the 1996 guidelines.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under E.O.

[[Page 60702]]

12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety affects 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 Agency.
    This rule is not subject to E.O. 13045 because it is not 
economically significant. Further, EPA interprets E.O. 13045 as 
applying only to those regulatory actions that are based on health or 
safety risks such that the analysis required under section 5-501 of the 
order has the potential to influence the regulation. This MSW landfills 
Federal plan is not subject to E.O. 13045 because it merely implements 
the previously promulgated emission guidelines and thus does not 
involve decisions on environmental health risks or safety risk that may 
disproportionately affect children.

F. Executive Order 13084: Consultation 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.''
    The MSW landfills Federal plan adopted today does not significantly 
or uniquely affect the communities of Indian tribal governments. There 
are very few existing landfills in Indian country large enough to 
require the installation of a collection and control system. For most 
existing landfills in Indian country, the only requirements this 
Federal plan imposes are to submit an initial design capacity report of 
landfills in Indian country and to recalculate their site-specific 
density and design capacity annually and submit an amended design 
capacity report in the event that the recalculated design capacity is 
equal to or greater than 2.5 million Mg and 2.5 million m 3. 
Further, the Federal plan adopted today does not impose any additional 
costs or result in any additional control requirements above those 
previously considered during promulgation of the 1996 guidelines.

G. 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, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for 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 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 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 why that 
alternative was not adopted. Before 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 EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements. An unfunded mandate statement was prepared and published 
in the March 12, 1996 promulgation notice for the final emission 
guidelines and new source performance standards (see 63 FR 9913 through 
9918).
    The EPA has determined that the adopted MSW landfills Federal plan 
does not include any new Federal mandates or additional requirements 
above those previously considered during promulgation of the 1996 
guidelines. Therefore, the requirements of sections 202 and 205 of the 
Unfunded Mandates Act do not apply to this rule.

H. Regulatory Flexibility Act

    Section 605 of the Regulatory Flexibility Act (RFA) requires 
Federal agencies to give special consideration to the impacts of 
regulations on small entities, which are defined as small businesses, 
small organizations, and small governments. During the 1996 rulemaking, 
EPA estimated that small entities would not be affected by the 
promulgated guidelines and standards, and therefore, a regulatory 
flexibility analysis was not required (see 61 FR 9918). This adopted 
Federal plan does not establish any new requirements; therefore, 
pursuant to the provisions of 5 U.S.C. 605 (b), EPA certifies that this 
MSW landfills Federal plan will not have a significant impact on a 
substantial number of small entities, and thus a regulatory flexibility 
analysis is not required.

I. Submission to Congress and the General Accounting Office

    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 
adopting 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 this rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

J. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (the NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note), directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary

[[Page 60703]]

consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices, 
etc.) that are developed or adopted by voluntary consensus standard 
bodies. The purpose of the NTTAA is to reduce the costs to the private 
and public sectors by requiring federal agencies to use existing 
technical standards used in commerce or industry. The NTTAA requires 
the EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    The NTTAA does not apply because the Federal plan implements an 
existing rule to which NTTAA did not apply. In addition, the emission 
guidelines, which the Federal plan is based on, do not impose technical 
standards.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: October 28, 1999.
Carol M. Browner,
Administrator.

    For reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 62--[AMENDED]

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

    Authority: 42 U.S.C 7401-7642.

    2. Amend part 62 by adding subpart GGG consisting of Secs. 62.14350 
through 62.14356 as follows:

Subpart GGG--Federal Plan Requirements for Municipal Solid Waste 
Landfills That Commenced Construction Prior to May 30, 1991 and Have 
Not Been Modified or Reconstructed Since May 30, 1991

Sec.
62.14350  Scope and delegation of authority.
62.14351  Definitions.
62.14352  Designated facilities.
62.14353  Standards for municipal solid waste landfill emissions.
62.14354  Procedures, test methods, and monitoring.
62.14355  Reporting and recordkeeping requirements.
62.14356  Compliance schedules and increments of progress.
    Table 1 of Subpart GGG--States That Have an Approved and 
Effective State Plan
    Table 2 of Subpart GGG--States that Submitted a Negative 
Declaration Letter
    Table 3 of Subpart GGG--Generic Compliance Schedule and 
Increments of Progress
    Table 4 of Subpart GGG--Site-Specific Compliance Schedules and 
Increments of Progress [Reserved]

Subpart GGG--Federal Plan Requirements for Municipal Solid Waste 
Landfills That Commenced Construction Prior to May 30, 1991 and 
Have Not Been Modified or Reconstructed Since May 30, 1991


Sec. 62.14350  Scope and delegation of authority.

