98-32993. 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 63, Number 241 (Wednesday, December 16, 1998)]
[Proposed Rules]
[Pages 69364-69384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32993]



[[Page 69363]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 62



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; Proposed Rule

Federal Register / Vol. 63, No. 241 / Wednesday, December 16, 1998 / 
Proposed Rules

[[Page 69364]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-6201-4]


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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: On March 12, 1996, pursuant to section 111 of the Clean Air 
Act (Act), EPA promulgated emission guidelines applicable to existing 
municipal solid waste (MSW) landfills. Section 111(d) of the Act and 40 
Code of Federal Regulations (CFR) part 62, subpart B require States 
with existing MSW landfills subject to the emission guidelines to 
submit to EPA State plans to implement and enforce the emission 
guidelines. Indian tribes may submit, but are not required to submit, 
Tribal plans to implement and enforce the emission guidelines in Indian 
country. The State plans were due on December 12, 1996. States without 
existing MSW landfills or without existing landfills that require 
control must submit a negative declaration letter. Indian tribes 
without existing MSW landfills or without existing MSW landfills that 
require control may submit, but are not required to submit, a negative 
declaration letter. Following receipt of the State plan, EPA has up to 
4 months to approve or disapprove the plan. If a State with existing 
MSW landfills does not submit an approvable plan within 9 months after 
promulgation of the guidelines (i.e., December 12, 1996), the Act 
requires EPA to develop, implement, and enforce a Federal plan for MSW 
landfills in that State.
    In this action EPA proposes a MSW landfills Federal plan to 
implement emission guideline requirements for existing MSW landfills 
located in States and Indian country where State plans or Tribal plans 
are not currently in effect. For most of these States and possibly for 
some Indian Tribes, the Federal plan that is promulgated will be an 
interim action since at the time a State or Tribal plan becomes 
effective, the Federal plan will no longer apply to MSW landfills 
covered by the plan. This proposed 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 
record keeping requirements; public hearing requirements; and progress 
reporting requirements. Also discussed in this preamble is MSW 
landfills Federal plan implementation and delegation of authority. 
Industry sectors likely to be affected include Air and Water Resource 
and Solid Waste Management, and Refuse Systems--Solid Waste Landfills 
(North American Industrial Classification System Codes 92411 and 
562212).

DATES: Comments. Comments on this proposal must be received on or 
before February 16, 1999.
    Public Hearing. A public hearing will be held in each EPA region in 
which a MSW landfill is located that would be covered by the proposed 
landfills Federal plan, if individuals request to speak. Requests to 
speak must be received by December 28, 1998. If requests to speak are 
received, one or more public hearings will be held. A message regarding 
the date and location of the public hearing(s) may be accessed by 
calling [phone] after January 5, 1999.

ADDRESSES: Comments. Comments on this proposal should be submitted (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (MC-6102), Attention docket number A-98-03, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460. Comments and 
data may be filed electronically by following the instructions in 
section I of SUPPLEMENTARY INFORMATION of this preamble.
    Public Hearing. Persons requesting to speak should notify Ms. Mary 
Ann Warner, Program Implementation and Review Group, Information 
Transfer and Program Integration Division (MD-12), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone [phone]. A message regarding the date and location of 
the public hearing(s) may be accessed by calling [phone].
    Docket. Docket numbers A-98-03 and A-88-09 contain the supporting 
information for this proposed 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 (202) 260-
4000 and the e-mail address is ``[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 information regarding this 
proposal, 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 2) as shown in 
section I of SUPPLEMENTARY INFORMATION. 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. If more information on the TTN Web is needed, 
call the TTN Web Help Line at [phone].

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Entities potentially regulated by this proposed 
action are all existing MSW landfills unless the landfill is subject to 
an EPA-approved section 111(d) State or Tribal plan that is currently 
effective. Existing landfills are those that commenced construction, 
modification, or reconstruction prior to May 30, 1991 and have not been 
modified or reconstructed since May 30, 1991 and have accepted waste 
since November 8, 1987 or have additional capacity for future waste 
deposition. Regulated categories and entities include:

[[Page 69365]]



------------------------------------------------------------------------
                Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry and Local and Tribal            Municipal solid waste landfills
 Government agencies NAICS Code 92411     that commenced construction,
 (Air and Water Resource and Solid        modification, or
 Waste Management) NAICS Code 562212      reconstruction before May 30,
 (Refuse Systems--Solid Waste             1991.
 Landfills).
------------------------------------------------------------------------

    The foregoing table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by the MSW landfills Federal plan. For specific applicability criteria, 
see Secs. 62.14350 and 62.14352 of subpart GGG.
    Based on a July 24, 1998 MSW landfills inventory (A-98-03, II-B-2), 
EPA projects that the MSW landfills Federal plan could initially affect 
up to 3,459 MSW landfills in approximately 36 States, protectorates, 
and municipalities. However, EPA expects many State plans to become 
effective by the time the Federal plan is promulgated; therefore, the 
number of landfills affected by this Federal plan will continue to 
decrease as State and Tribal plans are approved and become effective.
    Electronic submittal of comments. Comments and data may be 
submitted electronically via electronic mail (E-mail) or on disk. 
Electronic comments on this proposed rule may be filed via E-mail at 
most Federal Depository Libraries. E-mail submittals should be sent to 
[e-mail]. No confidential business information 
should be submitted through E-mail. Comments and data will also be 
accepted on disks in WordPerfect 5.1 or 6.1 file format or ASCII file 
format. Electronic comments must avoid the use of special characters 
and any form of encryption. All comments and data for this proposal, 
whether in paper form or electronic form, must be identified by docket 
number A-98-03.
    Outline. The following outline shows the organization 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
    A. Legal Authority and Mechanism for Implementation
    B. Inventory of Affected MSW Landfills
    C. Inventory of Emissions
    D. Emission Limits
    E. Compliance Schedules and Increments of Progress
    F. Process for Review and Approval of Site-Specific Design Plans
    G. Testing, Monitoring, Recordkeeping, and Reporting
    H. Record of Public Hearings
    I. Progress Reports
III. IMPLEMENTATION OF FEDERAL PLAN AND DELEGATION
    A. Background of Authority
    B. Delegation of the Federal Plan and Retained Authorities
    C. Mechanisms for Transferring Authority
IV. TITLE V OPERATING PERMITS
V. SUMMARY OF FEDERAL PLAN
    A. Applicability
    B. Control Requirements
    C. Monitoring and Compliance
    D. Reporting and Recordkeeping
VI. ADMINISTRATIVE REQUIREMENTS
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Executive Order 12875
    E. Executive Order 13045
    F. Executive Order 13084
    G. Unfunded Mandates Act
    H. Regulatory Flexibility Act
    I. National Technology Transfer and Advancement Act

I. Background of Landfills Regulations and Affected Facilities

A. Background of MSW Landfills Regulations

    On March 12, 1996 the EPA promulgated in the Federal Register 
emission guidelines for existing MSW landfills (40 CFR part 60, subpart 
Cc) under authority of section 111 of the Act (61 FR 9905). The 
guidelines apply to existing MSW landfills, i.e., those that commenced 
construction, modification, or reconstruction before May 30, 1991 and 
have not been modified or reconstructed since May 30, 1991 and have 
accepted waste since November 8, 1987 or have additional capacity for 
future waste deposition. On June 16, 1998, EPA published a notice to 
amend, correct errors, and clarify regulatory text for 40 CFR part 60, 
subpart Cc (63 FR 32743). These amendments did not affect the due date 
or the required content of State plans for existing MSW landfills.
    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. In appropriate 
circumstances, case-by-case extensions can be granted (40 CFR 
60.27(a)). State plans were due on December 12, 1996. In some cases, 
local agencies or protectorates of the United States will submit plans 
for landfills in their jurisdictions. As discussed in section I.E. 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, proposes a MSW landfills Federal plan that includes the 
elements described in section II of this preamble.

