appendix a emission guidelines (subpart cc) and new … · b. emission rate cutoff c. collection...

APPENDIX A

EMISSION GUIDELINES (SUBPART Cc) AND NEW SOURCE PERFORMANCE STANDARDS (SUBPART WWW), AMENDMENTS

TO SUBPARTS Cc AND WWW AND APPENDIX A - REFERENCE METHODS (METHOD 2E, METHOD 3C, AND METHOD 25C)

A1 Subparts Cc and WWW of 40 CFR Part 60 can be found as published in the FederalRegister on March 12, 1996 (61 FR 9905) or on the internet at http://www.epa.gov/docs/fedrgstr/EPA-AIR/1996/March

A2 Amendments to Subparts Cc and WWW appeared as a direct final notice in the FederalRegister on June 16, 1998 (63 FR 32743) and can also be found on the internet athttp://www.epa.gov/docs/fedrgstr/EPA-AIR/1998/June

APPENDIX A1

Subparts Cc and WWW of 40 CFR Part 60 can be found as published in the FederalRegister on March 12, 1996 (61 FR 9905) or on the internet at http://www.epa.gov/docs/fedrgstr/EPA-AIR/1996/March

9905Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations

§ 706.2 Certifications of the Secretary ofthe Navy under Executive Order 11964 and33 U.S.C. 1605.* * * * *

TABLE FIVE

Vessel No.

Mastheadlights notover allother

lights andobstruc-

tions.annex I,sec. 2(f)

Forwardmastheadlight not

in forwardquarter of

ship.annex I,sec. 3(a)

Aftermastheadlight lessthan 1⁄2ship’s

length aftof for-ward

mastheadlight.

annex I,sec. 3(a)

Percentagehorizontalseparationattained

* * * * * * *USS PAUL HAMILTON .......................................................................................... DDG 60 X X X 20.4

* * * * * * *

Dated: February 25, 1996.R. R. Pixa,Captain, JAGC, U.S. Navy, Deputy AssistantJudge Advocate General (Admiralty).[FR Doc. 96–5837 Filed 3–11–96; 8:45 am]BILLING CODE 3810–FF–P

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Parts 51, 52, and 60

[AD–FRL–5437–8]

RIN 2060–AC42

Standards of Performance for NewStationary Sources and Guidelines forControl of Existing Sources: MunicipalSolid Waste Landfills

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule and guideline.

SUMMARY: This action adds subpartsWWW and Cc to 40 CFR part 60 bypromulgating standards of performancefor new municipal solid waste landfillsand emission guidelines for existingmunicipal solid waste landfills. Thisaction also adds the source category‘‘municipal solid waste landfills’’ to thepriority list in 40 CFR Part 60, § 60.16,for regulation under section 111 of theClean Air Act. These standards andemission guidelines implement section111 of the Clean Air Act and are basedon the Administrator’s determinationthat municipal solid waste landfillscause, or contribute significantly to, airpollution that may reasonably beanticipated to endanger public health orwelfare. The emissions of concern arenon-methane organic compounds

(NMOC) and methane. NMOC includevolatile organic compounds (VOC),hazardous air pollutants (HAPs), andodorous compounds. VOC emissionscontribute to ozone formation whichcan result in adverse effects to humanhealth and vegetation. Ozone canpenetrate into different regions of therespiratory tract and be absorbedthrough the respiratory system. Thehealth effects of exposure to HAPs caninclude cancer, respiratory irritation,and damage to the nervous system.Methane emissions contribute to globalclimate change and can result in fires orexplosions when they accumulate instructures on or off the landfill site. Theintended effect of the standards andguidelines is to require certainmunicipal solid waste landfills tocontrol emissions to the level achievableby the best demonstrated system ofcontinuous emission reduction,considering costs, nonair quality health,and environmental and energy impacts.EFFECTIVE DATE: Effective on March 12,1996.ADDRESSES: Background InformationDocument. The background informationdocument for the promulgatedstandards may be obtained from the U.S.EPA Library (MD–35), Research TrianglePark, North Carolina 27711, telephonenumber (919) 541–2777. Please refer to‘‘Air Emissions from Municipal SolidWaste Landfills—BackgroundInformation for Final Standards andEmission Guidelines,’’ EPA–453/R–94–021. The Background InformationDocument contains: (1) A summary ofall the public comments made on theproposed standards and the Notice ofData Availability as well as theAdministrator’s response to these

comments, (2) a summary of the changesmade to the standards since proposal,and (3) the final Environmental ImpactStatement, which summarizes theimpacts of the standards.

Docket. Docket No. A–88–09,containing supporting information usedin developing the promulgatedstandards, is available for publicinspection and copying between 8:00a.m. and 4:00 p.m., Monday throughFriday, except for Federal holidays atthe following address: U.S.Environmental Protection Agency, Airand Radiation Docket and InformationCenter (MC–6102), 401 M Street SW.,Washington, DC 20460 [phone: (202)260–7548]. The docket is located at theabove address in Room M–1500,Waterside Mall (ground floor). Areasonable fee may be charged forcopying.FOR FURTHER INFORMATION CONTACT: Forinformation on the regulation ofmunicipal solid waste landfills, contactMs. Martha Smith, Waste and ChemicalProcesses Group, Emission StandardsDivision (MD–13), U.S. EnvironmentalProtection Agency, Research TrianglePark, North Carolina 27711, telephonenumber (919) 541–2421.

SUPPLEMENTARY INFORMATION:

Judicial ReviewUnder section 307(b)(1) of the Clean

Air Act, judicial review of the actionstaken by this notice is available only bythe filing of a petition for review in theU.S. Court of Appeals for the District ofColumbia Circuit within 60 days oftoday’s publication of this rule. Undersection 307(b)(2) of the Clean Air Act,the requirements that are the subject oftoday’s notice may not be challenged

9906 Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations

later in civil or criminal proceedingsbrought by the EPA to enforce theserequirements.

The following outline is provided toaid in locating information in theintroductory text (preamble) to the finalstandards.I. Acronyms, Abbreviations, and

Measurement UnitsA. AcronymsB. Abbreviations and Measurement UnitsC. Conversion Factors and Commonly Used

UnitsII. BackgroundIII. Summary of Considerations in

Developing the Standards and EmissionGuidelines

A. Purpose of the RegulationB. Technical Basis of the RegulationC. Stakeholders and Public Involvement

IV. Summary of the Standards, EmissionGuidelines, and Methods

V. Impacts of the Standards and EmissionGuidelines

A. Environmental ImpactsB. Cost and Economic Impacts

VI. Significant Changes to the ProposedStandards and Emission Guidelines

A. Design Capacity ExemptionB. Emission Rate CutoffC. Collection System Design SpecificationsD. Timing for Well PlacementE. Operational StandardsF. Surface Emission MonitoringG. Model Default Values

VII. PermittingA. New Source Review PermitsB. Operating Permits

VIII. Administrative RequirementsA. DocketB. Paperwork Reduction ActC. Executive Order 12866D. Executive Order 12875E. Unfunded Mandate Reform ActF. Regulatory Flexibility ActG. Miscellaneous

I. Acronyms, Abbreviations, andMeasurement Units

The following definitions, acronyms,and measurement units are provided toclarify the preamble to the final rule.

A. Acronyms

BDT—best demonstrated technologyBID—background information

documentCAA—Clean Air ActCERCLA—Comprehensive

Environmental Response,Compensation, and Liability Act

EG—emission guideline(s)EPA—Environmental Protection AgencyFR—Federal RegisterHAP—hazardous air pollutantLFG—landfill gasMSW—municipal solid wasteNMOC—nonmethane organic

compoundsNPV—net present valueNSPS—new source performance

standards

NSR—new source reviewOMB—Office of Management and

BudgetPSD—prevention of significant

deteriorationRCRA—Resource Conservation and

Recovery ActVOC—volatile organic compound(s)

B. Abbreviations and MeasurementUnits

J/scm—joules per standard cubic meterm—meterMg—megagrammm—millimeterppm—parts per millionppmv—parts per million by volumetpy—tons per yearyr—year

C. Conversion Factors and CommonlyUsed Units

1 meter = 3.2808 feet1 megagram = 1.1023 tons = 2204.6

pounds1 cubic meter = 35.288 cubic feet =

1.3069 cubic yards1 cubic meter = 0.0008101 acre-feetDegrees Celsius = (degrees Fahrenheit ¥

32)/1.8

II. Background

The United States EnvironmentalProtection Agency (EPA) originallyconsidered regulating MSW landfillemissions under a RCRA subtitle Drulemaking. However, the Administratordecided to regulate MSW landfillemissions under the authority of theCAA, and announced the decision inthe Federal Register on August 30, 1988(53 FR 33314). The EPA decided topropose regulation of new MSWlandfills under section 111(b) of theCAA and to propose EG for existingMSW landfills under section 111(d).

The EPA published a proposal of thisNSPS and EG in the Federal Register onMay 30, 1991 (56 FR 24468).

Following the receipt of new data andchanges in the modeling techniques, theEPA published a Notice of DataAvailability in the Federal Register onJune 21, 1993 (56 FR 33790).

Under the authority of section111(b)(1)(A) of the CAA, today’s noticeadds the source category MSW landfillsto the priority list in 40 CFR 60.16because, in the judgement of theAdministrator, it contributessignificantly to air pollution which mayreasonably be anticipated to endangerpublic health and welfare. Furtherrationale for this finding is contained insection 1.1.1 of the promulgation BID(EPA–453/R–94–021).

Today’s notice promulgates the finalNSPS and EG for MSW landfills. Thepromulgation BID ‘‘Air Emissions from

Municipal Solid Waste Landfills—Background Information for FinalStandards and Guidelines’’ (EPA 453/R–94–021) summarizes all publiccomments on the proposed NSPS andEG and the EPA responses. For furtherdiscussion of stakeholder and publicinvolvement in the development of therules see section III.C. of this preamble.