    (a) This subpart contains emission requirements and compliance 
schedules for the control of designated pollutants from certain 
municipal solid waste landfills in accordance with section 111(d) of 
the Clean Air Act and 40 CFR part 60, subpart B. This municipal solid 
waste landfills Federal plan applies to each designated facility as 
defined in Sec. 62.14352 of this subpart that is not covered by an EPA 
approved and currently effective State or Tribal plan.
    (b) The following authorities shall be retained by the 
Administrator and not transferred to the State or Tribe upon delegation 
of authority to the State or Tribe to implement and enforce the Federal 
plan pursuant to sections 101(a)(3) and 111 of the Clean Air Act:
    (1) Approval of alternative methods to determine site-specific NMOC 
concentration (C NMOC) or site-specific methane generation 
rate constant (k) used in calculating the annual NMOC emission rate (as 
provided in 40 CFR 60.754(a)(5) of subpart WWW),
    (2) Alternative emission standards,
    (3) Major alternatives 1 to test methods,
---------------------------------------------------------------------------

    \1\ Major changes to test methods or to monitoring are 
modifications made to a federally enforceable test method or to a 
federal monitoring requirement. These changes would involve the use 
of unproven technology or procedures or an entirely new method 
(which is sometimes necessary when the required test method or 
monitoring requirement is unsuitable).
---------------------------------------------------------------------------

    (4) Major alternatives to monitoring, or
    (5) Waivers of recordkeeping.


Sec. 62.14351  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and 40 CFR part 60, subparts A, B, and WWW.
    Achieve final compliance means to connect and operate the 
collection and control system as specified in the final control plan. 
Within 180 days after the date the landfill is required to achieve 
final compliance, the initial performance test must be conducted.
    Award contract means the MSW landfill owner or operator enters into 
legally binding agreements or contractual obligations that cannot be 
canceled or modified without substantial financial loss to the MSW 
landfill owner or operator. The MSW landfill owner or operator may 
award a number of contracts to install the collection and control 
system. To meet this increment of progress, the MSW landfill owner or 
operator must award a contract or contracts to initiate on-site 
construction or installation of the collection and control system.
    Complete on-site construction means that all necessary collection 
system components and air pollution control devices identified in the 
final control plan are on site, in place, and ready for operation.
    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.
    EPA approved State plan means a State plan that EPA has approved 
based on the requirements in 40 CFR part 60, subpart B to implement and 
enforce 40 CFR part 60, subpart Cc. An approved State plan becomes 
effective on the date specified in the notice published in the Federal 
Register announcing EPA's approval.
    Federal Indian Reservation means for purposes of the Clean Air Act, 
all land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation.
    Final control plan (Collection and control system design plan) 
means a plan that describes the collection and control system that will 
capture the gas generated within an MSW landfill. The collection and 
control system design plan must be prepared by a professional engineer 
and must describe a collection and control system that meets the 
requirements of 40 CFR 60.752(b)(2)(ii). The final control plan must 
contain engineering specifications and drawings of the collection and 
control system. The final control plan must include any alternatives to 
the operational standards, test methods, procedures, compliance 
measures, monitoring, recordkeeping or reporting provisions of 40 CFR 
60.753 through 60.758 proposed by the owner or operator. The final 
control plan must either conform with the specifications for active 
collection systems in 40 CFR 60.759 or include a