B. MSW Landfills Federal Plan and Affected Facilities

    When this proposed MSW landfills Federal plan becomes a final rule, 
the MSW landfills Federal plan will affect existing MSW landfills that 
commenced construction, reconstruction or modification prior to May 30, 
1991 and have not been modified or reconstructed on or after that date. 
Affected landfills also have accepted waste since November 8, 1987 or 
have capacity for future waste deposition. The MSW landfills Federal 
plan will apply 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

[[Page 69366]]

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 the 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 will be 30 days after the final 
Federal plan is published in the Federal Register.
    The EPA may grant a State a time extension for submitting a State 
plan (40 CFR 60.27(a)). However, if States that receive time extensions 
do not have approved and effective plans by the effective date of this 
Federal plan, the Federal plan will cover existing MSW landfills in 
these States.

C. MSW Landfills Federal Plan and Negative Declaration Letters

    A negative declaration is a letter to EPA to declare 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 (m3) 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 m3 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, which is the only 
requirement for an MSW landfill of this size. The negative declaration 
letter must include the design capacity for the landfills with a design 
capacity less than 2.5 million Mg or 2.5 million m3. 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. 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 will be subject to the Federal plan 
until a State or Tribal plan that includes these sources is approved 
and effective. As discussed in section I.E. of this preamble, the 
Federal plan will apply throughout Indian country until an approved 
State or Tribal plan becomes effective. As discussed in section I.G. of 
this preamble, the Federal plan will, by its own terms, no longer apply 
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 32744). 
Existing MSW landfills that make operational changes without increasing 
the horizontal or vertical dimensions of the landfill will 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 landfills emission guidelines and NSPS, which are 
consistent with the landfill litigation settlement agreement (63 FR 
32743, June 16, 1998). A notice of the proposed settlement was 
published in the Federal Register on November 13, 1997 (63 FR 60898). 
In addition, a MSW landfill that has been reconstructed on or after May 
30, 1991 would 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 5 in section II.E lists the addresses of the EPA 
Regional Administrators and the States located in each region.

F. MSW Landfills Federal Plan and Indian Country

    The MSW landfills Federal plan will apply throughout Indian country 
to ensure that there is not a regulatory gap for existing MSW landfills 
in Indian country. Indian tribes do, however, 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). 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 Sec. 49.3 of part 49 of the CFR 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 Sec. 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.

[[Page 69367]]

    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 not feasible. The Agency's interpretation of its 
authority to directly implement Clean Air Act programs in Indian county 
is discussed in more detail in the proposed Federal Operating Permits 
Rule, 62 FR 13747 (March 21, 1997), 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 requirement this Federal plan will impose is to submit a design 
capacity report. This requirement is discussed in section V of this 
preamble.
    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 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 proposed Federal Operating Permits 
Rule cited above where the rationale is discussed in detail. The EPA 
requests comments on applying the landfills Federal plan in Indian 
country as described here.
    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 proposed 
Federal Operating Permits Program rule (62 FR 13747, March 21, 1997).

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 is also required to be submitted within the same time period 
if the landfill has a design capacity of 2.5 million megagrams (Mg) and 
2.5 million cubic meters (m3) or more. The emission 
guidelines 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 m3 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 which are not specifically defined in the 
emission guidelines. (See the discussion in section II.E of this 
preamble.)

H. MSW Landfills Excluded From Federal Plan Applicability

    The MSW landfills Federal plan will not apply to landfills 
appropriately covered by an approved and effective State or Tribal plan 
or to landfills in a State 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 m3. If a State or Tribal plan 
becomes effective before promulgation of the Federal plan, the 
promulgated MSW landfills 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 
promulgation of the MSW landfills Federal plan, EPA will review and 
approve or disapprove the plan. Upon the effective date of the State or 
Tribal plan, the Federal plan will no longer apply. 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: 
Colorado, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, 
Nebraska, New Mexico, North Dakota, Ohio, Oregon, Utah and Wyoming. The 
MSW landfills covered in those State plans would not be affected by the 
MSW landfills Federal plan. (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.) Other States 
are making significant progress on their State plans and EPA expects 
many State plans to be submitted in the next few months. (The EPA is 
not aware of any Indian tribes that are developing Tribal plans.) Table 
1 summarizes the status of States without approved and effective State 
plans and those which have submitted negative declarations as of July 
24, 1998. The table is based on information from EPA Regional Offices 
(A-98-03, II-I-3). Copies of Federal Register notices of approvals, 
extensions, and negative declaration letters are located in docket A-
98-03.

[[Page 69368]]



       Table 1.--Status of States Without an Approved State Plan 1
------------------------------------------------------------------------
                                  State
-------------------------------------------------------------------------
I. Negative declaration submitted to EPA and no State plan is expected.
 (See discussion in section I.G of this preamble.)
    Region I:
        New Hampshire
        Rhode Island
        Vermont
    Region III:
        District of Columbia
        Philadelphia, PA
II. Time extensions granted for State plan submittals (62 FR 64830 and
 63 FR 27959). The EPA anticipates that these plans will be submitted
 and existing landfills in these States would not be covered by the
 Federal plan. However, if the State plan is not approved and effective
 before the effective date of the Federal plan, the Federal plan will
 apply to landfills in such States:
    Region II:
        New York (7/5/98)
    Region IV:
        Hamilton County (Chattanooga) Tennessee (7/31/98)
        Kentucky (2/15/98)
        North Carolina (7/1/98)
        South Carolina (1/15/98)
        Tennessee, except Chattanooga and Nashville (12/31/97)
    Region V:
        Illinois (7/31/98)
    Region VI:
        Arkansas (7/31/98)
        Oklahoma (7/31/98)
        Texas (7/31/98)
    Region X:
        Alaska (12/31/97)
        Idaho (12/31/97)
        Washington (5/31/98)
III. 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 II:
        Puerto Rico
    Region III:
        Allegheny County, PA
        Delaware
        Pennsylvania
        West Virginia
    Region IV:
        Alabama
        Georgia
        Nashville, Tennessee
    Region V:
        Indiana
    Region VIII:
        South Dakota
    Region IX:
        Arizona
        California
        Nevada
IV. 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:

[[Page 69369]]

 
    Region I:
        Connecticut
        Maine
        Massachusetts
    Region II:
        New Jersey
        Virgin Islands
    Region III:
        Maryland
        Virginia
    Region IV:
        Florida
        Mississippi
    Region V:
        Michigan
        Wisconsin
    Region VI:
        Albuquerque, New Mexico
    Region IX:
        American Samoa
        Guam
        Hawaii
        Northern Mariana Islands
------------------------------------------------------------------------
\1\ Status as of July 24, 1998.

    To clarify which MSW landfills will and will not be covered by the 
Federal plan, table 1 of subpart GGG lists States and Indian tribes 
that have approved effective plans as of July 24, 1998 that cover MSW 
landfills in the State or Indian country. MSW landfills not 
appropriately covered by an effective plan will be 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 would be subject to the Federal plan. 
As stated above, EPA expects additional State plans to become effective 
prior to promulgation of this Federal plan. The promulgated Federal 
plan will list in table 1 of subpart GGG, States for which an approved 
and effective State plan applies. 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 or 2.5 million m3 located in a State 
that submitted a negative declaration will be 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 TIN Web at http:/www.epa.gov/ttn/oarpg. The list 
will help landfill owners or operators determine whether their landfill 
is affected by a State 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 2.