Recent information suggests thatmercury might be emitted fromlandfills. The EPA is still looking at thepossibility and will take action asappropriate in the future under thelandfill national emission standards forhazardous air pollutants.

III. Summary of Considerations inDeveloping the Standards and EmissionGuidelines

A. Purpose of the RegulationLandfill gas emissions contain

methane, carbon dioxide, and more than100 different NMOC, such as vinylchloride, toluene, and benzene. Studiesindicate that MSW landfill gasemissions can at certain levels haveadverse effects on both public healthand welfare. The EPA presentedconcerns with the health and welfareeffects of landfill gases in the preambleto the proposed regulations (56 FR24468).

Briefly, specific health and welfareeffects from LFG emissions are asfollows: NMOC contribute to ozoneformation; some NMOC are known orsuspected carcinogens, or cause othernoncancer health effects; NMOC cancause an odor nuisance; methaneemissions present a well-documenteddanger of fire and explosion on-site andoff-site, and contribute to global climatechange as a major greenhouse gas.Today’s rules will serve to significantlyreduce these potential problemsassociated with LFG emissions.B. Technical Basis of the Regulation

Today’s regulations are based onextensive data analysis andconsideration of several alternatives.Prior to proposal, the EPA developed anextensive data base, using surveyinformation from approximately 1,200landfills, along with emissionsinformation from literature, State andlocal agencies, and industry test reports.The preamble to the proposedregulations presented a detaileddiscussion of the data used to developthe rule and the regulatory alternativesconsidered (56 FR 24476).

After proposal, the EPA continued togather new information and receivednew data through public comments. TheEPA published this new information ina Notice of Data Availability on June 21,1993 (56 FR 33790). In addition to


public comments, the EPA heldconsultations with industry under theauthority of Executive Order 12875 (Seesection VIII of this document for adetailed discussion of the ExecutiveOrder).

Based on the new information, theEPA re-assessed the impacts of thealternatives and made changes to thefinal regulation. The most significantchanges to the regulation aresummarized in section VI of thispreamble. Detailed rationales for thesechanges as well as more minor changesare provided in the final BID (EPA 453/R–94–021).

In keeping with the EPA’s commonsense initiative, several of the changeswere made to streamline the rule and toprovide flexibility. Examples of thisstreamlining and increased flexibilityinclude focusing control on the largestlandfills, removing the gas collectionsystem prescriptive designspecifications, and more reasonabletiming for the installation of collectionwells. All of these changes are discussedfurther in section VI of this preamble.

C. Stakeholders and Public InvolvementPrior to proposal, in accordance with

section 117 of the CAA, the EPA hadconsultations with appropriate advisorycommittees, independent experts,Federal departments and agencies. Inaddition, numerous discussions wereheld with industry representatives andtrade associations.

After proposal, the EPA providedinterested persons the opportunity tocomment at a public hearing andthrough a written comment period.Comment letters were received from 60commenters including industryrepresentatives, governmental entities,environmental groups, and privatecitizens. A public hearing was held inResearch Triangle Park, North Carolina,on July 2, 1991. This hearing was opento the public and five persons presentedoral testimony on the proposed NSPSand EG.

On June 21, 1993, a supplementalnotice of data availability to the May 30,1991 proposal appeared in the FederalRegister (58 FR 33790). The noticeannounced the availability of additionaldata and information on changes in theEPA’s modelling methodology beingused in the development of the finalNSPS and EG for MSW landfills. Publiccomments were requested on the newdata and comment letters were receivedfrom seven commenters.

Since the Notice of Data Availability,the EPA has held several consultationswith State, local, and industryrepresentatives in accordance with theOctober 26, 1993 Executive Order 12875

on Enhancing the IntergovernmentalPartnership.

Major concerns expressed byparticipants in the consultations wereidentified by the EPA. These concernsincluded: the design capacity exemptionlevel, collection system design andmonitoring flexibility, and timing ofwell placement. These concerns andothers raised at proposal and clarified inthe consultations were addressed byrevising the rule as described in sectionVI of this preamble.

IV. Summary of the Standards,Emission Guidelines, and Methods

The affected facility under the NSPSis each new MSW landfill. MSWlandfills are also subject to therequirements of RCRA (40 CFR 257 and258). A new MSW landfill is a landfillfor which construction, modification, orreconstruction commences on or afterthe proposal date of May 30, 1991 orthat began accepting waste on or afterthat date.

The EG require control for certainexisting MSW landfills. An existingMSW landfill is a landfill for whichconstruction commenced prior to May30, 1991. An existing MSW landfill maybe active, i.e., currently accepting waste,or have additional capacity available toaccept waste, or may be closed, i.e., nolonger accepting waste nor havingavailable capacity for future wastedeposition. The designated facilityunder the EG is each existing MSWlandfill that has accepted waste sinceNovember 8, 1987.

The final rules (both the NSPS andEG) require affected and designatedMSW landfills having design capacitiesbelow 2.5 million Mg or 2.5 millioncubic meters to file a design capacityreport. Affected and designated MSWlandfills having design capacitiesgreater than or equal to 2.5 million Mgor 2.5 million cubic meters are subjectto the additional provisions of thestandards or EG.

The final standards and EG for MSWlandfill emissions require the periodiccalculation of the annual NMOCemission rate at each affected ordesignated facility with a maximumdesign capacity greater than or equal to2.5 million Mg or 2.5 million cubicmeters. Those that emit more than 50Mg/yr are required to install controls.

The final rules provide a tier systemfor calculating whether the NMOCemission rate is less than or greater than50 Mg/yr, using a first orderdecomposition rate equation. The tiersystem does not need to be used tomodel the emission rate if an owner oroperator has or intends to installcontrols that would achieve compliance.

Chapter 1 of the promulgation BID (EPA453/R–94–021) presents a completediscussion of the components of the tiersystem.

The BDT for both the NSPS and theEG requires the reduction of MSWlandfill emissions from new andexisting MSW landfills emitting 50 Mg/yr of NMOC or more with: (1) A well-designed and well-operated gascollection system and (2) a controldevice capable of reducing NMOC in thecollected gas by 98 weight-percent.

A well-designed and well-operatedcollection system would, at a minimum:(1) Be capable of handling the maximumexpected gas generation rate; (2) have adesign capable of monitoring andadjusting the operation of the system;and (3) be able to collect gas effectivelyfrom all areas of the landfill that warrantcontrol. Over time, new areas of thelandfill will require control, socollection systems should be designedto allow expansion by the addition offurther collection system components tocollect gas, or separate collectionssystems will need to be installed as thenew areas require control.

The BDT control device is acombustion device capable of reducingNMOC emissions by 98 weight-percent.While energy recovery is stronglyrecommended, the cost analysis is basedon open flares because they areapplicable to all affected and designatedfacilities regulated by the standards andEG. If an owner or operator uses anenclosed combustor, the device mustdemonstrate either 98-percent NMOCreduction or an outlet NMOCconcentration of 20 ppmv or less.Alternatively, the collected gas may betreated for subsequent sale or use,provided that all emissions from anyatmospheric vent from the treatmentsystem are routed to a control devicemeeting either specification above.

The standards and EG require thatthree conditions be met prior to cappingor removal of the collection and controlsystem: (1) The landfill must bepermanently closed under therequirements of 40 CFR 258.60; (2) thecollection and control system must havebeen in continuous operation aminimum of 15 years; and (3) theannual NMOC emission rate routed tothe control device must be less than theemission rate cutoff on three successivedates, between 90 and 180 days apart,based upon the site-specific landfill gasflow rate and average NMOCconcentration.

Section VI.E. of this preambledescribes a new section of the NSPS,§ 60.753, ‘‘Operational Standards forCollection and Control Systems.’’ TheEG also refer to this section. The


provisions in this section include: (1)Collection of gas from each area, cell orgroup of cells in which non-asbestosdegradable solid waste has been placedfor a period of 5 years or more for activeareas or 2 years or more for closed areas;(2) operation of the collection systemwith each wellhead under negativepressure, with a nitrogen level less thanor equal to 20 percent (revised from 1percent in the proposal, based on publiccomments) or an oxygen level less thanor equal to 5 percent (a new provision);(3) operation with a landfill gastemperature less than 55 °C (a newprovision) at each well transporting thecollected gases to a treatment or controldevice designed and operated incompliance with § 60.752(b)(2)(iii) ofthe NSPS and operated at all timeswhen the collected gas is vented to it;and (4) a requirement that the collectionsystem be operated to limit the surfacemethane concentration to 500 ppm orless over the landfill as determinedaccording to a specified monitoringpattern.

Owners and operators must determinecompliance with the standards for thecollection systems and control devicesaccording to § 60.755. Changes made tothe final compliance determination andmonitoring procedures as a result ofcomments are discussed in detail in theBID (EPA 453/R–94–021). The §§ 60.757and 60.758 of the NSPS and § 60.35(c)of the EG contain recordkeeping andreporting requirements. Changes havebeen made to the recordkeeping andreporting requirements to allow for

consistency with the final compliancerequirements.

V. Impacts of the Standards andEmission Guidelines

A. Environmental Impacts ofPromulgated Action

The estimated environmental impactshave changed somewhat from thosepresented in the preamble to theproposed regulations as a result ofchanges in the final rules and changesin the estimation methodology. Thesechanges were made in response topublic comments. Additional data werealso incorporated and are described inthe supplemental Notice of DataAvailability (56 FR 33790). The analysisof environmental impacts presented inthis document, along with the proposaland promulgation BID’s, andmemoranda in the docket constitute theEnvironmental Impact Statement for thefinal standards and guidelines.