[[Page 60704]]

demonstration that shows that based on the size of the landfill and the 
amount of waste expected to be accepted, the system is sized properly 
to collect the gas, control emissions of NMOC to the required level and 
meet the operational standards for a landfill.
    Indian Country means all land within the limits of any Indian 
reservation under the jurisdiction of the United States government, 
notwithstanding the issuance of any patent, and including rights-of-way 
running through the reservation; all dependent Indian communities 
within the borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or without 
the limits of a State; and all Indian allotments, the Indian titles to 
which have not been extinguished, including rights-of-way running 
through the same.
    Initiate on-site construction means to begin any of the following: 
installation of the collection and control system to be used to comply 
with the emission limits as outlined in the final control plan; 
physical preparation necessary for the installation of the collection 
and control system to be used to comply with the final emission limits 
as outlined in the final control plan; or, alteration of an existing 
collection and control system to be used to comply with the final 
emission limits as outlined in the final control plan.
    Modification means an increase in the permitted volume design 
capacity of the landfill by either horizontal or vertical expansion 
based on its permitted design capacity as of May 30, 1991. Modification 
does not occur until the owner or operator commences construction on 
the horizontal or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. A municipal solid waste landfill may 
also receive other types of RCRA Subtitle D wastes such as commercial 
solid waste, nonhazardous sludge, conditionally exempt small quantity 
generator waste, and industrial solid waste. Portions of a municipal 
solid waste landfill may be separated by access roads. A municipal 
solid waste landfill may be publicly or privately owned.
    Negative declaration letter means a letter to EPA declaring that 
there are no existing MSW landfills in the State or that there are no 
existing MSW landfills in the State that must install collection and 
control systems according to the requirements of 40 CFR part 60, 
subpart Cc. The negative declaration letter must include the design 
capacities of any existing MSW landfills with a design capacity less 
than 2.5 million megagrams or 2.5 million cubic meters.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    State means any of the 50 United States and the protectorates of 
the United States.
    State plan means a plan submitted pursuant to section 111(d) of the 
Clean Air Act and 40 CFR part 60, subpart B that implements and 
enforces 40 CFR part 60, subpart Cc. State plans include plans 
developed by States, local agencies, and protectorates.
    Tribal plan means a plan submitted by a Tribal Authority pursuant 
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 
CFR part 60, subpart Cc.


Sec. 62.14352  Designated facilities.

    (a) The designated facility to which this subpart applies is each 
municipal solid waste landfill in all States, protectorates, and Indian 
Country that meets the conditions of paragraphs (a)(1) and (a)(2) of 
this section, except for landfills exempted by paragraphs (b) and (c) 
of this section.
    (1) The municipal solid waste landfill commenced construction, 
reconstruction, or modification before May 30, 1991 (landfills that 
commence construction, modification, or reconstruction on or after May 
30, 1991 are subject to 40 CFR part 60, subpart WWW), and
    (2) The municipal solid waste landfill has accepted waste at any 
time since November 8, 1987 or the landfill has additional capacity for 
future waste deposition.
    (b) A municipal solid waste landfill regulated by an EPA approved 
and currently effective State or Tribal plan is not subject to the 
requirements of this subpart. States that have an approved and 
effective State plan are listed in table 1 of this subpart. 
Notwithstanding the exclusions in table 1 of this subpart, any MSW 
landfill located in a State or portion of Indian country that does not 
have an EPA approved and currently effective State or Tribal plan is 
subject to the requirements of this subpart.
    (c) A municipal solid waste landfill located in a State, locality, 
or portion of Indian country that submitted a negative declaration 
letter is not subject to the requirements of this subpart other than 
the requirements in the definition of design capacity to recalculate 
the site-specific density annually and in Sec. 62.14355 to submit an 
amended design capacity report in the event that the recalculated 
design capacity is equal to or greater than 2.5 million megagrams and 
2.5 million cubic meters. However, if the existing municipal solid 
waste landfill already has a design capacity equal to or greater than 
2.5 million megagrams and 2.5 million cubic meters, then it is subject 
to the requirements of the Federal plan. States, localities, or 
portions of Indian country that submitted negative declaration letters 
are listed in table 2 of this subpart.
    (d) Physical or operational changes made to an existing municipal 
solid waste landfill solely to comply with an emission guideline are 
not considered a modification or reconstruction and would not subject 
an existing municipal solid waste landfill to the requirements of 40 
CFR part 60, subpart WWW.
    (e) For purposes of obtaining an operating permit under title V of 
the Clean Air Act, the owner or operator of a municipal solid waste 
landfill subject to this subpart with a design capacity less than 2.5 
million megagrams or 2.5 million cubic meters is not subject to the 
requirement to obtain an operating permit for the landfill under part 
70 or 71 of this chapter, unless the landfill is otherwise subject to 
either part 70 or 71. For purposes of submitting a timely application 
for an operating permit under part 70 or 71, the owner or operator of a 
municipal solid waste landfill subject to this subpart with a design 
capacity greater than or equal to 2.5 million megagrams and 2.5 million 
cubic meters on January 7, 2,000 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 April 6, 2000, 
even if the initial design capacity report is submitted earlier. In 
addition, the owner or operator of a municipal solid waste landfill 
subject to this subpart with a design capacity less than 2.5 million 
megagrams or 2.5 million cubic meters on January 7, 2000, and not 
otherwise subject to either part 70 or 71, but whose design capacity 
subsequently increases to equal or exceed 2.5 million megagrams and 2.5 
million cubic meters by a change that is not a modification or 
reconstruction becomes subject to the requirements of 
Sec. 70.5(a)(1)(i) or Sec. 71.5(a)(1)(i) of this chapter upon the date 
the amended design capacity report is due.
    (f) When a municipal solid waste landfill subject to this subpart 
is closed, the owner or operator is no longer subject to the 
requirement to maintain an operating permit under part 70 or 71 of this 
chapter for the landfill if the landfill is not otherwise subject to 
the