   Table 2.--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,
 John F. Kennedy Federal Bldg.,
 Boston, MA 02203-0001............     [phone]     [phone]
Region II (NJ, NY, PR, VI)
    Christine DeRosa, U.S. EPA/
     25th Floor 290 Broadway, New
     York, NY 10007-1866..........     [phone]     [phone]
Region III (DC, DE, MD, PA, VA,
 WV)
    James B. Topsale, U.S. EPA/
     Region 3, 1650 Arch Street,
     Philadelphia, PA 19103-2029..     [phone]     [phone]
Region IV (AL, FL, GA, KY, MS, NC,
 SC, TN)
    Scott Davis, U.S. EPA/APTMD 61
     Forsyth Street, SW, Atlanta,
     GA 30303.....................     [phone]     [phone]
Region V (IL, IN, MI, MN, OH, WI)
    Charles Hatten U.S. EPA, 77 W.
     Jackson Blvd., Chicago, IL
     60604........................     [phone]     [phone]
Region VI (AR, LA, NM, OK, TX)
    Mick Cote, U.S. EPA, 1445 Ross
     Ave., Suite 1200, Dallas, TX
     75202-2733...................     [phone]     [phone]
Region VII (IA, KS, MO, NE)
    Ward Burns, U.S. EPA/RME, 726
     Minnesota Ave./ARTDAPCO,
     Kansas City, KS 66101-2728...     [phone]     [phone]
Region VIII (CO, MT, ND, SD, UT,
 WY)
    Martin Hestmark, U.S. EPA/8ENF-
     T, 999 18th Street, Suite
     500, Denver, CO 80202-2466...     [phone]     [phone]
Region IX (AS, AZ, CA, GU, HI,
 NMI, NV)
    Patricia Bowlin, U.S. EPA/RM
     HAW/17211, 75 Hawthorne
     Street/AIR-4, San Francisco,
     CA 94105.....................     [phone]     [phone]
Region X (AK, ID, OR, WA)
    Catherine Woo, U.S. EPA, 1200
     Sixth Ave., Seattle, WA 98101     [phone]     [phone]
------------------------------------------------------------------------


[[Page 69370]]

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 proposed for areas where 
State plans are not yet in effect, the proposed 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 record keeping 
requirements, (8) public hearing requirements, and (9) progress 
reporting requirements. Table 3 identifies each element and indicates 
where it is located or codified. In this section, each State plan 
element is described as it relates to the proposed MSW landfills 
Federal plan.

                Table 3.--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
                                          this preamble.
2. Inventory of affected facilities....  Docket A-98-03, item II-B-2.
3. Emission inventory..................  Docket A-98-03, item II-B-2.
4. Emission limits.....................  40 CFR 62.14353 of subpart GGG.
5. Compliance schedules................  40 CFR 62.14356 of subpart GGG.
6. Process for review of site-specific   Section II.F of this preamble.
 gas collection and control system
 design plans.
7. Testing, monitoring, reporting and    40 CFR 62.14354 and 62.14355 of
 record keeping requirements.             subpart GGG.
8. Public hearing requirements.........  Section II.H of this preamble.
9. Progress reports....................  Section II.H of this preamble.
------------------------------------------------------------------------

A. Legal Authority and Mechanism for Implementation

    As a required element, a State or Tribal plan must demonstrate that 
the State or Indian tribe has the legal authority to adopt and 
implement the emission requirements and compliance schedules in the 
plan. The State or Tribe also must identify the enforceable mechanism 
for implementing the emission guidelines (e.g., a State or Tribal rule 
or other enforcement mechanism).
    The EPA's authority to develop a Federal plan is given in the Act. 
Section 301(a) of the Act authorizes EPA to prescribe regulations to 
carry out EPA functions under the Act. Section 111(d) of the Act 
authorizes the EPA to develop a Federal plan for States that do not 
submit approvable State 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. Further, section 301(d)(1) specifically 
authorizes EPA to treat Indian tribes as States. Section 301(d)(2) 
directs EPA to promulgate regulations specifying those provisions of 
the Act for which it is appropriate to treat Indian tribes as States. 
Those regulations, known as the Tribal Authority Rule (TAR), were 
promulgated at 63 FR 7254 and became effective on March 16, 1998. In 
the TAR, EPA determined that it is appropriate to treat Indian tribes 
as States for purposes of developing and submitting a MSW landfill 
plan. (See section 49.3 of the TAR, 63 FR 7254.) 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 not feasible. Thus, for Indian tribes that do not have 
an approved and effective MSW landfill Tribal plan, EPA must develop, 
implement and enforce a Federal plan for them. The Agency's 
interpretation of its authority to directly implement Clean Air Act 
programs in Indian country is discussed in more detail in the proposed 
Federal Operating Permits Rule, 62 FR 13747 (March 21, 1997), and in 
the Tribal Authority Rule.
    By proposing this MSW landfills Federal plan, EPA is fulfilling its 
obligation under the Act to establish emission limits and other 
requirements for MSW landfills located in States for which an 
approvable plan has not been submitted. The EPA is also fulfilling its 
obligations regarding MSW landfills in Indian country for which an 
approvable Tribal plan has not been submitted. The EPA is proposing a 
Federal regulation under the legal authority of the Act as the 
mechanism to implement the emission guidelines in those States and 
Indian country. As discussed in section III of this document, 
implementation and enforcement of the Federal rule may, however, be 
delegated to Tribal, State and local agencies when requested by a 
State, Tribal or local agency, and when it is determined appropriate by 
EPA. Furthermore, EPA encourages and expects several more States to 
submit State plans in the future. Upon the effective date of a State or 
Tribal plan, the Federal plan would no longer apply to MSW landfills 
covered by that State or Tribal plan.

B. Inventory of Affected MSW Landfills

    As a required element, a State or Tribal plan must include a 
complete source inventory of MSW landfills subject to the emission 
guidelines. Consistent with the requirement for State plans to include 
an inventory of MSW landfills, docket number A-98-03 contains a July 
24, 1998 inventory of MSW landfills expected to be covered by the MSW 
landfills Federal plan. The inventory does not include a separate 
listing of landfills in Indian country because, at this time, EPA does 
not have an accurate inventory of landfills in Indian country or their 
emissions. This information will become available when Indian Tribes 
submit design capacity reports for their existing MSW landfills as 
required by this Federal plan. The inventory is contained in a

[[Page 69371]]

memorandum entitled ``Procedures Used in Preparing an Inventory of MSW 
Landfills and Emissions for the Emission Guidelines Federal Plan'' (A-
98-03, II-B-2). The supporting references cited in the memo are also 
included in the docket. Docket item II-B-2 fulfills both the MSW 
landfills inventory requirement and the landfills emission inventory 
requirement, which will be discussed in the following section. The 
inventory is based on EPA Office of Solid Waste (OSW) surveys and 
recent information from Regional Offices. This is the best information 
EPA has to rely on; however, EPA recognizes that there is a very large 
number of existing landfills and this list may not be comprehensive. If 
there are additional landfills that meet the applicability criteria as 
described under the Regulated Entities section, but are not identified 
in the inventory, the Federal plan would apply to them. (See section 
I.B. of this preamble and Sec. 62.14352 of subpart GGG for 
applicability criteria.) If better information is available, EPA 
requests that it be submitted during the comment period.

C. Inventory of Emissions

    As a required element, a State or Tribal plan must include an 
inventory of NMOC emissions from MSW landfills subject to the emission 
guidelines. The EPA estimated the NMOC emissions from the inventory (A-
98-03, II-B-2) of existing MSW landfills that are expected to be 
covered by the Federal plan as of July 24, 1998. Table 4 of this 
preamble summarizes the results of the inventory for those States that 
do not have an approved or effective State plan or have not been 
granted an extension for State plan submittal. The inventory also 
includes landfills in those States whose extension date is before July 
24, 1998, but do not have an approved State plan after the extension 
date has passed. Pollutant emissions are expressed in megagrams NMOC 
per year (Mg/yr). The EPA estimated emissions from MSW landfills using 
calculation procedures listed in the ``Compilation of Air Pollutant 
Emission Factors,'' (AP-42). Refer to the memorandum in docket number 
A-98-03 for the complete emissions inventory, including detailed 
emissions from MSW landfills in each State, and details on the 
calculations used to determine those emissions.