For most NSPS, emission reductionsand costs are expressed in annual terms.In the case of the NSPS and EG forlandfills, the final regulations requirecontrols at a given landfill only after theincreasing NMOC emission rate reachesthe level of the regulatory cutoff. Thecontrols are applied when the emissionsexceed the threshold, and they mustremain in place until the emissions dropbelow the cutoff. However, this processcould take as long as 50 to 100 hundredyears for some landfills. During thecontrol period, costs and emissionreductions will vary from year to year.Therefore, the annualized numbers forany impact will change from year to

year. Because of the variability ofemission reductions and costs of thefinal standards and EG over time, theEPA judged that the NPV of an impactis a more valuable tool in the decisionprocess for landfills and has used NPVin the development of both the proposaland final nationwide impacts. The NPVis computed by discounting the capitaland operating costs and emissionreductions that will be incurredthroughout the control periods to arriveat a measure of their current value. Inthis way, the NPV accounts for theunique emission patterns of landfillswhen evaluating nationwide costs andbenefits over different discrete timeperiods for individual sources. Thus,the impacts presented include bothannualized estimates and estimatesexpressed in terms of NPV in 1992.

1. Air Emissions

The methodology for estimating theimpacts of the NSPS and EG isdiscussed in the proposal BID and inmemoranda in the docket. The analysisof impacts for the NSPS is based on newlandfills (beginning construction afterMay 30, 1991) that are projected tobegin accepting waste over the first 5years of the standards. The NPV of theemission reduction achieved by thefinal standards is estimated to be 79,300Mg, which reflects a 50 percentreduction from the NPV of the baselineemissions of 160,000 Mg. Substantialreduction of methane emissions is alsoachieved. Table 1 presents the emissionreductions of the final NSPS inannualized 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 13,400NMOC Emission Reductions (Mg) ........................................................................................................................... 79,300 4,860% NMOC Emission Reduction ................................................................................................................................ 50% 36%Baseline Methane Emissions a (Mg) ........................................................................................................................ 10,600,000 899,000Methane 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 theNMOC emission reduction achieved bythe final EG is estimated to be 1.1million Mg, or a 53 percent reductionfrom a baseline of 2.07 million Mg(NPV). The NPV of the methanereduction is estimated to be 47 million

Mg. Table 2 presents the emissionreductions of the final EG in annualizedvalues as well as NPV. Note that thebaseline methane emissions do notinclude landfills closed prior toNovember 8, 1987, and that methanereductions shown in Tables 1 and 2 do

not include landfills expected toundertake profitable energy recovery.Total methane reductions areanticipated to be on the order of 7million megagrams in the year 2000.


TABLE 2.—SUMMARY OF EMISSION REDUCTION AND COST IMPACTS FOR THE EMISSION GUIDELINES

NPV Annualized

Baseline NMOC Emissions a (Mg) ........................................................................................................................... 2,070,000 145,000NMOC Emission Reductions (Mg) ........................................................................................................................... 1,100,000 77,600% NMOC Emission Reduction ................................................................................................................................ 53% 54%Baseline Methane Emissions b (Mg) ........................................................................................................................ 120,000,000 8,440,000Methane 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, theactual annual emissions reductionsachieved by the guidelines willdecrease, while the reductions achievedby the standards will increase.

Certain by-product emissions, such asNOX, CO, SOX, and particulates, may begenerated by the combustion devicesused to reduce air emissions from MSWlandfills. The types and quantities ofthese by-product emissions varydepending on the control device.However, by-product emissions are verylow compared to the achievable NMOCand methane emission reductions.Chapters 4 and 6 of the proposal BID(EPA–450/3–90–011a) presentadditional information about themagnitude of potential secondary airimpacts.

2. WaterLandfill leachate is the primary

potential source of water pollution froma landfill. Although there is no data onthe effect of gas collection on leachatecomposition, the amount of waterpollution present as NMOC in theleachate may be reduced under thesestandards and guidelines.

When LFG is collected, organics andwater are condensed inside the headerpipes of the gas collection system. Thiswaste also contains NMOC and varioustoxic substances present in the LFG. ThepH of this condensate is normallyadjusted by adding caustic at thelandfill and then routing it to a publictreatment works where it would betreated and discharged. At this time,there is insufficient data available toquantify the effects of the rule onleachate.

3. Solid WasteThe final NSPS and EG will likely

have little impact on the quantity ofsolid waste generated nationwide. Asidefrom the disposal of the collection andcontrol system equipment once it can beremoved from the landfill, no othersolid wastes are expected to begenerated by the required controls. Theincreased cost of landfill operation

resulting from the control requirementsmay cause greater use of waste recyclingand other alternatives to landfilldisposal, leading to a decrease inlandfill use. However, quantification ofsuch an impact is not possible at thistime.

4. Superfund Sites

Municipal solid waste landfill sitescomprise approximately 20 percent ofthe sites placed by the EPA on thenational priorities list. Often, remedialactions selected at these sites includeventing methane and volatile organiccontaminants, which would becontrolled as necessary to protecthuman health and the environment.

The final NSPS and EG may affectremedial actions under Superfund forMSW landfills. Section 121(d)(2) ofCERCLA requires compliance with thesubstantive standards of applicable orrelevant and appropriate requirements(ARAR) of certain provisions in otherenvironmental laws when selecting andimplementing on-site remedial actions.‘‘Applicable’’ requirements specificallyaddress a hazardous substance,pollutant, contaminant, remedial action,location, or other circumstance at aSuperfund site. ‘‘Relevant andappropriate’’ requirements are notlegally applicable, but may addressproblems or situations sufficientlysimilar to those encountered so thattheir use is well suited to a particularsite. See 40 CFR 300.5 (55 FR 8814,8817, March 8, 1990).

These air emission rules will apply tonew MSW landfills, as well as to thosefacilities that have accepted waste sinceNovember 8, 1987, or that have capacityavailable for future use. For CERCLAmunicipal landfill remediations, theserequirements would be potential ARARfor all Records of Decision signed afterthe date of promulgation. These NSPSand EG will be applicable for thoseMSW landfill sites on the nationalpriorities list that accepted waste on orafter November 8, 1987, or that areoperating and have capacity for futureuse. These standards may also be

determined relevant and appropriate forsites that accepted wastes prior toNovember 8, 1987. The determination ofrelevance and appropriateness is madeon a site-specific basis pursuant to 40CFR 300.400(g) (55 FR 8841, March 8,1990). Because the NSPS and EG applyonly to landfills with design capacitiesgreater than or equal to 2.5 million Mgor 2.5 million cubic meters, thecollection and control requirements maynot be relevant and appropriate forsmaller landfills.

Given the significant public policybenefits that result from the collectionand processing of landfill gas, Congress,as part of the 1986 SARA Amendments,enacted CERCLA Section 124 to providebroad liability protection for companiesengaged in landfill gas recovery orprocessing. Landfill gas emissions, inaddition to being a significant source ofair pollution, can leach undergroundand cause explosions in nearbyresidences. If recovered, landfill gascould supply as much as 1 percent ofthe U.S. energy requirements.

CERCLA Section 124 states thatowners or operators of equipmentinstalled ‘‘for the recovery or processing(including recirculation of condensate)of methane’’ shall not be liable as aCERCLA ‘‘owner or operator’’ underCERCLA Section 101 (20) nor shall theybe deemed ‘‘to have arranged fordisposal or treatment of any hazardoussubstance* * *’’ pursuant to CERCLASection 107. Exceptions are provided (1)where a release is primarily caused byactivities of the landfill gas owner/operator or (2) where such owner/operator would be otherwise liable dueto activities unrelated to methanerecovery.

Since passage of CERCLA section 124,methane emissions have been targetedby the EPA as a large contributor toglobal warming (18 percent) andlandfills are one of the largest source ofmethane emissions (36 percent).Because of this, the EPA’s AtmosphericPollution Prevention Division hasinitiated the Landfill Methane OutreachProgram to promote landfill gas


collection projects at the 750 landfillswhere methane could profitably berecovered. Methane recovery, ascompared with collection and flaring oflandfill gas without recovery, results insignificantly less emissions. It also cangreatly reduce the financial burden onlocal governments (as well as taxpayers)since the energy recovered can be soldto utilities or other consumers andthereby create a revenue stream thatmay cover the costs of collection andrecovery.

The EPA is aware that the standardsand guidelines promulgated today forcontrol of emissions at municipal solidwaste landfills may change the focus ofthe landfill gas collection andprocessing for methane recovery. Thelandfill gas owner/operator will nowneed to consider how the collection andrecovery of methane will impact oncontrolling the MSW landfill emissions.It is also likely that the landfill gasowner/operator will be asked to adviseand in some cases help implement theMSW landfill’s compliance obligations.These related objectives, the control ofemissions at municipal solid wastelandfills in order to comply with theClean Air Act Amendments and thereduction of methane emissions in orderto mitigate global warming, will need tobe coordinated in carrying out commonactivities such as laying a system ofcollection piping at a given landfill.

In promulgating today’s standards andguidelines, the EPA wants to promotethe policy incorporated in CERCLASection 124. Recognizing the chillingeffect that potential CERCLA liabilitymight otherwise have on landfill gascollection or processing activities, theEPA interprets CERCLA Section 124 ina manner that will encourage thebeneficial recovery of methane.Specifically, EPA believes that Congressintended Section 124 to provide liabilityprotection to owners and operators ofequipment for the recovery orprocessing of methane with respect toall phases involved in landfill gascollection and methane processing. Thisincludes any assistance (related torecovery or processing of methane)provided by the landfill gas equipmentowner or operator to the landfill owner/operator for achieving compliance withthe emission standards promulgatedtoday or similar Federal, State, or localcontrols on landfill emissions. Ingeneral, Section 124 will be interpretedin a manner to provide owners andoperators of equipment for the recoveryor processing of methane withcomprehensive protection fromCERCLA liability, unless the release orthreatened release was primarily causedby activities of the owners and operators

of the equipment, or unless such ownersor operators would be otherwise liableunder CERCLA.

