96-5529. Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills  

  • [Federal Register Volume 61, Number 49 (Tuesday, March 12, 1996)]
    [Rules and Regulations]
    [Pages 9905-9944]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-5529]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 51, 52, and 60
    
    [AD-FRL-5437-8]
    RIN 2060-AC42
    
    
    Standards of Performance for New Stationary Sources and 
    Guidelines for Control of Existing Sources: Municipal Solid Waste 
    Landfills
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule and guideline.
    
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    SUMMARY: This action adds subparts WWW and Cc to 40 CFR part 60 by 
    promulgating standards of performance for new municipal solid waste 
    landfills and emission guidelines for existing municipal solid waste 
    landfills. This action also adds the source category ``municipal solid 
    waste landfills'' to the priority list in 40 CFR Part 60, Sec. 60.16, 
    for regulation under section 111 of the Clean Air Act. These standards 
    and emission guidelines implement section 111 of the Clean Air Act and 
    are based on the Administrator's determination that municipal solid 
    waste landfills cause, or contribute significantly to, air pollution 
    that may reasonably be anticipated to endanger public health or 
    welfare. The emissions of concern are non-methane organic compounds 
    (NMOC) and methane. NMOC include volatile organic compounds (VOC), 
    hazardous air pollutants (HAPs), and odorous compounds. VOC emissions 
    contribute to ozone formation which can result in adverse effects to 
    human health and vegetation. Ozone can penetrate into different regions 
    of the respiratory tract and be absorbed through the respiratory 
    system. The health effects of exposure to HAPs can include cancer, 
    respiratory irritation, and damage to the nervous system. Methane 
    emissions contribute to global climate change and can result in fires 
    or explosions when they accumulate in structures on or off the landfill 
    site. The intended effect of the standards and guidelines is to require 
    certain municipal solid waste landfills to control emissions to the 
    level achievable by the best demonstrated system of continuous emission 
    reduction, considering costs, nonair quality health, and environmental 
    and energy impacts.
    
    EFFECTIVE DATE: Effective on March 12, 1996.
    
    ADDRESSES: Background Information Document. The background information 
    document for the promulgated standards may be obtained from the U.S. 
    EPA Library (MD-35), Research Triangle Park, North Carolina 27711, 
    telephone number (919) 541-2777. Please refer to ``Air Emissions from 
    Municipal Solid Waste Landfills--Background Information for Final 
    Standards and Emission Guidelines,'' EPA-453/R-94-021. The Background 
    Information Document contains: (1) A summary of all the public comments 
    made on the proposed standards and the Notice of Data Availability as 
    well as the Administrator's response to these comments, (2) a summary 
    of the changes made to the standards since proposal, and (3) the final 
    Environmental Impact Statement, which summarizes the impacts of the 
    standards.
        Docket. Docket No. A-88-09, containing supporting information used 
    in developing the promulgated standards, is available for public 
    inspection and copying between 8:00 a.m. and 4:00 p.m., Monday through 
    Friday, except for Federal holidays at the following address: U.S. 
    Environmental Protection Agency, Air and Radiation Docket and 
    Information Center (MC-6102), 401 M Street SW., Washington, DC 20460 
    [phone: (202) 260-7548]. The docket is located at the above address in 
    Room M-1500, Waterside Mall (ground floor). A reasonable fee may be 
    charged for copying.
    
    FOR FURTHER INFORMATION CONTACT: For information on the regulation of 
    municipal solid waste landfills, contact Ms. Martha Smith, Waste and 
    Chemical Processes Group, Emission Standards Division (MD-13), U.S. 
    Environmental Protection Agency, Research Triangle Park, North Carolina 
    27711, telephone number (919) 541-2421.
    
    SUPPLEMENTARY INFORMATION:
    
    Judicial Review
    
        Under section 307(b)(1) of the Clean Air Act, judicial review of 
    the actions taken by this notice is available only by the filing of a 
    petition for review in the U.S. Court of Appeals for the District of 
    Columbia Circuit within 60 days of today's publication of this rule. 
    Under section 307(b)(2) of the Clean Air Act, the requirements that are 
    the subject of today's notice may not be challenged
    
    [[Page 9906]]
    later in civil or criminal proceedings brought by the EPA to enforce 
    these requirements.
        The following outline is provided to aid in locating information in 
    the introductory text (preamble) to the final standards.
    
    I. Acronyms, Abbreviations, and Measurement Units
        A. Acronyms
        B. Abbreviations and Measurement Units
        C. Conversion Factors and Commonly Used Units
    II. Background
    III. Summary of Considerations in Developing the Standards and 
    Emission Guidelines
        A. Purpose of the Regulation
        B. Technical Basis of the Regulation
        C. Stakeholders and Public Involvement
    IV. Summary of the Standards, Emission Guidelines, and Methods
    V. Impacts of the Standards and Emission Guidelines
        A. Environmental Impacts
        B. Cost and Economic Impacts
    VI. Significant Changes to the Proposed Standards and Emission 
    Guidelines
        A. Design Capacity Exemption
        B. Emission Rate Cutoff
        C. Collection System Design Specifications
        D. Timing for Well Placement
        E. Operational Standards
        F. Surface Emission Monitoring
        G. Model Default Values
    VII. Permitting
        A. New Source Review Permits
        B. Operating Permits
    VIII. Administrative Requirements
        A. Docket
        B. Paperwork Reduction Act
        C. Executive Order 12866
        D. Executive Order 12875
        E. Unfunded Mandate Reform Act
        F. Regulatory Flexibility Act
        G. Miscellaneous
    
    I. Acronyms, Abbreviations, and Measurement Units
    
        The following definitions, acronyms, and measurement units are 
    provided to clarify the preamble to the final rule.
    
    A. Acronyms
    
    BDT--best demonstrated technology
    BID--background information document
    CAA--Clean Air Act
    CERCLA--Comprehensive Environmental Response, Compensation, and 
    Liability Act
    EG--emission guideline(s)
    EPA--Environmental Protection Agency
    FR--Federal Register
    HAP--hazardous air pollutant
    LFG--landfill gas
    MSW--municipal solid waste
    NMOC--nonmethane organic compounds
    NPV--net present value
    NSPS--new source performance standards
    NSR--new source review
    OMB--Office of Management and Budget
    PSD--prevention of significant deterioration
    RCRA--Resource Conservation and Recovery Act
    VOC--volatile organic compound(s)
    
    B. Abbreviations and Measurement Units
    
    J/scm--joules per standard cubic meter
    m--meter
    Mg--megagram
    mm--millimeter
    ppm--parts per million
    ppmv--parts per million by volume
    tpy--tons per year
    yr--year
    
    C. Conversion Factors and Commonly Used Units
    
    1 meter = 3.2808 feet
    1 megagram = 1.1023 tons = 2204.6 pounds
    1 cubic meter = 35.288 cubic feet = 1.3069 cubic yards
    1 cubic meter = 0.0008101 acre-feet
    Degrees Celsius = (degrees Fahrenheit - 32)/1.8
    
    II. Background
    
        The United States Environmental Protection Agency (EPA) originally 
    considered regulating MSW landfill emissions under a RCRA subtitle D 
    rulemaking. However, the Administrator decided to regulate MSW landfill 
    emissions under the authority of the CAA, and announced the decision in 
    the Federal Register on August 30, 1988 (53 FR 33314). The EPA decided 
    to propose regulation of new MSW landfills under section 111(b) of the 
    CAA and to propose EG for existing MSW landfills under section 111(d).
        The EPA published a proposal of this NSPS and EG in the Federal 
    Register on May 30, 1991 (56 FR 24468).
        Following the receipt of new data and changes in the modeling 
    techniques, the EPA published a Notice of Data Availability in the 
    Federal Register on June 21, 1993 (56 FR 33790).
        Under the authority of section 111(b)(1)(A) of the CAA, today's 
    notice adds the source category MSW landfills to the priority list in 
    40 CFR 60.16 because, in the judgement of the Administrator, it 
    contributes significantly to air pollution which may reasonably be 
    anticipated to endanger public health and welfare. Further rationale 
    for this finding is contained in section 1.1.1 of the promulgation BID 
    (EPA-453/R-94-021).
        Today's notice promulgates the final NSPS and EG for MSW landfills. 
    The promulgation BID ``Air Emissions from Municipal Solid Waste 
    Landfills--Background Information for Final Standards and Guidelines'' 
    (EPA 453/R-94-021) summarizes all public comments on the proposed NSPS 
    and EG and the EPA responses. For further discussion of stakeholder and 
    public involvement in the development of the rules see section III.C. 
    of this preamble.
        Recent information suggests that mercury might be emitted from 
    landfills. The EPA is still looking at the possibility and will take 
    action as appropriate in the future under the landfill national 
    emission standards for hazardous air pollutants.
    
    III. Summary of Considerations in Developing the Standards and Emission 
    Guidelines
    A. Purpose of the Regulation
        Landfill gas emissions contain methane, carbon dioxide, and more 
    than 100 different NMOC, such as vinyl chloride, toluene, and benzene. 
    Studies indicate that MSW landfill gas emissions can at certain levels 
    have adverse effects on both public health and welfare. The EPA 
    presented concerns with the health and welfare effects of landfill 
    gases in the preamble to the proposed regulations (56 FR 24468).
        Briefly, specific health and welfare effects from LFG emissions are 
    as follows: NMOC contribute to ozone formation; some NMOC are known or 
    suspected carcinogens, or cause other noncancer health effects; NMOC 
    can cause an odor nuisance; methane emissions present a well-documented 
    danger of fire and explosion on-site and off-site, and contribute to 
    global climate change as a major greenhouse gas. Today's rules will 
    serve to significantly reduce these potential problems associated with 
    LFG emissions.
    B. Technical Basis of the Regulation
        Today's regulations are based on extensive data analysis and 
    consideration of several alternatives. Prior to proposal, the EPA 
    developed an extensive data base, using survey information from 
    approximately 1,200 landfills, along with emissions information from 
    literature, State and local agencies, and industry test reports. The 
    preamble to the proposed regulations presented a detailed discussion of 
    the data used to develop the rule and the regulatory alternatives 
    considered (56 FR 24476).
        After proposal, the EPA continued to gather new information and 
    received new data through public comments. The EPA published this new 
    information in a Notice of Data Availability on June 21, 1993 (56 FR 
    33790). In addition to
    
    [[Page 9907]]
    public comments, the EPA held consultations with industry under the 
    authority of Executive Order 12875 (See section VIII of this document 
    for a detailed discussion of the Executive Order).
        Based on the new information, the EPA re-assessed the impacts of 
    the alternatives and made changes to the final regulation. The most 
    significant changes to the regulation are summarized in section VI of 
    this preamble. Detailed rationales for these changes as well as more 
    minor changes are provided in the final BID (EPA 453/R-94-021).
        In keeping with the EPA's common sense initiative, several of the 
    changes were made to streamline the rule and to provide flexibility. 
    Examples of this streamlining and increased flexibility include 
    focusing control on the largest landfills, removing the gas collection 
    system prescriptive design specifications, and more reasonable timing 
    for the installation of collection wells. All of these changes are 
    discussed further in section VI of this preamble.
    
    C. Stakeholders and Public Involvement
    
        Prior to proposal, in accordance with section 117 of the CAA, the 
    EPA had consultations with appropriate advisory committees, independent 
    experts, Federal departments and agencies. In addition, numerous 
    discussions were held with industry representatives and trade 
    associations.
        After proposal, the EPA provided interested persons the opportunity 
    to comment at a public hearing and through a written comment period. 
    Comment letters were received from 60 commenters including industry 
    representatives, governmental entities, environmental groups, and 
    private citizens. A public hearing was held in Research Triangle Park, 
    North Carolina, on July 2, 1991. This hearing was open to the public 
    and five persons presented oral testimony on the proposed NSPS and EG.
        On June 21, 1993, a supplemental notice of data availability to the 
    May 30, 1991 proposal appeared in the Federal Register (58 FR 33790). 
    The notice announced the availability of additional data and 
    information on changes in the EPA's modelling methodology being used in 
    the development of the final NSPS and EG for MSW landfills. Public 
    comments were requested on the new data and comment letters were 
    received from seven commenters.
        Since the Notice of Data Availability, the EPA has held several 
    consultations with State, local, and industry representatives in 
    accordance with the October 26, 1993 Executive Order 12875 on Enhancing 
    the Intergovernmental Partnership.
        Major concerns expressed by participants in the consultations were 
    identified by the EPA. These concerns included: the design capacity 
    exemption level, collection system design and monitoring flexibility, 
    and timing of well placement. These concerns and others raised at 
    proposal and clarified in the consultations were addressed by revising 
    the rule as described in section VI of this preamble.
    
    IV. Summary of the Standards, Emission Guidelines, and Methods
    
        The affected facility under the NSPS is each new MSW landfill. MSW 
    landfills are also subject to the requirements of RCRA (40 CFR 257 and 
    258). A new MSW landfill is a landfill for which construction, 
    modification, or reconstruction commences on or after the proposal date 
    of May 30, 1991 or that began accepting waste on or after that date.
        The EG require control for certain existing MSW landfills. An 
    existing MSW landfill is a landfill for which construction commenced 
    prior to May 30, 1991. An existing MSW landfill may be active, i.e., 
    currently accepting waste, or have additional capacity available to 
    accept waste, or may be closed, i.e., no longer accepting waste nor 
    having available capacity for future waste deposition. The designated 
    facility under the EG is each existing MSW landfill that has accepted 
    waste since November 8, 1987.
        The final rules (both the NSPS and EG) require affected and 
    designated MSW landfills having design capacities below 2.5 million Mg 
    or 2.5 million cubic meters to file a design capacity report. Affected 
    and designated MSW landfills having design capacities greater than or 
    equal to 2.5 million Mg or 2.5 million cubic meters are subject to the 
    additional provisions of the standards or EG.
        The final standards and EG for MSW landfill emissions require the 
    periodic calculation of the annual NMOC emission rate at each affected 
    or designated facility with a maximum design capacity greater than or 
    equal to 2.5 million Mg or 2.5 million cubic meters. Those that emit 
    more than 50 Mg/yr are required to install controls.
        The final rules provide a tier system for calculating whether the 
    NMOC emission rate is less than or greater than 50 Mg/yr, 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 would achieve compliance. Chapter 1 of the 
    promulgation BID (EPA 453/R-94-021) presents a complete discussion of 
    the components of the tier system.
        The BDT for both the NSPS and the EG requires the reduction of MSW 
    landfill emissions from new and existing MSW landfills emitting 50 Mg/
    yr of NMOC or more with: (1) A well-designed and well-operated gas 
    collection system and (2) a control device capable of reducing NMOC in 
    the collected gas by 98 weight-percent.
        A well-designed and well-operated collection system would, at a 
    minimum: (1) Be capable of handling the maximum expected gas generation 
    rate; (2) have a design capable of monitoring and adjusting the 
    operation of the system; and (3) be able to collect gas effectively 
    from all areas of the landfill that warrant control. 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 BDT control device is a combustion device capable of reducing 
    NMOC emissions by 98 weight-percent. While energy recovery is strongly 
    recommended, the cost analysis is based on open flares because they are 
    applicable to all affected and designated facilities regulated by the 
    standards and EG. If an owner or operator uses an enclosed combustor, 
    the device must demonstrate 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 standards and EG require that three conditions be met prior to 
    capping or removal of the collection and control system: (1) The 
    landfill must be permanently closed under the requirements of 40 CFR 
    258.60; (2) the collection and control system must have been in 
    continuous operation a minimum of 15 years; and (3) the annual NMOC 
    emission rate routed to the control device must be less than the 
    emission rate cutoff on three successive dates, between 90 and 180 days 
    apart, based upon the site-specific landfill gas flow rate and average 
    NMOC concentration.
        Section VI.E. of this preamble describes a new section of the NSPS, 
    Sec. 60.753, ``Operational Standards for Collection and Control 
    Systems.'' The EG also refer to this section. The
    
    [[Page 9908]]
    provisions in this section include: (1) Collection of gas from each 
    area, cell or group of cells in which non-asbestos degradable solid 
    waste has been placed for a period of 5 years or more for active areas 
    or 2 years or more for closed areas; (2) operation of the collection 
    system with each wellhead under negative pressure, with a nitrogen 
    level less than or equal to 20 percent (revised from 1 percent in the 
    proposal, based on public comments) or an oxygen level less than or 
    equal to 5 percent (a new provision); (3) operation with a landfill gas 
    temperature less than 55  deg.C (a new provision) at each well 
    transporting the collected gases to a treatment or control device 
    designed and operated in compliance with Sec. 60.752(b)(2)(iii) of the 
    NSPS and operated at all times when the collected gas is vented to it; 
    and (4) a requirement that the collection system be operated to limit 
    the surface methane concentration to 500 ppm or less over the landfill 
    as determined according to a specified monitoring pattern.
        Owners and operators must determine compliance with the standards 
    for the collection systems and control devices according to 
    Sec. 60.755. Changes made to the final compliance determination and 
    monitoring procedures as a result of comments are discussed in detail 
    in the BID (EPA 453/R-94-021). The Secs. 60.757 and 60.758 of the NSPS 
    and Sec. 60.35(c) of the EG contain recordkeeping and reporting 
    requirements. Changes have been made to the recordkeeping and reporting 
    requirements to allow for consistency with the final compliance 
    requirements.
    
    V. Impacts of the Standards and Emission Guidelines
    
    A. Environmental Impacts of Promulgated Action
    
        The estimated environmental impacts have changed somewhat from 
    those presented in the preamble to the proposed regulations as a result 
    of changes in the final rules and changes in the estimation 
    methodology. These changes were made in response to public comments. 
    Additional data were also incorporated and are described in the 
    supplemental Notice of Data Availability (56 FR 33790). The analysis of 
    environmental impacts presented in this document, along with the 
    proposal and promulgation BID's, and memoranda in the docket constitute 
    the Environmental Impact Statement for the final standards and 
    guidelines.
        For most NSPS, emission reductions and costs are expressed in 
    annual terms. In the case of the NSPS and EG for landfills, the final 
    regulations require controls at a given landfill only after the 
    increasing NMOC emission rate reaches the level of the regulatory 
    cutoff. The controls are applied when the emissions exceed the 
    threshold, and they must remain in place until the emissions drop below 
    the cutoff. However, this process could take as long as 50 to 100 
    hundred years for some landfills. During the control period, costs and 
    emission reductions will vary from year to year. Therefore, the 
    annualized numbers for any impact will change from year to year. 
    Because of the variability of emission reductions and costs of the 
    final standards and EG over time, the EPA judged that the NPV of an 
    impact is a more valuable tool in the decision process for landfills 
    and has used NPV in the development of both the proposal and final 
    nationwide impacts. The NPV is computed by discounting the capital and 
    operating costs and emission reductions that will be incurred 
    throughout the control periods to arrive at a measure of their current 
    value. In this way, the NPV accounts for the unique emission patterns 
    of landfills when evaluating nationwide costs and benefits over 
    different discrete time periods for individual sources. Thus, the 
    impacts presented include both annualized estimates and estimates 
    expressed in terms of NPV in 1992.
    1. Air Emissions
        The methodology for estimating the impacts of the NSPS and EG is 
    discussed in the proposal BID and in memoranda in the docket. The 
    analysis of impacts for the NSPS is based on new landfills (beginning 
    construction after May 30, 1991) that are projected to begin accepting 
    waste over the first 5 years of the standards. The NPV of the emission 
    reduction achieved by the final standards is estimated to be 79,300 Mg, 
    which reflects a 50 percent reduction from the NPV of the baseline 
    emissions of 160,000 Mg. Substantial reduction of methane emissions is 
    also achieved. Table 1 presents the emission reductions of the final 
    NSPS in annualized values as well as NPV.
    
      Table 1.--Summary of Emission Reduction and Cost Impacts for the NSPS 
    ------------------------------------------------------------------------
                                                    NPV         Annualized  
    ------------------------------------------------------------------------
    Baseline NMOC Emissions a (Mg)..........         160,000          13,400
    NMOC Emission Reductions (Mg)...........          79,300           4,860
    % NMOC Emission Reduction...............             50%             36%
    Baseline Methane Emissions a (Mg).......      10,600,000         899,000
    Methane Emission Reduction b (Mg).......       3,890,000         193,000
    % Methane Emission Reduction............             37%             21%
    Cost (Million $)........................              97              4 
    ------------------------------------------------------------------------
    a In the absence of an NSPS. This does not include landfills closed     
      prior to November 8, 1987.                                            
    b This does not enclude landfills expected to undertake profitable      
      energy recovery.                                                      
    
        For existing landfills, the NPV of the NMOC emission reduction 
    achieved by the final EG is estimated to be 1.1 million Mg, or a 53 
    percent reduction from a baseline of 2.07 million Mg (NPV). The NPV of 
    the methane reduction is estimated to be 47 million Mg. Table 2 
    presents the emission reductions of the final EG in annualized values 
    as well as NPV. Note that the baseline methane emissions do not include 
    landfills closed prior to November 8, 1987, and that methane reductions 
    shown in Tables 1 and 2 do not include landfills expected to undertake 
    profitable energy recovery. Total methane reductions are anticipated to 
    be on the order of 7 million megagrams in the year 2000.
    