     Table 4.--Summary of Estimated NMOC Emissions From Existing MSW
          Landfills Expected To Be Covered by the Federal Plan
------------------------------------------------------------------------
                                                       Annual emissions
               Region/State/Municipal                  NMOC  (megagrams/
                                                             year)
------------------------------------------------------------------------
Region I:
    Connecticut.....................................                1056
    Maine...........................................                3410
    Massachusetts...................................                2960
Region II:
    New Jersey......................................                2978
    New York........................................               13044
    Puerto Rico.....................................               10565
    Virgin Islands..................................                   5
Region III:
    Delaware........................................                1336
    Pennsylvania a..................................                3771
    Maryland........................................                2765
    Virginia........................................                7136
    West Virginia...................................                1932
Region IV:
    Alabama.........................................                2772
    Florida.........................................                7287
    Georgia.........................................                4536
    Kentucky........................................                4566
    Mississippi.....................................                2240
    North Carolina..................................                3624
    South Carolina..................................                1758
    Tennessee b.....................................                5558
    Nashville, TN...................................                 104
Region V:
    Indiana.........................................                1800
    Michigan........................................                2199
    Wisconsin.......................................               14206
Region VI:
    Albuquerque, NM.................................                   5
Region VIII:
    South Dakota....................................                2461
Region IX:
    American Samoa..................................                  39
    Arizona.........................................                1556
    California......................................                9365
    Guam............................................                  39
    Hawaii..........................................                 364
    Nevada..........................................                2631
    Northern Mariana Islands........................                   0
Region X:
    Alaska..........................................                4323
    Idaho...........................................                1267

[[Page 69372]]

 
    Washington......................................               4085
------------------------------------------------------------------------
a Does not include Allegheny County or Philadelphia.
b Does not include Hamilton County (Chattanooga).

D. Emission Limits

    As a required element, a State or Tribal plan must include emission 
limits. Section 60.24(c) of 40 CFR part 60 requires these emission 
limits to be ``no less stringent'' than those in the emission 
guidelines. On a case-by-case basis, a State may provide a less 
stringent standard if the State demonstrates to EPA that the criteria 
in Sec. 60.24(f) are met and EPA approves the less stringent standard. 
In accordance with 40 CFR 60.27(e), the emission limits in the MSW 
landfills Federal plan are the same as 40 CFR part 60, subpart Cc.
    The emission limits for NMOC can be achieved by installing a gas 
collection and control system meeting the requirements of 40 CFR 
60.752(b)(2)(ii). This includes a collection system meeting specified 
general design criteria and a control system achieving the specified 98 
percent reduction or 20 parts per million volume (ppmv) outlet 
concentration. An MSW landfill owner or operator may use any specific 
collection system design and control equipment to comply with the MSW 
landfills Federal plan, as long as the general criteria for the 
collection system and the numerical emission control limits for NMOC 
are met.
    The proposed MSW landfill Federal plan is consistent with the June 
16, 1998 (63 FR 32743) amendments to the MSW landfills emission 
guidelines (subpart Cc). The amendments clarify the March 12, 1996, 
subpart Cc rule.

E. Compliance Schedules and Increments of Progress

    As a required element, a State or Tribal plan must include 
compliance schedules for installing collection and control systems to 
comply with the emission guidelines. Because this MSW landfills Federal 
plan is being implemented in lieu of State plans, its compliance 
schedule includes the same increments of progress as required in a 
State or Tribal plan. The Federal plan increments of progress are 
consistent with the requirements in 40 CFR 60.24 of subpart B. These 
increments of progress are required for any compliance schedules that 
are longer than 12 months. The increments of progress in the Federal 
plan (and in any approved State or Tribal plan) are the primary 
mechanism for ensuring progress toward final compliance with the 
emission guidelines. Each increment of progress has a specified date 
for achievement.
    If the compliance schedule in the State or Tribal plan is less 
stringent than the compliance schedule in this Federal plan, the 
compliance schedule in the promulgated Federal plan would continue to 
apply to a landfill after EPA approves a State plan covering the 
landfill. The exception to this provision would be if the State or 
Tribe has met the requirement of Sec. 60.24(f) for a less stringent 
compliance schedule and has received approval by EPA for such a 
schedule. In any case, the Federal plan provides options for States, 
Tribes, and owners or operators to establish dates to award contracts 
and begin construction. These options are described below.
    This proposed Federal plan includes the five increments of progress 
required by subpart B and provides three options to establish the 
increment dates. Under all three options, the five increment dates are 
defined and are enforceable. The Federal plan could function with only 
one option, but in order to provide maximum flexibility, this proposal 
includes three options. The EPA requests comments on each of the 
options and on the desirability of including these multiple options in 
the final Federal plan. Based on comments received, the final Federal 
plan will include one, two, or three options. All three options are 
discussed in more detail following the definitions for the increments 
of progress as listed below.
1. Increments of progress
    The mandatory increments of progress are:
    1. Submitting a final control plan (design plan);
    2. Awarding contracts for control systems or orders for purchase of 
components;
    3. Beginning on-site construction or installation of the air 
pollution control device(s);
    4. Completing on-site construction or installation of the air 
pollution control device(s); and
    5. Reaching final compliance.
    The MSW landfill owner or operator is responsible for meeting each 
of these five increments of progress for the landfill no later than the 
applicable compliance date. The MSW landfill owner or operator must 
notify EPA as each increment of progress is achieved (or missed). The 
notification must identify the increment and the date the increment was 
met or missed. For an increment achieved after the specified deadline, 
in addition to providing notification that the increment was initially 
missed, the MSW landfill owner or operator must also provide a 
notification identifying the increment and the date the increment was 
ultimately achieved. The owner or operator must mail the notification 
to the appropriate EPA Regional Office, post-marked within 10 business 
days of the increment date defined in the Federal plan. (Table 5 lists 
the addresses of the Regional Administrators and the States in their 
region.) Descriptions of the increments of progress follow.

                  Table 5.--EPA Regional Administrators
------------------------------------------------------------------------
            Regional contact                  State or protectorate
------------------------------------------------------------------------
EPA Region I, One Congress Street, John  CT, MA, ME, NH, RI, VT
 F. Kennedy Federal Bldg., Boston, MA
 02203-0001.
EPA Region II, 290 Broadway, New York,   NJ, NY, PR, VI
 NY 10007-1866.
EPA Region III, 1650 Arch Street,        DC, DE, MD, PA, VA, WV
 Philadelphia, PA 19106.
EPA Region IV, 61 Forsyth Street, SW,    AL, FL, GA, KY, MS, NC, SC, TN
 Atlanta, GA 30303.