B. Energy and Economic Impacts ofPromulgated Action

The energy and economic impacts aresummarized in chapter 1 and fullydiscussed in chapter 3 and appendix Aof the promulgation BID (EPA–453/R–94–021). The estimated impacts havechanged somewhat as a result ofchanges in the final rules and changesin the impacts estimation methodologymade in response to public comments.

1. Energy Impacts

Affected and designated landfills withNMOC emission rates of 50 Mg/yr ormore are required to install a gascollection system and control device.The gas collection system would requirea relatively small amount of energy torun the blowers and the pumps. If aflare is used for control, auxiliary fuelshould not be necessary because of thehigh heat content of LFG, commonly1.86 × 10 7 J/scm or more. If a recoverydevice such as an internal combustion(I.C.) engine or a gas turbine is used, anenergy savings would result.

The EPA evaluated the overall energyimpacts resulting from the use of flares,I.C. engines, or gas turbines for controlof collected emissions at all affectedlandfills. The least cost control optionwas identified by taking the NPV costsof the three control options (flares, I.C.engines, and turbines), including anycost savings from the use of recoveredlandfill gas, and determining the optionthat costs the least. If landfills use theleast cost control device, it is estimatedthat the NSPS will produce $170million of energy revenue as NPV in1992. The EG are estimated to generated$1.5 billion of energy revenue as NPV in1992, if the least cost control device isused.

2. Control Costs and Economic Impacts

Nationwide annualized costs forcollection and control of air emissionsfrom new MSW landfills are estimatedto be $4 million. The nationwide cost ofthe EG would be approximately $90million. These values are annualizedcosts. Tables 1 and 2 present costs inboth annualized and NPV values. Incomparison to other solid waste-relatedrules, the nationwide costs of therecently promulgated RCRA Subtitle D(40 CFR 257 and 258) rule are estimatedto be $300 million per year and theestimated nationwide costs of the MWCrules promulgated in 1991 are estimatedto be $170 million per year for newcombustors and $302 million per year

for existing combustors (56 FR 5488 and5514).

The incremental costs and benefits ofthe different options are presented intables 3, 4, 5, and 6 in section VIII.E. ForNMOC, the average cost effectiveness isapproximately $1,200/Mg for both theNSPS and the EG. Preliminary economicanalysis indicates that the annual cost ofwaste disposal may increase by anaverage of approximately $0.60 per Mgfor the NSPS and $1.30 per Mg for theEG. Costs per household would increaseapproximately $2.50 to $5.00 per year,when the household is served by a newor existing landfill, respectively.Additionally, less than 10 percent of thehouseholds would face annual increasesof $15 or more per household as a resultof the final EG. However, the EPAanticipates that many landfills will electto use energy recovery systems, andcosts per household for those areaswould be less. The EPA has concludedthat households would not incur severeeconomic impacts. For additionalinformation, please refer to theregulatory impact analysis (Docket No.A–88–09, Item No. IV–A–7) and chapter3 of the promulgation BID (EPA–453/R–94–021).

VI. Significant Changes to the ProposedStandards and Emission Guidelines

All of the significant public commentsreceived on the proposed standards andEG and the Notice of Data Availabilityare addressed in the promulgation BID(EPA–453/R–94–021). This section ofthe preamble reviews the major changesto the standards and EG resulting frompublic comments. A more detailedrationale for these changes is providedin chapters 1 and 2 of the promulgationBID (EPA–453/R–94–021).

A. Design Capacity ExemptionA design capacity exemption of

100,000 Mg was included in theproposed NSPS and EG to relieveowners and operators of small landfillsthat the EPA considered unlikely toemit NMOC above the emission ratecutoff requiring control from unduerecordkeeping and reportingresponsibilities. Commenters indicatedthat the exemption level was too low,and would still impact many smallbusinesses and municipalities. Inresponse to these comments and as aresult of changes to the nationwideimpacts analysis, the design capacityexemption in the final NSPS wasrevised to 2.5 million Mg. The 2.5million Mg exemption level wouldexempt 90 percent of the existinglandfills while only losing 15 percent ofthe total NMOC emission reduction.Most of the exempt landfills are owned


by municipalities. The 2.5 million Mglevel was chosen to relieve as manysmall businesses and municipalities aspossible from the regulatoryrequirements while still maintainingsignificant emission reduction.

This cutoff excludes those landfillswho would be least able to afford thecosts of a landfill gas collection andcontrol system and are less likely tohave successful energy recoveryprojects. However, depending on site-specific factors including landfill gascharacteristics and local markets, somelandfills smaller than the designcapacity exemption level may be able tomake a profit by installing collectionand control systems that recover energy.While the rule does not require controlof landfills smaller than 2.5 million Mg,the EPA encourages energy recovery incases where it is profitable. The EPA hasdeveloped a Landfill Methane OutreachProgram to encourage more widespreadutilization of landfill gas as an energysource. Information can be obtained bycalling the Landfill Methane OutreachProgram Hotline at (202) 233–9042.Available publications are identified insection 1.2.1 of the promulgation BID.

Since some landfills record waste byvolume and have their design capacitiescalculated in volume, the EPA alsoestablished an equivalent designcapacity exemption of 2.5 million m 3 ofwaste. The density of solid waste withindifferent landfills varies depending onseveral factors, including thecompaction practices. Any landfill thatreports waste by volume and wishes toestablish a mass design capacity mustdocument the basis for their densitycalculation.

B. Emission Rate CutoffSome commenters asserted that the

proposed emission rate cutoff of 150Mg/yr should be made more stringent,while others favored the proposal cutoffor higher. The commenters favoring themore stringent level indicated that theEPA’s data on NMOC concentration, thebenefits of energy recovery and reducedglobal warming, and the reduced healthrisks all supported an increasedstringency 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 aspossible. This initiative also supports amore stringent emission rate cutoff thatwill achieve greater emission reduction.

Due to the small-size exemption, onlylandfills with design capacities greaterthan 2.5 million Mg of waste or 2.5million cubic meters of waste will beaffected by this rule. It is estimated thata landfill of 2.5 million Mg design

capacity corresponds to cities greaterthan about 125,000 people. On thewhole, large landfills service areas withlarge population. A reasonableassumption is that many of these largelandfills are in the 400 counties thathave been designated as urban ozonenonattainment areas and are developingplans to address ozone nonattainment.

Finally, the new data and modelingmethodologies, which were publishedin the Notice of Data Availability onJune 21, 1993, significantly reduced theemission reduction and correspondingeffectiveness of the rule. Therefore, amore stringent emission rate cutoffwould achieve similar emissionreductions at similar cost effectivenessto the proposed rule.

Based on all of these reasons, the EPAreevaluated the stringency level andchose an emission rate cutoff of 50 Mg/yr of NMOC for the final rules. Thisrevision would affect more landfillsthan the proposal value of 150 Mg/yr ofNMOC; however, the 50 Mg/yr ofNMOC will only affect less than 5percent of all landfills and is estimatedto reduce NMOC emissions byapproximately 53 percent and methaneemissions by 39 percent. The 150 Mg/yr emission rate cutoff would havereduced NMOC emissions by 45 percentand methane emissions by 24 percent.The incremental cost effectiveness ofcontrol of going from a 150 Mg/yr cutofflevel to a 50 Mg/yr cutoff level is$2,900/Mg NMOC reduction for newlandfills and $3,300/Mg for existinglandfills.

The values for NMOC costeffectiveness do not include any creditfor the benefits for toxics, odor,explosion control, or the indirect benefitof methane control. A revised costeffectiveness could be calculated withan assumed credit value for one or moreof the other benefits. As an example,assuming a $30/Mg credit for themethane emission reduction, theincremental cost effectiveness from theproposal cutoff of 150 Mg/yr to the finalcutoff of 50 Mg/yr would be reduced to$660/Mg NMOC.

C. Collection System DesignSpecifications

Commenters indicated that theproposed design specifications for thecollection system were overlyprescriptive, discouraged innovation,and did not prevent off-site migration ofLFG. In the new § 60.759 for designspecifications, certain criteria stillrequire proper landfill gas collection;however, the proposed designspecifications for the LFG collectionsystem were removed from the finalregulations. Instead, the final rule

allows sources to design their owncollection systems. Design plans mustmeet certain requirements and be signedby a registered professional engineer,and are subject to agency approval.These changes were made to provideflexibility and encourage technologicalinnovation.

D. Timing for Well PlacementThe proposed regulations required the

installation of collection wells atapplicable landfills within 2 years ofinitial waste placement. Commentersindicated that the installation of wellswithin 2 years was not practiced atmany landfills, because many cells werestill active (receiving waste) 2 years afterinitial placement. Collection wellsinstalled at these cells would have to becovered over, which would decrease theoperational life of the well and be costlyand inefficient.

The proposed timing for theplacement of collection wells has beenrevised to reduce costs and bettercoincide with common operationalpractices at MSW landfills. The finalregulation allows for well installationup to 5 years from initial wasteplacement for active cells. An area thatreaches final grade or closure mustinstall collection wells within 2 years ofinitial waste placement.