[[Page 60705]]

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 Sec. 62.14353 of this subpart; or
    (2) The owner or operator meets the conditions for control system 
removal specified in 40 CFR 60.752(b)(2)(v).


Sec. 62.14353  Standards for municipal solid waste landfill emissions.

    (a) The owner or operator of a designated facility having a design 
capacity less than 2.5 million megagrams or 2.5 million cubic meters 
must comply with the requirements of 40 CFR 60.752(a) in addition to 
the applicable reporting and recordkeeping requirements specified in 
this subpart.
    (b) The owner or operator of a designated facility having a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters must comply with the requirements of 40 CFR 60.752(b) in 
addition to the applicable reporting and recordkeeping requirements 
specified in this subpart.


Sec. 62.14354  Procedures, test methods, and monitoring.

    (a) The owner or operator of a designated facility having a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters must calculate the landfill nonmethane organic compounds 
emission rate using the procedures listed in 40 CFR 60.754, as 
applicable, to determine whether the landfill nonmethane organic 
compounds emission rate equals or exceeds 50 megagrams per year.
    (b) The owner or operator of a designated facility with a gas 
collection and control system used to comply with Sec. 62.14353(b) must 
comply with the operational standards in 40 CFR 60.753; the test 
procedures in 40 CFR 60.754(b) and (d); the compliance provisions in 40 
CFR 60.755; and the monitoring provisions in 40 CFR 60.756, unless 
alternative procedures have been approved.


Sec. 62.14355  Reporting and recordkeeping requirements.

    (a) The owner or operator of a designated facility must comply with 
the recordkeeping and reporting provisions listed in 40 CFR 60.757 and 
60.758, except as provided for under paragraphs (a)(1) and (a)(2) of 
this section.
    (1) The initial design capacity report for a designated facility is 
due within 90 days of the effective date of this subpart. Existing MSW 
landfills with a design capacity less than 2.5 million megagrams or 2.5 
million cubic meters that are located in States that submitted a 
negative declaration letter are not required to submit an initial 
design capacity report provided that the MSW landfill's design capacity 
was included in the negative declaration letter.
    (2) The initial nonmethane organic compounds emission rate report 
for a designated facility is due within 90 days of the effective date 
of this subpart.
    (b) The owner or operator of a designated facility must submit 
notification to the EPA Regional Office within 10 business days of 
completing each increment of progress. Each notification must indicate 
which increment of progress specified in Sec. 62.14356(a)(1) through 
(a)(5) of this subpart has been achieved. The notification must be 
signed by the owner or operator of the landfill.
    (1) For the first increment of progress, the final control plan 
(collection and control system design plan) must be submitted in 
addition to the notification. A copy of the design plan must also be 
kept on site at the landfill.
    (2) For the second increment of progress, a signed copy of the 
contract(s) awarded must be submitted in addition to the notification.
    (c) The owner or operator of a designated facility who fails to 
meet any increment of progress specified in Sec. 62.14356(a)(1) through 
(a)(5) of this subpart according to the applicable schedule in 
Sec. 62.14356 of this subpart must submit notification that the owner 
or operator failed to meet the increment to the EPA Regional Office 
within 10 business days of the applicable date in Sec. 62.14356.
    (d) The owner or operator (or the State or Tribal air pollution 
control authority) that is submitting alternative dates for increments 
2 and 3 according to Sec. 62.14356(d) of this subpart must do so by the 
date specified for submitting the final control plan. The date for 
submitting the final control plan is specified in Sec. 62.14356(c)(1) 
and (c)(2) of this subpart, as applicable. The owner or operator (or 
the State or Tribal air pollution control authority) must submit a 
justification if any of the alternative dates are later than the 
increment dates in table 3 of this subpart. In addition to submitting 
the alternative dates to the appropriate EPA Regional Office, the owner 
or operator must also submit the alternative dates to the State.