    [[Page 9909]]
    
    
        Table 2.--Summary of Emission Reduction and Cost Impacts for the    
                               Emission Guidelines                          
    ------------------------------------------------------------------------
                                                    NPV         Annualized  
    ------------------------------------------------------------------------
    Baseline NMOC Emissions a (Mg)..........       2,070,000         145,000
    NMOC Emission Reductions (Mg)...........       1,100,000          77,600
    % NMOC Emission Reduction...............             53%             54%
    Baseline Methane Emissions b (Mg).......     120,000,000       8,440,000
    Methane Emission Reduction (Mg).........      47,000,000       3,370,000
    % Methane Emission Reduction............             39%             40%
    Cost (Million $)........................           1,278             90 
    ------------------------------------------------------------------------
    a In the absence of EG. This does not include landfills closed prior to 
      November 8, 1987.                                                     
    bThis does not enclude landfills expected to undertake profitable energy
      recovery.                                                             
    
        As existing landfills are filled, closed, and replaced by new 
    landfills, the actual annual emissions reductions achieved by the 
    guidelines will decrease, while the reductions achieved by the 
    standards will increase.
        Certain by-product emissions, such as NOX, CO, SOX, and 
    particulates, may be generated by the combustion devices used to reduce 
    air emissions from MSW landfills. The types and quantities of these by-
    product emissions vary depending on the control device. However, by-
    product emissions are very low compared to the achievable NMOC and 
    methane emission reductions. Chapters 4 and 6 of the proposal BID (EPA-
    450/3-90-011a) present additional information about the magnitude of 
    potential secondary air impacts.
    2. Water
        Landfill leachate is the primary potential source of water 
    pollution from a landfill. Although there is no data on the effect of 
    gas collection on leachate composition, the amount of water pollution 
    present as NMOC in the leachate may be reduced under these standards 
    and guidelines.
        When LFG is collected, organics and water are condensed inside the 
    header pipes of the gas collection system. This waste also contains 
    NMOC and various toxic substances present in the LFG. The pH of this 
    condensate is normally adjusted by adding caustic at the landfill and 
    then routing it to a public treatment works where it would be treated 
    and discharged. At this time, there is insufficient data available to 
    quantify the effects of the rule on leachate.
    3. Solid Waste
        The final NSPS and EG will likely have little impact on the 
    quantity of solid waste generated nationwide. Aside from the disposal 
    of the collection and control system equipment once it can be removed 
    from the landfill, no other solid wastes are expected to be generated 
    by the required controls. The increased cost of landfill operation 
    resulting from the control requirements may cause greater use of waste 
    recycling and other alternatives to landfill disposal, leading to a 
    decrease in landfill use. However, quantification of such an impact is 
    not possible at this time.
    4. Superfund Sites
        Municipal solid waste landfill sites comprise approximately 20 
    percent of the sites placed by the EPA on the national priorities list. 
    Often, remedial actions selected at these sites include venting methane 
    and volatile organic contaminants, which would be controlled as 
    necessary to protect human health and the environment.
        The final NSPS and EG may affect remedial actions under Superfund 
    for MSW landfills. Section 121(d)(2) of CERCLA requires compliance with 
    the substantive standards of applicable or relevant and appropriate 
    requirements (ARAR) of certain provisions in other environmental laws 
    when selecting and implementing on-site remedial actions. 
    ``Applicable'' requirements specifically address a hazardous substance, 
    pollutant, contaminant, remedial action, location, or other 
    circumstance at a Superfund site. ``Relevant and appropriate'' 
    requirements are not legally applicable, but may address problems or 
    situations sufficiently similar to those encountered so that their use 
    is well suited to a particular site. See 40 CFR 300.5 (55 FR 8814, 
    8817, March 8, 1990).
        These air emission rules will apply to new MSW landfills, as well 
    as to those facilities that have accepted waste since November 8, 1987, 
    or that have capacity available for future use. For CERCLA municipal 
    landfill remediations, these requirements would be potential ARAR for 
    all Records of Decision signed after the date of promulgation. These 
    NSPS and EG will be applicable for those MSW landfill sites on the 
    national priorities list that accepted waste on or after November 8, 
    1987, or that are operating and have capacity for future use. These 
    standards may also be determined relevant and appropriate for sites 
    that accepted wastes prior to November 8, 1987. The determination of 
    relevance and appropriateness is made on a site-specific basis pursuant 
    to 40 CFR 300.400(g) (55 FR 8841, March 8, 1990). Because the NSPS and 
    EG apply only to landfills with design capacities greater than or equal 
    to 2.5 million Mg or 2.5 million cubic meters, the collection and 
    control requirements may not be relevant and appropriate for smaller 
    landfills.
        Given the significant public policy benefits that result from the 
    collection and processing of landfill gas, Congress, as part of the 
    1986 SARA Amendments, enacted CERCLA Section 124 to provide broad 
    liability protection for companies engaged in landfill gas recovery or 
    processing. Landfill gas emissions, in addition to being a significant 
    source of air pollution, can leach underground and cause explosions in 
    nearby residences. If recovered, landfill gas could supply as much as 1 
    percent of the U.S. energy requirements.
        CERCLA Section 124 states that owners or operators of equipment 
    installed ``for the recovery or processing (including recirculation of 
    condensate) of methane'' shall not be liable as a CERCLA ``owner or 
    operator'' under CERCLA Section 101 (20) nor shall they be deemed ``to 
    have arranged for disposal or treatment of any hazardous substance* * 
    *'' pursuant to CERCLA Section 107. Exceptions are provided (1) where a 
    release is primarily caused by activities of the landfill gas owner/
    operator or (2) where such owner/operator would be otherwise liable due 
    to activities unrelated to methane recovery.
        Since passage of CERCLA section 124, methane emissions have been 
    targeted by the EPA as a large contributor to global warming (18 
    percent) and landfills are one of the largest source of methane 
    emissions (36 percent). Because of this, the EPA's Atmospheric 
    Pollution Prevention Division has initiated the Landfill Methane 
    Outreach Program to promote landfill gas
    
    [[Page 9910]]
    collection projects at the 750 landfills where methane could profitably 
    be recovered. Methane recovery, as compared with collection and flaring 
    of landfill gas without recovery, results in significantly less 
    emissions. It also can greatly reduce the financial burden on local 
    governments (as well as taxpayers) since the energy recovered can be 
    sold to utilities or other consumers and thereby create a revenue 
    stream that may cover the costs of collection and recovery.
        The EPA is aware that the standards and guidelines promulgated 
    today for control of emissions at municipal solid waste landfills may 
    change the focus of the landfill gas collection and processing for 
    methane recovery. The landfill gas owner/operator will now need to 
    consider how the collection and recovery of methane will impact on 
    controlling the MSW landfill emissions. It is also likely that the 
    landfill gas owner/operator will be asked to advise and in some cases 
    help implement the MSW landfill's compliance obligations. These related 
    objectives, the control of emissions at municipal solid waste landfills 
    in order to comply with the Clean Air Act Amendments and the reduction 
    of methane emissions in order to mitigate global warming, will need to 
    be coordinated in carrying out common activities such as laying a 
    system of collection piping at a given landfill.
        In promulgating today's standards and guidelines, the EPA wants to 
    promote the policy incorporated in CERCLA Section 124. Recognizing the 
    chilling effect that potential CERCLA liability might otherwise have on 
    landfill gas collection or processing activities, the EPA interprets 
    CERCLA Section 124 in a manner that will encourage the beneficial 
    recovery of methane. Specifically, EPA believes that Congress intended 
    Section 124 to provide liability protection to owners and operators of 
    equipment for the recovery or processing of methane with respect to all 
    phases involved in landfill gas collection and methane processing. This 
    includes any assistance (related to recovery or processing of methane) 
    provided by the landfill gas equipment owner or operator to the 
    landfill owner/operator for achieving compliance with the emission 
    standards promulgated today or similar Federal, State, or local 
    controls on landfill emissions. In general, Section 124 will be 
    interpreted in a manner to provide owners and operators of equipment 
    for the recovery or processing of methane with comprehensive protection 
    from CERCLA liability, unless the release or threatened release was 
    primarily caused by activities of the owners and operators of the 
    equipment, or unless such owners or operators would be otherwise liable 
    under CERCLA.
    
    B. Energy and Economic Impacts of Promulgated Action
    
        The energy and economic impacts are summarized in chapter 1 and 
    fully discussed in chapter 3 and appendix A of the promulgation BID 
    (EPA-453/R-94-021). The estimated impacts have changed somewhat as a 
    result of changes in the final rules and changes in the impacts 
    estimation methodology made in response to public comments.
    1. Energy Impacts
        Affected and designated landfills with NMOC emission rates of 50 
    Mg/yr or more are required to install a gas collection system and 
    control device. The gas collection system would require a relatively 
    small amount of energy to run the blowers and the pumps. If a flare is 
    used for control, auxiliary fuel should not be necessary because of the 
    high heat content of LFG, commonly 1.86  x  10 \7\ J/scm or more. If a 
    recovery device such as an internal combustion (I.C.) engine or a gas 
    turbine is used, an energy savings would result.
        The EPA evaluated the overall energy impacts resulting from the use 
    of flares, I.C. engines, or gas turbines for control of collected 
    emissions at all affected landfills. The least cost control option was 
    identified by taking the NPV costs of the three control options 
    (flares, I.C. engines, and turbines), including any cost savings from 
    the use of recovered landfill gas, and determining the option that 
    costs the least. If landfills use the least cost control device, it is 
    estimated that the NSPS will produce $170 million of energy revenue as 
    NPV in 1992. The EG are estimated to generated $1.5 billion of energy 
    revenue as NPV in 1992, if the least cost control device is used.
    2. Control Costs and Economic Impacts
        Nationwide annualized costs for collection and control of air 
    emissions from new MSW landfills are estimated to be $4 million. The 
    nationwide cost of the EG would be approximately $90 million. These 
    values are annualized costs. Tables 1 and 2 present costs in both 
    annualized and NPV values. In comparison to other solid waste-related 
    rules, the nationwide costs of the recently promulgated RCRA Subtitle D 
    (40 CFR 257 and 258) rule are estimated to be $300 million per year and 
    the estimated nationwide costs of the MWC rules promulgated in 1991 are 
    estimated to be $170 million per year for new combustors and $302 
    million per year for existing combustors (56 FR 5488 and 5514).
        The incremental costs and benefits of the different options are 
    presented in tables 3, 4, 5, and 6 in section VIII.E. For NMOC, the 
    average cost effectiveness is approximately $1,200/Mg for both the NSPS 
    and the EG. Preliminary economic analysis indicates that the annual 
    cost of waste disposal may increase by an average of approximately 
    $0.60 per Mg for the NSPS and $1.30 per Mg for the EG. Costs per 
    household would increase approximately $2.50 to $5.00 per year, when 
    the household is served by a new or existing landfill, respectively. 
    Additionally, less than 10 percent of the households would face annual 
    increases of $15 or more per household as a result of the final EG. 
    However, the EPA anticipates that many landfills will elect to use 
    energy recovery systems, and costs per household for those areas would 
    be less. The EPA has concluded that households would not incur severe 
    economic impacts. For additional information, please refer to the 
    regulatory impact analysis (Docket No. A-88-09, Item No. IV-A-7) and 
    chapter 3 of the promulgation BID (EPA-453/R-94-021).
    
    VI. Significant Changes to the Proposed Standards and Emission 
    Guidelines
    
        All of the significant public comments received on the proposed 
    standards and EG and the Notice of Data Availability are addressed in 
    the promulgation BID (EPA-453/R-94-021). This section of the preamble 
    reviews the major changes to the standards and EG resulting from public 
    comments. A more detailed rationale for these changes is provided in 
    chapters 1 and 2 of the promulgation BID (EPA-453/R-94-021).
    
    A. Design Capacity Exemption
    
        A design capacity exemption of 100,000 Mg was included in the 
    proposed NSPS and EG to relieve owners and operators of small landfills 
    that the EPA considered unlikely to emit NMOC above the emission rate 
    cutoff requiring control from undue recordkeeping and reporting 
    responsibilities. Commenters indicated that the exemption level was too 
    low, and would still impact many small businesses and municipalities. 
    In response to these comments and as a result of changes to the 
    nationwide impacts analysis, the design capacity exemption in the final 
    NSPS was revised to 2.5 million Mg. The 2.5 million Mg exemption level 
    would exempt 90 percent of the existing landfills while only losing 15 
    percent of the total NMOC emission reduction. Most of the exempt 
    landfills are owned
    
    [[Page 9911]]
    by municipalities. The 2.5 million Mg level was chosen to relieve as 
    many small businesses and municipalities as possible from the 
    regulatory requirements while still maintaining significant emission 
    reduction.
        This cutoff excludes those landfills who would be least able to 
    afford the costs of a landfill gas collection and control system and 
    are less likely to have successful energy recovery projects. However, 
    depending on site-specific factors including landfill gas 
    characteristics and local markets, some landfills smaller than the 
    design capacity exemption level may be able to make a profit by 
    installing collection and control systems that recover energy. While 
    the rule does not require control of landfills smaller than 2.5 million 
    Mg, the EPA encourages energy recovery in cases where it is profitable. 
    The EPA has developed a Landfill Methane Outreach Program to encourage 
    more widespread utilization of landfill gas as an energy source. 
    Information can be obtained by calling the Landfill Methane Outreach 
    Program Hotline at (202) 233-9042. Available publications are 
    identified in section 1.2.1 of the promulgation BID.
        Since some landfills record waste by volume and have their design 
    capacities calculated in volume, the EPA also established an equivalent 
    design capacity exemption of 2.5 million m \3\ of waste. The density of 
    solid waste within different landfills varies depending on several 
    factors, including the compaction practices. Any landfill that reports 
    waste by volume and wishes to establish a mass design capacity must 
    document the basis for their density calculation.
    
    B. Emission Rate Cutoff
    
        Some commenters asserted that the proposed emission rate cutoff of 
    150 Mg/yr should be made more stringent, while others favored the 
    proposal cutoff or higher. The commenters favoring the more stringent 
    level indicated that the EPA's data on NMOC concentration, the benefits 
    of energy recovery and reduced global warming, and the reduced health 
    risks all supported an increased stringency level.
        The Climate Change Action Plan, signed by the President in October, 
    1993, calls for EPA to promulgate a ``tough'' landfill gas rule as soon 
    as possible. This initiative also supports a more stringent emission 
    rate cutoff that will achieve greater emission reduction.
        Due to the small-size exemption, only landfills with design 
    capacities greater than 2.5 million Mg of waste or 2.5 million cubic 
    meters of waste will be affected by this rule. It is estimated that a 
    landfill of 2.5 million Mg design capacity corresponds to cities 
    greater than about 125,000 people. On the whole, large landfills 
    service areas with large population. A reasonable assumption is that 
    many of these large landfills are in the 400 counties that have been 
    designated as urban ozone nonattainment areas and are developing plans 
    to address ozone nonattainment.
        Finally, the new data and modeling methodologies, which were 
    published in the Notice of Data Availability on June 21, 1993, 
    significantly reduced the emission reduction and corresponding 
    effectiveness of the rule. Therefore, a more stringent emission rate 
    cutoff would achieve similar emission reductions at similar cost 
    effectiveness to the proposed rule.
        Based on all of these reasons, the EPA reevaluated the stringency 
    level and chose an emission rate cutoff of 50 Mg/yr of NMOC for the 
    final rules. This revision would affect more landfills than the 
    proposal value of 150 Mg/yr of NMOC; however, the 50 Mg/yr of NMOC will 
    only affect less than 5 percent of all landfills and is estimated to 
    reduce NMOC emissions by approximately 53 percent and methane emissions 
    by 39 percent. The 150 Mg/yr emission rate cutoff would have reduced 
    NMOC emissions by 45 percent and methane emissions by 24 percent. The 
    incremental cost effectiveness of control of going from a 150 Mg/yr 
    cutoff level to a 50 Mg/yr cutoff level is $2,900/Mg NMOC reduction for 
    new landfills and $3,300/Mg for existing landfills.
        The values for NMOC cost effectiveness do not include any credit 
    for the benefits for toxics, odor, explosion control, or the indirect 
    benefit of methane control. A revised cost effectiveness could be 
    calculated with an assumed credit value for one or more of the other 
    benefits. As an example, assuming a $30/Mg credit for the methane 
    emission reduction, the incremental cost effectiveness from the 
    proposal cutoff of 150 Mg/yr to the final cutoff of 50 Mg/yr would be 
    reduced to $660/Mg NMOC.
    
    C. Collection System Design Specifications
    
        Commenters indicated that the proposed design specifications for 
    the collection system were overly prescriptive, discouraged innovation, 
    and did not prevent off-site migration of LFG. In the new Sec. 60.759 
    for design specifications, certain criteria still require proper 
    landfill gas collection; however, the proposed design specifications 
    for the LFG collection system were removed from the final regulations. 
    Instead, the final rule allows sources to design their own collection 
    systems. Design plans must meet certain requirements and be signed by a 
    registered professional engineer, and are subject to agency approval. 
    These changes were made to provide flexibility and encourage 
    technological innovation.
    
    D. Timing for Well Placement
    
        The proposed regulations required the installation of collection 
    wells at applicable landfills within 2 years of initial waste 
    placement. Commenters indicated that the installation of wells within 2 
    years was not practiced at many landfills, because many cells were 
    still active (receiving waste) 2 years after initial placement. 
    Collection wells installed at these cells would have to be covered 
    over, which would decrease the operational life of the well and be 
    costly and inefficient.
        The proposed timing for the placement of collection wells has been 
    revised to reduce costs and better coincide with common operational 
    practices at MSW landfills. The final regulation allows for well 
    installation up to 5 years from initial waste placement for active 
    cells. An area that reaches final grade or closure must install 
    collection wells within 2 years of initial waste placement.
    
    E. Operational Standards
    
        In response to commenters concerns about the operation of 
    collection systems, the final NSPS contains a new section, Sec. 60.753, 
    ``Operational Standards for Collection and Control Equipment.'' Various 
    operational provisions that had previously been located throughout the 
    proposed rule have been organized under this one section, and new 
    provisions on collection and control systems have been added. The new 
    section addresses the following areas: (1) Collection of gas from 
    active areas containing solid waste older than 5 years (changed from 2 
    years at proposal); (2) operation of the collection system with 
    negative pressure at each wellhead (except as noted in the rule); (3) 
    operation of the collection system with a landfill temperature less 
    than 55 deg. (or a higher established temperature) and either an 
    N2 level less than or equal to 20 percent or an O2 level less 
    than or equal to 5 percent; (4) operation of the collection system with 
    a surface concentration less than 500 ppm methane; (5) venting all 
    collected gases to a treatment or control device; and (6) operation of 
    the treatment or control device at all times when the collected gas is 
    routed to the control device. The numerical requirements (for the 
    N2 or O2 levels, landfill temperature,
    
    [[Page 9912]]
    and surface concentration) are new requirements that will verify that 
    the system is being adequately operated and maintained. In conjunction 
    with the new operational provisions, the compliance, testing and 
    monitoring sections were revised to reference and support these new or 
    relocated provisions.
    
    F. Surface Emission Monitoring
    
        Numerous commenters asserted that the proposed rules did not 
    address surface methane emissions resulting from insufficient well 
    spacing or from breaks in the cover material. The commenters 
    recommended that monitoring of surface emissions be required to ensure 
    the proper operation of collection system equipment. Upon further 
    analysis, the EPA decided to require surface emission monitoring and 
    the maintenance of negative pressure at all wells, except under 
    specified conditions, to ensure proper collection system design and 
    operation. Based on information submitted by commenters, a maximum 
    surface concentration of 500 ppm methane should be demonstrated to 
    indicate proper operation of the collection system. Monitoring is to be 
    done quarterly, with provisions for increasing monitoring and 
    corrective procedures if readings above 500 ppm are detected. 
    Instrumentation specifications, monitoring frequencies, and monitoring 
    patterns have been structured to provide clear and straight-forward 
    procedures that are the minimum necessary to assure compliance.
    
    G. Model Default Values
    
        The EPA received additional data after proposal on the model 
    defaults that were included in the tier system calculations. These 
    default values are used to calculate whether the NMOC concentration is 
    above the cutoff level for control requirements of 50 Mg/yr. The new 
    information received lead the EPA to revise the default values for the 
    site-specific methane generation rate constant (k), the methane 
    generation potential (Lo), and the NMOC concentration 
    (CNMOC). In the absence of site-specific data, the landfill owner 
    or operator would use the default values for k, Lo, and CNMOC 
    in order to estimate the annual NMOC emission rate. More information on 
    the model defaults may be found in the final BID (EPA-453/R-94-021) and 
    the memorandum ``Documentation of Small-Size Exemption Cutoff Level and 
    Tier 1 Default Values (Revised),'' October 21, 1993, (Docket No. A-88-
    09, Item No. IV-B-5).
        The Tier 1 default values of k, Lo, and CNMOC tend to 
    overstate NMOC emission rates for most landfills, and are intended to 
    be used to indicate the need to install a collection and control system 
    or perform a more detailed Tier 2 analysis. It is recommended that 
    these default values not be used for estimating landfill emissions for 
    purposes other than the NSPS and EG. The EPA document ``Compilation of 
    Air Pollution Emission Factors'' (AP-42) provides emission estimation 
    procedures and default values that can be used for emissions 
    inventories and other purposes.
    
    VII. Permitting
    
    A. New Source Review Permits
    
        Today's rulemaking under section 111(b) establishes a new 
    classification of pollutants subject to regulation under the CAA: ``MSW 
    landfill emissions.'' Therefore, PSD rules now apply to all subject 
    stationary sources which have increases in landfill gas above the 
    significance level, 50 tpy or more of NMOC. Landfills below the 2.5 
    million Mg design capacity exemption, which are not required by the 
    regulations to install controls, may exceed this significance level. In 
    this case, the State will need to determine if controls should be 
    installed for purposes of PSD or NSR compliance.
        The proposed significance level for MSW landfill emissions of 40 
    tpy of NMOC was changed to 50 tpy after consideration of public 
    comments. The PSD significance level for VOC emissions is 40 tpy. At 
    proposal, the landfill gas emission level was set at 40 tpy of NMOC to 
    be consistent with the 40 tpy level for VOC. However, NMOC contains 
    organic compounds that are not VOC. An NMOC emission rate of roughly 50 
    tpy corresponds to a VOC emission rate of 40 tpy.
        The components of MSW landfill emissions that are regulated as 
    pollutants or precursors of an air pollutant listed under section 108 
    of the CAA are also regulated by other provisions of CAA as applicable. 
    For example, the components of MSW landfill emissions that are emitted 
    as photochemically reactive VOCs are regulated, as applicable, under 
    the nonattainment provisions for ozone contained in part D of title I 
    of the CAA.
    
    B. Operating Permits
    
        Section 502 of the CAA and Sec. 70.3(a) require any source subject 
    to standards or regulations under section 111 of the CAA to obtain part 
    70 operating permits. However, landfills below 2.5 million Mg design 
    capacity are not subject to standards under section 111 because they 
    are not required to put on controls and are not subject to emission 
    limits. These landfills are subject to a reporting requirement under 
    the section 111 rule; however, this requirement determines 
    applicability of the standard and does not make them ``subject'' for 
    the purposes of part 70. Consequently, landfills below 2.5 million Mg 
    design capacity are not subject to part 70, provided they are not major 
    sources; and this is stated in Sec. 60.752(a) of the rule. If landfills 
    below 2.5 million Mg design capacity are major sources, they must 
    obtain a part 70 permit under the same deadlines and requirements that 
    apply to any other major source. States may request additional 
    information to verify whether landfills have the potential to emit at 
    major source levels.
        For landfills above the 2.5 million Mg design capacity exemption, 
    part 70 operating permits are required. These landfills are subject to 
    emission limits and will most often be major sources. Since landfill 
    emissions increase over time, a landfill over 2.5 million Mg may not be 
    major in the beginning; however, as the landfill progresses to 
    capacity, it may become major. Many of the landfills above the 2.5 
    million Mg exemption will be required to collect and control the gas 
    under the regulation. The issuance of a permit will also help enforce 
    and implement the standard. Therefore, the EPA has decided to require 
    permits for all landfills with design capacities above 2.5 million Mg, 
    whether or not the landfill will be required to install a collection 
    and control system.
        The regulation also provides for termination of operating permits. 
    Landfill emissions, unlike emissions from other source categories, 
    decrease over time after the landfill is closed. If a landfill has 
    closed and a control system was never required or the conditions for 
    control system removal specified in the regulation have been met, an 
    operating permit is no longer necessary.
    
    VIII. Administrative Requirements
    
    A. Docket
    
        The docket (Docket No. A-88-09) is an organized and complete file 
    of all the information considered by the EPA in the development of this 
    rulemaking. The docket is a dynamic file, since material is added 
    throughout the rulemaking development. The docketing system is intended 
    to allow members of the public and industries involved to readily 
    identify and locate documents so that they can effectively participate 
    in the rulemaking process. Along with
    
    [[Page 9913]]
    the statement of basis and purpose of the proposed and promulgated 
    standards and the EPA responses to significant comments, the contents 
    of the docket, except for interagency review materials, will serve as 
    the record in case of judicial review [section 307(d)(7)(A)].
    
    B. Paperwork Reduction Act
    
        The information collection requirements in this rule have been 
    submitted for approval to the Office of Management and Budget (OMB) 
    under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
    Information Collection Request (ICR) document has been prepared by the 
    EPA (ICR No. 1557.03) and a copy may be obtained from Sandy Farmer, 
    OPPE Regulatory Information Division; U.S. Environmental Protection 
    Agency (2137); 401 M St., S.W.; Washington, DC 20460, or by calling 
    (202) 260-2740. The information requirements are not effective until 
    OMB approves them.
        The information required to be collected by this rule is necessary 
    to identify the regulated entities who are subject to the rule and to 
    ensure their compliance with the rule. The recordkeeping and reporting 
    requirements are mandatory and are being established under authority of 
    section 114 of the Act. All information submitted as part of a report 
    to the Agency for which a claim of confidentiality is made will be 
    safeguarded according to the Agency policies set forth in title 40, 
    chapter 1, part 2, subpart B--Confidentiality of Business Information 
    (see 40 CFR 2; 41 FR 36902, September 1, 1976, amended by 43 FR 39999, 
    September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 
    23, 1979).
        The total annual reporting and recordkeeping burden for this 
    collection, averaged over the first 3 years of the NSPS applicability 
    to new MSW landfills, is estimated to be 3,379 person hours per year. 
    This is the estimated burden for 299 respondents (e.g., MSW landfill 
    owners/operators) per year, at an estimated annual reporting and 
    recordkeeping burden averaging 11.3 hours per respondent. The rule 
    requires an initial one-time notification of landfill design capacity. 
    If the landfill is larger than the design capacity cutoff, annual 
    reports are required. The capital cost to purchase required monitoring 
    equipment is $8,100 per monitor. The total annualized capital and 
    startup costs for purchase of monitoring equipment are $80,250. The 
    total national annual cost burden including all labor costs and 
    annualized capital costs for recordkeeping and reporting is $188,850.
        Burden means the total time, effort, or financial resources 
    expended by persons to generate, maintain, retain, or 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.
    