E. Operational StandardsIn response to commenters concerns

about the operation of collectionsystems, the final NSPS contains a newsection, § 60.753, ‘‘OperationalStandards for Collection and ControlEquipment.’’ Various operationalprovisions that had previously beenlocated throughout the proposed rulehave been organized under this onesection, and new provisions oncollection and control systems havebeen added. The new section addressesthe following areas: (1) Collection of gasfrom active areas containing solid wasteolder than 5 years (changed from 2 yearsat proposal); (2) operation of thecollection system with negative pressureat each wellhead (except as noted in therule); (3) operation of the collectionsystem with a landfill temperature lessthan 55° (or a higher establishedtemperature) and either an N2 level lessthan or equal to 20 percent or an O2

level less than or equal to 5 percent; (4)operation of the collection system witha surface concentration less than 500ppm methane; (5) venting all collectedgases to a treatment or control device;and (6) operation of the treatment orcontrol device at all times when thecollected gas is routed to the controldevice. The numerical requirements (forthe N2 or O2 levels, landfill temperature,


and surface concentration) are newrequirements that will verify that thesystem is being adequately operated andmaintained. In conjunction with thenew operational provisions, thecompliance, testing and monitoringsections were revised to reference andsupport these new or relocatedprovisions.

F. Surface Emission Monitoring

Numerous commenters asserted thatthe proposed rules did not addresssurface methane emissions resultingfrom insufficient well spacing or frombreaks in the cover material. Thecommenters recommended thatmonitoring of surface emissions berequired to ensure the proper operationof collection system equipment. Uponfurther analysis, the EPA decided torequire surface emission monitoring andthe maintenance of negative pressure atall wells, except under specifiedconditions, to ensure proper collectionsystem design and operation. Based oninformation submitted by commenters, amaximum surface concentration of 500ppm methane should be demonstratedto indicate proper operation of thecollection system. Monitoring is to bedone quarterly, with provisions forincreasing monitoring and correctiveprocedures if readings above 500 ppmare detected. Instrumentationspecifications, monitoring frequencies,and monitoring patterns have beenstructured to provide clear and straight-forward procedures that are theminimum necessary to assurecompliance.

G. Model Default Values

The EPA received additional dataafter proposal on the model defaults thatwere included in the tier systemcalculations. These default values areused to calculate whether the NMOCconcentration is above the cutoff levelfor control requirements of 50 Mg/yr.The new information received lead theEPA to revise the default values for thesite-specific methane generation rateconstant (k), the methane generationpotential (Lo), and the NMOCconcentration (CNMOC). In the absence ofsite-specific data, the landfill owner oroperator would use the default valuesfor k, Lo, and CNMOC in order to estimatethe annual NMOC emission rate. Moreinformation on the model defaults maybe found in the final BID (EPA–453/R–94–021) and the memorandum‘‘Documentation of Small-SizeExemption Cutoff Level and Tier 1Default Values (Revised),’’ October 21,1993, (Docket No. A–88–09, Item No.IV–B–5).

The Tier 1 default values of k, Lo, andCNMOC tend to overstate NMOCemission rates for most landfills, and areintended to be used to indicate the needto install a collection and control systemor perform a more detailed Tier 2analysis. It is recommended that thesedefault values not be used for estimatinglandfill emissions for purposes otherthan the NSPS and EG. The EPAdocument ‘‘Compilation of Air PollutionEmission Factors’’ (AP–42) providesemission estimation procedures anddefault values that can be used foremissions inventories and otherpurposes.

VII. Permitting

A. New Source Review Permits

Today’s rulemaking under section111(b) establishes a new classification ofpollutants subject to regulation underthe CAA: ‘‘MSW landfill emissions.’’Therefore, PSD rules now apply to allsubject stationary sources which haveincreases in landfill gas above thesignificance level, 50 tpy or more ofNMOC. Landfills below the 2.5 millionMg design capacity exemption, whichare not required by the regulations toinstall controls, may exceed thissignificance level. In this case, the Statewill need to determine if controlsshould be installed for purposes of PSDor NSR compliance.

The proposed significance level forMSW landfill emissions of 40 tpy ofNMOC was changed to 50 tpy afterconsideration of public comments. ThePSD significance level for VOCemissions is 40 tpy. At proposal, thelandfill gas emission level was set at 40tpy of NMOC to be consistent with the40 tpy level for VOC. However, NMOCcontains organic compounds that arenot VOC. An NMOC emission rate ofroughly 50 tpy corresponds to a VOCemission rate of 40 tpy.

The components of MSW landfillemissions that are regulated aspollutants or precursors of an airpollutant listed under section 108 of theCAA are also regulated by otherprovisions of CAA as applicable. Forexample, the components of MSWlandfill emissions that are emitted asphotochemically reactive VOCs areregulated, as applicable, under thenonattainment provisions for ozonecontained in part D of title I of the CAA.

B. Operating Permits

Section 502 of the CAA and § 70.3(a)require any source subject to standardsor regulations under section 111 of theCAA to obtain part 70 operatingpermits. However, landfills below 2.5million Mg design capacity are not

subject to standards under section 111because they are not required to put oncontrols and are not subject to emissionlimits. These landfills are subject to areporting requirement under the section111 rule; however, this requirementdetermines applicability of the standardand does not make them ‘‘subject’’ forthe purposes of part 70. Consequently,landfills below 2.5 million Mg designcapacity are not subject to part 70,provided they are not major sources;and this is stated in § 60.752(a) of therule. If landfills below 2.5 million Mgdesign capacity are major sources, theymust obtain a part 70 permit under thesame deadlines and requirements thatapply to any other major source. Statesmay request additional information toverify whether landfills have thepotential to emit at major source levels.

For landfills above the 2.5 million Mgdesign capacity exemption, part 70operating permits are required. Theselandfills are subject to emission limitsand will most often be major sources.Since landfill emissions increase overtime, a landfill over 2.5 million Mg maynot be major in the beginning; however,as the landfill progresses to capacity, itmay become major. Many of thelandfills above the 2.5 million Mgexemption will be required to collectand control the gas under the regulation.The issuance of a permit will also helpenforce and implement the standard.Therefore, the EPA has decided torequire permits for all landfills withdesign capacities above 2.5 million Mg,whether or not the landfill will berequired to install a collection andcontrol system.

The regulation also provides fortermination of operating permits.Landfill emissions, unlike emissionsfrom other source categories, decreaseover time after the landfill is closed. Ifa landfill has closed and a controlsystem was never required or theconditions for control system removalspecified in the regulation have beenmet, an operating permit is no longernecessary.

VIII. Administrative Requirements

A. DocketThe docket (Docket No. A–88–09) is

an organized and complete file of all theinformation considered by the EPA inthe development of this rulemaking.The docket is a dynamic file, sincematerial is added throughout therulemaking development. The docketingsystem is intended to allow members ofthe public and industries involved toreadily identify and locate documentsso that they can effectively participatein the rulemaking process. Along with


the statement of basis and purpose ofthe proposed and promulgatedstandards and the EPA responses tosignificant comments, the contents ofthe docket, except for interagencyreview materials, will serve as therecord in case of judicial review [section307(d)(7)(A)].

B. Paperwork Reduction ActThe information collection

requirements in this rule have beensubmitted for approval to the Office ofManagement and Budget (OMB) underthe Paperwork Reduction Act, 44 U.S.C.3501 et seq. An Information CollectionRequest (ICR) document has beenprepared by the EPA (ICR No. 1557.03)and a copy may be obtained from SandyFarmer, OPPE Regulatory InformationDivision; U.S. Environmental ProtectionAgency (2137); 401 M St., S.W.;Washington, DC 20460, or by calling(202) 260–2740. The informationrequirements are not effective untilOMB approves them.

The information required to becollected by this rule is necessary toidentify the regulated entities who aresubject to the rule and to ensure theircompliance with the rule. Therecordkeeping and reportingrequirements are mandatory and arebeing established under authority ofsection 114 of the Act. All informationsubmitted as part of a report to theAgency for which a claim ofconfidentiality is made will besafeguarded according to the Agencypolicies set forth in title 40, chapter 1,part 2, subpart B—Confidentiality ofBusiness Information (see 40 CFR 2; 41FR 36902, September 1, 1976, amendedby 43 FR 39999, September 28, 1978; 43FR 42251, September 28, 1978; 44 FR17674, March 23, 1979).

The total annual reporting andrecordkeeping burden for thiscollection, averaged over the first 3years of the NSPS applicability to newMSW landfills, is estimated to be 3,379person hours per year. This is theestimated burden for 299 respondents(e.g., MSW landfill owners/operators)per year, at an estimated annualreporting and recordkeeping burdenaveraging 11.3 hours per respondent.The rule requires an initial one-timenotification of landfill design capacity.If the landfill is larger than the designcapacity cutoff, annual reports arerequired. The capital cost to purchaserequired monitoring equipment is$8,100 per monitor. The totalannualized capital and startup costs forpurchase of monitoring equipment are$80,250. The total national annual costburden including all labor costs andannualized capital costs for

recordkeeping and reporting is$188,850.

Burden means the total time, effort, orfinancial resources expended by personsto generate, maintain, retain, or discloseor provide information to or for aFederal agency. This includes the timeneeded to review instructions; develop,acquire, install, and utilize technologyand systems for the purposes ofcollecting, validating, and verifyinginformation, processing andmaintaining information, and disclosingand providing information; adjust theexisting ways to comply with anypreviously applicable instructions andrequirements; train personnel to be ableto respond to a collection ofinformation; search data sources;complete and review the collection ofinformation; and transmit or otherwisedisclose the information.

C. Executive Order 12866Under Executive Order 12866, (58 FR

51735 (October 4, 1993)) the EPA mustdetermine whether the regulatory actionis ‘‘significant’’ and therefore subject toOMB review and the requirements ofthe Executive Order. The Order defines‘‘significant regulatory action’’ as onethat is likely to result in a rule that may:(1) Have an annual effect on theeconomy of $100 million or more oradversely effect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or Tribal governments orcommunities; (2) create a seriousinconsistency or otherwise interferewith an action taken or planned byanother agency; (3) materially alter thebudgetary impact of entitlement, grants,user fees, or loan programs or the rightsand obligations of recipients thereof; or(4) raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesmet forth in the Executive Order.