[[Page 69373]]

 
EPA Region V, 77 W. Jackson Blvd.,       IL, IN, MI, MN, OH, WI
 Chicago, IL 60604-3507.
EPA Region VI, Fountain Place, 12th      AR, LA, NM, OK, TX
 Floor, Suite 1200, 1445 Ross Avenue,
 Dallas, TX 75202-2733.
EPA Region VII, 726 Minnesota Avenue,    IA, KS, MO, NE
 Kansas City, KS 66101.
EPA Region VIII, 999 18th Street, Suite  CO, MT, ND, SD, UT, WY
 500, 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,         AK, ID, OR, WA
 Seattle, WA 98101.
------------------------------------------------------------------------

    Submit a final control plan (design plan). To meet this increment, 
the MSW landfill owner or operator must submit 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 the 
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, 
record keeping 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 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. These requirements are discussed in section V ``Summary of 
Federal Plan,'' and in the Federal plan regulation (40 CFR part 62, 
subpart GGG). The final control plan also must include the same 
information that will be used to solicit bids to install the collection 
and control system.
    Award contract. Awarding contract means the MSW landfill owner or 
operator must enter 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 EPA 
anticipates that the MSW landfill owner or operator may award a number 
of contracts to install the collection and control system. However, to 
meet this increment of progress, the MSW landfill owner or operator 
must award a contract or contracts sufficient to initiate on-site 
construction or installation of the collection and control system. The 
MSW landfill owner or operator must mail a copy of the signed 
contract(s) to EPA within 10 business days of entering into the 
contract(s).
    Initiate on-site construction. Initiation of on-site construction 
or installation of the collection and control system 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.
    Complete on-site construction. To complete on-site construction 
means that all necessary collection system components and air pollution 
control devices identified in the final control plan are in place, on 
site, and ready for operation.
    Final compliance. To be in final compliance means to connect and 
operate the collection and control system specified in the final 
control plan as designed. Within 180 days after the date the landfill 
is required to achieve final compliance, the initial performance test 
must be conducted.
2. Summary of Three Options for Determining Schedule Increment Dates
    The proposed MSW landfills Federal plan includes three options for 
establishing the increment dates. The compliance schedule for 
facilities affected by this Federal plan could be established by option 
1 (generic compliance schedule proposed by EPA), option 2 (facility-
specific schedule consistent with the State or Tribal plan that has 
been submitted to EPA by the State or Tribe but not yet approved and/or 
effective), or option 3 (facility-specific schedule submitted to EPA by 
the owner or operator of the landfill or the State or Tribe). Under all 
three options, the five increment dates would be defined and are 
enforceable.
    In cases where options 2 or 3 have not been exercised, the owner or 
operator of an affected facility would be subject to option 1 (generic 
schedule). However, if the State or Tribe, or the landfill owner or 
operator submits a schedule that EPA approves (options 2 or 3), the 
owner or operator will be subject to that alternative schedule. Under 
option 2, States or Tribes may submit increment schedules to EPA prior 
to the end of the comment period for this proposal February 16, 1999. 
The EPA will review the schedules and incorporate them into the Federal 
plan if they fulfill the requirements of 40 CFR 60.24. Under option 3, 
a landfill owner or operator, the State, or a Tribe may submit a 
schedule to EPA by the time the final control plan is due under the 
option 1 generic compliance schedule (i.e., within 1 year after the 
first annual emission rate report shows NMOC emission  50 Mg 
per year). Because the option 3 schedules would be submitted after 
promulgation of the Federal plan, EPA will review the schedules, 
determine if they are acceptable, and if appropriate, periodically 
amend the Federal plan to incorporate the schedules. Each of the 
options is discussed in detail below.
    Option 1. Generic compliance schedule. Option 1 is the generic 
default alternative. For MSW landfills covered by the Federal plan for 
which States or Tribes have not submitted plans or compliance 
schedules, EPA is proposing a generic compliance schedule and 
increments of progress. Option 1 is necessary to establish a baseline 
where neither option 2 nor option 3 is exercised. The generic schedule 
applies to existing MSW landfills that are located in States or in 
Indian country and that are not subject to a site-specific compliance 
schedule that is either approved by EPA as part of a State or Tribal 
plan or incorporated into the promulgated MSW landfills Federal plan.
    Consistent with the emission guidelines, the proposed Federal plan 
requires owners or operators of existing MSW landfills with design 
capacities equal to or greater than 2.5 million Mg and 2.5 million 
m3 to install collection and control systems if their NMOC

[[Page 69374]]

emission rate is 50 Mg per year or more. Owners or operators of MSW 
landfills subject to the Federal plan will be required to submit a 
design capacity report within 90 days after the effective date of the 
Federal plan. If the design capacity is equal to or greater than 2.5 
million Mg and 2.5 million m3, the first annual NMOC 
emission rate report must also be submitted within 90 days after the 
effective date of the Federal plan. If the first emission rate report 
shows that NMOC emissions equal or exceed 50 Mg per year, the owner or 
operator must begin following the increments of progress to install the 
required collection and control system.
    If the first NMOC emission rate report shows emissions less than 50 
Mg per year, then the owner or operator must recalculate NMOC emissions 
annually and submit annual NMOC emission rate reports unless the MSW 
landfill is closed. (See 40 CFR 60.757(b)(1)(ii) for conditions under 
which 5-year reports rather than annual reports may be submitted.) If 
emissions increase to 50 Mg per year or more, the MSW landfill will be 
required to install a collection and control system. Therefore, the 
generic schedule for the increments of progress starts with the date of 
the first annual emission rate report that shows NMOC emissions equal 
or exceed 50 Mg per year.
    For existing MSW landfills subject to the option 1 generic 
compliance schedule, EPA is proposing the following increments of 
progress:
    1. Submit final control plan (design plan)--1 year after first 
annual emission rate report showing NMOC emissions 50 Mg per 
year.
    2. Award contract--20 months after first annual emission rate 
report showing NMOC emissions 50 Mg per year.
    3. Initiate on-site construction--24 months after first annual 
emission rate report showing NMOC emissions 50 Mg per year.
    4. Complete on-site construction--30 months after first annual 
emission rate report showing NMOC emissions 50 Mg per year.
    5. Final compliance--30 months after first annual emission rate 
report showing NMOC emissions 50 Mg per year. Note that the 
initial performance test to demonstrate compliance must be conducted 
within 180 days after the date the landfill is required to achieve 
final compliance.
    The date for the first increment (final control plan) is 
established in the emission guidelines (subpart Cc). This same date is 
proposed for the Federal plan because State, Tribal, and Federal plan 
compliance schedules are required to be as stringent as the emission 
guidelines. The date for the fourth and fifth increments (complete on-
site construction and final compliance) is also established by the 
emission guidelines.
    The EPA selected the proposed dates for the middle two increments 
(awarding contract and initiating on-site construction) to allow a 
reasonable period of time for MSW landfills to complete these 
activities. These increments of progress are required by 40 CFR 60.24, 
but dates are not specified in the emission guidelines. The EPA 
reviewed schedules in State plans to ensure that this proposed schedule 
is generally consistent with State plan schedules. (The EPA's review of 
State plan schedules is documented in docket A-98-03, item II-A-1). The 
date for awarding contracts is 20 months after the first annual NMOC 
emission rate report showing NMOC emissions greater than or equal to 50 
Mg per year, which is 8 months after the design plan is due. This 8-
month time frame will allow adequate time for the regulatory agency to 
review and approve the design plan and for the MSW landfill owner or 
operator to solicit bids based on the design plan and award the 
contract(s).
    The date for initiating on-site construction is 24 months after the 
first annual emission report showing NMOC emissions greater than or 
equal to 50 Mg per year is due (4 months after contract award). This 4-
month period allows time for the contractor to mobilize and obtain 
materials necessary to begin construction. A later date would not be 
practical because the date for completing on-site construction and 
final compliance is 30 months after the first annual emission rate 
report showing NMOC emissions greater than or equal to 50 Mg per year. 
If construction is not initiated by 24 months after the first annual 
emission rate report showing NMOC emissions greater than or equal to 50 
Mg per year, it is very unlikely that the construction could be 
completed by the final compliance date. Some MSW landfills may want to 
initiate on-site construction earlier to assure that they can meet the 
final compliance date. The fourth increment, completion of on-site 
construction, will need to be completed by the final compliance date 
(increment 5) in order for the landfill to achieve compliance.
    Option 2. Site-specific compliance schedules submitted by States or 
Tribes. Under option 2, States or Tribes may submit to EPA increment 
dates as negotiated with landfill owners or operators before the end of 
the comment period for this proposal. Following EPA review and approval 
of these schedules, EPA will add them to the final Federal plan. The 
EPA is proposing to use the State's or Tribe's compliance schedule to 
assure that the Federal plan is consistent with State or Tribal plans 
that are approved after the Federal plan is promulgated. States or 
Tribes may have already negotiated a schedule with the affected MSW 
landfills, determined what control schedule is feasible given the 
current control level of the landfills and the site-specific 
considerations and constraints, held public hearings, and considered 
public comments; therefore, it is appropriate for the MSW landfills 
Federal plan schedule to be consistent with these schedules. Because 
this MSW landfills Federal plan is an interim action in many cases 
until State or Tribal plans are approved, it is appropriate for the MSW 
landfills Federal plan to be consistent with schedules submitted to EPA 
separately by the State or Tribe during the comment period. As of July 
24, 1998, EPA had not received compliance schedules that will be 
included in the Federal plan.
    Option 3. Site-specific compliance schedules submitted by landfill 
owners or operators or the State or Tribe. The third option for 
determining the compliance dates is for the landfill owner or operator, 
the State, or Tribe to submit a site-specific date for achieving 
increments 2 and 3 to EPA for approval. The dates for increment 1 
(submitting a final control plan) and increments 4 and 5 (completing 
on-site construction and achieving final compliance) would be the same 
as option 1. These dates are established in the emission guidelines 
(subpart Cc) and are the same dates proposed for the generic compliance 
schedule, in keeping with the requirement that the Federal plan be as 
stringent as the emission guidelines. There is more flexibility for 
landfill owners or operators or States or Tribes to set alternative 
deadlines for increments 2 and 3 because no deadlines are specified in 
the emission guidelines.
    The EPA recognizes that flexibility may be needed for increment 2 
(award contract) and increment 3 (start construction) given facility-
specific collection system considerations and constraints. Therefore, 
under option 3, EPA will accept facility-specific compliance schedules 
from MSW landfill owners or operators, the State, or Tribe.
    The State, Tribe, or the MSW landfill owner or operator (after 
consulting with the State or Tribe) will submit alternative dates for 
increments 2 and 3