    C. Executive Order 12866
    
        Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
    EPA must determine whether the regulatory action is ``significant'' and 
    therefore subject to OMB review and the requirements of the Executive 
    Order. The Order defines ``significant regulatory action'' as one that 
    is likely to result in a rule that may: (1) Have an annual effect on 
    the economy of $100 million or more or adversely effect in a material 
    way the economy, a sector of the economy, productivity, competition, 
    jobs, the environment, public health or safety, or State, local, or 
    Tribal governments or communities; (2) create a serious inconsistency 
    or otherwise interfere with an action taken or planned by another 
    agency; (3) materially alter the budgetary impact of entitlement, 
    grants, user fees, or loan programs or the rights and obligations of 
    recipients thereof; or (4) raise novel legal or policy issues arising 
    out of legal mandates, the President's priorities, or the principles 
    met forth in the Executive Order.
        Pursuant to the terms of Executive Order 12866, this action was 
    submitted to OMB for review. Changes made in response to OMB 
    suggestions or recommendations are documented in the public record.
    
    D. Executive Order 12875
    
        To reduce the burden of Federal regulations on States and small 
    governments, the President issued E.O. 12875 on October 26, 1993. Under 
    E.O. 12875, the EPA is required to consult with representatives of 
    affected State, local, and tribal governments. Because this regulatory 
    action imposes costs to the private sector and government entities in 
    excess of $100 million per year, the EPA pursued the preparation of an 
    unfunded mandates statement, consultations, and other requirements of 
    the Unfunded Mandates Reform Act. The requirements are met as presented 
    under the following unfunded mandates section (section VIII.E of this 
    notice).
    
    E. Unfunded Mandate Reform Act
    
        Under section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, the 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 per year. Section 203 requires the Agency 
    to establish a plan for informing and advising any small governments 
    that may be significantly or uniquely affected by the rule. Section 204 
    requires that the Agency ``to the extent permitted in law, develop an 
    effective process to permit elected officers of State, local, and 
    tribal governments * * * to provide meaningful and timely input in the 
    development of regulatory proposals containing significant Federal 
    intergovernmental mandates''. Under section 205(a), the EPA must select 
    the ``least costly, most cost-effective or least burdensome alternative 
    that achieves the objectives of the rule'' and is consistent with 
    statutory requirements.
        The unfunded mandates statement under section 202 must include: (1) 
    A citation of the statutory authority under which the rule is proposed, 
    (2) an assessment of the costs and benefits of the rule including the 
    effect of the mandate on health, safety and the environment, and the 
    Federal resources available to defray the costs, (3) where feasible, 
    estimates of future compliance costs and disproportionate impacts upon 
    particular geographic or social segments of the nation or industry, (4) 
    where relevant, an estimate of the effect on the national economy, and 
    (5) a description of the EPA's consultation with State, local, and 
    tribal officials.
        Because this rule is estimated to impose costs to the private 
    sector and governments entities in excess of $100 million per year 
    (based on tenth or fifteenth year annualized values), it is considered 
    a significant regulatory action.
        The EPA has thus prepared the following statement with respect to 
    sections 202 through 205 of the Unfunded Mandates Act.
    1. Statutory Authority
        As discussed in section II of this preamble, the statutory 
    authority for this rulemaking is section 111 of the CAA. The rule 
    establishes emission guidelines
    
    [[Page 9914]]
    for existing MSW landfills and standards of performance for new MSW 
    landfills. Section 111(a)(1) of the requires that standards of 
    performance for new sources reflect the--
    
        * * * degree of emission limitation and the percentage reduction 
    achievable through application of the best technological system of 
    continuous emission reduction which (taking into consideration the 
    cost of achieving such emission reduction, any nonair quality health 
    and environmental impact and energy requirements) the Administrator 
    determines has been adequately demonstrated.
    
        Section 111(d) requires emission guidelines for existing sources to 
    reflect a similar degree of emission reduction.
        These systems are referred to as BDT for new and existing sources.
        Properly operated gas collection and control systems achieving 98 
    percent emission reduction have been demonstrated on landfills of the 
    size affected by the standards and EG, and represent BDT. Control 
    technologies and their performance are discussed in the preamble to the 
    proposed rules (56 FR 24476, May 30, 1991).
        In selecting BDT, the EPA also considered which landfills should be 
    required to apply collection and control systems. A range of landfill 
    design capacity and emission rate cutoffs were evaluated, as described 
    below in section 2.b ``Regulatory Alternatives Considered.'' The 
    promulgated standards contain a design capacity exemption of 2.5 
    million Mg or 2.5 million cubic meters and an emission rate cutoff of 
    50 Mg NMOC/yr.
        The EPA considered emission reduction, costs, and energy 
    requirements, as required by the statutory language of section 111 of 
    the CAA, in selecting the promulgated standards and EG. The promulgated 
    standards represent BDT. They achieve significant reductions in 
    landfill gas emissions--a 53 percent reduction in NMOC emissions, and a 
    39 percent reduction in methane reduction emissions nationwide. The 
    cost impacts of the standards are presented in section V.B and in 
    section VII.E.2 (below). The public entities and affected industries 
    who were consulted, as required by the Unfunded Mandates Reform Act, 
    understand the cost impacts and support the final rules (see Section 4, 
    ``Consultation with Government Officials'' below). The energy impacts 
    are discussed in section V.B of this notice. To the extent energy 
    recovery devices are used to comply with the rules, the rules will 
    result in a net energy savings (production of energy).
        Compliance with section 205(a): Regarding the EPA's compliance with 
    section 205(a), the EPA did identify and consider a reasonable number 
    of alternatives, and presents a summary of these below. The EPA has 
    chosen to adopt the alternative with a size cutoff of 2.5 million Mg 
    capacity, and 50 Mg/yr emissions. The incremental cost effectiveness of 
    this 50 Mg/yr option is $6,250 per ton of NMOC reduced (versus the less 
    stringent 75 Mg/yr option). This cost effectiveness is much higher than 
    is typical for NMOC (or VOC) controls in NSPSs. However, the EPA also 
    considers the reductions in methane achieved by this 50 Mg/yr option as 
    necessary to ``achieve the objectives'' of section 111. The additional 
    methane reductions achieved by this option are also an important part 
    of the total carbon reductions identified under the Administration's 
    1993 Climate Change Action Plan. The EPA thus concludes that the chosen 
    alternative is the most cost-effective to achieve the objectives of 
    section 111, as called for in section 205(a).
    2. Social Costs and Benefits
        This assessment of the cost and benefits to State, local, and 
    tribal governments of the guidelines is based on EPA's ``Economic 
    Impact Analysis for Proposed Emission Standards and Guidelines for 
    Municipal Solid Waste Landfills'' and updates to the analysis contained 
    in ``Air Emissions from Municipal Solid Waste Landfills--Background 
    Information for Final Standards and Guidelines'' (EPA-453/R-94-021). 
    Measuring the social costs of the guidelines requires identification of 
    the affected entities by ownership (public or private), consideration 
    of regulatory alternatives, calculation of the regulatory compliance 
    costs for each affected entity, and assessment of the market 
    implications of the additional pollution control costs. Considering the 
    social benefits of the guidelines requires estimating the anticipated 
    reductions in emissions at MSW landfills due to regulation and 
    identifying the harmful effects of exposure to MSW landfill emissions. 
    Quantitative valuation of the expected benefits to society was not done 
    for this rule.
        a. Affected Entities. The standards of performance for new sources 
    will require control of approximately 43 new landfills constructed in 
    the first 5 years the standards are in effect. The EG will require 
    control of approximately 312 existing landfills. This represents less 
    than 5 percent of the total number of landfills in the U.S.
        Of the landfills required to install controls, about 30 percent of 
    the existing landfills and 20 percent of the new landfills are 
    privately owned. The remainder are publicly owned. (These percentages 
    are taken from section 3.2.1 of the promulgation BID (EPA-453/R-94-
    021). While that analysis used a design capacity exemption level of 1 
    million Mg rather than the 2.5 million Mg exemption level contained in 
    the final rule, the percentage of private versus publicly owned 
    landfills would be similar.
        b. Regulatory Alternatives Considered. Under section 205 of the 
    Unfunded Mandates Act, the Agency must identify and consider a 
    reasonable number of regulatory alternatives before promulgating a rule 
    for which a budgetary impact statement must be prepared. The Agency 
    must select from those alternatives the least costly, most cost-
    effective, or least burdensome alternative that achieves the objectives 
    of the rule, unless the Agency explains why this alternative is not 
    selected or the selection of this alternative is inconsistent with the 
    law.
        A number of alternatives were considered. These included design 
    capacity exemption levels of 1, 2.5, and 3 million Mg and emission rate 
    cutoffs of 50, 75, 100, and 150 Mg/year. Table 3 presents the impacts 
    of alternative design capacity exemption levels for existing landfills. 
    Table 4 presents the impacts of alternative emission rate cutoffs for 
    existing landfills. Tables 5 and 6 present alternative design capacity 
    exemption levels and emission rate cutoffs for new landfills.
    
             Table  3.--Alternative Design Capacity Exemption Level Options for the Emission Guidelines a,b,        
    ----------------------------------------------------------------------------------------------------------------
                                                                 Annuald                                            
                                     Number       Annual c       methane     Annual cost  NMOC average      NMOC    
     Small size cutoff (millions    landfills       NMOC        emission     (million $/  cost eff. ($/  Incremental
                 Mg)                affected      emission      reduction        yr)           Mg)      cost eff. ($/
                                                  reduction      (Mg/yr)                                     Mg)    
    -----------------------------------------------(Mg/yr)----------------------------------------------------------
    Baseline e                                                                                                      
    3,000,000...................           273        73,356     3,220,000            84         1,145         1,145
    
    [[Page 9915]]
                                                                                                                    
    2,500,000...................           312        77,600     3,370,000            89         1,147         1,178
    1,000,000...................           572        97,600     3,990,000           119         1,219         1,500
    No cutoff f.................         7,299       142,000     8,270,000           719         5,063        13,514
    ----------------------------------------------------------------------------------------------------------------
    a Emission rate cutoff level of 50 Mg NMOC/yr.                                                                  
    b All values are fifth year annualized.                                                                         
    c NMOC emission reductions are from a baseline of 145,000 Mg NMOC/yr.                                           
    d Methane emission reductions are from a baseline of 8,400,000 Mg methane/yr.                                   
    e In the absence of an emission guidelines.                                                                     
    f No emission rate cutoff and no design capacity exemption level.                                               
    
    
    
            Table 4.--Alternative NMOC Emission Rate Stringency Level Options for the Emission Guidelines a,b       
    ----------------------------------------------------------------------------------------------------------------
                                                                Annual d                                            
                                     Number       Annual c       methane     Annual cost  NMOC average      NMOC    
      Emission rate cutoff (Mg      landfills       NMOC        emission     (million $/  cost eff. ($/  Incremental
              NMOC/yr)              affected      emission      reduction        yr)           Mg)      cost eff. ($/
                                                  reduction      (Mg/yr)                                     Mg)    
    -----------------------------------------------(Mg/yr)----------------------------------------------------------
    Baseline e..................                                                                                    
    150.........................           142        66,600     2,210,000            51           766           766
    100.........................           201        72,700     2,720,000            66           908         2,459
    75..........................           250        76,000     3,080,000            79         1,039         3,939
    50..........................           312        77,600     3,370,000            89         1,147         6,250
    No cutoff f.................         7,299       142,000     8,270,000           719         5,063         9,783
    ----------------------------------------------------------------------------------------------------------------
    a Design capacity exemption level of 2,500,000 Mg of refuse.                                                    
    b All values are fifth year annualized.                                                                         
    c NMOC emission reductions are from a baseline of 145,000 Mg NMOC/yr.                                           
    d Methane emission reductions are from a baseline of 8,400,000 Mg methane/yr.                                   
    e In the absence of an emission guidelines.                                                                     
    f No emission rate cutoff and no design capacity exemption level.                                               
    
    
       Table 5.--Alternative Design Capacity Exemption Level Options for the New Source Performance Standards a, b  
    ----------------------------------------------------------------------------------------------------------------
                                                                Annual d                                            
                                     Number       Annual c       methane      Annual e    NMOC average     NMOC f   
     Small size cutoff (millions    landfills       NMOC        emission        cost      cost eff. ($/  Incremental
                Mgr)                affected      emission      reduction    (million $/       Mg)      cost eff. ($/
                                                  reduction      (Mg/yr)         yr)                         Mg)    
    -----------------------------------------------(Mg/yr)----------------------------------------------------------
    Baseline g..................                                                                                    
    3,000,000...................            41         4,900       193,000             4           816       N/A    
    2,500,000...................            43         4,900       193,000             4           816       N/A    
    1,000,000...................            89         4,900       193,000             4           816       N/A    
    No cutoff h.................           872        13,115       881,000            81         6,176       N/A    
    ----------------------------------------------------------------------------------------------------------------
    a Emission rate cutoff level of 50 Mg NMOC/yr.                                                                  
    b All values are fifth year annualized.                                                                         
    c NMOC emission reductions are from a baseline of 13,400 Mg NMOC/yr.                                            
     d Methane emission reductions are from a baseline of 899,000 Mg methane/yr.                                    
    e Due to rounding off to the nearest million dollar, cost values do not appear to change for each option.       
      However, actual costs are slightly less for a less stringent option.                                          
    f Because the annual cost does not change enough to show a different cost from one option to the next,          
      incremental cost effectiveness values are not applicable.                                                     
    g In the absence of a standard.                                                                                 
    h No emission rate cutoff and no design capacity exemption level.                                               
    
    
     Table 6.--Alternative NMOC Emission Rate Stringency Level Options for the New Source Performance Standards a,b 
    ----------------------------------------------------------------------------------------------------------------
                                                 Annual c,d    Annual c,e                                           
                                     Number         NMOC         methane      Annual f    NMOC average     NMOC g   
      Emission rate cutoff (Mg      landfills     emission      emission        cost      cost eff. ($/  Incremental
              NMOC/yr)              affected      reduction     reduction    (million $/       Mg)      cost eff. ($/
                                                   (Mg/yr)       (Mg/yr)         yr)                         Mg)    
    ----------------------------------------------------------------------------------------------------------------
    Baseline h..................                                                                                    
    150.........................            14         5,200       187,000             4           769       NA     
    100.........................            25         5,100       203,000             4           784       NA     
    75..........................            33         5,000       194,000             4           800       NA     
    
    [[Page 9916]]
                                                                                                                    
    50..........................            43         4,900       193,000             4           816       NA     
    No Cutoff i.................           872        13,115       881,000            81         6,176       NA     
    ----------------------------------------------------------------------------------------------------------------
    a Design capacity exemption level of 2,500,000 Mg of refuse.                                                    
    b All values are fifth year annualized.                                                                         
    c Because of the small number of landfills and the longer time period of control for a given landfill at a more 
      stringent option, the average annual emission reduction appears to decrease for a more stringent option.      
      However, the emission reduction for a given year increase for more stringent options.                         
    d NMOC emission reductions are from a baseline of 13,400 Mg NMOC/yr.                                            
    e Methane emission reductions are from a baseline of 899,000 Mg NMOC/yr.                                        
    f Due to rounding off to the nearest million dollar, cost values do not appear to change for each option.       
      However, actual costs are slightly less for a less stringent option.                                          
    g Because the annual cost does not change enough to show a different cost from one option to the next,          
      incremental cost effectiveness values are not applicable.                                                     
    h In the absence of a standard.                                                                                 
    i No emission rate cutoff and no design capacity exemption level.                                               
    
    
        The design capacity cutoff of 2.5 million Mg or 2.5 million cubic 
    meters was chosen as a result of changes to the nationwide impacts 
    analysis and to relieve as many small businesses and municipalities as 
    possible from the regulatory requirements while still maintaining 
    significant emission reduction. The 2.5 million Mg cutoff level exempts 
    landfills that serve populations of less than about 125,000 people from 
    periodic reporting and control requirements. This cutoff excludes those 
    landfills who would be least able to afford the costs of a landfill gas 
    collection and control system. A less stringent design capacity 
    exemption level (e.g., 3 million Mg) was not selected because it would 
    result in less emissions reductions. A more stringent design capacity 
    exemption level (e.g., 1 million Mg) was not selected because it would 
    increase the number of landfills required to apply control by over 80 
    percent (572 vs. 312 existing landfills) while only achieving an 
    additional 25 percent NMOC emission reduction (see table 3). It would 
    also increase national costs and subject smaller government entities to 
    the regulatory requirements, since smaller governments typically 
    operate smaller landfills.
        The emission rate cutoff of 50 Mg/yr of NMOC was chosen because, in 
    conjunction with the 2.5 million Mg design capacity cutoff, it will 
    require control of less than 5 percent of all landfills, yet is 
    estimated to reduce NMOC emissions by approximately 53 percent and 
    methane emissions by 39 percent. The Climate Change Action Plan, signed 
    by the President in October 1993, calls for the EPA to promulgate a 
    ``tough'' landfill gas rule as soon as possible.
        The average cost effectiveness is about $1,150/Mg NMOC (see table 
    4). While the incremental cost effectiveness for NMOC control of going 
    from a cutoff of 75 Mg/yr to a 50 Mg/yr cutoff is high ($6,250/Mg 
    NMOC), this value does not include any credit for the benefits of 
    toxics, odor, explosion control, or the indirect benefit of methane 
    control. The economic analysis indicated that the final rule (including 
    the 50 Mg/yr cutoff level) would cause a relatively small increase in 
    waste disposal costs compared to the current costs and would not result 
    in severe economic impacts on households (see section C. ``Social 
    Costs'' below).
        A more stringent option (e.g., no cutoff) was not chosen because 
    the average and incremental cost and cost effectiveness was not 
    reasonable (see table 4). Less stringent emission rate cutoff levels 
    were not chosen because they result in less NMOC and methane reduction, 
    and would not be consistent with the section 111 statutory requirement 
    to base emission standards on BDT.
        The public entities with whom the EPA consulted understood the 
    EPA's concerns regarding the loss of emission reductions by changing 
    the proposed capacity exemption level from 100,000 Mg to 5 million Mg 
    and agreed that 2.5 million relieved 90 percent of the landfills from 
    the burden of regulation and was reasonable.
        c. Social Costs. The regulatory compliance costs of reducing air 
    emissions from MSW landfills include the total and annualized capital 
    costs; operating and maintenance costs; monitoring, inspection, 
    recordkeeping, and reporting costs; and total annual costs. The 
    annualized capital cost is calculated using a 7 percent discount rate. 
    The total annual cost is calculated as the sum of the annualized 
    capital cost; operating and maintenance costs; and the monitoring, 
    inspection, recordkeeping, and reporting costs.
        The total nationwide annualized cost for collection and control of 
    air emissions from new MSW landfills are estimated to be $4 million. 
    The nationwide costs of the EG for existing landfills is estimated to 
    be about $90 million. The annual cost of waste disposal is estimated to 
    increase by an average of $0.60/Mg for the NSPS and $1.30/Mg for the 
    EG. Costs per household would increase by approximately $2.50 to $5.00 
    per year for households served by a new or existing landfill, 
    respectively, that is required to install a collection and control 
    system. Because the rule requires control of only about 5 percent of 
    the landfills in the U.S. many households would experience no increase 
    in disposal costs. Furthermore, if affected landfills choose to use 
    energy recovery systems, the cost per household in those areas would be 
    less. The EPA has concluded that households would not incur severe 
    economic impacts. For additional information, please refer to the 
    regulatory impacts analysis (Docket No. A-88-09, Item IV-A-7) and 
    chapter 3 of the promulgation BID (EPA-453/R-94-021). There are no 
    Federal funds available to assist State and local governments in 
    meeting these costs.
        d. Social Benefits. Society will benefit from the NSPS and EG 
    through the reduction of landfill gas emissions, including NMOC and 
    methane reductions. The total nationwide annualized emission reduction 
    of the EG is estimated to be 77,600 Mg/yr of NMOC and 3,370,000 Mg/yr 
    of methane.
    
    [[Page 9917]]
    The total nationwide annualized emission reduction for the NSPS is 
    about 4,900 Mg/yr of NMOC and 881,000 Mg/yr of methane.
        The NMOC's present several hazards to human health. The NMOC's 
    participate in chemical reactions leading to the formation of ozone, 
    which causes health effects. Also, certain NMOC's have cancer risks and 
    cause noncancer health effects.
        Ozone is created by sunlight acting on NOX and NMOC's in 
    ambient air. Ozone leads to alterations in pulmonary function, 
    aggravation of pre-existing respiratory disease, damage to lung 
    structure, and adverse effects on blood enzymes, the central nervous 
    system, and endocrine systems. Ozone also warrants control due to its 
    welfare effects, specifically, reduced plant growth, decreased crop 
    yield, necrosis of plant tissue, and deterioration of certain synthetic 
    materials such as rubber (Docket No. A-88-09, Item Nos. II-A-26, II-I-
    16, etc.).
        There is also concern about cancer risks from landfill NMOC 
    emissions. In reviewing limited emissions data from MSW landfills, EPA 
    identified both known and suspected carcinogens such as benzene, carbon 
    tetrachloride, chloroform, ethylene dichloride, methylene dichloride, 
    perchloroethylene, trichloroethylene, vinyl chloride, and vinylidene 
    chloride. Prior to proposal, the EPA attempted to apply statistical 
    methods to the limited data to generate the average annual increased 
    cancer incidence and the maximum individual risk (MIR). In evaluating 
    the result of the calculations for annual incidence and MIR, the EPA 
    could not determine reasonable estimates of either an annual incidence 
    or the MIR. The EPA concluded, at proposal, that the uncertainties in 
    the database are too great to calculate credible estimates of the 
    cancer risks associated with MSW landfills.
        Another benefit of the NSPS and EG is reduced fire explosion hazard 
    through reduction of methane emissions. The EPA has documented many 
    cases of acute injury and death caused by explosions and fires related 
    to municipal landfill gas emissions. In addition to these health 
    effects, the associated property damage is a welfare effect. 
    Furthermore, when the migration of methane and the ensuring hazard are 
    identified, adjacent property values can be adversely affected (Docket 
    No. A-88-09, Item Nos. II-I-6, II-I-7, etc.)
        Another aspect of MSW landfill emissions is the offensive odor 
    associated with landfills. While the nature of the wastes themselves 
    contribute to the problem of odor, the gaseous decomposition products 
    are often characteristically malodorous and unpleasant. Various welfare 
    effects may be associated with odors, but due to the subjective nature 
    of the impact and perception of odor, it is difficult to quantify these 
    effects. Studies indicate that unpleasant odors can discourage capital 
    investment and lower the socioeconomic status of an area. Odors have 
    been shown to interfere with daily activities, discourage facility use, 
    and lead to a decline in property values, tax revenues, and payroll 
    (Docket No. A-88-09, Item Nos. II-I-6, II-I-7, etc.)
        An ancillary benefit from regulating air emissions from MSW 
    landfills is a reduction in the contribution of MSW landfill emissions 
    to global emissions of methane. Methane is a major greenhouse gas, and 
    is 20 to 30 times more potent than CO2 on a molecule-per-molecule 
    basis. This is due to the radiative characteristics of methane and 
    other effects methane has on atmospheric chemistry. There is a general 
    concern within the scientific community that the increasing emissions 
    of greenhouse gases could lead to climate change, although the rate and 
    magnitude of these changes are uncertain.
        In conclusion, while the social benefits of the rule have not been 
    quantified, significant health and welfare benefits are expected to 
    result from the reduction in landfill gas emissions caused by the rule.
    3. Effects on the National Economy
        The Unfunded Mandates Act requires that the EPA estimate ``the 
    effect'' of this rule--
    
        ``on the national economy, such as the effect on productivity, 
    economic growth, full employment, creation of productive jobs, and 
    international competitiveness of the U.S. goods and services, if and 
    to the extent that the EPA in its sole discretion determines that 
    accurate estimates are reasonably feasible and that such effect is 
    relevant and material.''
    