Pursuant to the terms of ExecutiveOrder 12866, this action was submittedto OMB for review. Changes made inresponse to OMB suggestions orrecommendations are documented inthe public record.

D. Executive Order 12875To reduce the burden of Federal

regulations on States and smallgovernments, the President issued E.O.12875 on October 26, 1993. Under E.O.12875, the EPA is required to consultwith representatives of affected State,local, and tribal governments. Becausethis regulatory action imposes costs tothe private sector and governmententities in excess of $100 million peryear, the EPA pursued the preparation

of an unfunded mandates statement,consultations, and other requirements ofthe Unfunded Mandates Reform Act.The requirements are met as presentedunder the following unfunded mandatessection (section VIII.E of this notice).

E. Unfunded Mandate Reform ActUnder section 202 of the Unfunded

Mandates Reform Act of 1995(‘‘Unfunded Mandates Act’’), signedinto law on March 22, 1995, the EPAmust prepare a statement to accompanyany rule where the estimated costs toState, local, or tribal governments, or tothe private sector, will be $100 millionor more per year. Section 203 requiresthe Agency to establish a plan forinforming and advising any smallgovernments that may be significantlyor uniquely affected by the rule. Section204 requires that the Agency ‘‘to theextent permitted in law, develop aneffective process to permit electedofficers of State, local, and tribalgovernments * * * to providemeaningful and timely input in thedevelopment of regulatory proposalscontaining significant Federalintergovernmental mandates’’. Undersection 205(a), the EPA must select the‘‘least costly, most cost-effective or leastburdensome alternative that achievesthe objectives of the rule’’ and isconsistent with statutory requirements.

The unfunded mandates statementunder section 202 must include: (1) Acitation of the statutory authority underwhich the rule is proposed, (2) anassessment of the costs and benefits ofthe rule including the effect of themandate on health, safety and theenvironment, and the Federal resourcesavailable to defray the costs, (3) wherefeasible, estimates of future compliancecosts and disproportionate impactsupon particular geographic or socialsegments of the nation or industry, (4)where relevant, an estimate of the effecton the national economy, and (5) adescription of the EPA’s consultationwith State, local, and tribal officials.

Because this rule is estimated toimpose costs to the private sector andgovernments entities in excess of $100million per year (based on tenth orfifteenth year annualized values), it isconsidered a significant regulatoryaction.

The EPA has thus prepared thefollowing statement with respect tosections 202 through 205 of theUnfunded Mandates Act.

1. Statutory AuthorityAs discussed in section II of this

preamble, the statutory authority for thisrulemaking is section 111 of the CAA.The rule establishes emission guidelines


for existing MSW landfills andstandards of performance for new MSWlandfills. Section 111(a)(1) of therequires that standards of performancefor new sources reflect the—

* * * degree of emission limitation andthe percentage reduction achievable throughapplication of the best technological systemof continuous emission reduction which(taking into consideration the cost ofachieving such emission reduction, anynonair quality health and environmentalimpact and energy requirements) theAdministrator determines has beenadequately demonstrated.

Section 111(d) requires emissionguidelines for existing sources to reflecta similar degree of emission reduction.

These systems are referred to as BDTfor new and existing sources.

Properly operated gas collection andcontrol systems achieving 98 percentemission reduction have beendemonstrated on landfills of the sizeaffected by the standards and EG, andrepresent BDT. Control technologies andtheir performance are discussed in thepreamble to the proposed rules (56 FR24476, May 30, 1991).

In selecting BDT, the EPA alsoconsidered which landfills should berequired to apply collection and controlsystems. A range of landfill designcapacity and emission rate cutoffs wereevaluated, as described below in section2.b ‘‘Regulatory AlternativesConsidered.’’ The promulgatedstandards contain a design capacityexemption of 2.5 million Mg or 2.5million cubic meters and an emissionrate cutoff of 50 Mg NMOC/yr.

The EPA considered emissionreduction, costs, and energyrequirements, as required by thestatutory language of section 111 of theCAA, in selecting the promulgatedstandards and EG. The promulgatedstandards represent BDT. They achievesignificant reductions in landfill gasemissions—a 53 percent reduction inNMOC emissions, and a 39 percentreduction in methane reductionemissions nationwide. The cost impactsof the standards are presented in sectionV.B and in section VII.E.2 (below). Thepublic entities and affected industrieswho were consulted, as required by theUnfunded Mandates Reform Act,understand the cost impacts and

support the final rules (see Section 4,‘‘Consultation with GovernmentOfficials’’ below). The energy impactsare discussed in section V.B of thisnotice. To the extent energy recoverydevices are used to comply with therules, the rules will result in a netenergy savings (production of energy).

Compliance with section 205(a):Regarding the EPA’s compliance withsection 205(a), the EPA did identify andconsider a reasonable number ofalternatives, and presents a summary ofthese below. The EPA has chosen toadopt the alternative with a size cutoffof 2.5 million Mg capacity, and 50 Mg/yr emissions. The incremental costeffectiveness of this 50 Mg/yr option is$6,250 per ton of NMOC reduced(versus the less stringent 75 Mg/yroption). This cost effectiveness is muchhigher than is typical for NMOC (orVOC) controls in NSPSs. However, theEPA also considers the reductions inmethane achieved by this 50 Mg/yroption as necessary to ‘‘achieve theobjectives’’ of section 111. Theadditional methane reductions achievedby this option are also an important partof the total carbon reductions identifiedunder the Administration’s 1993Climate Change Action Plan. The EPAthus concludes that the chosenalternative is the most cost-effective toachieve the objectives of section 111, ascalled for in section 205(a).

2. Social Costs and BenefitsThis assessment of the cost and

benefits to State, local, and tribalgovernments of the guidelines is basedon EPA’s ‘‘Economic Impact Analysisfor Proposed Emission Standards andGuidelines for Municipal Solid WasteLandfills’’ and updates to the analysiscontained in ‘‘Air Emissions fromMunicipal Solid Waste Landfills—Background Information for FinalStandards and Guidelines’’ (EPA–453/R–94–021). Measuring the social costs ofthe guidelines requires identification ofthe affected entities by ownership(public or private), consideration ofregulatory alternatives, calculation ofthe regulatory compliance costs for eachaffected entity, and assessment of themarket implications of the additionalpollution control costs. Considering thesocial benefits of the guidelines requires

estimating the anticipated reductions inemissions at MSW landfills due toregulation and identifying the harmfuleffects of exposure to MSW landfillemissions. Quantitative valuation of theexpected benefits to society was notdone for this rule.

a. Affected Entities. The standards ofperformance for new sources willrequire control of approximately 43 newlandfills constructed in the first 5 yearsthe standards are in effect. The EG willrequire control of approximately 312existing landfills. This represents lessthan 5 percent of the total number oflandfills in the U.S.

Of the landfills required to installcontrols, about 30 percent of theexisting landfills and 20 percent of thenew landfills are privately owned. Theremainder are publicly owned. (Thesepercentages are taken from section 3.2.1of the promulgation BID (EPA–453/R–94–021). While that analysis used adesign capacity exemption level of 1million Mg rather than the 2.5 millionMg exemption level contained in thefinal rule, the percentage of privateversus publicly owned landfills wouldbe similar.

b. Regulatory Alternatives Considered.Under section 205 of the UnfundedMandates Act, the Agency must identifyand consider a reasonable number ofregulatory alternatives beforepromulgating a rule for which abudgetary impact statement must beprepared. The Agency must select fromthose alternatives the least costly, mostcost-effective, or least burdensomealternative that achieves the objectivesof the rule, unless the Agency explainswhy this alternative is not selected orthe selection of this alternative isinconsistent with the law.

A number of alternatives wereconsidered. These included designcapacity exemption levels of 1, 2.5, and3 million Mg and emission rate cutoffsof 50, 75, 100, and 150 Mg/year. Table3 presents the impacts of alternativedesign capacity exemption levels forexisting landfills. Table 4 presents theimpacts of alternative emission ratecutoffs for existing landfills. Tables 5and 6 present alternative designcapacity exemption levels and emissionrate cutoffs for new landfills.

TABLE 3.—ALTERNATIVE DESIGN CAPACITY EXEMPTION LEVEL OPTIONS FOR THE EMISSION GUIDELINES a,b,

Small size cutoff (millions Mg) Number land-fills affected

Annual c

NMOC emis-sion reduc-tion (Mg/yr)

Annualdmethane

emission re-duction(Mg/yr)

Annual cost(million $/yr)

NMOC aver-age cost eff.