Sec. 62.14356  Compliance schedules and increments of progress.

    (a) Increments of progress. The owner or operator of a designated 
facility that has a design capacity equal to or greater than 2.5 
million megagrams and 2.5 million cubic meters and a nonmethane organic 
compound emission rate greater than or equal to 50 megagrams per year 
must achieve the increments of progress specified in paragraphs (a)(1) 
through (a)(5) of this section to install air pollution control devices 
to meet the emission standards specified in Sec. 62.14353(b) of this 
subpart. (Refer to Sec. 62.14351 for a definition of each increment of 
progress.)
    (1) Submit control plan: Submit a final control plan (collection 
and control system design plan) according to the requirements of 
Sec. 62.14353(b) of this subpart and 40 CFR 60.752(b)(2).
    (2) Award contract(s): Award contract(s) to initiate on-site 
construction or initiate on-site installation of emission collection 
and/or control equipment.
    (3) Initiate on-site construction: Initiate on-site construction or 
initiate on-site installation of emission collection and/or control 
equipment as described in the EPA-approved final control plan.
    (4) Complete on-site construction: Complete on-site construction 
and installation of emission collection and/or control equipment.
    (5) Achieve final compliance: Complete construction in accordance 
with the design specified in the EPA-approved final control plan and 
connect the landfill gas collection system and air pollution control 
equipment such that they are fully operating. The initial performance 
test must be conducted within 180 days after the date the facility is 
required to achieve final compliance.
    (b) Compliance date. For each designated facility that has a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters and a nonmethane organic compound emission rate greater 
than or equal to 50 Mg per year, planning, awarding of contracts, and 
installation of municipal solid waste landfill air emission collection 
and control equipment capable of meeting the standards in 
Sec. 62.14353(b) must be accomplished within 30 months after the date 
the initial emission rate report (or the annual emission rate report) 
first shows that the nonmethane organic compounds emission rate equals 
or exceeds 50 megagrams per year.
    (c) Compliance schedules. The owner or operator of a designated 
facility that has a design capacity equal to or greater than 2.5 
million megagrams and 2.5 million cubic meters and a nonmethane organic 
compound emission rate greater than or equal to 50 megagrams per year 
must achieve the increments of progress specified in paragraphs (a)(1) 
through

[[Page 60706]]

(a)(5) of this section according to the schedule specified in paragraph 
(c)(1) or (c)(2) of this section, unless a site-specific schedule is 
approved by EPA.
    (1) The owner or operator of a designated facility must achieve the 
increments of progress according to the schedule in table 3 of this 
subpart, except for those affected facilities specified in paragraph 
(c)(2) of this section. Once this subpart becomes effective on January 
7, 2000, any designated facility to which this subpart applies will 
remain subject to the schedule in table 3 if a subsequently approved 
State or Tribal plan contains a less stringent schedule, (i.e., a 
schedule that provides more time to comply with increments 1, 4 and/or 
5 than does this Federal plan).
    (2) The owner or operator of the specified designated facility in 
table 4 of this subpart must achieve the increments of progress 
according to the schedule in table 4 of this subpart.
    (d) For designated facilities that are subject to the schedule 
requirements of paragraph (c)(1) of this section, the owner or operator 
(or the State or Tribal air pollution control authority) may submit to 
the appropriate EPA Regional Office for approval alternative dates for 
achieving increments 2 and 3.