        As stated in the Unfunded Mandates Act, such macroeconomic effects 
    tend to be measurable, in nationwide econometric models, only if the 
    economic impact of the regulation reaches 0.25 to 0.5 percent of gross 
    domestic product (in the range of $1.5 billion to $3 billion). A 
    regulation with a smaller aggregate effect is highly unlikely to have 
    any measurable impact in macroeconomic terms unless it is highly 
    focused on a particular geographic region or economic sector. For this 
    reason, no estimate of this rule's effect on the national economy has 
    been conducted.
    4. Consultation with Government Officials
        The Unfunded Mandates Act requires that the EPA describe the extent 
    of the EPA's consultation with affected State, local, and tribal 
    officials, summarize the officials' comments or concerns, and summarize 
    the EPA's response to those comments or concerns. These goals were 
    addressed through meetings held with a number of public entities over 
    the course of six months. Those entities included the US Conference of 
    Mayors, the National League of Cities, the National Governor's 
    Association, the National Association of Counties, and the Solid Waste 
    Association of North America (SWANA). Through these meetings, these 
    entities were informed of the rule, educated about it, and advised as 
    to whether or not they would be impacted by it. These initial education 
    and information sharing meetings were followed by meetings in which 
    consultations and analysis of various alternatives took place. 
    Documentation of all meetings and public comments can be found in 
    Docket A-88-09.
        Various concerns were discussed during the meetings. These concerns 
    included: (1) The design capacity cutoff; (2) collection wells, their 
    costing and installation requirements; (3) design specifications for 
    collection systems; (4) well head nitrogen measurement of 20 percent; 
    and (5) the surface monitoring requirements.
        As a result of these consultations, the EPA decided to modify the 
    final regulatory package to address these concerns. In the final 
    regulatory package promulgated today: (1) The design capacity cutoff 
    has been raised from the proposed level of 100,000 to 2.5 million Mg; 
    (2) Changes were made to the way the costing algorithm calculates the 
    number of vertical collection wells. The rule was also changed to 
    require active areas to install wells 5 years from initial waste 
    placement instead of 2 years. Closed areas or areas at final grade must 
    install a collection system within 2 years; (3) Prescriptive design 
    specifications have been removed from the rule and replaced with 
    general criteria. The EPA is developing an Enabling Document to assist 
    State and local permitting agencies in their review of designs; (4) 
    Well head pressure monitoring can meet either 20 percent nitrogen or 5 
    percent oxygen; (5) Surface monitoring is to be done quarterly instead 
    of monthly, not to exceed 500 ppm methane above background.
        These changes were made in response to consultations held regarding 
    burden of the regulation and as a result of new
    
    [[Page 9918]]
    data presented by the entities with whom the EPA met. A letter from the 
    Solid Waste Management of North America and SWAC to the EPA 
    demonstrates their support of this decision. Detailed summaries of the 
    meetings and the letter can be obtained from the Docket A-88-09.
        Documentation of the EPA's consideration of comments on the 
    proposed standards and guidelines is provided in the BID's for the 
    proposed and final standards and guidelines. Refer to the ADDRESSES 
    section of this preamble for information on how to acquire copies of 
    these documents.
        The final rule reflects a minimization of burden on small landfills 
    and does not create an unreasonable burden for large public entities. 
    The EPA has considered the purpose and intent of the Unfunded Mandate 
    Act and has determined the landfill NSPS and EG are needed.
    
    F. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the 
    EPA to give special consideration to the impact of regulation on small 
    businesses, small organizations, and small governmental units. The 
    Regulatory Flexibility Act specifies that EPA must prepare an initial 
    regulatory flexibility analysis if a regulation will have a significant 
    economic impact on a substantial number of small entities.
        Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
    U.S.C. 605(b), the Administrator certifies that this rule will not have 
    a significant economic impact on a substantial number of small 
    entities.
        The final NSPS and Eg exempt small landfills that have a design 
    capacity below 2.5 million Mg of MSW. This design capacity exemption 
    will exempt landfills that serve communities of 125,000 people or less, 
    assuming the typical waste generation rate of 5 lb of waste per person 
    per day and an average landfill age of 20 years. Section 601 of the 
    Regulatory Flexibility Act defines a ``small governmental 
    jurisdiction'' as governments of cities, counties, towns, or other 
    districts with a population less than 50,000. The design capacity 
    exemption will exempt landfills that serve small governmental 
    jurisdictions. Therefore, the landfills NSPS and EG will have no impact 
    on small entities.
        The NSPS and EG will require periodic emissions calculations or 
    control of emissions from only the largest 10 percent of landfills in 
    the U.S. By controlling these large landfills, the rules will 
    significantly reduce landfill gas emissions, which have adverse effects 
    on human health and welfare, contribute to global warming, and can 
    create odors and explosion hazards. In consideration of the potential 
    regulatory burden on small entities and in response to public comment, 
    the landfill design capacity in the proposed rule was raised to 2.5 
    million Mg/yr, thereby exempting small entities.
    
    G. Miscellaneous
    
        The effective date of this regulation is March 12, 1996. Section 
    111(b)(1)(B) of the CAA provides that standards of performance or 
    revisions thereof become effective upon promulgation and apply to 
    affected facilities of which the construction or modification was 
    commenced after the date of proposal, May 31, 1991.
        As prescribed by section 111, the promulgation of these standards 
    was preceded by the Administrator's determination that MSW landfills 
    contribute significantly to air pollution that may reasonably be 
    anticipated to endanger public health or welfare. In accordance with 
    section 117 of the CAA, publication of these promulgated standards was 
    preceded by consultation with appropriate advisory committees, 
    independent experts, and Federal departments and agencies.
        This regulation will be reviewed 4 years from the date of 
    promulgation as required by the CAA. This review will include an 
    assessment of such factors as the need for integration with other 
    programs, the existence of alternative methods, enforceability, 
    improvements in emission control technology, and reporting 
    requirements.
        Section 317 of the CAA requires the Administrator to prepare an 
    economic impact assessment for any NSPS promulgated under section 
    111(b) of the CAA. An economic impact assessment was prepared for this 
    regulation and for other regulatory alternatives. All aspects of the 
    assessment were considered in the formulation of the standards to 
    ensure that cost was carefully considered in determining the BDT. The 
    economic impact assessment is included in the BID for the proposed 
    standards and in Chapter 3 of the promulgation BID.
    
    List of Subjects
    
    40 CFR Part 51
    
        Environmental protection, Air pollution control.
    
    40 CFR Part 52
    
        Air pollution control.
    
    40 CFR Part 60
    
        Environmental protection, Air pollution control, Intergovernmental 
    relations, reporting and recordkeeping requirements, Municipal solid 
    waste landfills, Municipal solid waste.
    
        Dated: March 1, 1996.
    Carol M. Browner,
    Administrator.
    
        For the reasons set out in the preamble, title 40, chapter 1, parts 
    51, 52 and 60 of the Code of Federal Regulations are amended as 
    follows:
    
    PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION AND SUBMITTAL OF 
    IMPLEMENTATION PLANS
    
        1. The authority citation for part 51 continues to read as follows:
    
        Authority: 7401-7671q.
    
        2. Section 51.166(b)(23)(i) is amended by adding an entry to the 
    end of the Pollutant and Emission Rate list to read as follows:
    
    
    Sec. 51.166  Prevention of significant deterioration of air quality.
    
    * * * * *
        (b) * * *
        (23) * * *
        (i) * * * Municipal solid waste landfill emissions (measured as 
    nonmethane organic compounds): 45 megagrams per year (50 tons per year)
    * * * * *
    
    PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
    
        3. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
        4. Section 52.21(b)(23)(i) is amended by adding an entry to the end 
    of the Pollutant and Emission Rate list to read as follows:
    
    
    Sec. 52.21  Prevention of significant deterioration of air quality.
    
    * * * * *
        (b) * * *
        (23) * * *
        (i) * * * Municipal solid waste landfills emissions (measured as 
    nonmethane organic compounds): 45 megagrams per year (50 tons per year)
    * * * * *
    
    PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
    
        5. The authority citation for part 60 continues to read as follows:
    
        Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601.
    
        6. Section 60.16 of subpart A is amended by adding an entry to the 
    end to read under Other Source Categories as follows:
    
    [[Page 9919]]
    
    
    
    Sec. 60.16  Priority list.
    
    * * * * *
    
    Other Source Categories
    
    * * * * *
        Municipal solid waste landfills.\4\
    
        \4\ Not prioritized, since an NSPS for this major source 
    category has already been promulgated.
    ---------------------------------------------------------------------------
    
    * * * * *
        7. Section 60.30 is amended by adding a new paragraph (c) to read 
    as follows:
    
    
    Sec. 60.30  Scope.
    
    * * * * *
        (c) Subpart Cc--Municipal Solid Waste Landfills.
        8. Part 60 is further amended by adding the Subpart Cc to read as 
    follows:
    Subpart Cc--Emission Guidelines and Compliance Times for Municipal 
    Solid Waste Landfills
    Sec.
    60.30c  Scope.
    60.31c  Definitions.
    60.32c  Designated facilities.
    60.33c  Emission guidelines for municipal solid waste landfill 
    emissions.
    60.34c  Test methods and procedures.
    60.35c  Reporting and recordkeeping guidelines.
    60.36c  Compliance times.
    
    Subpart Cc--Emission Guidelines and Compliance Times for Municipal 
    Solid Waste Landfills
    
    
    Sec. 60.30c  Scope.
    
        This subpart contains emission guidelines and compliance times for 
    the control of certain designated pollutants from certain designated 
    municipal solid waste landfills in accordance with section 111(d) of 
    the Act and subpart B.
    
    
    Sec. 60.31c  Definitions.
    
        Terms used but not defined in this subpart have the meaning given 
    them in the Act and in subparts A, B, and WWW of this part.
        Municipal solid waste landfill or MSW landfill means an entire 
    disposal facility in a contiguous geographical space where household 
    waste is placed in or on land. An MSW landfill may also receive other 
    types of RCRA Subtitle D wastes such as commercial solid waste, 
    nonhazardous sludge, conditionally exempt small quantity generator 
    waste, and industrial solid waste. Portions of an MSW landfill may be 
    separated by access roads. An MSW landfill may be publicly or privately 
    owned. An MSW landfill may be a new MSW landfill, an existing MSW 
    landfill or a lateral expansion.
    
    
    Sec. 60.32c  Designated facilities.
    
        (a) The designated facility to which the guidelines apply is each 
    existing MSW landfill for which construction, reconstruction or 
    modification was commenced before May 30, 1991.
        (b) Physical or operational changes made to an existing MSW 
    landfill solely to comply with an emission guideline are not considered 
    a modification or reconstruction and would not subject an existing MSW 
    landfill to the requirements of subpart WWW [see Sec. 60.750 of Subpart 
    WWW].
    
    
    Sec. 60.33c  Emission guidelines for municipal solid waste landfill 
    emissions.
    
        (a) For approval, a State plan shall include control of MSW 
    landfill emissions at each MSW landfill meeting the following three 
    conditions:
        (1) The landfill has accepted waste at any time since November 8, 
    1987, or has additional design capacity available for future waste 
    deposition;
        (2) The landfill has a design capacity greater than or equal to 2.5 
    million megagrams or 2.5 million cubic meters. The landfill may 
    calculate design capacity in either megagrams or cubic meters for 
    comparison with the exemption values. Any density conversions shall be 
    documented and submitted with the report; and
        (3) The landfill has a nonmethane organic compound emission rate of 
    50 megagrams per year or more.
        (b) For approval, a State plan shall include the installation of a 
    collection and control system meeting the conditions provided in 
    Sec. 60.752(b)(2)(ii) of this part at each MSW landfill meeting the 
    conditions in paragraph (a) of this section. The State plan shall 
    include a process for State review and approval of the site-specific 
    design plans for the gas collection and control system(s).
        (c) For approval, a State plan shall include provisions for the 
    control of collected MSW landfill emissions through the use of control 
    devices meeting the requirements of paragraph (c)(1), (2), or (3) of 
    this section, except as provided in Sec. 60.24.
        (1) An open flare designed and operated in accordance with the 
    parameters established in Sec. 60.18; or
        (2) A control system designed and operated to reduce NMOC by 98 
    weight percent; or
        (3) An enclosed combustor designed and operated to reduce the 
    outlet NMOC concentration to 20 parts per million as hexane by volume, 
    dry basis at 3 percent oxygen, or less.
    
    
    Sec. 60.34c  Test methods and procedures.
    
        For approval, a State plan shall include provisions for: the 
    calculation of the landfill NMOC emission rate listed in Sec. 60.754, 
    as applicable, to determine whether the landfill meets the condition in 
    Sec. 60.33c(a)(3); the operational standards in Sec. 60.753; the 
    compliance provisions in Sec. 60.755; and the monitoring provisions in 
    Sec. 60.756.
    
    
    Sec. 60.35c  Reporting and recordkeeping guidelines.
    
        For approval, a State plan shall include the recordkeeping and 
    reporting provisions listed in Secs. 60.757 and 60.758, as applicable, 
    except as provided under Sec. 60.24.
    
    
    Sec. 60.36c  Compliance times.
    
        (a) Except as provided for under paragraph (b) of this section, 
    planning, awarding of contracts, and installation of MSW landfill air 
    emission collection and control equipment capable of meeting the 
    emission guidelines established under Sec. 60.33c shall be accomplished 
    within 30 months after the effective date of a State emission standard 
    for MSW landfills.
        (b) For each existing MSW landfill meeting the conditions in 
    Sec. 60.33c(a)(1) and Sec. 60.33c(a)(2) whose NMOC emission rate is 
    less than 50 megagrams per year on the effective date of the State 
    emission standard, installation of collection and control systems 
    capable of meeting emission guidelines in Sec. 60.33c shall be 
    accomplished within 30 months of the date when the condition in 
    Sec. 60.33c(a)(3) is met (i.e., the date of the first annual nonmethane 
    organic compounds emission rate which equals or exceeds 50 megagrams 
    per year).
        9. Part 60 is amended by adding a new subpart WWW to read as 
    follows:
    
    Subpart WWW--Standards of Performance for Municipal Solid Waste 
    Landfills
    
    Sec.
    60.750  Applicability, designation of affected facility, and 
    delegation of authority.
    60.751  Definitions.
    60.752  Standards for air emissions from municipal solid waste 
    landfills.
    60.753  Operational standards for collection and control systems.
    60.754  Test methods and procedures.
    60.755  Compliance provisions.
    60.756  Monitoring of operations.
    60.757  Reporting requirements.
    60.758  Recordkeeping requirements.
    60.759  Specifications for active collection systems.
    
    Subpart WWW--Standards of Performance for Municipal Solid Waste 
    Landfills
    
    
    Sec. 60.750  Applicability, designation of affected facility, and 
    delegation of authority.
    
        (a) The provisions of this subpart apply to each municipal solid 
    waste
    
    [[Page 9920]]
    landfill that commenced construction, reconstruction or modification or 
    began accepting waste on or after May 30, 1991. Physical or operational 
    changes made to an existing MSW landfill solely to comply with Subpart 
    Cc of this part are not considered construction, reconstruction, or 
    modification for the purposes of this section.
        (b) The following authorities shall be retained by the 
    Administrator and not transferred to the State: None.
    
    
    Sec. 60.751  Definitions.
    
        As used in this subpart, all terms not defined herein shall have 
    the meaning given them in the Act or in subpart A of this part.
        Active collection system means a gas collection system that uses 
    gas mover equipment.
        Active landfill means a landfill in which solid waste is being 
    placed or a landfill that is planned to accept waste in the future.
        Closed landfill means a landfill in which solid waste is no longer 
    being placed, and in which no additional solid wastes will be placed 
    without first filing a notification of modification as prescribed under 
    Sec. 60.7(a)(4). Once a notification of modification has been filed, 
    and additional solid waste is placed in the landfill, the landfill is 
    no longer closed. A landfill is considered closed after meeting the 
    criteria of Sec. 258.60 of this title.
        Closure means that point in time when a landfill becomes a closed 
    landfill.
        Commercial solid waste means all types of solid waste generated by 
    stores, offices, restaurants, warehouses, and other nonmanufacturing 
    activities, excluding residential and industrial wastes.
        Controlled landfill means any landfill at which collection and 
    control systems are required under this subpart as a result of the 
    nonmethane organic compounds emission rate. The landfill is considered 
    controlled at the time either
        (1) A notification of intent to install a collection and control 
    system or
        (2) A collection and control system design plan is submitted in 
    compliance with Sec. 60.752(b)(2)(i).
        Design capacity means the maximum amount of solid waste a landfill 
    can accept, as specified in the construction or operating permit issued 
    by the State, local, or Tribal agency responsible for regulating the 
    landfill.
        Disposal facility means all contiguous land and structures, other 
    appurtenances, and improvements on the land used for the disposal of 
    solid waste.
        Emission rate cutoff means the threshold annual emission rate to 
    which a landfill compares its estimated emission rate to determine if 
    control under the regulation is required.
        Enclosed combustor means an enclosed firebox which maintains a 
    relatively constant limited peak temperature generally using a limited 
    supply of combustion air. An enclosed flare is considered an enclosed 
    combustor.
        Flare means an open combustor without enclosure or shroud.
        Gas mover equipment means the equipment (i.e., fan, blower, 
    compressor) used to transport landfill gas through the header system.
        Household waste means any solid waste (including garbage, trash, 
    and sanitary waste in septic tanks) derived from households (including, 
    but not limited to, single and multiple residences, hotels and motels, 
    bunkhouses, ranger stations, crew quarters, campgrounds, picnic 
    grounds, and day-use recreation areas).
        Industrial solid waste means solid waste generated by manufacturing 
    or industrial processes that is not a hazardous waste regulated under 
    Subtitle C of the Resource Conservation and Recovery Act, parts 264 and 
    265 of this title. Such waste may include, but is not limited to, waste 
    resulting from the following manufacturing processes: electric power 
    generation; fertilizer/agricultural chemicals; food and related 
    products/by-products; inorganic chemicals; iron and steel 
    manufacturing; leather and leather products; nonferrous metals 
    manufacturing/foundries; organic chemicals; plastics and resins 
    manufacturing; pulp and paper industry; rubber and miscellaneous 
    plastic products; stone, glass, clay, and concrete products; textile 
    manufacturing; transportation equipment; and water treatment. This term 
    does not include mining waste or oil and gas waste.
        Interior well means any well or similar collection component 
    located inside the perimeter of the landfill. A perimeter well located 
    outside the landfilled waste is not an interior well.
        Landfill means an area of land or an excavation in which wastes are 
    placed for permanent disposal, and that is not a land application unit, 
    surface impoundment, injection well, or waste pile as those terms are 
    defined under Sec. 257.2 of this title.
        Lateral expansion means a horizontal expansion of the waste 
    boundaries of an existing MSW landfill. A lateral expansion is not a 
    modification unless it results in an increase in the design capacity of 
    the landfill.
        Municipal solid waste landfill or MSW landfill means an entire 
    disposal facility in a contiguous geographical space where household 
    waste is placed in or on land. An MSW landfill may also receive other 
    types of RCRA Subtitle D wastes (Sec. 257.2 of this title) such as 
    commercial solid waste, nonhazardous sludge, conditionally exempt small 
    quantity generator waste, and industrial solid waste. Portions of an 
    MSW landfill may be separated by access roads. An MSW landfill may be 
    publicly or privately owned. An MSW landfill may be a new MSW landfill, 
    an existing MSW landfill, or a lateral expansion.
        Municipal solid waste landfill emissions or MSW landfill emissions 
    means gas generated by the decomposition of organic waste deposited in 
    an MSW landfill or derived from the evolution of organic compounds in 
    the waste.
        NMOC means nonmethane organic compounds, as measured according to 
    the provisions of Sec. 60.754.
        Nondegradable waste means any waste that does not decompose through 
    chemical breakdown or microbiological activity. Examples are, but are 
    not limited to, concrete, municipal waste combustor ash, and metals.
        Passive collection system means a gas collection system that solely 
    uses positive pressure within the landfill to move the gas rather than 
    using gas mover equipment.
        Sludge means any solid, semisolid, or liquid waste generated from a 
    municipal, commercial, or industrial wastewater treatment plant, water 
    supply treatment plant, or air pollution control facility, exclusive of 
    the treated effluent from a wastewater treatment plant.
        Solid waste means any garbage, sludge from a wastewater treatment 
    plant, water supply treatment plant, or air pollution control facility 
    and other discarded material, including solid, liquid, semisolid, or 
    contained gaseous material resulting from industrial, commercial, 
    mining, and agricultural operations, and from community activities, but 
    does not include solid or dissolved material in domestic sewage, or 
    solid or dissolved materials in irrigation return flows or industrial 
    discharges that are point sources subject to permits under 33 U.S.C. 
    1342, or source, special nuclear, or by-product material as defined by 
    the Atomic Energy Act of 1954, as amended (42 U.S.C 2011 et seq.).
        Sufficient density means any number, spacing, and combination of 
    collection
    
    [[Page 9921]]
    system components, including vertical wells, horizontal collectors, and 
    surface collectors, necessary to maintain emission and migration 
    control as determined by measures of performance set forth in this 
    part.
        Sufficient extraction rate means a rate sufficient to maintain a 
    negative pressure at all wellheads in the collection system without 
    causing air infiltration, including any wellheads connected to the 
    system as a result of expansion or excess surface emissions, for the 
    life of the blower.
    
    
    Sec. 60.752   Standards for air emissions from municipal solid waste 
    landfills.
    