[[Page 69375]]

and a justification to EPA at the time the final control plan is due. 
If the MSW landfill owner or operator is submitting the alternative 
dates for these increments, the owner or operator should also send a 
copy to the appropriate State or Tribe. The EPA is allowing alternative 
dates for increments 2 and 3 to provide flexibility to States, Tribes, 
or MSW landfill owners or operators, however, these alternative dates 
must not jeopardize final compliance of a MSW landfills with the 
requirements of the landfill Federal plan. The EPA will review the 
schedule and coordinate with the owner or operator or the State or 
Tribe. If EPA approves the revised schedule, EPA will add the schedule 
to the site-specific compliance schedule table (reserved) in subpart 
GGG as a technical amendment.
    Summary and Request for Comments. In summary, the proposed MSW 
landfills Federal plan includes three options for defining the five 
increment dates. The EPA is considering whether including anyone, some, 
or all of these options in the Federal plan maximizes flexibility and 
increases regulatory efficiency. The EPA specifically requests comments 
on each of the options discussed in this proposal, as well as comments 
on the desirability of including anyone, some, or all of the options in 
the final Federal plan.

F. Process for Review and Approval of Site-Specific Design Plans

    The emission guidelines require State plans to include a process 
for State review and approval of site-specific design plans for 
required gas collection and control systems (see 40 CFR 60.33c(b)). As 
previously discussed, if the existing MSW landfill has (1) a design 
capacity equal to or greater than 2.5 million Mg and 2.5 million m\3\, 
and (2) NMOC emissions equal to or exceeding 50 Mg/year, the landfill 
owner or operator must submit a site-specific design plan. For MSW 
landfills subject to the Federal plan, either the State, Tribe, or the 
EPA Regional Office will review the design plans. If the State or Tribe 
has been delegated authority to implement that aspect of the Federal 
plan, the State or Tribe will review the design plans. (See section III 
of this preamble for a discussion of Federal plan delegation.) If EPA 
has not delegated authority to the State or Tribe, the EPA Regional 
Office will review the design plans.
    The EPA intends to review design plans as expeditiously as possible 
so that there is sufficient time after approval of the plans for the 
landfills to install controls prior to the compliance date. The EPA 
will initially review the design plans for completeness and the source 
will be notified if any items are missing. The EPA will then review the 
plans for acceptability, and, once that review is completed, EPA will 
notify the source and the State or Tribe in writing of the 
acceptability of the plan. If the plan is not acceptable, the source 
will be given an appropriate amount of time to make the necessary 
changes; however, the date by which a gas collection and control system 
must be completed and in compliance remains unchanged, i.e., 30 months 
after the emission rate report first shows NMOC emissions greater than 
or equal to 50 Mg/yr.

G. Testing, Monitoring, Recordkeeping, and Reporting

    As a required element of a State plan, a State must include the 
testing procedures in 40 CFR 60.34c and the recordkeeping and reporting 
requirements listed in 40 CFR 60.35c. The proposed MSW landfills 
Federal plan requires the same provisions for test methods, monitoring, 
recordkeeping and reporting (see 40 CFR 62.14354 and 62.14355).

H. Record of Public Hearings

    As a required element of a State plan, a State must include 
opportunity for public participation in developing, adopting, and 
implementing the State plan (40 CFR 60.23(c)). For this MSW landfills 
Federal plan, a public hearing will be held in each EPA region in which 
a landfill is located that would be covered by the proposed Federal 
plan, if individuals request to speak. (See the DATES section of this 
preamble.) The hearing record will appear in the docket. Written public 
comments also are solicited. (See the ADDRESSES section of this 
document.) The EPA will review and consider the oral and written 
comments in developing the final Federal plan.

I. Progress Reports

    As a required element of a State plan, a State must submit annual 
reports on progress in the implementation of the emission guidelines to 
EPA. Emissions data would be reported to the Aerometric Emissions 
Information Retrieval System Facility Subsystem as specified in 40 CFR 
part 60, appendix D.
    If a State or Tribe has been delegated authority to implement and 
enforce this Federal plan, the State or Tribe will submit annual 
progress reports to EPA, as required by 40 CFR 60.25(f). These reports 
must be combined with the State Implementation Plan report required by 
40 CFR 51.321 in order to avoid duplicative reporting. Each progress 
report should include status on compliance, enforcement actions and 
increments of progress, identification of sources that have ceased 
operation or started operation, updated emission inventory information, 
and copies of technical reports on any performance testing and 
monitoring. For MSW landfills in States or in Indian Country where 
authority has not been delegated, EPA intends to prepare annual 
reports.

III. Implementation of Federal Plan and Delegation

    The EPA has designed the landfills Federal plan to facilitate the 
transfer of authority from EPA to States, Tribes, and local agencies. 
For example, the EPA has encouraged States and Tribes with landfills 
that will be subject to the Federal plan to help determine compliance 
schedules that would apply to their landfills. These schedules may be 
included in the Federal plan and will provide a more seamless 
transition to a State or Tribal plan once a State or Tribal plan is 
submitted and approved.

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 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(c) for State Implementation Plans. The section 110(c) 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

[[Page 69376]]

promulgate a Federal plan for States that fail to submit approvable 
State plans in time. Accordingly, EPA has strongly encouraged the 
States to submit approvable State plans on time, and for those States 
that are unable to submit approvable State plans on time, 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 these agencies have 
appropriate enforcement resources and other practical advantages to 
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 has 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.E 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 would 
set forth the terms and conditions of the delegation including the 
effective date of the agreement and 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 would, 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 
(c)NMOC or site-specific methane generation rate constant 
(k) 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 record keeping.