($/Mg)

NMOC Incre-mental costeff. ($/Mg)

Baseline e

3,000,000 .............................................................. 273 73,356 3,220,000 84 1,145 1,145


TABLE 3.—ALTERNATIVE DESIGN CAPACITY EXEMPTION LEVEL OPTIONS FOR THE EMISSION GUIDELINES a,b,—Continued

Small size cutoff (millions Mg) Number land-fills affected

Annual c


Annualdmethane

emission re-duction(Mg/yr)



($/Mg)


2,500,000 .............................................................. 312 77,600 3,370,000 89 1,147 1,1781,000,000 .............................................................. 572 97,600 3,990,000 119 1,219 1,500No 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

Emission rate cutoff (Mg NMOC/yr) Number land-fills affected

Annual c


Annual d

methaneemission re-duction (Mg/

yr)



($/Mg)


Baseline e.150 ........................................................................ 142 66,600 2,210,000 51 766 766100 ........................................................................ 201 72,700 2,720,000 66 908 2,45975 .......................................................................... 250 76,000 3,080,000 79 1,039 3,93950 .......................................................................... 312 77,600 3,370,000 89 1,147 6,250No 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 PERFORMANCESTANDARDS a, b

Small size cutoff (millions Mgr) Number land-fills affected

Annual c


Annual d


yr)

Annual e cost(million $/yr)


($/Mg)

NMOC f In-crementalcost eff.($/Mg)

Baseline g.3,000,000 .............................................................. 41 4,900 193,000 4 816 N/A2,500,000 .............................................................. 43 4,900 193,000 4 816 N/A1,000,000 .............................................................. 89 4,900 193,000 4 816 N/ANo 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 PERFORMANCESTANDARDS a,b


Annual c,d


Annual c,e


yr)

Annual f cost(million $/yr)


($/Mg)

NMOC g In-cremental

cost eff. ($/Mg)

Baseline h.150 ........................................................................ 14 5,200 187,000 4 769 NA100 ........................................................................ 25 5,100 203,000 4 784 NA75 .......................................................................... 33 5,000 194,000 4 800 NA


TABLE 6.—ALTERNATIVE NMOC EMISSION RATE STRINGENCY LEVEL OPTIONS FOR THE NEW SOURCE PERFORMANCESTANDARDS a,b—Continued


Annual c,d


Annual c,e


yr)

Annual f cost(million $/yr)


($/Mg)

NMOC g In-cremental

cost eff. ($/Mg)

50 .......................................................................... 43 4,900 193,000 4 816 NANo 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 an-

nual emission reduction appears to decrease for a more stringent option. However, the emission reduction for a given year increase for morestringent 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 2.5million Mg or 2.5 million cubic meterswas chosen as a result of changes to thenationwide impacts analysis and torelieve as many small businesses andmunicipalities as possible from theregulatory requirements while stillmaintaining significant emissionreduction. The 2.5 million Mg cutofflevel exempts landfills that servepopulations of less than about 125,000people from periodic reporting andcontrol requirements. This cutoffexcludes those landfills who would beleast able to afford the costs of a landfillgas collection and control system. A lessstringent design capacity exemptionlevel (e.g., 3 million Mg) was notselected because it would result in lessemissions reductions. A more stringentdesign capacity exemption level (e.g., 1million Mg) was not selected because itwould increase the number of landfillsrequired to apply control by over 80percent (572 vs. 312 existing landfills)while only achieving an additional 25percent NMOC emission reduction (seetable 3). It would also increase nationalcosts and subject smaller governmententities to the regulatory requirements,since smaller governments typicallyoperate smaller landfills.

The emission rate cutoff of 50 Mg/yrof NMOC was chosen because, inconjunction with the 2.5 million Mgdesign capacity cutoff, it will requirecontrol of less than 5 percent of alllandfills, yet is estimated to reduceNMOC emissions by approximately 53percent and methane emissions by 39percent. The Climate Change ActionPlan, signed by the President in October1993, calls for the EPA to promulgate a‘‘tough’’ landfill gas rule as soon aspossible.

The average cost effectiveness is about$1,150/Mg NMOC (see table 4). Whilethe incremental cost effectiveness forNMOC control of going from a cutoff of75 Mg/yr to a 50 Mg/yr cutoff is high($6,250/Mg NMOC), this value does notinclude any credit for the benefits oftoxics, odor, explosion control, or theindirect benefit of methane control. Theeconomic analysis indicated that thefinal rule (including the 50 Mg/yr cutofflevel) would cause a relatively smallincrease in waste disposal costscompared to the current costs andwould not result in severe economicimpacts on households (see section C.‘‘Social Costs’’ below).

A more stringent option (e.g., nocutoff) was not chosen because theaverage and incremental cost and costeffectiveness was not reasonable (seetable 4). Less stringent emission ratecutoff levels were not chosen becausethey result in less NMOC and methanereduction, and would not be consistentwith the section 111 statutoryrequirement to base emission standardson BDT.

The public entities with whom theEPA consulted understood the EPA’sconcerns regarding the loss of emissionreductions by changing the proposedcapacity exemption level from 100,000Mg to 5 million Mg and agreed that 2.5million relieved 90 percent of thelandfills from the burden of regulationand was reasonable.

c. Social Costs. The regulatorycompliance costs of reducing airemissions from MSW landfills includethe total and annualized capital costs;operating and maintenance costs;monitoring, inspection, recordkeeping,and reporting costs; and total annualcosts. The annualized capital cost iscalculated using a 7 percent discount

rate. The total annual cost is calculatedas the sum of the annualized capitalcost; operating and maintenance costs;and the monitoring, inspection,recordkeeping, and reporting costs.

The total nationwide annualized costfor collection and control of airemissions from new MSW landfills areestimated to be $4 million. Thenationwide costs of the EG for existinglandfills is estimated to be about $90million. The annual cost of wastedisposal is estimated to increase by anaverage of $0.60/Mg for the NSPS and$1.30/Mg for the EG. Costs perhousehold would increase byapproximately $2.50 to $5.00 per yearfor households served by a new orexisting landfill, respectively, that isrequired to install a collection andcontrol system. Because the rulerequires control of only about 5 percentof the landfills in the U.S. manyhouseholds would experience noincrease in disposal costs. Furthermore,if affected landfills choose to use energyrecovery systems, the cost perhousehold in those areas would be less.The EPA has concluded that householdswould not incur severe economicimpacts. For additional information,please refer to the regulatory impactsanalysis (Docket No. A–88–09, Item IV-A–7) and chapter 3 of the promulgationBID (EPA–453/R–94–021). There are noFederal funds available to assist Stateand local governments in meeting thesecosts.

d. Social Benefits. Society will benefitfrom the NSPS and EG through thereduction of landfill gas emissions,including NMOC and methanereductions. The total nationwideannualized emission reduction of theEG is estimated to be 77,600 Mg/yr ofNMOC and 3,370,000 Mg/yr of methane.


The total nationwide annualizedemission reduction for the NSPS isabout 4,900 Mg/yr of NMOC and881,000 Mg/yr of methane.

The NMOC’s present several hazardsto human health. The NMOC’sparticipate in chemical reactionsleading to the formation of ozone, whichcauses health effects. Also, certainNMOC’s have cancer risks and causenoncancer health effects.

Ozone is created by sunlight acting onNOX and NMOC’s in ambient air. Ozoneleads to alterations in pulmonaryfunction, aggravation of pre-existingrespiratory disease, damage to lungstructure, and adverse effects on bloodenzymes, the central nervous system,and endocrine systems. Ozone alsowarrants control due to its welfareeffects, specifically, reduced plantgrowth, decreased crop yield, necrosisof plant tissue, and deterioration ofcertain synthetic materials such asrubber (Docket No. A–88–09, Item Nos.II-A–26, II-I–16, etc.).

There is also concern about cancerrisks from landfill NMOC emissions. Inreviewing limited emissions data fromMSW landfills, EPA identified bothknown and suspected carcinogens suchas benzene, carbon tetrachloride,chloroform, ethylene dichloride,methylene dichloride,perchloroethylene, trichloroethylene,vinyl chloride, and vinylidene chloride.Prior to proposal, the EPA attempted toapply statistical methods to the limiteddata to generate the average annualincreased cancer incidence and themaximum individual risk (MIR). Inevaluating the result of the calculationsfor annual incidence and MIR, the EPAcould not determine reasonableestimates of either an annual incidenceor the MIR. The EPA concluded, atproposal, that the uncertainties in thedatabase are too great to calculatecredible estimates of the cancer risksassociated with MSW landfills.

Another benefit of the NSPS and EGis reduced fire explosion hazard throughreduction of methane emissions. TheEPA has documented many cases ofacute injury and death caused byexplosions and fires related tomunicipal landfill gas emissions. Inaddition to these health effects, theassociated property damage is a welfareeffect. Furthermore, when the migrationof methane and the ensuring hazard areidentified, adjacent property values canbe adversely affected (Docket No. A–88–09, Item Nos. II–I–6, II–I–7, etc.)

Another aspect of MSW landfillemissions is the offensive odorassociated with landfills. While thenature of the wastes themselvescontribute to the problem of odor, the

gaseous decomposition products areoften characteristically malodorous andunpleasant. Various welfare effects maybe associated with odors, but due to thesubjective nature of the impact andperception of odor, it is difficult toquantify these effects. Studies indicatethat unpleasant odors can discouragecapital investment and lower thesocioeconomic status of an area. Odorshave been shown to interfere with dailyactivities, discourage facility use, andlead to a decline in property values, taxrevenues, and payroll (Docket No. A–88–09, Item Nos. II–I–6, II–I–7, etc.)

An ancillary benefit from regulatingair emissions from MSW landfills is areduction in the contribution of MSWlandfill emissions to global emissions ofmethane. Methane is a majorgreenhouse gas, and is 20 to 30 timesmore potent than CO2 on a molecule-per-molecule basis. This is due to theradiative characteristics of methane andother effects methane has onatmospheric chemistry. There is ageneral concern within the scientificcommunity that the increasingemissions of greenhouse gases couldlead to climate change, although the rateand magnitude of these changes areuncertain.

In conclusion, while the socialbenefits of the rule have not beenquantified, significant health andwelfare benefits are expected to resultfrom the reduction in landfill gasemissions caused by the rule.

3. Effects on the National Economy

The Unfunded Mandates Act requiresthat the EPA estimate ‘‘the effect’’ of thisrule—

‘‘on the national economy, such as theeffect on productivity, economic growth, fullemployment, creation of productive jobs, andinternational competitiveness of the U.S.goods and services, if and to the extent thatthe EPA in its sole discretion determines thataccurate estimates are reasonably feasibleand that such effect is relevant and material.’’