        (a) Each owner or operator of an MSW landfill having a design 
    capacity less than 2.5 million megagrams by mass or 2.5 million cubic 
    meters by volume shall submit an initial design capacity report to the 
    Administrator as provided in Sec. 60.757(a). The landfill may calculate 
    design capacity in either megagrams or cubic meters for comparison with 
    the exemption values. Any density conversions shall be documented and 
    submitted with the report. For purposes of part 70 permitting, a 
    landfill with a design capacity less than 2.5 million megagrams or 2.5 
    million cubic meters does not require an operating permit under part 70 
    of this chapter. Submittal of the initial design capacity report shall 
    fulfill the requirements of this subpart except as provided for in 
    paragraphs (a)(1) and (a)(2) of this section.
        (1) The owner or operator shall submit to the Administrator an 
    amended design capacity report, as provided for in Sec. 60.757(a)(3), 
    when there is any increase in the design capacity of a landfill subject 
    to the provisions of this subpart, whether the increase results from an 
    increase in the area or depth of the landfill, a change in the 
    operating procedures of the landfill, or any other means.
        (2) If any increase in the maximum design capacity of a landfill 
    exempted from the provisions of Sec. 60.752(b) through Sec. 60.759 of 
    this subpart on the basis of the design capacity exemption in paragraph 
    (a) of this section results in a revised maximum design capacity equal 
    to or greater than 2.5 million megagrams or 2.5 million cubic meters, 
    the owner or operator shall comply with the provision of paragraph (b) 
    of this section.
        (b) Each owner or operator of an MSW landfill having a design 
    capacity equal to or greater than 2.5 million megagrams or 2.5 million 
    cubic meters, shall either comply with paragraph (b)(2) of this section 
    or calculate an NMOC emission rate for the landfill using the 
    procedures specified in Sec. 60.754. The NMOC emission rate shall be 
    recalculated annually, except as provided in Sec. 60.757(b)(1)(ii) of 
    this subpart. The owner or operator of an MSW landfill subject to this 
    subpart with a design capacity greater than or equal to 2.5 million 
    megagrams or 2.5 million cubic meters is subject to part 70 permitting 
    requirements. When a landfill is closed, and either never needed 
    control or meets the conditions for control system removal specified in 
    Sec. 60.752(b)(2)(v) of this subpart, a part 70 operating permit is no 
    longer required.
        (1) If the calculated NMOC emission rate is less than 50 megagrams 
    per year, the owner or operator shall:
        (i) Submit an annual emission report to the Administrator, except 
    as provided for in Sec. 60.757(b)(1)(ii); and
        (ii) Recalculate the NMOC emission rate annually using the 
    procedures specified in Sec. 60.754(a)(1) until such time as the 
    calculated NMOC emission rate is equal to or greater than 50 megagrams 
    per year, or the landfill is closed.
        (A) If the NMOC emission rate, upon recalculation required in 
    paragraph (b)(1)(ii) of this section, is equal to or greater than 50 
    megagrams per year, the owner or operator shall install a collection 
    and control system in compliance with paragraph (b)(2) of this section.
        (B) If the landfill is permanently closed, a closure notification 
    shall be submitted to the Administrator as provided for in 
    Sec. 60.757(d).
        (2) If the calculated NMOC emission rate is equal to or greater 
    than 50 megagrams per year, the owner or operator shall:
        (i) Submit a collection and control system design plan prepared by 
    a professional engineer to the Administrator within 1 year:
        (A) The collection and control system as described in the plan 
    shall meet the design requirements of paragraph (b)(2)(ii) of this 
    section.
        (B) The collection and control system design plan shall include any 
    alternatives to the operational standards, test methods, procedures, 
    compliance measures, monitoring, recordkeeping or reporting provisions 
    of Secs. 60.753 through 60.758 proposed by the owner or operator.
        (C) The collection and control system design plan shall either 
    conform with specifications for active collection systems in 
    Sec. 60.759 or include a demonstration to the Administrator's 
    satisfaction of the sufficiency of the alternative provisions to 
    Sec. 60.759.
        (D) The Administrator shall review the information submitted under 
    paragraphs (b)(2)(i) (A),(B) and (C) of this section and either approve 
    it, disapprove it, or request that additional information be submitted. 
    Because of the many site-specific factors involved with landfill gas 
    system design, alternative systems may be necessary. A wide variety of 
    system designs are possible, such as vertical wells, combination 
    horizontal and vertical collection systems, or horizontal trenches 
    only, leachate collection components, and passive systems.
        (ii) Install a collection and control system within 18 months of 
    the submittal of the design plan under paragraph (b)(2)(i) of this 
    section that effectively captures the gas generated within the 
    landfill.
        (A) An active collection system shall:
        (1) Be designed to handle the maximum expected gas flow rate from 
    the entire area of the landfill that warrants control over the intended 
    use period of the gas control or treatment system equipment;
        (2) Collect gas from each area, cell, or group of cells in the 
    landfill in which the initial solid waste has been placed for a period 
    of:
        (i) 5 years or more if active; or
        (ii) 2 years or more if closed or at final grade;
        (3) Collect gas at a sufficient extraction rate;
        (4) Be designed to minimize off-site migration of subsurface gas.
        (B) A passive collection system shall:
        (1) Comply with the provisions specified in paragraphs (b)(2)(ii), 
    (A) (1), (2), and (4) of this section.
        (2) Be installed with liners on the bottom and all sides in all 
    areas in which gas is to be collected. The liners shall be installed as 
    required under Sec. 258.40 of this title.
        (iii) Route all the collected gas to a control system that complies 
    with the requirements in either paragraph (b)(2)(iii) (A), (B) or (C) 
    of this section.
        (A) An open flare designed and operated in accordance with 
    Sec. 60.18;
        (B) A control system designed and operated to reduce NMOC by 98 
    weight-percent, or, when an enclosed combustion device is used for 
    control, to either reduce NMOC by 98 weight percent or reduce the 
    outlet NMOC concentration to less than 20 parts per million by volume, 
    dry basis as hexane at 3 percent oxygen. The reduction efficiency or 
    parts per million by volume shall be established by an initial 
    performance test, required under Sec. 60.8 using the test methods 
    specified in Sec. 60.754(d).
        (1) If a boiler or process heater is used as the control device, 
    the landfill gas
    
    [[Page 9922]]
    stream shall be introduced into the flame zone.
        (2) The control device shall be operated within the parameter 
    ranges established during the initial or most recent performance test. 
    The operating parameters to be monitored are specified in Sec. 60.756;
        (C) Route the collected gas to a treatment system that processes 
    the collected gas for subsequent sale or use. All emissions from any 
    atmospheric vent from the gas treatment system shall be subject to the 
    requirements of paragraph (b)(2)(iii) (A) or (B) of this section.
        (iv) Operate the collection and control device installed to comply 
    with this subpart in accordance with the provisions of 
    Sec. Sec. 60.753, 60.755 and 60.756.
        (v) The collection and control system may be capped or removed 
    provided that all the conditions of paragraphs (b)(2)(v) (A), (B), and 
    (C) of this section are met:
        (A) The landfill shall be no longer accepting solid waste and be 
    permanently closed under the requirements of Sec. 258.60 of this title. 
    A closure report shall be submitted to the Administrator as provided in 
    Sec. 60.757(d);
        (B) The collection and control system shall have been in operation 
    a minimum of 15 years; and
        (C) Following the procedures specified in Sec. 60.754(b) of this 
    subpart, the calculated NMOC gas produced by the landfill shall be less 
    than 50 megagrams per year on three successive test dates. The test 
    dates shall be no less than 90 days apart, and no more than 180 days 
    apart.
    
    
    Sec. 60.753   Operational standards for collection and control systems.
    
        Each owner or operator of an MSW landfill gas collection and 
    control system used to comply with the provisions of 
    Sec. 60.752(b)(2)(ii) of this subpart shall:
        (a) Operate the collection system such that gas is collected from 
    each area, cell, or group of cells in the MSW landfill in which solid 
    waste has been in place for:
        (1) 5 years or more if active; or
        (2) 2 years or more if closed or at final grade;
        (b) Operate the collection system with negative pressure at each 
    wellhead except under the following conditions:
        (1) A fire or increased well temperature. The owner or operator 
    shall record instances when positive pressure occurs in efforts to 
    avoid a fire. These records shall be submitted with the annual reports 
    as provided in Sec. 60.757(f)(1);
        (2) Use of a geomembrane or synthetic cover. The owner or operator 
    shall develop acceptable pressure limits in the design plan;
        (3) A decommissioned well. A well may experience a static positive 
    pressure after shut down to accommodate for declining flows. All design 
    changes shall be approved by the Administrator;
        (c) Operate each interior wellhead in the collection system with a 
    landfill gas temperature less than 55 oC and with either a 
    nitrogen level less than 20 percent or an oxygen level less than 5 
    percent. The owner or operator may establish a higher operating 
    temperature, nitrogen, or oxygen value at a particular well. A higher 
    operating value demonstration shall show supporting data that the 
    elevated parameter does not cause fires or significantly inhibit 
    anaerobic decomposition by killing methanogens.
        (1) The nitrogen level shall be determined using Method 3C, unless 
    an alternative test method is established as allowed by 
    Sec. 60.752(b)(2)(i) of this subpart.
        (2) Unless an alternative test method is established as allowed by 
    Sec. 60.752(b)(2)(i) of this subpart, the oxygen shall be determined by 
    an oxygen meter using Method 3A except that:
        (i) The span shall be set so that the regulatory limit is between 
    20 and 50 percent of the span;
        (ii) A data recorder is not required;
        (iii) Only two calibration gases are required, a zero and span, and 
    ambient air may be used as the span;
        (iv) A calibration error check is not required;
        (v) The allowable sample bias, zero drift, and calibration drift 
    are 10 percent.
        (d) Operate the collection system so that the methane concentration 
    is less than 500 parts per million above background at the surface of 
    the landfill. To determine if this level is exceeded, the owner or 
    operator shall conduct surface testing around the perimeter of the 
    collection area along a pattern that traverses the landfill at 30 meter 
    intervals and where visual observations indicate elevated 
    concentrations of landfill gas, such as distressed vegetation and 
    cracks or seeps in the cover. The owner or operator may establish an 
    alternative traversing pattern that ensures equivalent coverage. A 
    surface monitoring design plan shall be developed that includes a 
    topographical map with the monitoring route and the rationale for any 
    site-specific deviations from the 30 meter intervals. Areas with steep 
    slopes or other dangerous areas may be excluded from the surface 
    testing.
        (e) Operate the system such that all collected gases are vented to 
    a control system designed and operated in compliance with 
    Sec. 60.752(b)(2)(iii). In the event the collection or control system 
    is inoperable, the gas mover system shall be shut down and all valves 
    in the collection and control system contributing to venting of the gas 
    to the atmosphere shall be closed within 1 hour; and
        (f) Operate the control or treatment system at all times when the 
    collected gas is routed to the system.
        (g) If monitoring demonstrates that the operational requirement in 
    paragraphs (b), (c), or (d) of this section are not met, corrective 
    action shall be taken as specified in Sec. 60.752(a) (3) through (5) or 
    Sec. 60.755(c) of this subpart. If corrective actions are taken as 
    specified in Sec. 60.755, the monitored exceedance is not a violation 
    of the operational requirements in this section.
    
    
    Sec. 60.754  Test methods and procedures.
    
        (a)(1) The landfill owner or operator shall calculate the NMOC 
    emission rate using either the equation provided in paragraph (a)(1)(i) 
    of this section or the equation provided in paragraph (a)(1)(ii) of 
    this section. The values to be used in both equations are 0.05 per year 
    for k, 170 cubic meters per megagram for Lo, and 4,000 parts per 
    million by volume as hexane for the CNMOC.
        (i) The following equation shall be used if the actual year-to-year 
    solid waste acceptance rate is known.
    
    [GRAPHIC] [TIFF OMITTED] TR12MR96.025
    
    
    [[Page 9923]]
    
    where,
    
    MNMOC=Total NMOC emission rate from the landfill, megagrams per 
    year
    k=methane generation rate constant, year-1
    Lo=methane generation potential, cubic meters per megagram 
    solid waste
    Mi=mass of solid waste in the ith section, megagrams
    ti=age of the ith section, years
    CNMOC=concentration of NMOC, parts per million by volume as 
    hexane
    3.6  x  10-9=conversion factor
    
        The mass of nondegradable solid waste may be subtracted from the 
    total mass of solid waste in a particular section of the landfill 
    when calculating the value for Mi if the documentation 
    provisions of Sec. 60.758(d)(2) are followed.
    
        (ii) The following equation shall be used if the actual year-to-
    year solid waste acceptance rate is unknown.
    
    MNMOC=2Lo R (e-kc - e-kt) (CNMOC) (3.6  x  
    10-9)
    
    where,
    
    MNMOC=mass emission rate of NMOC, megagrams per year
    Lo=methane generation potential, cubic meters per megagram 
    solid waste
    R=average annual acceptance rate, megagrams per year
    k=methane generation rate constant, year-1
    t=age of landfill, years
    CNMOC=concentration of NMOC, parts per million by volume as 
    hexane
    c=time since closure, years. For active landfill c = O and 
    e-kc=1
    3.6  x  10-9=conversion factor
    
        The mass of nondegradable solid waste may be subtracted from the 
    average annual acceptance rate when calculating a value for R, if 
    the documentation provisions of Sec. 60.758(d)(2) are followed.
    
        (2) Tier 1. The owner or operator shall compare the calculated NMOC 
    mass emission rate to the standard of 50 megagrams per year.
        (i) If the NMOC emission rate calculated in paragraph (a)(1) of 
    this section is less than 50 megagrams per year, then the landfill 
    owner shall submit an emission rate report as provided in 
    Sec. 60.757(b)(1), and shall recalculate the NMOC mass emission rate 
    annually as required under Sec. 60.752(b)(1).
        (ii) If the calculated NMOC emission rate is equal to or greater 
    than 50 megagrams per year, then the landfill owner shall either comply 
    with Sec. 60.752(b)(2), or determine a site-specific NMOC concentration 
    and recalculate the NMOC emission rate using the procedures provided in 
    paragraph (a)(3) of this section.
        (3) Tier 2. The landfill owner or operator shall determine the NMOC 
    concentration using the following sampling procedure. The landfill 
    owner or operator shall install at least two sample probes per hectare 
    of landfill surface that has retained waste for at least 2 years. If 
    the landfill is larger than 25 hectares in area, only 50 samples are 
    required. The sample probes should be located to avoid known areas of 
    nondegradable solid waste. The owner or operator shall collect and 
    analyze one sample of landfill gas from each probe to determine the 
    NMOC concentration using Method 25C of appendix A of this part or 
    Method 18 of appendix A of this part. If using Method 18 of appendix A 
    of this part, the minimum list of compounds to be tested shall be those 
    published in the most recent Compilation of Air Pollutant Emission 
    Factors (AP-42). If composite sampling is used, equal volumes shall be 
    taken from each sample probe. If more than the required number of 
    samples are taken, all samples shall be used in the analysis. The 
    landfill owner or operator shall divide the NMOC concentration from 
    Method 25C of appendix A of this part by six to convert from CNMOC 
    as carbon to CNMOC as hexane.
        (i) The landfill owner or operator shall recalculate the NMOC mass 
    emission rate using the equations provided in paragraph (a)(1)(i) or 
    (a)(1)(ii) of this section and using the average NMOC concentration 
    from the collected samples instead of the default value in the equation 
    provided in paragraph (a)(1) of this section.
        (ii) If the resulting mass emission rate calculated using the site-
    specific NMOC concentration is equal to or greater than 50 megagrams 
    per year, then the landfill owner or operator shall either comply with 
    Sec. 60.752(b)(2), or determine the site-specific methane generation 
    rate constant and recalculate the NMOC emission rate using the site-
    specific methane generation rate using the procedure specified in 
    paragraph (a)(4) of this section.
        (iii) If the resulting NMOC mass emission rate is less than 50 
    megagrams per year, the owner or operator shall submit a periodic 
    estimate of the emission rate report as provided in Sec. 60.757(b)(1) 
    and retest the site-specific NMOC concentration every 5 years using the 
    methods specified in this section.
        (4) Tier 3. The site-specific methane generation rate constant 
    shall be determined using the procedures provided in Method 2E of 
    appendix A of this part. The landfill owner or operator shall estimate 
    the NMOC mass emission rate using equations in paragraph (a)(1)(i) or 
    (a)(1)(ii) of this section and using a site-specific methane generation 
    rate constant k, and the site-specific NMOC concentration as determined 
    in paragraph (a)(3) of this section instead of the default values 
    provided in paragraph (a)(1) of this section. The landfill owner or 
    operator shall compare the resulting NMOC mass emission rate to the 
    standard of 50 megagrams per year.
        (i) If the NMOC mass emission rate as calculated using the site-
    specific methane generation rate and concentration of NMOC is equal to 
    or greater than 50 megagrams per year, the owner or operator shall 
    comply with Sec. 60.752(b)(2).
        (ii) If the NMOC mass emission rate is less than 50 megagrams per 
    year, then the owner or operator shall submit a periodic emission rate 
    report as provided in Sec. 60.757(b)(1) and shall recalculate the NMOC 
    mass emission rate annually, as provided in Sec. 60.757(b)(1) using the 
    equations in paragraph (a)(1) of this section and using the site-
    specific methane generation rate constant and NMOC concentration 
    obtained in paragraph (a)(3) of this section. The calculation of the 
    methane generation rate constant is performed only once, and the value 
    obtained is used in all subsequent annual NMOC emission rate 
    calculations.
        (5) The owner or operator may use other methods to determine the 
    NMOC concentration or a site-specific k as an alternative to the 
    methods required in paragraphs (a)(3) and (a)(4) of this section if the 
    method has been approved by the Administrator as provided in 
    Sec. 60.752(b)(2)(i)(B).
        (b) After the installation of a collection and control system in 
    compliance with Sec. 60.755, the owner or operator shall calculate the 
    NMOC emission rate for purposes of determining when the system can be 
    removed as provided in Sec. 60.752(b)(2)(v), using the following 
    equation:
    
    MNMOC = 1.89  x  10-3 QLFG CNMOC
    
    where,
    
    MNMOC = mass emission rate of NMOC, megagrams per year
    QLFG = flow rate of landfill gas, cubic meters per minute
    CNMOC = NMOC concentration, parts per million by volume as 
    hexane
    
        (1) The flow rate of landfill gas, QLFG, shall be determined 
    by measuring the total landfill gas flow rate at the common header pipe 
    that leads to the control device using a gas flow measuring device 
    calibrated according to the provisions of section 4 of Method 2E of 
    appendix A of this part.
        (2) The average NMOC concentration, CNMOC, shall be determined 
    by collecting and analyzing landfill gas sampled from the common header 
    pipe before the gas moving or condensate
    
    [[Page 9924]]
    removal equipment using the procedures in Method 25C or Method 18 of 
    appendix A of this part. If using Method 18 of appendix A of this part, 
    the minimum list of compounds to be tested shall be those published in 
    the most recent Compilation of Air Pollutant Emission Factors (AP-42). 
    The sample location on the common header pipe shall be before any 
    condensate removal or other gas refining units. The landfill owner or 
    operator shall divide the NMOC concentration from Method 25C of 
    appendix A of this part by six to convert from CNMOC as carbon to 
    CNMOC as hexane.
        (3) The owner or operator may use another method to determine 
    landfill gas flow rate and NMOC concentration if the method has been 
    approved by the Administrator as provided in Sec. 60.752(b)(2)(i)(B).
        (c) The owner or operator of each MSW landfill subject to the 
    provisions of this subpart shall estimate the NMOC emission rate for 
    comparison to the PSD major source and significance levels in 
    Secs. 51.166 or 52.21 of this chapter using AP-42 or other approved 
    measurement procedures. If a collection system, which complies with the 
    provisions in Sec. 60.752(b)(2) is already installed, the owner or 
    operator shall estimate the NMOC emission rate using the procedures 
    provided in paragraph (b) of this section.
        (d) For the performance test required in Sec. 60.752(b)(2)(iii)(B), 
    Method 25 or Method 18 of appendix A of this part shall be used to 
    determine compliance with 98 weight-percent efficiency or the 20 ppmv 
    outlet concentration level, unless another method to demonstrate 
    compliance has been approved by the Administrator as provided by 
    Sec. 60.752(b)(2)(i)(B). If using Method 18 of appendix A of this part, 
    the minimum list of compounds to be tested shall be those published in 
    the most recent Compilation of Air Pollutant Emission Factors (AP-42). 
    The following equation shall be used to calculate efficiency:
    
    Control Efficiency = (NMOCin - NMOCout)/(NMOCin)
    
    where,
    
    NMOCin = mass of NMOC entering control device
    NMOCout = mass of NMOC exiting control device
    
    
    Sec. 60.755   Compliance provisions.
    
        (a) Except as provided in Sec. 60.752(b)(2)(i)(B), the specified 
    methods in paragraphs (a)(1) through (a)(6) of this section shall be 
    used to determine whether the gas collection system is in compliance 
    with Sec. 60.752(b)(2)(ii).
        (1) For the purposes of calculating the maximum expected gas 
    generation flow rate from the landfill to determine compliance with 
    Sec. 60.752(b)(2)(ii)(A)(1), one of the following equations shall be 
    used. The k and Lo kinetic factors should be those published in 
    the most recent Compilation of Air Pollutant Emission Factors (AP-42) 
    or other site specific values demonstrated to be appropriate and 
    approved by the Administrator. If k has been determined as specified in 
    Sec. 60.754(a)(4), the value of k determined from the test shall be 
    used. A value of no more than 15 years shall be used for the intended 
    use period of the gas mover equipment. The active life of the landfill 
    is the age of the landfill plus the estimated number of years until 
    closure.
        (i) For sites with unknown year-to-year solid waste acceptance 
    rate:
    
    Qm = 2Lo R (e-kc - e-kt)
    
    where,
    
    Qm = maximum expected gas generation flow rate, cubic meters 
    per year
    Lo = methane generation potential, cubic meters per megagram 
    solid waste
    R = average annual acceptance rate, megagrams per year
    k = methane generation rate constant, year-1
    t = age of the landfill at equipment installation plus the time the 
    owner or operator intends to use the gas mover equipment or active 
    life of the landfill, whichever is less. If the equipment is 
    installed after closure, t is the age of the landfill at 
    installation, years
    c = time since closure, years (for an active landfill c = O and 
    e-kc = 1)
    
        (ii) For sites with known year-to-year solid waste acceptance rate:
        [GRAPHIC] [TIFF OMITTED] TR12MR96.026
        
    where,
    
    QM=maximum expected gas generation flow rate, cubic meters per 
    year
    k=methane generation rate constant, year-1
    Lo=methane generation potential, cubic meters per megagram 
    solid waste
    Mi=mass of solid waste in the ith section, megagrams
    ti=age of the ith section, years
    
        (iii) If a collection and control system has been installed, actual 
    flow data may be used to project the maximum expected gas generation 
    flow rate instead of, or in conjunction with, the equations in 
    paragraphs (a)(1) (i) and (ii) of this section. If the landfill is 
    still accepting waste, the actual measured flow data will not equal the 
    maximum expected gas generation rate, so calculations using the 
    equations in paragraphs (a)(1) (i) or (ii) or other methods shall be 
    used to predict the maximum expected gas generation rate over the 
    intended period of use of the gas control system equipment.
        (2) For the purposes of determining sufficient density of gas 
    collectors for compliance with Sec. 60.752(b)(2)(ii)(A)(2), the owner 
    or operator shall design a system of vertical wells, horizontal 
    collectors, or other collection devices, satisfactory to the 
    Administrator, capable of controlling and extracting gas from all 
    portions of the landfill sufficient to meet all operational and 
    performance standards.
        (3) For the purpose of demonstrating whether the gas collection 
    system flow rate is sufficient to determine compliance with 
    Sec. 60.752(b)(2)(ii)(A)(3), the owner or operator shall measure gauge 
    pressure in the gas collection header at each individual well, monthly. 
    If a positive pressure exists, action shall be initiated to correct the 
    exceedance within 5 calendar days, except for the three conditions 
    allowed under Sec. 60.753(b). If negative pressure cannot be achieved 
    without excess air infiltration within 15 calendar days of the first 
    measurement, the gas collection system shall be expanded to correct the 
    exceedance within 120 days of the initial measurement of positive 
    pressure. Any attempted corrective measure shall not cause exceedances 
    of other operational or performance standards.
        (4) Owners or operators are not required to install additional 
    wells as required in paragraph (a)(3) of this section during the first 
    180 days after gas collection system start-up.
        (5) For the purpose of identifying whether excess air infiltration 
    into the landfill is occurring, the owner or operator shall monitor 
    each well monthly for temperature and nitrogen or oxygen as provided in 
    Sec. 60.753(c). If a well exceeds one of these operating parameters, 
    action shall be initiated to correct the exceedance within 5 calendar 
    days. If correction of the exceedance cannot be achieved within 15 
    calendar days of the first measurement, the gas collection system shall 
    be expanded to correct the exceedance within 120 days of the initial 
    exceedance. Any attempted corrective measure shall not cause 
    exceedances of other operational or performance standards.
        (6) An owner or operator seeking to demonstrate compliance with 
    Sec. 60.752(b)(2)(ii)(A)(4) through the use of a collection system not 
    conforming to the specifications provided in Sec. 60.759 shall provide 
    information satisfactory to the Administrator as specified in 
    Sec. 60.752(b)(2)(i)(C) demonstrating that off-site migration is being 
    controlled.
    