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 EPA 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, Tribal, or local 
agencies to perform certain implementation responsibilities for this 
Federal plan to the extent appropriate and if 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 subject to the Federal plan, the State, Tribal 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. 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 would be 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 will no longer apply to landfills covered by the State or 
Tribal plan and the State, Tribal 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, and therefore, are not subject to the Federal plan.) 
Making the State or Tribal plan effective in this manner expedites a 
State's or Tribe's

[[Page 69377]]

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 process for review of site-specific gas 
collection and control system design plans, administration and 
oversight of compliance reporting and record keeping 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.

IV. 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 m3 must have a title V operating 
permit. Existing landfills with design capacities less than 2.5 million 
megagrams or 2.5 million m3 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 
m3 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 which are not currently subject to title V 
because their design capacity is less than 2.5 million Mg or 2.5 
million m3 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 m3. The 
circumstances under which this could occur would be if the increase in 
design capacity is a change that is not a modification (e.g., 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 would need to 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 within 12 months 
of the date that the amended design capacity reports are required to be 
submitted. Existing MSW landfills that increase the permitted design 
capacity (via 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 through modification or reconstruction, will not 
be subject to the landfills Federal plan, but rather will become 
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).

V. Summary of Federal Plan

    The proposed MSW landfills Federal rule (40 CFR part 62, subpart 
GGG) which will implement this Federal plan includes applicability 
criteria, emission standards, design criteria, monitoring and 
performance testing requirements,

[[Page 69378]]

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 amended in 1998. The requirements are 
summarized in this section.

A. Applicability

    The MSW landfills Federal plan will apply to existing landfills 
that are not covered by an EPA approved and currently effective State 
or Tribal plan. The MSW landfills Federal plan will not initially apply 
to existing MSW landfills located in a State that has been granted an 
extension of time to submit a State plan, if the extension has not 
expired. The MSW landfills Federal plan will apply to any existing MSW 
landfill located in a State or portion of Indian country that has 
submitted a negative declaration if the landfill otherwise meets the 
applicability criteria of the Federal plan. An existing MSW landfill is 
a landfill that commenced construction, reconstruction, or modification 
prior to May 30, 1991 and has not been modified or reconstructed since 
May 30, 1991 and has accepted waste since November 8, 1987 or has 
capacity for future waste deposition. A MSW landfill that has been 
modified on or after May 30, 1991 or that has been reconstructed on or 
after that date is subject to the landfill NSPS rather than to this 
Federal plan for existing landfills. (A modification is an increase in 
permitted volumetric design capacity by either vertical or horizontal 
expansion.)
    The MSW landfills Federal plan will require MSW landfills having 
design capacities below 2.5 million Mg or 2.5 million m3 to 
submit a design capacity report. MSW landfills having design capacities 
greater than or equal to 2.5 million Mg and 2.5 million m3 
are subject to the requirement for a design capacity report as well as 
to additional provisions of the rule. In particular, the rule will 
require the periodic calculation of the annual NMOC emission rate at 
these landfills. Those landfills that emit 50 Mg/year or more of NMOC 
will be required to install collection and control systems.
    The rule provides a tier system for calculating whether the NMOC 
emission rate is less than, equal to, or greater than 50 Mg/year, using 
a first order decomposition rate equation. The tier system does not 
need to be used to model the emission rate if an owner or operator has 
or intends to install controls that will achieve compliance.

B. Control Requirements

    The proposed MSW landfills Federal plan will require the 
installation and operation of a well-designed and well-operated 
collection and control system. A collection system at a minimum would:
    1. Be capable of handling the maximum expected gas generation rate;
    2. Be able to collect gas effectively from all areas of the 
landfill that warrant control; and
    3. Minimize off-site migration of subsurface gas. General design 
criteria are specified in the rule. Over time, new areas of the 
landfill will require control, so collection systems should be designed 
to allow expansion by the addition of further collection system 
components to collect gas, or separate collections systems will need to 
be installed as the new areas require control.
    The collection system must route collected gas to a 98-percent 
efficient control device. If a flare is used, it must meet design and 
operating specifications. If an owner or operator uses an enclosed 
combustor, the device must achieve either 98-percent NMOC reduction or 
an outlet NMOC concentration of 20 ppmv or less. Alternatively, the 
collected gas may be treated for subsequent sale or use, provided that 
all emissions from any atmospheric vent from the treatment system are 
routed to a control device meeting either specification above. The use 
of energy recovery devices that meet the above requirements is 
encouraged.
    The Federal plan will require that three conditions be met prior to 
capping or removal of the collection and control system:
    1. The landfill must be permanently closed;
    2. The collection and control system must have been in continuous 
operation for a minimum of 15 years; and
    3. The annual uncontrolled NMOC emission rate of gas routed to the 
control device must be less than 50 Mg/year.

C. Monitoring and Compliance

    The proposed MSW landfills Federal plan includes operational 
requirements for collection and control systems, and monthly and 
quarterly monitoring to determine that the system is operating 
correctly. These include quarterly monitoring of surface methane 
concentration and monthly monitoring of gas collection system operating 
parameters. An initial performance test is required for most control 
devices. Open flares can meet design and operating requirements in lieu 
of conducting performance tests to determine percent reduction or 
outlet concentration. Specified control device operating parameters are 
monitored after the initial performance test to assure that the control 
devices continue to be operated well.

D. Reporting and Recordkeeping

    The proposed MSW landfills Federal plan includes reporting 
requirements that will require all existing MSW landfills except for 
those located in States that have submitted a negative declaration 
letter to submit an initial design capacity report. Initially, this is 
the only reporting requirement for MSW landfills with design capacities 
less than 2.5 million Mg or 2.5 million m3. An existing MSW 
landfill which submits an initial design capacity report showing a 
design capacity less than 2.5 million Mg or 2.5 million m3, 
but which subsequently increases its design capacity to be equal to or 
greater than 2.5 million Mg and 2.5 million m3 through a 
change that is not a modification (e.g., an increase in the compaction 
of waste where the rate of compaction can be increased without a permit 
modification) must submit an amended design capacity report within 90 
days. Such a landfill would then be subject to the same requirements 
described below for landfills with design capacities equal to or 
greater than 2.5 million Mg and 2.5 million m3. Existing MSW 
landfills that increase the permitted design capacity (via 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 
through modification or reconstruction, will no longer be subject to 
the landfill Federal plan, but rather will become subject to the NSPS.
    In addition to submitting design capacity reports, MSW landfills 
with capacities equal to or greater than 2.5 million Mg and 2.5 million 
m3 will also be required to submit annual NMOC emission rate 
reports until emissions equal or exceed 50 Mg/yr and a control system 
is installed or until the landfill closes. If a MSW landfill emits 50 
Mg/yr NMOC or more, a collection and control system design plan must be 
submitted. After the collection and control system is installed, annual 
compliance reports are required. Finally, closure reports and control 
system removal reports are required. The proposed MSW landfills Federal 
plan includes corresponding record keeping requirements.

VI. Administrative Requirements

    This section addresses the following administrative requirements: 
Docket,

[[Page 69379]]

Paperwork Reduction Act, Executive Orders 12866, 12875, 13045, and 
13084, Unfunded Mandates Reform Act, Regulatory Flexibility Act, and 
National Technology Transfer and Advancement Act. Since today's 
proposed 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 refer to the 
discussion of the administrative requirements contained in the preamble 
to the 1996 rule (61 FR 65404-65413, March 12, 1996).

A. Docket

    As discussed above, a docket has been prepared for this action 
pursuant to the procedural requirements of section 307(d) of the Act, 
42 U.S.C. 7607(d). Docket number A-88-09 contains the technical support 
for the March 12, 1996 emission guidelines. Additional technical 
support for this proposed rule is contained in docket A-98-03.