Tables to Subpart GGG

   Table 1 of Subpart GGG.--States That Have an Approved and Effective
                              State Plan a
------------------------------------------------------------------------
                                                          Effective date
                       State plan                          of state plan
-----------------------------------------------------------------b------
Alabama.................................................        12/07/98
Allegheny County, Pennsylvania..........................        04/16/99
Arizona.................................................        11/19/99
California..............................................        11/22/99
Colorado................................................        09/28/98
Delaware................................................        11/16/99
Florida.................................................        08/03/99
Georgia.................................................        01/12/99
Illinois................................................        01/22/99
Iowa....................................................        06/22/98
Kansas..................................................        05/19/98
Kentucky................................................        06/21/99
Louisiana...............................................        10/28/97
Maryland................................................         11/8/99
Minnesota...............................................        09/25/98
Missouri................................................        06/23/98
Montana.................................................        09/08/98
Nashville, Tennessee....................................        02/16/99
Nebraska................................................        06/23/98
Nevada..................................................        11/19/99
New Mexico..............................................        02/10/98
New York................................................        09/17/99
North Dakota............................................        02/13/98
Ohio....................................................        10/06/98
Oklahoma................................................        05/18/99
Oregon..................................................        08/25/98
South Carolina..........................................        10/25/99
South Dakota............................................        08/02/99
Tennessee...............................................        11/29/99
Texas...................................................        08/16/99
Utah....................................................        03/16/98
Wyoming.................................................       07/31/98
------------------------------------------------------------------------
a This table is provided as a matter of convenience and is not
  controlling in determining whether a MSW landfill is subject to the
  Federal plan. A MSW landfill is subject to this Federal plan if it
  commenced construction before May 30, 1991 and has not been modified
  or reconstructed on or after that date and is not covered by an
  approved and currently effective State or Tribal plan.
b The State plan is expected to become effective on the date indicated.
  However, if the State plan does not become effective on the date
  indicated, the Federal plan applies until the State plan becomes
  effective.


  Table 2 of Subpart GGG.--States That Submitted a Negative Declaration
                                Letter a
------------------------------------------------------------------------
                                                              Date of
      State, locality, or portion of Indian country          negative
                                                            declaration
------------------------------------------------------------------------
District of Columbia....................................        09/11/97
New Hampshire...........................................        07/22/98
Philadelphia, Pennsylvania..............................        02/27/96
Rhode Island............................................        05/27/98
Vermont.................................................       08/20/96
------------------------------------------------------------------------
a A MSW landfill with a design capacity equal to or greater than 2.5
  million megagrams and 2.5 million cubic meters located in an area for
  which a negative declaration letter was submitted is subject to the
  Federal plan, notwithstanding the negative declaration letter and this
  table 2.


 Table 3 of Subpart GGG.--Generic Compliance Schedule and Increments of
                               Progress a
------------------------------------------------------------------------
               Increment                               Date
------------------------------------------------------------------------
Increment 1--Submit final control plan.  1 year after initial NMOC
                                          emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                           50 Mg/yr.b
Increment 2--Award Contracts...........  20 months after initial NMOC
                                          emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                           50 Mg/yr.b
Increment 3--Begin on-site construction  24 months after initial NMOC
                                          emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                           50 Mg/yr.b
Increment 4--Complete on-site            30 months after initial NMOC
 construction.                            emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                           50 Mg/yr.b
Increment 5--Final compliance..........  30 months after initial NMOC
                                          emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                           50 Mg/yr.b
------------------------------------------------------------------------
a Table 3 of subpart GGG applies to landfills with design capacities 2.5 million megagrams and 2.5 million cubic meters that are
  subject to this subpart except those with site-specific compliance
  schedules shown in table 4 of subpart GGG.
b NMOC = nonmethane organic compounds Mg/yr = megagrams per year

    Table 4 of Subpart GGG--Site-Specific Compliance Schedules and 
Increments of Progress [Reserved]
[FR Doc. 99-28726 Filed 11-5-99; 8:45 am]
BILLING CODE 6560-50-P