    [[Page 9925]]
    
        (b) For purposes of compliance with Sec. 60.753(a), each owner or 
    operator of a controlled landfill shall place each well or design 
    component as specified in the approved design plan as provided in 
    Sec. 60.752(b)(2)(i). Each well shall be installed within 60 days of 
    the date in which the initial solid waste has been in place for a 
    period of:
        (1) 5 years or more if active; or
        (2) 2 years or more if closed or at final grade.
        (c) The following procedures shall be used for compliance with the 
    surface methane operational standard as provided in Sec. 60.753(d).
        (1) After installation of the collection system, the owner or 
    operator shall monitor surface concentrations of methane along the 
    entire perimeter of the collection area and along a serpentine pattern 
    spaced 30 meters apart (or a site-specific established spacing) for 
    each collection area on a quarterly basis using an organic vapor 
    analyzer, flame ionization detector, or other portable monitor meeting 
    the specifications provided in paragraph (d) of this section.
        (2) The background concentration shall be determined by moving the 
    probe inlet upwind and downwind outside the boundary of the landfill at 
    a distance of at least 30 meters from the perimeter wells.
        (3) Surface emission monitoring shall be performed in accordance 
    with section 4.3.1 of Method 21 of appendix A of this part, except that 
    the probe inlet shall be placed within 5 to 10 centimeters of the 
    ground. Monitoring shall be performed during typical meteorological 
    conditions.
        (4) Any reading of 500 parts per million or more above background 
    at any location shall be recorded as a monitored exceedance and the 
    actions specified in paragraphs (c)(4) (i) through (v) of this section 
    shall be taken. As long as the specified actions are taken, the 
    exceedance is not a violation of the operational requirements of 
    Sec. 60.753(d).
        (i) The location of each monitored exceedance shall be marked and 
    the location recorded.
        (ii) Cover maintenance or adjustments to the vacuum of the adjacent 
    wells to increase the gas collection in the vicinity of each exceedance 
    shall be made and the location shall be re-monitored within 10 calendar 
    days of detecting the exceedance.
        (iii) If the re-monitoring of the location shows a second 
    exceedance, additional corrective action shall be taken and the 
    location shall be monitored again within 10 days of the second 
    exceedance. If the re-monitoring shows a third exceedance for the same 
    location, the action specified in paragraph (c)(4)(v) of this section 
    shall be taken, and no further monitoring of that location is required 
    until the action specified in paragraph (c)(4)(v) has been taken.
        (iv) Any location that initially showed an exceedance but has a 
    methane concentration less than 500 ppm methane above background at the 
    10-day re-monitoring specified in paragraph (c)(4) (ii) or (iii) of 
    this section shall be re-monitored 1 month from the initial exceedance. 
    If the 1-month remonitoring shows a concentration less than 500 parts 
    per million above background, no further monitoring of that location is 
    required until the next quarterly monitoring period. If the 1-month 
    remonitoring shows an exceedance, the actions specified in paragraph 
    (c)(4) (iii) or (v) shall be taken.
        (v) For any location where monitored methane concentration equals 
    or exceeds 500 parts per million above background three times within a 
    quarterly period, a new well or other collection device shall be 
    installed within 120 calendar days of the initial exceedance. An 
    alternative remedy to the exceedance, such as upgrading the blower, 
    header pipes or control device, and a corresponding timeline for 
    installation may be submitted to the Administrator for approval.
        (5) The owner or operator shall implement a program to monitor for 
    cover integrity and implement cover repairs as necessary on a monthly 
    basis.
        (d) Each owner or operator seeking to comply with the provisions in 
    paragraph (c) of this section shall comply with the following 
    instrumentation specifications and procedures for surface emission 
    monitoring devices:
        (1) The portable analyzer shall meet the instrument specifications 
    provided in section 3 of Method 21 of appendix A of this part, except 
    that ``methane'' shall replace all references to VOC.
        (2) The calibration gas shall be methane, diluted to a nominal 
    concentration of 500 parts per million in air.
        (3) To meet the performance evaluation requirements in section 
    3.1.3 of Method 21 of appendix A of this part, the instrument 
    evaluation procedures of section 4.4 of Method 21 of appendix A of this 
    part shall be used.
        (4) The calibration procedures provided in section 4.2 of Method 21 
    of appendix A of this part shall be followed immediately before 
    commencing a surface monitoring survey.
        (e) The provisions of this subpart apply at all times, except 
    during periods of start-up, shutdown, or malfunction, provided that the 
    duration of start-up, shutdown, or malfunction shall not exceed 5 days 
    for collection systems and shall not exceed 1 hour for treatment or 
    control devices.
    
    
    Sec. 60.756  Monitoring of operations.
    
        Except as provided in Sec. 60.752(b)(2)(i)(B),
        (a) Each owner or operator seeking to comply with 
    Sec. 60.752(b)(2)(ii)(A) for an active gas collection system shall 
    install a sampling port and a thermometer or other temperature 
    measuring device at each wellhead and:
        (1) Measure the gauge pressure in the gas collection header on a 
    monthly basis as provided in Sec. 60.755(a)(3); and
        (2) Monitor nitrogen or oxygen concentration in the landfill gas on 
    a monthly basis as provided in Sec. 60.755(a)(5); and
        (3) Monitor temperature of the landfill gas on a monthly basis as 
    provided in Sec. 60.755(a)(5).
        (b) Each owner or operator seeking to comply with 
    Sec. 60.752(b)(2)(iii) using an enclosed combustor shall calibrate, 
    maintain, and operate according to the manufacturer's specifications, 
    the following equipment.
        (1) A temperature monitoring device equipped with a continuous 
    recorder and having an accuracy of 1 percent of the 
    temperature being measured expressed in degrees Celsius or 
    0.5  deg.C, whichever is greater. A temperature monitoring 
    device is not required for boilers or process heaters with design heat 
    input capacity greater than 44 megawatts.
        (2) A gas flow rate measuring device that provides a measurement of 
    gas flow to or bypass of the control device. The owner or operator 
    shall either:
        (i) Install, calibrate, and maintain a gas flow rate measuring 
    device that shall record the flow to the control device at least every 
    15 minutes; or
        (ii) Secure the bypass line valve in the closed position with a 
    car-seal or a lock-and-key type configuration. A visual inspection of 
    the seal or closure mechanism shall be performed at least once every 
    month to ensure that the valve is maintained in the closed position and 
    that the gas flow is not diverted through the bypass line.
        (c) Each owner or operator seeking to comply with 
    Sec. 60.752(b)(2)(iii) using an open flare shall install, calibrate, 
    maintain, and operate according to the manufacturer's specifications 
    the following equipment:
        (1) A heat sensing device, such as an ultraviolet beam sensor or
    
    [[Page 9926]]
    thermocouple, at the pilot light or the flame itself to indicate the 
    continuous presence of a flame.
        (2) A device that records flow to or bypass of the flare. The owner 
    or operator shall either:
        (i) Install, calibrate, and maintain a gas flow rate measuring 
    device that shall record the flow to the control device at least every 
    15 minutes; or
        (ii) Secure the bypass line valve in the closed position with a 
    car-seal or a lock-and-key type configuration. A visual inspection of 
    the seal or closure mechanism shall be performed at least once every 
    month to ensure that the valve is maintained in the closed position and 
    that the gas flow is not diverted through the bypass line.
        (d) Each owner or operator seeking to demonstrate compliance with 
    Sec. 60.752(b)(2)(iii) using a device other than an open flare or an 
    enclosed combustor shall provide information satisfactory to the 
    Administrator as provided in Sec. 60.752(b)(2)(i)(B) describing the 
    operation of the control device, the operating parameters that would 
    indicate proper performance, and appropriate monitoring procedures. The 
    Administrator shall review the information and either approve it, or 
    request that additional information be submitted. The Administrator may 
    specify additional appropriate monitoring procedures.
        (e) Each owner or operator seeking to install a collection system 
    that does not meet the specifications in Sec. 60.759 or seeking to 
    monitor alternative parameters to those required by Sec. 60.753 through 
    Sec. 60.756 shall provide information satisfactory to the Administrator 
    as provided in Sec. 60.752(b)(2)(i) (B) and (C) describing the design 
    and operation of the collection system, the operating parameters that 
    would indicate proper performance, and appropriate monitoring 
    procedures. The Administrator may specify additional appropriate 
    monitoring procedures.
        (f) Each owner or operator seeking to demonstrate compliance with 
    Sec. 60.755(c), shall monitor surface concentrations of methane 
    according to the instrument specifications and procedures provided in 
    Sec. 60.755(d). Any closed landfill that has no monitored exceedances 
    of the operational standard in three consecutive quarterly monitoring 
    periods may skip to annual monitoring. Any methane reading of 500 ppm 
    or more above background detected during the annual monitoring returns 
    the frequency for that landfill to quarterly monitoring.
    
    
    Sec. 60.757  Reporting requirements.
    
        Except as provided in Sec. 60.752(b)(2)(i)(B),
        (a) Each owner or operator subject to the requirements of this 
    subpart shall submit an initial design capacity report to the 
    Administrator.
        (1) The initial design capacity report shall fulfill the 
    requirements of the notification of the date construction is commenced 
    as required under Sec. 60.7(a)(1) and shall be submitted no later than 
    the earliest day from the following:
        (i) 90 days of the issuance of the State, Local, Tribal, or RCRA 
    construction or operating permit; or
        (ii) 30 days of the date of construction or reconstruction as 
    defined under Sec. 60.15; or
        (iii) 30 days of the initial acceptance of solid waste.
        (2) The initial design capacity report shall contain the following 
    information:
        (i) A map or plot of the landfill, providing the size and location 
    of the landfill, and identifying all areas where solid waste may be 
    landfilled according to the provisions of the State, local, Tribal, or 
    RCRA construction or operating permit;
        (ii) The maximum design capacity of the landfill. Where the maximum 
    design capacity is specified in the State or local construction or RCRA 
    permit, a copy of the permit specifying the maximum design capacity may 
    be submitted as part of the report. If the maximum design capacity of 
    the landfill is not specified in the permit, the maximum design 
    capacity shall be calculated using good engineering practices. The 
    calculations shall be provided, along with such parameters as depth of 
    solid waste, solid waste acceptance rate, and compaction practices as 
    part of the report. The State, Tribal, local agency or Administrator 
    may request other reasonable information as may be necessary to verify 
    the maximum design capacity of the landfill.
        (3) An amended design capacity report shall be submitted to the 
    Administrator providing notification of any increase in the design 
    capacity of the landfill, whether the increase results from an increase 
    in the permitted area or depth of the landfill, a change in the 
    operating procedures, or any other means which results in an increase 
    in the maximum design capacity of the landfill above 2.5 million 
    megagrams or 2.5 million cubic meters. The amended design capacity 
    report shall be submitted within 90 days of the issuance of an amended 
    construction or operating permit, or the placement of waste in 
    additional land, or the change in operating procedures which will 
    result in an increase in maximum design capacity, whichever occurs 
    first.
        (b) Each owner or operator subject to the requirements of this 
    subpart shall submit an NMOC emission rate report to the Administrator 
    initially and annually thereafter, except as provided for in paragraphs 
    (b)(1)(ii) or (b)(3) of this section. The Administrator may request 
    such additional information as may be necessary to verify the reported 
    NMOC emission rate.
        (1) The NMOC emission rate report shall contain an annual or 5-year 
    estimate of the NMOC emission rate calculated using the formula and 
    procedures provided in Sec. 60.754(a) or (b), as applicable.
        (i) The initial NMOC emission rate report shall be submitted within 
    90 days of the date waste acceptance commences and may be combined with 
    the initial design capacity report required in paragraph (a) of this 
    section. Subsequent NMOC emission rate reports shall be submitted 
    annually thereafter, except as provided for in paragraphs (b)(1)(ii) 
    and (b)(3) of this section.
        (ii) If the estimated NMOC emission rate as reported in the annual 
    report to the Administrator is less than 50 megagrams per year in each 
    of the next 5 consecutive years, the owner or operator may elect to 
    submit an estimate of the NMOC emission rate for the next 5-year period 
    in lieu of the annual report. This estimate shall include the current 
    amount of solid waste-in-place and the estimated waste acceptance rate 
    for each year of the 5 years for which an NMOC emission rate is 
    estimated. All data and calculations upon which this estimate is based 
    shall be provided to the Administrator. This estimate shall be revised 
    at least once every 5 years. If the actual waste acceptance rate 
    exceeds the estimated waste acceptance rate in any year reported in the 
    5-year estimate, a revised 5-year estimate shall be submitted to the 
    Administrator. The revised estimate shall cover the 5-year period 
    beginning with the year in which the actual waste acceptance rate 
    exceeded the estimated waste acceptance rate.
        (2) The NMOC emission rate report shall include all the data, 
    calculations, sample reports and measurements used to estimate the 
    annual or 5-year emissions.
        (3) Each owner or operator subject to the requirements of this 
    subpart is exempted from the requirements of paragraphs (b)(1) and (2) 
    of this section, after the installation of a collection and control 
    system in compliance with Sec. 60.752(b)(2), during such time as the 
    collection and control system is in
    
    [[Page 9927]]
    operation and in compliance with Sec. Sec. 60.753 and 60.755.
        (c) Each owner or operator subject to the provisions of 
    Sec. 60.752(b)(2)(i) shall submit a collection and control system 
    design plan to the Administrator within 1 year of the first report, 
    required under paragraph (b) of this section, in which the emission 
    rate exceeds 50 megagrams per year, except as follows:
        (1) If the owner or operator elects to recalculate the NMOC 
    emission rate after Tier 2 NMOC sampling and analysis as provided in 
    Sec. 60.754(a)(3) and the resulting rate is less than 50 megagrams per 
    year, annual periodic reporting shall be resumed, using the Tier 2 
    determined site-specific NMOC concentration, until the calculated 
    emission rate is equal to or greater than 50 megagrams per year or the 
    landfill is closed. The revised NMOC emission rate report, with the 
    recalculated emission rate based on NMOC sampling and analysis, shall 
    be submitted within 180 days of the first calculated exceedance of 50 
    megagrams per year.
        (2) If the owner or operator elects to recalculate the NMOC 
    emission rate after determining a site-specific methane generation rate 
    constant (k), as provided in Tier 3 in Sec. 60.754(a)(4), and the 
    resulting NMOC emission rate is less than 50 Mg/yr, annual periodic 
    reporting shall be resumed. The resulting site-specific methane 
    generation rate constant (k) shall be used in the emission rate 
    calculation until such time as the emissions rate calculation results 
    in an exceedance. The revised NMOC emission rate report based on the 
    provisions of Sec. 60.754(a)(4) and the resulting site-specific methane 
    generation rate constant (k) shall be submitted to the Administrator 
    within 1 year of the first calculated emission rate exceeding 50 
    megagrams per year.
        (d) Each owner or operator of a controlled landfill shall submit a 
    closure report to the Administrator within 30 days of waste acceptance 
    cessation. The Administrator may request additional information as may 
    be necessary to verify that permanent closure has taken place in 
    accordance with the requirements of 40 CFR 258.60. If a closure report 
    has been submitted to the Administrator, no additional wastes may be 
    placed into the landfill without filing a notification of modification 
    as described under Sec. 60.7(a)(4).
        (e) Each owner or operator of a controlled landfill shall submit an 
    equipment removal report to the Administrator 30 days prior to removal 
    or cessation of operation of the control equipment.
        (1) The equipment removal report shall contain all of the following 
    items:
        (i) A copy of the closure report submitted in accordance with 
    paragraph (d) of this section;
        (ii) A copy of the initial performance test report demonstrating 
    that the 15 year minimum control period has expired; and
        (iii) Dated copies of three successive NMOC emission rate reports 
    demonstrating that the landfill is no longer producing 50 megagrams or 
    greater of NMOC per year.
        (2) The Administrator may request such additional information as 
    may be necessary to verify that all of the conditions for removal in 
    Sec. 60.752(b)(2)(v) have been met.
        (f) Each owner or operator of a landfill seeking to comply with 
    Sec. 60.752(b)(2) using an active collection system designed in 
    accordance with Sec. 60.752(b)(2)(ii) shall submit to the Administrator 
    annual reports of the recorded information in (f)(1) through (f)(6) of 
    this paragraph. The initial annual report shall be submitted within 180 
    days of installation and start-up of the collection and control system, 
    and shall include the initial performance test report required under 
    Sec. 60.8. For enclosed combustion devices and flares, reportable 
    exceedances are defined under Sec. 60.758(c).
        (1) Value and length of time for exceedance of applicable 
    parameters monitored under Sec. 60.756(a), (b), (c), and (d).
        (2) Description and duration of all periods when the gas stream is 
    diverted from the control device through a bypass line or the 
    indication of bypass flow as specified under Sec. 60.756.
        (3) Description and duration of all periods when the control device 
    was not operating for a period exceeding 1 hour and length of time the 
    control device was not operating.
        (4) All periods when the collection system was not operating in 
    excess of 5 days.
        (5) The location of each exceedance of the 500 parts per million 
    methane concentration as provided in Sec. 60.753(d) and the 
    concentration recorded at each location for which an exceedance was 
    recorded in the previous month.
        (6) The date of installation and the location of each well or 
    collection system expansion added pursuant to paragraphs (a)(3), (b), 
    and (c)(4) of Sec. 60.755.
        (g) Each owner or operator seeking to comply with 
    Sec. 60.752(b)(2)(i) shall include the following information with the 
    initial performance test report required under Sec. 60.8:
        (1) A diagram of the collection system showing collection system 
    positioning including all wells, horizontal collectors, surface 
    collectors, or other gas extraction devices, including the locations of 
    any areas excluded from collection and the proposed sites for the 
    future collection system expansion;
        (2) The data upon which the sufficient density of wells, horizontal 
    collectors, surface collectors, or other gas extraction devices and the 
    gas mover equipment sizing are based;
        (3) The documentation of the presence of asbestos or nondegradable 
    material for each area from which collection wells have been excluded 
    based on the presence of asbestos or nondegradable material;
        (4) The sum of the gas generation flow rates for all areas from 
    which collection wells have been excluded based on nonproductivity and 
    the calculations of gas generation flow rate for each excluded area; 
    and
        (5) The provisions for increasing gas mover equipment capacity with 
    increased gas generation flow rate, if the present gas mover equipment 
    is inadequate to move the maximum flow rate expected over the life of 
    the landfill; and
        (6) The provisions for the control of off-site migration.
    
    
    Sec. 60.758  Recordkeeping requirements.
    
        Except as provided in Sec. 60.752(b)(2)(i)(B),
        (a) Each owner or operator of an MSW landfill subject to the 
    provisions of Sec. 60.752(b) shall keep for at least 5 years up-to-
    date, readily accessible, on-site records of the maximum design 
    capacity, the current amount of solid waste in-place, and the year-by-
    year waste acceptance rate. Off-site records may be maintained if they 
    are retrievable within 4 hours. Either paper copy or electronic formats 
    are acceptable.
        (b) Each owner or operator of a controlled landfill shall keep up-
    to-date, readily accessible records for the life of the control 
    equipment of the data listed in paragraphs (b)(1) through (b)(4) of 
    this section as measured during the initial performance test or 
    compliance determination. Records of subsequent tests or monitoring 
    shall be maintained for a minimum of 5 years. Records of the control 
    device vendor specifications shall be maintained until removal.
        (1) Where an owner or operator subject to the provisions of this 
    subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(ii):
        (i) The maximum expected gas generation flow rate as calculated in 
    Sec. 60.755(a)(1). The owner or operator may use another method to 
    determine the maximum gas generation flow rate,
    
    [[Page 9928]]
    if the method has been approved by the Administrator.
        (ii) The density of wells, horizontal collectors, surface 
    collectors, or other gas extraction devices determined using the 
    procedures specified in Sec. 60.759(a)(1).
        (2) Where an owner or operator subject to the provisions of this 
    subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(iii) 
    through use of an enclosed combustion device other than a boiler or 
    process heater with a design heat input capacity greater than 44 
    megawatts:
        (i) The average combustion temperature measured at least every 15 
    minutes and averaged over the same time period of the performance test.
        (ii) The percent reduction of NMOC determined as specified in 
    Sec. 60.752(b)(2)(iii)(B) achieved by the control device.
        (3) Where an owner or operator subject to the provisions of this 
    subpart seeks to demonstrate compliance with 
    Sec. 60.752(b)(2)(iii)(B)(1) through use of a boiler or process heater 
    of any size: a description of the location at which the collected gas 
    vent stream is introduced into the boiler or process heater over the 
    same time period of the performance testing.
        (4) Where an owner or operator subject to the provisions of this 
    subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(iii)(A) 
    through use of an open flare, the flare type (i.e., steam-assisted, 
    air-assisted, or nonassisted), all visible emission readings, heat 
    content determination, flow rate or bypass flow rate measurements, and 
    exit velocity determinations made during the performance test as 
    specified in Sec. 60.18; continuous records of the flare pilot flame or 
    flare flame monitoring and records of all periods of operations during 
    which the pilot flame of the flare flame is absent.
        (c) Each owner or operator of a controlled landfill subject to the 
    provisions of this subpart shall keep for 5 years up-to-date, readily 
    accessible continuous records of the equipment operating parameters 
    specified to be monitored in Sec. 60.756 as well as up-to-date, readily 
    accessible records for periods of operation during which the parameter 
    boundaries established during the most recent performance test are 
    exceeded.
        (1) The following constitute exceedances that shall be recorded and 
    reported under Sec. 60.757(f):
        (i) For enclosed combustors except for boilers and process heaters 
    with design heat input capacity of 44 megawatts (150 million British 
    thermal unit per hour) or greater, all 3-hour periods of operation 
    during which the average combustion temperature was more than 28 oC 
    below the average combustion temperature during the most recent 
    performance test at which compliance with Sec. 60.752(b)(2)(iii) was 
    determined.
        (ii) For boilers or process heaters, whenever there is a change in 
    the location at which the vent stream is introduced into the flame zone 
    as required under paragraph (b)(3)(i) of this section.
        (2) Each owner or operator subject to the provisions of this 
    subpart shall keep up-to-date, readily accessible continuous records of 
    the indication of flow to the control device or the indication of 
    bypass flow or records of monthly inspections of car-seals or lock-and-
    key configurations used to seal bypass lines, specified under 
    Sec. 60.756.
        (3) Each owner or operator subject to the provisions of this 
    subpart who uses a boiler or process heater with a design heat input 
    capacity of 44 megawatts or greater to comply with 
    Sec. 60.752(b)(2)(iii) shall keep an up-to-date, readily accessible 
    record of all periods of operation of the boiler or process heater. 
    (Examples of such records could include records of steam use, fuel use, 
    or monitoring data collected pursuant to other State, local, Tribal, or 
    Federal regulatory requirements.)
        (4) Each owner or operator seeking to comply with the provisions of 
    this subpart by use of an open flare shall keep up-to-date, readily 
    accessible continuous records of the flame or flare pilot flame 
    monitoring specified under Sec. 60.756(c), and up-to-date, readily 
    accessible records of all periods of operation in which the flame or 
    flare pilot flame is absent.
        (d) Each owner or operator subject to the provisions of this 
    subpart shall keep for the life of the collection system an up-to-date, 
    readily accessible plot map showing each existing and planned collector 
    in the system and providing a unique identification location label for 
    each collector.
        (1) Each owner or operator subject to the provisions of this 
    subpart shall keep up-to-date, readily accessible records of the 
    installation date and location of all newly installed collectors as 
    specified under Sec. 60.755(b).
        (2) Each owner or operator subject to the provisions of this 
    subpart shall keep readily accessible documentation of the nature, date 
    of deposition, amount, and location of asbestos-containing or 
    nondegradable waste excluded from collection as provided in 
    Sec. 60.759(a)(3)(i) as well as any nonproductive areas excluded from 
    collection as provided in Sec. 60.759(a)(3)(ii).
        (e) Each owner or operator subject to the provisions of this 
    subpart shall keep for at least 5 years up-to-date, readily accessible 
    records of all collection and control system exceedances of the 
    operational standards in Sec. 60.753, the reading in the subsequent 
    month whether or not the second reading is an exceedance, and the 
    location of each exceedance.
    