B. Paperwork Reduction Act

    The information collection requirements in this proposed 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 or by calling (202) 260-
2740. A copy may also be accessed on the Internet at http://
www.epa.gov/icr and in docket A-99-03, item II-F-1.
    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 affect approximately 3,459 MSW landfills in 36 
States, protectorates, and municipalities. 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 13,621 hours 
annually at a cost of $1,302,187 per year to meet the monitoring, 
record keeping, and reporting requirements. The estimated average 
annual burden, over the first 3 years, for the Agency is 5,958 hours at 
a cost of $245,562 (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.
    Please submit any comments on the Agency's need for this 
information, the accuracy of the provided burden estimates, and any 
suggested methods for minimizing respondent burden, including the use 
of automated collection techniques. Send comments on the ICR to the 
Director, Regulatory Information Division, Office of Policy, Planning 
and Evaluation, U.S. Environmental Protection Agency (2137), 401 M 
Street SW, Washington, DC 20460, and to the Office of Information and 
Regulatory Affairs, Officer of Management and Budget, 725 17th Street, 
NW, Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' 
Refer to ICR No. 1893.01 in any correspondence. Because OMB is required 
to make a decision concerning the ICR between 30 and 60 days after 
December 16, 1998, a comment to OMB is most likely to have its full 
effect if OMB receives it by January 15, 1999. The final rule will 
respond to any OMB or public comments on the information collection 
requirements contained in this proposal.

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 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 proposed 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 Order 12875

    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 a mandate on State, local or tribal 
governments. The Federal plan proposed today does not impose any 
additional costs or result in any additional control requirements above 
those previously considered during

[[Page 69380]]

promulgation of the 1996 guidelines. 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. Accordingly, the requirements of section 1(a) of 
Executive Order 12875 do not apply to this rule.

E. Executive Order 13045

    This proposed rule is not subject to E.O. 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because it does not involve decisions on 
environmental health risks or safety risk that may disproportionately 
affect children.

F. Executive Order 13084

    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 proposed 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 
requirement this Federal plan will impose is to report the design 
capacity of landfills in Indian country. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

G. Unfunded Mandates Act

    Under section 202 of the Unfunded Mandates Act of 1995 (``Unfunded 
Mandates Act''), signed into law on March 22, 1995, EPA must prepare a 
statement to accompany any rule where the estimated costs to State, 
local, or tribal governments, or to the private sector will be $100 
million or more in any 1 year. Section 203 requires EPA to establish a 
plan for informing and advising any small governments that may be 
significantly impacted by the rule. An unfunded mandates statement was 
prepared and published in the March 12, 1996 promulgation notice for 
the 1996 guidelines and standards (see 61 FR 9913 to 9918).
    The EPA has determined that the proposed 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 the Unfunded Mandates Act do 
not apply to this proposed rule.

H. Regulatory Flexibility Act

    Section 605 of the Regulatory Flexibility Act 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 proposed Federal plan 
would not establish any new requirements; therefore, pursuant to the 
provisions of 5 U.S.C. 605 (b), EPA certifies that this proposed 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. National Technology Transfer and Advancement Act

    Under section 12 of the National Technology Transfer and 
Advancement Act of 1995, the EPA must consider the use of ``voluntary 
consensus standards,'' if available and applicable, when implementing 
policies and programs, unless it would be ``inconsistent with 
applicable law or otherwise impractical.'' The intent of the National 
Technology Transfer and Advancement Act is to reduce the costs to the 
private and public sectors by requiring federal agencies to draw upon 
any existing, suitable technical standards used in commerce or 
industry.
    A voluntary consensus standard is a technical standard developed or 
adopted by a legitimate standards-developing organization. The Act 
defines ``technical standards'' as ``performance-based or design-
specifications and related management systems practices.'' A legitimate 
standards-developing organization must produce standards by consensus 
and observe principles of due process, openness, and balance of 
interests. Examples of organizations that are regarded as legitimate 
standards-developing organizations include the American Society for 
Testing and Materials (ASTM), International Organization for 
Standardization (ISO), International Electrotechnical Commission (IEC), 
American Petroleum Institute (API), National Fire Protection 
Association (NFPA) and Society of Automotive Engineers (SAE). 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: December 4, 1998.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter 1 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 Constructed 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.

[[Page 69381]]

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--Generic Compliance Schedule and Increments 
of Progress
Table 3 of Subpart GGG--[Reserved]

Subpart GGG--Federal Plan Requirements for Municipal Solid Waste 
Landfills Constructed 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) in calculating the annual NMOC emission rate (as provided 
in 40 CFR 60.754(a)(5) of subpart WWW),
    (2) Alternative emission standard,
    (3) Major alternatives to test methods,
    (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 as 
designed. 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 the 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, record keeping 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 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. The final control plan also must 
include the same information that will be used to solicit bids to 
install the collection and control system.
    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 protectorate 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

[[Page 69382]]

landfill may be publicly or privately owned.
    Negative declaration letter means a letter from a State to EPA to 
declare that there are no existing MSW landfills in the State or 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 includes 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 paragraph (b) 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 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) 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.
    (d) 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 the effective date of this subpart, 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 90 days after 
the effective date of this subpart, even if the 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 the 
effective date of this subpart 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 becomes subject to the requirements of 
Sec. 70.5(a)(1)(i) or Sec. 71.5(a)(1)(i) of this chapter 90 days after 
the amended design capacity report is due.
    (e) 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 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).
    (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).


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.
    (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

[[Page 69383]]

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. 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 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 as designed in 
the 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 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 (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 2 of this 
subpart, except for those affected facilities specified in paragraph 
(c)(2) of this section.
    (2) The owner or operator of the specified designated facility in 
table 3 of this subpart must achieve the increments of progress 
according to the schedule in table 3 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 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
                         State plan                             date of
                                                              state plan
------------------------------------------------------------------------
Colorado....................................................    09/28/98
Iowa........................................................    06/22/98
Kansas......................................................    05/19/98
Louisiana...................................................    10/28/97
Minnesota...................................................    09/25/98
Missouri....................................................    06/23/98
Montana.....................................................    09/08/98
Nebraska....................................................    06/23/98
New Mexico..................................................    02/10/98
North Dakota................................................    02/13/98
Ohio........................................................    10/06/98
Oregon......................................................    08/25/98
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.


                Table 2 of Subpart GGG.--Generic Compliance Schedule and Increments of Progress a
----------------------------------------------------------------------------------------------------------------
                                   Increment                                                   Date
----------------------------------------------------------------------------------------------------------------
Increment 1--Submit final control plan.........................................  1 year after first annual
                                                                                  emission rate report showing
                                                                                  NMOC emissions  50
                                                                                  Mg/yr. b
Increment 2--Award Contracts...................................................  20 months after first annual
                                                                                  emission rate report showing
                                                                                  NMOC emissions  50
                                                                                  Mg/yr. b
Increment 3--Begin on-site construction........................................  24 months after first annual
                                                                                  emission rate report showing
                                                                                  NMOC emissions  50
                                                                                  Mg/yr. b
Increment 4--Complete on-site construction.....................................  30 months after first annual
                                                                                  emission rate report showing
                                                                                  NMOC emissions  50
                                                                                  Mg/yr. b

[[Page 69384]]

 
Increment 5--Final compliance..................................................  30 months after first annual
                                                                                  emission rate report showing
                                                                                  NMOC emissions  50
                                                                                  Mg/yr. b
----------------------------------------------------------------------------------------------------------------
a Table 2 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 3 of subpart GGG.
b NMOC = nonmethane organic compounds; Mg/yr = megagrams per year.

Table 3 of Subpart GGG--Site-Specific Compliance Schedules and 
Increments of Progress
[Reserved]

[FR Doc. 98-32993 Filed 12-15-98; 8:45 am]
BILLING CODE 6560-50-P