    
    Sec. 60.759  Specifications for active collection systems.
    
        (a) Each owner or operator seeking to comply with 
    Sec. 60.752(b)(2)(i) shall site active collection wells, horizontal 
    collectors, surface collectors, or other extraction devices at a 
    sufficient density throughout all gas producing areas using the 
    following procedures unless alternative procedures have been approved 
    by the Administrator as provided in Sec. 60.752(b)(2)(i)(C) and (D):
        (1) The collection devices within the interior and along the 
    perimeter areas shall be certified to achieve comprehensive control of 
    surface gas emissions by a professional engineer. The following issues 
    shall be addressed in the design: depths of refuse, refuse gas 
    generation rates and flow characteristics, cover properties, gas system 
    expandibility, leachate and condensate management, accessibility, 
    compatibility with filling operations, integration with closure end 
    use, air intrusion control, corrosion resistance, fill settlement, and 
    resistance to the refuse decomposition heat.
        (2) The sufficient density of gas collection devices determined in 
    paragraph (a)(1) of this section shall address landfill gas migration 
    issues and augmentation of the collection system through the use of 
    active or passive systems at the landfill perimeter or exterior.
        (3) The placement of gas collection devices determined in paragraph 
    (a)(1) of this section shall control all gas producing areas, except as 
    provided by paragraphs (a)(3)(i) and (a)(3)(ii) of this section.
        (i) Any segregated area of asbestos or nondegradable material may 
    be excluded from collection if documented as provided under 
    Sec. 60.758(d). The documentation shall provide the nature, date of 
    deposition, location and amount of asbestos or nondegradable material 
    deposited in the area, and shall be provided to the Administrator upon 
    request.
        (ii) Any nonproductive area of the landfill may be excluded from 
    control, provided that the total of all excluded areas can be shown to 
    contribute less than 1 percent of the total amount of NMOC emissions 
    from the landfill. The
    
    [[Page 9929]]
    amount, location, and age of the material shall be documented and 
    provided to the Administrator upon request. A separate NMOC emissions 
    estimate shall be made for each section proposed for exclusion, and the 
    sum of all such sections shall be compared to the NMOC emissions 
    estimate for the entire landfill. Emissions from each section shall be 
    computed using the following equation:
    
    Qi = 2 k Lo Mi (e-kti) (CNMOC) (3.6  x  
    10-9)
    
    where,
    
    Qi = NMOC emission rate from the ith section, megagrams 
    per year
    k = methane generation rate constant, year-1
    Lo = methane generation potential, cubic meters per megagram 
    solid waste
    Mi = mass of the degradable solid waste in the ith 
    section, megagram
    ti = age of the solid waste in the ith section, years
    CNMOC = concentration of nonmethane organic compounds, parts 
    per million by volume
    3.6 x 10-9 = conversion factor
    
        (iii) The values for k, Lo, and CNMOC determined in field 
    testing shall be used, if field testing has been performed in 
    determining the NMOC emission rate or the radii of influence. If field 
    testing has not been performed, the default values for k, Lo and 
    CNMOC provided in Sec. 60.754(a)(1) shall be used. The mass of 
    nondegradable solid waste contained within the given section may be 
    subtracted from the total mass of the section when estimating emissions 
    provided the nature, location, age, and amount of the nondegradable 
    material is documented as provided in paragraph (a)(3)(i) of this 
    section.
        (b) Each owner or operator seeking to comply with 
    Sec. 60.752(b)(2)(i)(A) shall construct the gas collection devices 
    using the following equipment or procedures:
        (1) The landfill gas extraction components shall be constructed of 
    polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, 
    fiberglass, stainless steel, or other nonporous corrosion resistant 
    material of suitable dimensions to: convey projected amounts of gases; 
    withstand installation, static, and settlement forces; and withstand 
    planned overburden or traffic loads. The collection system shall extend 
    as necessary to comply with emission and migration standards. 
    Collection devices such as wells and horizontal collectors shall be 
    perforated to allow gas entry without head loss sufficient to impair 
    performance across the intended extent of control. Perforations shall 
    be situated with regard to the need to prevent excessive air 
    infiltration.
        (2) Vertical wells shall be placed so as not to endanger underlying 
    liners and shall address the occurrence of water within the landfill. 
    Holes and trenches constructed for piped wells and horizontal 
    collectors shall be of sufficient cross-section so as to allow for 
    their proper construction and completion including, for example, 
    centering of pipes and placement of gravel backfill. Collection devices 
    shall be designed so as not to allow indirect short circuiting of air 
    into the cover or refuse into the collection system or gas into the 
    air. Any gravel used around pipe perforations should be of a dimension 
    so as not to penetrate or block perforations.
        (3) Collection devices may be connected to the collection header 
    pipes below or above the landfill surface. The connector assembly shall 
    include a positive closing throttle valve, any necessary seals and 
    couplings, access couplings and at least one sampling port. The 
    collection devices shall be constructed of PVC, HDPE, fiberglass, 
    stainless steel, or other nonporous material of suitable thickness.
        (c) Each owner or operator seeking to comply with 
    Sec. 60.752(b)(2)(i)(A) shall convey the landfill gas to a control 
    system in compliance with Sec. 60.752(b)(2)(iii) through the collection 
    header pipe(s). The gas mover equipment shall be sized to handle the 
    maximum gas generation flow rate expected over the intended use period 
    of the gas moving equipment using the following procedures:
        (1) For existing collection systems, the flow data shall be used to 
    project the maximum flow rate. If no flow data exists, the procedures 
    in paragraph (c)(2) of this section shall be used.
        (2) For new collection systems, the maximum flow rate shall be in 
    accordance with Sec. 60.755(a)(1).
        10. Part 60 is further amended by adding Methods 2E, 3C and 25C to 
    appendix A as follows:
    
    Appendix A--Reference Methods
    
    * * * * *
    
    Method 2E--Determination of Landfill Gas; Gas Production Flow Rate
    
    1. Applicability and Principle
    
        1.1  Applicability. This method applies to the measurement of 
    landfill gas (LFG) production flow rate from municipal solid waste 
    (MSW) landfills and is used to calculate the flow rate of nonmethane 
    organic compounds (NMOC) from landfills. This method also applies to 
    calculating a site-specific k value as provided in 
    Sec. 60.754(a)(4). It is unlikely that a site-specific k value 
    obtained through Method 2E testing will lower the annual emission 
    estimate below 50 Mg/yr NMOC unless the Tier 2 emission estimate is 
    only slightly higher than 50 Mg/yr NMOC. Dry, arid regions may show 
    a more significant difference between the default and calculated k 
    values than wet regions.
        1.2  Principle. Extraction wells are installed either in a 
    cluster of three or at five locations dispersed throughout the 
    landfill. A blower is used to extract LFG from the landfill. LFG 
    composition, landfill pressures near the extraction well, and 
    volumetric flow rate of LFG extracted from the wells are measured 
    and the landfill gas production flow rate is calculated.
    
    2. Apparatus
    
        2.1  Well Drilling Rig. Capable of boring a 0.6 meters diameter 
    hole into the landfill to a minimum of 75 percent of the landfill 
    depth. The depth of the well shall not exceed the bottom of the 
    landfill or the liquid level.
        2.2  Gravel. No fines. Gravel diameter should be appreciably 
    larger than perforations stated in sections 2.10 and 3.2 of this 
    method.
        2.3  Bentonite.
        2.4  Backfill Material. Clay, soil, and sandy loam have been 
    found to be acceptable.
        2.5  Extraction Well Pipe. Polyvinyl chloride (PVC), high 
    density polyethylene (HDPE), fiberglass, stainless steel, or other 
    suitable nonporous material capable of transporting landfill gas 
    with a minimum diameter of 0.075 meters and suitable wall-thickness.
        2.6  Wellhead Assembly. Valve capable of adjusting gas flow at 
    the wellhead and outlet, and a flow measuring device, such as an in-
    line orifice meter or pitot tube. A schematic of the wellhead 
    assembly is shown in figure 1.
    
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        2.7  Cap. PVC, HDPE, fiberglass, stainless steel, or other 
    suitable nonporous material capable of transporting landfill gas 
    with a suitable wall-thickness.
        2.8  Header Piping. PVC, HDPE, fiberglass, stainless steel, or 
    other suitable nonporous material capable of transporting landfill 
    gas with a suitable wall-thickness.
        2.9  Auger. Capable of boring a 0.15 to 0.23 meters diameter 
    hole to a depth equal to the top of the perforated section of the 
    extraction well, for pressure probe installation.
        2.10  Pressure Probe. PVC or stainless steel (316), 0.025 
    meters. Schedule 40 pipe. Perforate the bottom two thirds. A minimum 
    requirement for perforations is slots or holes with an open area 
    equivalent to four 6.0 millimeter diameter holes spaced 90 deg. 
    apart every 0.15 meters.
        2.11  Blower and Flare Assembly. A water knockout, flare or 
    incinerator, and an explosion-proof blower, capable of extracting 
    LFG at a flow rate of at least 8.5 cubic meters per minute.
        2.12  Standard Pitot Tube and Differential Pressure Gauge for 
    Flow Rate Calibration with Standard Pitot. Same as Method 2, 
    sections 2.1 and 2.8.
        2.13  Gas flow measuring device. Permanently mounted Type S 
    pitot tube or an orifice meter.
        2.14  Barometer. Same as Method 4, section 2.1.5.
        2.15  Differential Pressure Gauge. Water-filled U-tube manometer 
    or equivalent, capable of measuring within 0.02 mm Hg, for measuring 
    the pressure of the pressure probes.
    
    3. Procedure
    
        3.1  Placement of Extraction Wells. The landfill owner or 
    operator shall either install a single cluster of three extraction 
    wells in a test area or space five wells over the landfill. The 
    cluster wells are recommended but may be used only if the 
    composition, age of the solid waste, and the landfill depth of the 
    test area can be determined. CAUTION: Since this method is complex, 
    only experienced personnel should conduct the test. Landfill gas 
    contains methane, therefore explosive mixtures may exist at or near 
    the landfill. It is advisable to take appropriate safety precautions 
    when testing landfills, such as installing explosion-proof equipment 
    and refraining from smoking.
        3.1.1  Cluster Wells. Consult landfill site records for the age 
    of the solid waste, depth, and composition of various sections of 
    the landfill. Select an area near the perimeter of the landfill with 
    a depth equal to or greater than the average depth of the landfill 
    and with the average age of the solid waste between 2 and 10 years 
    old. Avoid areas known to contain nondecomposable materials, such as 
    concrete and asbestos. Locate wells as shown in figure 2.
        Because the age of the solid waste in a test area will not be 
    uniform, calculate a weighted average to determine the average age 
    of the solid waste as follows.
    
    [GRAPHIC] [TIFF OMITTED] TR12MR96.027
    
    
    where,
    
    Aavg=average age of the solid waste tested, year
    fi=fraction of the solid waste in the ith section
    Ai=age of the ith fraction, year
    
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        3.1.2  Equal Volume Wells. This procedure is used when the 
    composition, age of solid waste, and landfill depth are not well 
    known. Divide the portion of the landfill that has had waste for at 
    least 2 years into five areas representing equal volumes. Locate an 
    extraction well near the center of each area. Avoid areas known to 
    contain nondecomposable materials, such as concrete and asbestos.
        3.2  Installation of Extraction Wells. Use a well drilling rig 
    to dig a 0.6 meters diameter hole in the landfill to a minimum of 75 
    percent of the landfill depth, not to exceed the bottom of the 
    landfill or the water table. Perforate the bottom two thirds of the 
    extraction well pipe. Perforations shall not be closer than 6 meters 
    from the cover. Perforations shall be holes or slots with an open 
    area equivalent to 1.0 centimeter diameter holes spaced 90 degrees 
    apart every 0.1 to 0.2 meters. Place the extraction well in the 
    center of the hole and backfill with 2.0 to 7.5 centimeters gravel 
    to a level 0.3 meters above the perforated section. Add a layer of 
    backfill material 1.2 meters thick. Add a layer of bentonite 1.0 
    meter thick, and backfill the remainder of the hole with cover 
    material or material equal in permeability to the existing cover 
    material. The specifications for extraction well installation are 
    shown in figure 3.
    
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        3.3  Pressure Probes. Shallow pressure probes are used in the 
    check for infiltration of air into the landfill, and deep pressure 
    probes are used to determine the radius of influence. Locate the 
    deep pressure probes along three radial arms approximately 120 
    degrees apart at distances of 3, 15, 30, and 45 meters from the 
    extraction well. The tester has the option of locating additional 
    pressure probes at distances every 15 meters beyond 45 meters. 
    Example placements of probes are shown in figure 4.
        The probes located 15, 30, and 45 meters from each well, and any 
    additional probes located along the three radial arms (deep probes), 
    shall extend to a depth equal to the top of the perforated section 
    of the extraction wells. Locate three shallow probes at a distance 
    of 3 m from the extraction well. Shallow probes shall extend to a 
    depth equal to half the depth of the deep probes.
    
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        Use an auger to dig a hole, approximately 0.15 to 0.23 meters in 
    diameter, for each pressure probe. Perforate the bottom two thirds 
    of the pressure probe. Perforations shall be holes or slots with an 
    open area equivalent to four 6.0 millimeter diameter holes spaced 90 
    degrees apart every 0.15 meters. Place the pressure probe in the 
    center of the hole and backfill with gravel to a level 0.30 meters 
    above the perforated section. Add a layer of backfill material at 
    least 1.2 meters thick. Add a layer of bentonite at least 0.3 meters 
    thick, and backfill the remainder of the hole with cover material or 
    material equal in permeability to the existing cover material. The 
    specifications for pressure probe installation are shown in figure 
    5.
    
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        3.4  LFG Flow Rate Measurement. Determine the flow rate of LFG 
    from the test wells continuously during testing with an orifice 
    meter. Alternative methods to measure the LFG flow rate may be used 
    with approval of the Administrator. Locate the orifice meter as 
    shown in figure 1. Attach the wells to the blower and flare 
    assembly. The individual wells may be ducted to a common header so 
    that a single blower and flare assembly and flow meter may be used. 
    Use the procedures in section 4.1 to calibrate the flow meter.
        3.5  Leak Check. A leak check of the above ground system is 
    required for accurate flow rate measurements and for safety. Sample 
    LFG at the wellhead sample port and at a point downstream of the 
    flow measuring device. Use Method 3C to determine nitrogen (N2) 
    concentrations. Determine the difference by using the formula below.
    
    Difference=Co-Cw
    
    where,
    
    Co=concentration of N2 at the outlet, ppmv
    Cw=concentration of N2 at the wellhead, ppmv
    
        The system passes the leak check if the difference is less than 
    10,000 ppmv. If the system fails the leak check, make the 
    appropriate adjustments to the above ground system and repeat the 
    leak check.
        3.6  Static Testing. The purpose of the static testing is to 
    determine the initial conditions of the landfill. Close the control 
    valves on the wells so that there is no flow of landfill gas from 
    the well. Measure the gauge pressure (Pg) at each deep pressure 
    probe and the barometric pressure (Pbar) every 8 hours for 3 
    days. Convert the gauge pressure of each deep pressure probe to 
    absolute pressure by using the following equation. Record as 
    Pi.
    
    Pi=Pbar+Pg
    
    where,
    
    Pbar=Atmospheric pressure, mm Hg
    Pg=Gauge pressure of the deep probes, mm Hg
    Pi=Initial absolute pressure of the deep probes during static 
    testing, mm Hg
    
        3.6.1  For each probe, average all of the 8 hr deep pressure 
    probe readings and record as Pia. The Pia is used in 
    section 3.7.6 to determine the maximum radius of influence.
        3.6.2  Measure the LFG temperature and the static flow rate of 
    each well once during static testing using a flow measurement 
    device, such as a Type S pitot tube and measure the temperature of 
    the landfill gas. The flow measurements should be made either just 
    before or just after the measurements of the probe pressures and are 
    used in determining the initial flow from the extraction well during 
    the short term testing. The temperature measurement is used in the 
    check for infiltration.
        3.7  Short Term Testing. The purpose of short term testing is to 
    determine the maximum vacuum that can be applied to the wells 
    without infiltration of air into the landfill. The short term 
    testing is done on one well at a time. During the short term 
    testing, burn LFG with a flare or incinerator.
        3.7.1  Use the blower to extract LFG from a single well at a 
    rate at least twice the static flow rate of the respective well 
    measured in section 3.6.2. If using a single blower and flare 
    assembly and a common header system, close the control valve on the 
    wells not being measured. Allow 24 hours for the system to stabilize 
    at this flow rate.
        3.7.2  Check for infiltration of air into the landfill by 
    measuring the temperature of the LFG at the wellhead, the gauge 
    pressures of the shallow pressure probes, and the LFG N2 
    concentration by using Method 3C. CAUTION: Increased vacuum at the 
    wellhead may cause infiltration of air into the landfill, which 
    increases the possibility of a landfill fire. Infiltration of air 
    into the landfill may occur if any of the following conditions are 
    met: the LFG N2 concentration is more than 20 percent, any of 
    the shallow probes have a negative gauge pressure, or the 
    temperature has increased above 55 deg.C or the maximum established 
    temperature during static testing. If infiltration has not occurred, 
    increase the blower vacuum by 4 mm Hg, wait 24 hours, and repeat the 
    infiltration check. If at any time, the temperature change exceeds 
    the limit, stop the test until it is safe to proceed. Continue the 
    above steps of increasing blower vacuum by 4 mm Hg, waiting 24 
    hours, and checking for infiltration until the concentration of 
    N2 exceeds 20 percent or any of the shallow probes have a 
    negative gauge pressure, at which time reduce the vacuum at the 
    wellhead so that the N2 concentration is less than 20 percent 
    and the gauge pressures of the shallow probes are positive. This is 
    the maximum vacuum at which infiltration does not occur.
        3.7.3  At this maximum vacuum, measure Pbar every 8 hours 
    for 24 hours and record the LFG flow rate as Qs and the probe 
    gauge pressures for all of the probes as Pf. Convert the gauge 
    pressures of the deep probes to absolute pressures for each 8-hour 
    reading at Qs as follows:
    
    P=Pbar+Pf
    
    where,
    
    Pbar=Atmospheric pressure, mm Hg
    Pf=Final absolute pressure of the deep probes during short term 
    testing, mm Hg
    P=Pressure of the deep probes, mm Hg
    
        3.7.4  For each probe, average the 8-hr deep pressure probe 
    readings and record as Pfa.
        3.7.5  For each probe, compare the initial average pressure 
    (Pia) from section 3.6.1 to the final average pressure 
    (Pfa). Determine the furthermost point from the wellhead along 
    each radial arm where Pfa  Pia. This distance 
    is the maximum radius of influence (ROI), which is the distance from 
    the well affected by the vacuum. Average these values to determine 
    the average maximum radius of influence (Rma).
        The average Rma may also be determined by plotting on semi-
    log paper the pressure differentials (Pfa-Pia) on the y-
    axis (abscissa) versus the distances (3, 15, 30 and 45 meters) from 
    the wellhead on the x-axis (ordinate). Use a linear regression 
    analysis to determine the distance when the pressure differential is 
    zero. Additional pressure probes may be used to obtain more points 
    on the semi-long plot of pressure differentials versus distances.
        3.7.6  Calculate the depth (Dst) affected by the extraction 
    well during the short term test as follows. If the computed value of 
    Dst exceeds the depth of the landfill, set Dst equal to 
    the landfill depth.
    
    Dst=WD + Rma2
    
    where,
    
    Dst=depth, m
    WD=well depth, m
    Rma=maximum radius of influence, m
    
        3.7.7  Calculate the void volume for the extraction well (V) as 
    follows.
    
    V=0.40  Rma2 Dst
    
    where,
    
    V=void volume of test well, m3
    Rma=maximum radius of influence, m
    Dst=depth, m
    
        3.7.8  Repeat the procedures in section 3.7 for each well.
        3.8  Calculate the total void volume of the test wells (Vv) 
    by summing the void volumes (V) of each well.
        3.9  Long Term Testing. The purpose of long term testing is to 
    determine the methane generation rate constant, k. Use the blower to 
    extract LFG from the wells. If a single blower and flare assembly 
    and common header system are used, open all control valves and set 
    the blower vacuum equal to the highest stabilized blower vacuum 
    demonstrated by any individual well in section 3.7. Every 8 hours, 
    sample the LFG from the wellhead sample port, measure the gauge 
    pressures of the shallow pressure probes, the blower vacuum, the LFG 
    flow rate, and use the criteria for infiltration in section 3.7.2 
    and Method 3C to check for infiltration. If infiltration is 
    detected, do not reduce the blower vacuum, but reduce the LFG flow 
    rate from the well by adjusting the control valve on the wellhead. 
    Adjust each affected well individually. Continue until the 
    equivalent of two total void volumes (Vv) have been extracted, 
    or until Vt=2 Vv.
        3.9.1  Calculate Vt, the total volume of LFG extracted from 
    the wells, as follows.
    [GRAPHIC] [TIFF OMITTED] TR12MR96.028
    
    where,
    
    Vt=total volume of LFG extracted from wells, m3
    Qi=LFG flow rate measured at orifice meter at the ith 
    interval, cubic meters per minute
    tvi=time of the ith interval, hour (usually 8)
    
        3.9.2  Record the final stabilized flow rate as Qf. If, 
    during the long term testing, the flow rate does not stabilize, 
    calculate Qf by averaging the last 10 recorded flow rates.
        3.9.3  For each deep probe, convert each gauge pressure to 
    absolute pressure as in section 3.7.4. Average these values and 
    record as Psa. For each probe, compare Pia to Psa. 
    Determine the furthermost point from the wellhead along each radial 
    arm where Psa  Pia. This distance is the 
    stabilized radius of influence. Average these values to determine 
    the average stabilized radius of influence (Rsa).
        3.10  Determine the NMOC mass emission rate using the procedures 
    in section 5.
        3.11  Deactivation of pressure probe holes. Upon completion of 
    measurements, if pressure probes are removed, restore the
    
    [[Page 9940]]
    integrity of the landfill cover by backfilling and sealing to 
    prevent venting of LFG to the atmosphere or air infiltration.
    
    4. Calibrations
    
        Gas Flow Measuring Device Calibration Procedure. Locate a 
    standard pitot tube in line with a gas flow measuring device. Use 
    the procedures in Method 2D, section 4, to calibrate the orifice 
    meter. Method 3C may be used to determine the dry molecular weight. 
    It may be necessary to calibrate more than one gas flow measuring 
    device to bracket the landfill gas flow rates. Construct a 
    calibration curve by plotting the pressure drops across the gas flow 
    measuring device for each flow rate versus the average dry gas 
    volumetric flow rate in cubic meters per minute of the gas. Use this 
    calibration curve to determine the volumetric flow from the wells 
    during testing.
    
    5. Calculations
    
        5.1  Nomenclature.
    
    Aavg=average age of the solid waste tested, year
    Ai=age of solid waste in the ith fraction, year
    A=age of landfill, year
    Ar=acceptance rate, megagrams per year
    CNMOC=NMOC concentration, ppmv as hexane (CNMOC=Ct/6)
    Ct=NMOC concentration, ppmv (carbon equivalent) from Method 25C
    D = depth affected by the test wells, m
    Dst=depth affected by the test wells in the short term test, m
    DLF=landfill depth, m
    f = fraction of decomposable solid waste in the landfill
    fi=fraction of the solid waste in the ith section
    k=methane generation rate constant, year-1
    Lo=methane generation potential, cubic meters per megagram
    Lo=revised methane generation potential to account for the 
    amount of nondecomposable material in the landfill, cubic meters per 
    megagram
    Mi=mass of solid waste of the ith section, megagrams
    Mr=mass of decomposable solid waste affected by the test well, 
    megagrams
    Mw=number of wells
    Pbar=atmospheric pressure, mm Hg
    Pg=gauge pressure of the deep pressure probes, mm Hg
    Pi=initial absolute pressure of the deep pressure probes during 
    static testing, mm Hg
    Pia=average initial absolute pressure of the deep pressure 
    probes during static testing, mm Hg
    Pf=final absolute pressure of the deep pressure probes during 
    short term testing, mm Hg
    Pfa=average final absolute pressure of the deep pressure probes 
    during short term testing, mm Hg
    Ps=final absolute pressure of the deep pressure probes during 
    long term testing, mm Hg
    Psa=average final absolute pressure of the deep pressure probes 
    during long term testing, mm Hg
    QB=required blow flow rate, cubic meters per minute
    Qf=final stabilized flow rate, cubic meters per minute
    Qi=LFG flow rate measured at orifice meter during the ith 
    interval, cubic meters per minute
    Qs=maximum LFG flow rate at each well determined by short term 
    test, cubic meters per minute
    Qt=NMOC mass emission rate, cubic meters per minute
    Rm=maximum radius of influence, m
    Rma=average maximum radius of influence, m
    Rs=stabilized radius of influence for an individual well, m
    Rsa=average stabilized radius of influence, m
    ti=age of section i, year
    tt=total time of long term testing, year
    V=void volume of test well, m3
    Vr=volume of solid waste affected by the test well, m3
    Vt=total volume of solid waste affected by the long term 
    testing, m3
    Vv=total void volume affected by test wells, m3
    WD=well depth, m
    =solid waste density, m3 (Assume 0.64 megagrams per 
    cubic meter if data are unavailable)
    
        5.2  Use the following equation to calculate the depth affected 
    by the test well. If using cluster wells, use the average depth of 
    the wells for WD. If the value of D is greater than the depth of the 
    landfill, set D equal to the landfill depth.
    
    D=WD+Rsa
    
        5.3  Use the following equation to calculate the volume of solid 
    waste affected by the test well.
    
    Vr=Rsa2  D
    
        5.4  Use the following equation to calculate the mass affected 
    by the test well.
    
    Mr=Vr
    
        5.5  Modify Lo to account for the nondecomposable solid 
    waste in the landfill.
    
    Lo'=f Lo
    
        5.6  In the following equation, solve for k by iteration. A 
    suggested procedure is to select a value for k, calculate the left 
    side of the equation, and if not equal to zero, select another value 
    for k. Continue this process until the left hand side of the 
    equation equals zero, #0.001.
    [GRAPHIC] [TIFF OMITTED] TR12MR96.029
    
          
        5.7  Use the following equation to determine landfill NMOC mass 
    emission rate if the yearly acceptance rate of solid waste has been 
    consistent (10 percent) over the life of the landfill.
    
    Qt = 2 Lo' Ar (1 - e-k A) CNMOC / (5.256 
    x  1011)
    
        5.8  Use the following equation to determine landfill NMOC mass 
    emission rate if the acceptance rate has not been consistent over 
    the life of the landfill.
    [GRAPHIC] [TIFF OMITTED] TR12MR96.030
    
    6. Bibliography
    
        1. Same as Method 2, appendix A, 40 CFR part 60.
        2. Emcon Associates, Methane Generation and Recovery from 
    Landfills. Ann Arbor Science, 1982.
        3. The Johns Hopkins University, Brown Station Road Testing and 
    Gas Recovery Projections. Laurel, Maryland: October 1982.
        4. Mandeville and Associates, Procedure Manual for Landfill 
    Gases Emission Testing.
        5. Letter and attachments from Briggum, S., Waste Management of 
    North America, to Thorneloe, S., EPA. Response to July 28, 1988 
    request for additional information. August 18,1988.
        6. Letter and attachments from Briggum, S., Waste Management of 
    North America, to Wyatt, S., EPA. Response to December 7, 1988 
    request for additional information. January 16, 1989.
    * * * * *
    
    Method 3C--Determination of Carbon Dioxide, Methane, Nitrogen, and 
    Oxygen From Stationary Sources
    
    1. Applicability and Principle
    
        1.1  Applicability. This method applies to the analysis of 
    carbon dioxide (CO2), methane (CH4), nitrogen (N2), 
    and oxygen (O2) in samples from municipal solid waste landfills 
    and other sources when specified in an applicable subpart.
        1.2  Principle. A portion of the sample is injected into a gas 
    chromatograph (GC) and the CO2, CH4, N2, and O2 
    concentrations are determined by using a thermal conductivity 
    detector (TCD) and integrator.
    
    2. Range and Sensitivity
    
        2.1  Range. The range of this method depends upon the 
    concentration of samples. The analytical range of TCD's is generally 
    between approximately 10 ppmv and the upper percent range.
        2.2  Sensitivity. The sensitivity limit for a compound is 
    defined as the minimum detectable concentration of that compound, or 
    the concentration that produces a signal-to-noise ratio of three to 
    one. For CO2, CH4, N2, and O2, the sensitivity 
    limit is in the low ppmv range.
    
    3. Interferences
    
        Since the TCD exhibits universal response and detects all gas 
    components except the carrier, interferences may occur. Choosing the 
    appropriate GC or shifting the retention times by changing the 
    column flow rate may help to eliminate resolution interferences.
        To assure consistent detector response, helium is used to 
    prepare calibration gases. Frequent exposure to samples or carrier 
    gas containing oxygen may gradually destroy filaments.
    
    4. Apparatus
    
        4.1  Gas Chromatograph. GC having at least the following 
    components:
        4.1.1  Separation Column. Appropriate column(s) to resolve 
    CO2, CH4, N2, O2, and other gas components that 
    may be present in the sample.
        4.1.2  Sample Loop. Teflon or stainless steel tubing of the 
    appropriate diameter.
    
    [[Page 9941]]
    Note: Mention of trade names or specific products does not 
    constitute endorsement or recommendation by the U. S. Environmental 
    Protection Agency.
        4.1.3  Conditioning System. To maintain the column and sample 
    loop at constant temperature.
        4.1.4  Thermal Conductivity Detector.
        4.2  Recorder. Recorder with linear strip chart. Electronic 
    integrator (optional) is recommended.
        4.3  Teflon Tubing. Diameter and length determined by connection 
    requirements of cylinder regulators and the GC.
        4.4  Regulators. To control gas cylinder pressures and flow 
    rates.
        4.5  Adsorption Tubes. Applicable traps to remove any O2 
    from the carrier gas.
    
    5. Reagents
    
        5.1  Calibration and Linearity Gases. Standard cylinder gas 
    mixtures for each compound of interest with at least three 
    concentration levels spanning the range of suspected sample 
    concentrations. The calibration gases shall be prepared in helium.
        5.2  Carrier Gas. Helium, high-purity.
    
    6. Analysis
    
        6.1  Sample Collection. Use the sample collection procedures 
    described in Methods 3 or 25C to collect a sample of landfill gas 
    (LFG).
        6.2  Preparation of GC. Before putting the GC analyzer into 
    routine operation, optimize the operational conditions according to 
    the manufacturer's specifications to provide good resolution and 
    minimum analysis time. Establish the appropriate carrier gas flow 
    and set the detector sample and reference cell flow rates at exactly 
    the same levels. Adjust the column and detector temperatures to the 
    recommended levels. Allow sufficient time for temperature 
    stabilization. This may typically require 1 hour for each change in 
    temperature.
        6.3  Analyzer Linearity Check and Calibration. Perform this test 
    before sample analysis. Using the gas mixtures in section 5.1, 
    verify the detector linearity over the range of suspected sample 
    concentrations with at least three points per compound of interest. 
    This initial check may also serve as the initial instrument 
    calibration. All subsequent calibrations may be performed using a 
    single-point standard gas provided the calibration point is within 
    20 percent of the sample component concentration. For each 
    instrument calibration, record the carrier and detector flow rates, 
    detector filament and block temperatures, attenuation factor, 
    injection time, chart speed, sample loop volume, and component 
    concentrations. Plot a linear regression of the standard 
    concentrations versus area values to obtain the response factor of 
    each compound. Alternatively, response factors of uncorrected 
    component concentrations (wet basis) may be generated using 
    instrumental integration. Note: Peak height may be used instead of 
    peak area throughout this method.
        6.4  Sample Analysis. Purge the sample loop with sample, and 
    allow to come to atmospheric pressure before each injection. Analyze 
    each sample in duplicate, and calculate the average sample area (A). 
    The results are acceptable when the peak areas for two consecutive 
    injections agree within 5 percent of their average. If they do not 
    agree, run additional samples until consistent area data are 
    obtained. Determine the tank sample concentrations according to 
    section 7.2.
    
    7. Calculations
    
        Carry out calculations retaining at least one extra decimal 
    figure beyond that of the acquired data. Round off results only 
    after the final calculation.
        7.1  Nomenclature.
    
    A = average sample area
    Bw = moisture content in the sample, fraction
    C = component concentration in the sample, dry basis, ppmv
    Ct = calculated NMOC concentration, ppmv C equivalent
    Ctm = measured NMOC concentration, ppmv C equivalent
    Pbar = barometric pressure, mm Hg
    Pti = gas sample tank pressure after evacuation, mm Hg absolute
    Pt = gas sample tank pressure after sampling, but before 
    pressurizing, mm Hg absolute
    Ptf = final gas sample tank pressure after pressurizing, mm Hg 
    absolute
    Pw = vapor pressure of H2O (from table 3C-1), mm Hg
    Tti = sample tank temperature before sampling,  deg.K
    Tt = sample tank temperature at completion of sampling,  deg.K
    Ttf = sample tank temperature after pressurizing,  deg.K
    r = total number of analyzer injections of sample tank during 
    analysis (where j = injection number, 1 . . . r)
    R = Mean calibration response factor for specific sample component, 
    area/ppmv
    
                        Table 3C-1.--Moisture Correction                    
    ------------------------------------------------------------------------
                                                                    Vapor   
                         Temperature  deg.C                      Pressure of
                                                                  H2O, mm Hg
    ------------------------------------------------------------------------
    4..........................................................          6.1
    6..........................................................          7.0
    8..........................................................          8.0
    10.........................................................          9.2
    12.........................................................         10.5
    14.........................................................         12.0
    16.........................................................         13.6
    18.........................................................         15.5
    20.........................................................         17.5
    22.........................................................         19.8
    24.........................................................         22.4
    26.........................................................         25.2
    28.........................................................         28.3
    30.........................................................         31.8
    ------------------------------------------------------------------------
    
        7.2  Concentration of Sample Components. Calculate C for each 
    compound using Equations 3C-1 and 3C-2. Use the temperature and 
    barometric pressure at the sampling site to calculate Bw. If the 
    sample was diluted with helium using the procedures in Method 25C, 
    use Equation 3C-3 to calculate the concentration.
    [GRAPHIC] [TIFF OMITTED] TR12MR96.031
    
    8. Bibliography
    
        1. McNair, H.M., and E.J. Bonnelli. Basic Gas Chromatography. 
    Consolidated Printers, Berkeley, CA. 1969.
    * * * * *
    
    Method 25C--Determination of Nonmethane Organic Compounds (NMOC) in MSW 
    Landfill Gases
    
    1. Applicability and Principle
    
        1.1  Applicability. This method is applicable to the sampling 
    and measurement of nonmethane organic compounds (NMOC) as carbon in 
    MSW landfill gases.
        1.2  Principle. A sample probe that has been perforated at one 
    end is driven or augered to a depth of 1.0 meter below the bottom of 
    the landfill cover. A sample of the landfill gas is extracted with 
    an evacuated cylinder. The NMOC content of the gas is determined by 
    injecting a portion of the gas into a gas chromatographic column to 
    separate the NMOC from carbon monoxide (CO), carbon dioxide 
    (CO2), and methane (CH4); the NMOC are oxidized to 
    CO2, reduced to CH4, and measured by a flame ionization 
    detector (FID). In this manner, the variable response of the FID 
    associated with different types of organics is eliminated.
    
    2. Apparatus
    
        2.1  Sample Probe. Stainless steel, with the bottom third 
    perforated. The sample probe shall be capped at the bottom and shall 
    have a threaded cap with a sampling attachment at the top. The 
    sample probe shall be long enough to go through and extend no less 
    than 1.0 meter below the landfill cover. If the sample probe is to 
    be driven into the landfill, the bottom cap should be designed to 
    facilitate driving the probe into the landfill.
        2.2  Sampling Train.
        2.2.1  Rotameter with Flow Control Valve. Capable of measuring a 
    sample flow rate of 500 ml/min or less (30.53.1 m\3\/
    min). The control valve shall be made of stainless steel.
        2.2.2  Sampling Valve. Stainless steel.
        2.2.3  Pressure Gauge. U-tube mercury manometer, or equivalent, 
    capable of measuring pressure to within 1 mm Hg in the range of 0 to 
    1,100 mm Hg.
        2.2.4  Sample Tank. Stainless steel or aluminum cylinder, with a 
    minimum volume of 4 liters and equipped with a stainless steel 
    sample tank valve.
        2.3  Vacuum Pump. Capable of evacuating to an absolute pressure 
    of 10 mm Hg.
        2.4  Purging Pump. Portable, explosion proof, and suitable for 
    sampling NMOC.
    
    [[Page 9942]]
    
        2.5  Pilot Probe Procedure. The following are needed only if the 
    tester chooses to use the procedure described in section 4.2.1.
        2.5.1  Pilot Probe. Tubing of sufficient strength to withstand 
    being driven into the landfill by a post driver and an outside 
    diameter of at least 6.0 millimeters smaller than the sample probe. 
    The pilot probe shall be capped on both ends and long enough to go 
    through the landfill cover and extend no less than 1.0 meter into 
    the landfill.
        2.5.2  Post Driver and Compressor. Capable of driving the pilot 
    probe and the sampling probe into the landfill.
        2.6  Auger Procedure. The following are needed only if the 
    tester chooses to use the procedure described in section 4.2.2.
        2.6.1  Auger. Capable of drilling through the landfill cover and 
    to a depth of no less than 0.9 meters into the landfill.
        2.6.2  Pea Gravel.
        2.6.3  Bentonite.
        2.7  NMOC Analyzer, Barometer, Thermometer, and Syringes. Same 
    as in sections 2.3, 2.4.1, 2.4.2, 2.4.4, respectively, of Method 25.
    
    3. Reagents
    
        3.1  NMOC Analysis. Same as in Method 25, section 3.2.
        3.2  Calibration. Same as in Method 25, section 3.4, except omit 
    section 3.4.3.
    
    4. Procedure
    
        4.1  Sample Tank Evacuation and Leak Check. Conduct the sample 
    tank evacuation and leak check either in the laboratory or the 
    field. Connect the pressure gauge and sampling valve to the sample 
    tank. Evacuate the sample tank to 10 mm Hg absolute pressure or 
    less. Close the sampling valve, and allow the tank to sit for 60 
    minutes. The tank is acceptable if no change is noted. Include the 
    results of the leak check in the test report.
        4.2  Sample Probe Installation. The tester may use the procedure 
    in sections 4.2.1 or 4.2.2. CAUTION: Since this method is complex, 
    only experienced personnel should perform this test. LFG contains 
    methane, therefore explosive mixtures may exist on or near the 
    landfill. It is advisable to take appropriate safety precautions 
    when testing landfills, such as refraining from smoking and 
    installing explosion-proof equipment.
        4.2.1  Pilot Probe Procedure. Use the post driver to drive the 
    pilot probe at least 1.0 meter below the landfill cover. Alternative 
    procedures to drive the probe into the landfill may be used subject 
    to the approval of the Administrator.
        Remove the pilot probe and drive the sample probe into the hole 
    left by the pilot probe. The sample probe shall extend not less than 
    1.0 meter below the landfill cover and shall protrude about 0.3 
    meters above the landfill cover. Seal around the sampling probe with 
    bentonite and cap the sampling probe with the sampling probe cap.
        4.2.2  Auger Procedure. Use an auger to drill a hole through the 
    landfill cover and to at least 1.0 meter below the landfill cover. 
    Place the sample probe in the hole and backfill with pea gravel to a 
    level 0.6 meters from the surface. The sample probe shall protrude 
    at least 0.3 meters above the landfill cover. Seal the remaining 
    area around the probe with bentonite. Allow 24 hours for the 
    landfill gases to equilibrate inside the augered probe before 
    sampling.
        4.3  Sample Train Assembly. Prepare the sample by evacuating and 
    filling the sample tank with helium three times. After the third 
    evacuation, charge the sample tank with helium to a pressure of 
    approximately 325 mm Hg. Record the pressure, the ambient 
    temperature, and the barometric pressure. Assemble the sampling 
    probe purging system as shown in figure 1.
    
    BILLING CODE 6560-50-P
    [GRAPHIC] [TIFF OMITTED] TR12MR96.023
    
    
        4.4  Sampling Procedure. Open the sampling valve and use the 
    purge pump and the flow control valve to evacuate at least two 
    sample probe volumes from the system at a flow rate of 500 ml/min or 
    less (30.53.1 m\3\/min). Close the sampling valve and 
    replace the purge pump with the sample tank apparatus as shown in 
    figure 2. Open the sampling valve and the sample tank valves and, 
    using the flow control valve, sample at a flow rate of 500 ml/min or 
    less (30.53.1 m\3\/min) until the sample tank gauge 
    pressure is zero. Disconnect the sampling tank apparatus and use the 
    carrier gas bypass valve to pressurize the sample cylinder to 
    approximately 1,060 mm Hg absolute pressure with helium and record 
    the final pressure. Alternatively, the sample tank may be 
    pressurized in the lab. If not analyzing for N2, the sample 
    cylinder may be pressurized with zero air. Use Method 3C to 
    determine the percent N2 in the sample. Presence of N2 
    indicates infiltration of ambient air into the gas sample. The 
    landfill sample is acceptable if the concentration of N2 is 
    less than 20 percent.
    
    
    [[Page 9943]]
    [GRAPHIC] [TIFF OMITTED] TR12MR96.024
    
    
    
        4.5  Analysis. The oxidation, reduction, and measurement of NMOC 
    is similar to Method 25. Before putting the NMOC analyzer into 
    routine operation, conduct an initial performance test. Start the 
    analyzer, and perform all the necessary functions to put the 
    analyzer into proper working order. Conduct the performance test 
    according to the procedures established in section 5.1. Once the 
    performance test has been successfully completed and the NMOC 
    calibration response factor has been determined, proceed with sample 
    analysis as follows:
        4.5.1  Daily Operations and Calibration Checks. Before and 
    immediately after the analysis of each set of samples or on a daily 
    basis (whichever occurs first), conduct a calibration test according 
    to the procedures established in section 5.2. If the criteria of the 
    daily calibration test cannot be met, repeat the NMOC analyzer 
    performance test (section 5.1) before proceeding.
        4.5.2  Operating Conditions. Same as in Method 25, section 
    4.4.2.
        4.5.3  Analysis of Sample Tank. Purge the sample loop with 
    sample, and then inject the sample. Under the specified operating 
    conditions, the CO2 in the sample will elute in approximately 
    100 seconds. As soon as the detector response returns to baseline 
    following the CO2 peak, switch the carrier gas flow to 
    backflush, and raise the column oven temperature to 195  deg.C as 
    rapidly as possible. A rate of 30  deg.C/min has been shown to be 
    adequate. Record the value obtained for any measured NMOC. Return 
    the column oven temperature to 85  deg.C in preparation for the next 
    analysis. Analyze each sample in triplicate, and report the average 
    as Ctm.
        4.6  Audit Samples. Same as in Method 25, section 4.5.
        4.7  Deactivation of Sample Probe Holes. Once sampling has taken 
    place, either plug the sampling probes with a cap or remove the 
    probes and refill the hole with cover material.
    
    5. Calibration and Operational Checks
    
        Maintain a record of performance of each item.
        5.1  Initial NMOC Analyzer Performance Test. Same as in Method 
    25, section 5.2, except omit the linearity checks for CO2 
    standards.
        5.2  NMOC Analyzer Daily Calibration. NMOC response factors, 
    same as in Method 25, section 5.3.2.
    
    6. Calculations
    
        All equations are written using absolute pressure; absolute 
    pressures are determined by adding the measured barometric pressure 
    to the measured gauge of manometer pressure.
        6.1  Nomenclature.
    
    Bw=moisture content in the sample, fraction
    CN2=measured N2 concentration, fraction
    Ct=calculated NMOC concentration, ppmv C equivalent
    Ctm=measured NMOC concentration, ppmv C equivalent
    Pb=barometric pressure, mm Hg
    Pti=gas sample tank pressure before sampling, mm Hg absolute
    Pt=gas sample tank pressure at completion of sampling, but 
    before pressurizing, mm Hg absolute
    Ptf=final gas sample tank pressure after pressurizing, mm Hg 
    absolute
    Pw=vapor pressure of H2O (from table 25C-1), mm Hg
    Tti=sample tank temperature before sampling,  deg.K
    Tt=sample tank temperature at completion of sampling, but 
    before pressuring,  deg.K
    Ttf=sample tank temperature after pressurizing,  deg.K
    r=total number of analyzer injections of sample tank during analysis 
    (where j=injection number, 1. . .r)
    
        6.2  Water Correction. Use table 25C-1, the LFG temperature, and 
    barometric pressure at the sampling site to calculate Bw.
    [GRAPHIC] [TIFF OMITTED] TR12MR96.032
    
    
                        Table 25C-1.--Moisture Correction                   
    ------------------------------------------------------------------------
                                                                    Vapor   
                        Temperature,  deg.C                      Pressure of
                                                                  H2O, mm Hg
    ------------------------------------------------------------------------
    4..........................................................          6.1
    6..........................................................          7.0
    8..........................................................          8.0
    1..........................................................          9.2
    12.........................................................         10.5
    14.........................................................         12.0
    16.........................................................         13.6
    18.........................................................         15.5
    20.........................................................         17.5
    22.........................................................         19.8
    24.........................................................         22.4
    26.........................................................         25.2
    28.........................................................         28.3
    30.........................................................         31.8
    ------------------------------------------------------------------------
    
        6.3  NMOC Concentration. Use the following equation to calculate 
    the concentration of NMOC for each sample tank.
    
    [[Page 9944]]
    [GRAPHIC] [TIFF OMITTED] TR12MR96.033
    
    
    
    7. Bibliography
    
        1. Salon, Albert E., Samuel Witz, and Robert D. MacPhee. 
    Determination of Solvent Vapor Concentrations by Total Combustion 
    Analysis: A Comparison of Infrared with Flame Ionization Detectors. 
    Paper No. 75-33.2. (Presented at the 68th Annual Meeting of the Air 
    Pollution Control Association. Boston, Massachusetts. June 15-20, 
    1975.) p. 14.
        2. Salon, Albert E., William L. Oaks, and Robert D. MacPhee. 
    Measuring the Organic Carbon Content of Source Emissions for Air 
    Pollution Control. Paper No. 74-190. (Presented at the 67th Annual 
    Meeting of the Air Pollution Control Association. Denver, Colorado. 
    June 9-13, 1974.) p. 25.
    
    [FR Doc. 96-5529 Filed 3-11-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
3/12/1996
Published:
03/12/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule and guideline.
Document Number:
96-5529
Dates:
Effective on March 12, 1996.
Pages:
9905-9944 (40 pages)
Docket Numbers:
AD-FRL-5437-8
RINs:
2060-AC42: NSPS: Municipal Solid Waste Landfills
RIN Links:
https://www.federalregister.gov/regulations/2060-AC42/nsps-municipal-solid-waste-landfills
PDF File:
96-5529.pdf
CFR: (137)
40 CFR 60.7(a)(4)
40 CFR 60.754(a)(4)
40 CFR 60.754(a)(3)
40 CFR 60.755(a)(1)
40 CFR 60.759(a)(3)(i)
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