As stated in the Unfunded MandatesAct, such macroeconomic effects tend tobe measurable, in nationwideeconometric models, only if theeconomic impact of the regulationreaches 0.25 to 0.5 percent of grossdomestic product (in the range of $1.5billion to $3 billion). A regulation witha smaller aggregate effect is highlyunlikely to have any measurable impactin macroeconomic terms unless it ishighly focused on a particulargeographic region or economic sector.For this reason, no estimate of this rule’seffect on the national economy has beenconducted.

4. Consultation with GovernmentOfficials

The Unfunded Mandates Act requiresthat the EPA describe the extent of theEPA’s consultation with affected State,local, and tribal officials, summarize theofficials’ comments or concerns, andsummarize the EPA’s response to thosecomments or concerns. These goalswere addressed through meetings heldwith a number of public entities overthe course of six months. Those entitiesincluded the US Conference of Mayors,the National League of Cities, theNational Governor’s Association, theNational Association of Counties, andthe Solid Waste Association of NorthAmerica (SWANA). Through thesemeetings, these entities were informedof the rule, educated about it, andadvised as to whether or not they wouldbe impacted by it. These initialeducation and information sharingmeetings were followed by meetings inwhich consultations and analysis ofvarious alternatives took place.Documentation of all meetings andpublic comments can be found inDocket A–88–09.

Various concerns were discussedduring the meetings. These concernsincluded: (1) The design capacity cutoff;(2) collection wells, their costing andinstallation requirements; (3) designspecifications for collection systems; (4)well head nitrogen measurement of 20percent; and (5) the surface monitoringrequirements.

As a result of these consultations, theEPA decided to modify the finalregulatory package to address theseconcerns. In the final regulatory packagepromulgated today: (1) The designcapacity cutoff has been raised from theproposed level of 100,000 to 2.5 millionMg; (2) Changes were made to the waythe costing algorithm calculates thenumber of vertical collection wells. Therule was also changed to require activeareas to install wells 5 years from initialwaste placement instead of 2 years.Closed areas or areas at final grade mustinstall a collection system within 2years; (3) Prescriptive designspecifications have been removed fromthe rule and replaced with generalcriteria. The EPA is developing anEnabling Document to assist State andlocal permitting agencies in their reviewof designs; (4) Well head pressuremonitoring can meet either 20 percentnitrogen or 5 percent oxygen; (5) Surfacemonitoring is to be done quarterlyinstead of monthly, not to exceed 500ppm methane above background.

These changes were made in responseto consultations held regarding burdenof the regulation and as a result of new


data presented by the entities withwhom the EPA met. A letter from theSolid Waste Management of NorthAmerica and SWAC to the EPAdemonstrates their support of thisdecision. Detailed summaries of themeetings and the letter can be obtainedfrom the Docket A–88–09.

Documentation of the EPA’sconsideration of comments on theproposed standards and guidelines isprovided in the BID’s for the proposedand final standards and guidelines.Refer to the ADDRESSES section of thispreamble for information on how toacquire copies of these documents.

The final rule reflects a minimizationof burden on small landfills and doesnot create an unreasonable burden forlarge public entities. The EPA hasconsidered the purpose and intent of theUnfunded Mandate Act and hasdetermined the landfill NSPS and EGare needed.

F. Regulatory Flexibility ActThe Regulatory Flexibility Act (5

U.S.C. 601 et seq.) requires the EPA togive special consideration to the impactof regulation on small businesses, smallorganizations, and small governmentalunits. The Regulatory Flexibility Actspecifies that EPA must prepare aninitial regulatory flexibility analysis if aregulation will have a significanteconomic impact on a substantialnumber of small entities.

Pursuant to section 605(b) of theRegulatory Flexibility Act, 5 U.S.C.605(b), the Administrator certifies thatthis rule will not have a significanteconomic impact on a substantialnumber of small entities.

The final NSPS and Eg exempt smalllandfills that have a design capacitybelow 2.5 million Mg of MSW. Thisdesign capacity exemption will exemptlandfills that serve communities of125,000 people or less, assuming thetypical waste generation rate of 5 lb ofwaste per person per day and an averagelandfill age of 20 years. Section 601 ofthe Regulatory Flexibility Act defines a‘‘small governmental jurisdiction’’ asgovernments of cities, counties, towns,or other districts with a population lessthan 50,000. The design capacityexemption will exempt landfills thatserve small governmental jurisdictions.Therefore, the landfills NSPS and EGwill have no impact on small entities.

The NSPS and EG will requireperiodic emissions calculations orcontrol of emissions from only thelargest 10 percent of landfills in the U.S.By controlling these large landfills, therules will significantly reduce landfillgas emissions, which have adverseeffects on human health and welfare,

contribute to global warming, and cancreate odors and explosion hazards. Inconsideration of the potential regulatoryburden on small entities and inresponse to public comment, the landfilldesign capacity in the proposed rulewas raised to 2.5 million Mg/yr, therebyexempting small entities.

G. MiscellaneousThe effective date of this regulation is

March 12, 1996. Section 111(b)(1)(B) ofthe CAA provides that standards ofperformance or revisions thereofbecome effective upon promulgationand apply to affected facilities of whichthe construction or modification wascommenced after the date of proposal,May 31, 1991.

As prescribed by section 111, thepromulgation of these standards waspreceded by the Administrator’sdetermination that MSW landfillscontribute significantly to air pollutionthat may reasonably be anticipated toendanger public health or welfare. Inaccordance with section 117 of theCAA, publication of these promulgatedstandards was preceded by consultationwith appropriate advisory committees,independent experts, and Federaldepartments and agencies.

This regulation will be reviewed 4years from the date of promulgation asrequired by the CAA. This review willinclude an assessment of such factors asthe need for integration with otherprograms, the existence of alternativemethods, enforceability, improvementsin emission control technology, andreporting requirements.

Section 317 of the CAA requires theAdministrator to prepare an economicimpact assessment for any NSPSpromulgated under section 111(b) of theCAA. An economic impact assessmentwas prepared for this regulation and forother regulatory alternatives. All aspectsof the assessment were considered inthe formulation of the standards toensure that cost was carefullyconsidered in determining the BDT. Theeconomic impact assessment isincluded in the BID for the proposedstandards and in Chapter 3 of thepromulgation BID.

List of Subjects

40 CFR Part 51Environmental protection, Air

pollution control.

40 CFR Part 52Air pollution control.

40 CFR Part 60Environmental protection, Air

pollution control, Intergovernmentalrelations, reporting and recordkeeping

requirements, Municipal solid wastelandfills, Municipal solid waste.

Dated: March 1, 1996.Carol M. Browner,Administrator.

For the reasons set out in thepreamble, title 40, chapter 1, parts 51,52 and 60 of the Code of FederalRegulations are amended as follows:

PART 51—REQUIREMENTS FORPREPARATION, ADOPTION ANDSUBMITTAL OF IMPLEMENTATIONPLANS

1. The authority citation for part 51continues to read as follows:

Authority: 7401–7671q.

2. Section 51.166(b)(23)(i) is amendedby adding an entry to the end of thePollutant and Emission Rate list to readas follows:

§ 51.166 Prevention of significantdeterioration of air quality.* * * * *

(b) * * *(23) * * *(i) * * * Municipal solid waste

landfill emissions (measured asnonmethane organic compounds): 45megagrams per year (50 tons per year)* * * * *

PART 52—APPROVAL ANDPROMULGATION OFIMPLEMENTATION PLANS


Authority: 42 U.S.C. 7401–7671q.

4. Section 52.21(b)(23)(i) is amendedby adding an entry to the end of thePollutant and Emission Rate list to readas follows:

§ 52.21 Prevention of significantdeterioration of air quality.* * * * *

(b) * * *(23) * * *(i) * * * Municipal solid waste

landfills emissions (measured asnonmethane organic compounds): 45megagrams per year (50 tons per year)* * * * *

PART 60—STANDARDS OFPERFORMANCE FOR NEWSTATIONARY SOURCES


Authority: 42 U.S.C. 7401, 7411, 7414,7416, and 7601.

6. Section 60.16 of subpart A isamended by adding an entry to the endto read under Other Source Categoriesas follows:


4 Not prioritized, since an NSPS for this majorsource category has already been promulgated.

§ 60.16 Priority list.

* * * * *

Other Source Categories

* * * * *Municipal solid waste landfills.4

* * * * *7. Section 60.30 is amended by

adding a new paragraph (c) to read asfollows:

§ 60.30 Scope.

* * * * *(c) Subpart Cc—Municipal Solid

Waste Landfills.8. Part 60 is further amended by

adding the Subpart Cc to read asfollows:

Subpart Cc—Emission Guidelines andCompliance Times for Municipal SolidWaste 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 andCompliance Times for Municipal SolidWaste Landfills

§ 60.30c Scope.

This subpart contains emissionguidelines and compliance times for thecontrol of certain designated pollutantsfrom certain designated municipal solidwaste landfills in accordance withsection 111(d) of the Act and subpart B.

§ 60.31c Definitions.

Terms used but not defined in thissubpart have the meaning given them inthe Act and in subparts A, B, and WWWof this part.

Municipal solid waste landfill orMSW landfill means an entire disposalfacility in a contiguous geographicalspace where household waste is placedin or on land. An MSW landfill mayalso receive other types of RCRASubtitle D wastes such as commercialsolid waste, nonhazardous sludge,conditionally exempt small quantitygenerator waste, and industrial solidwaste. Portions of an MSW landfill maybe separated by access roads. An MSWlandfill may be publicly or privatelyowned. An MSW landfill may be a newMSW landfill, an existing MSW landfillor a lateral expansion.

§ 60.32c Designated facilities.(a) The designated facility to which

the guidelines apply is each existingMSW landfill for which construction,reconstruction or modification wascommenced before May 30, 1991.

(b) Physical or operational changesmade to an existing MSW landfill solelyto comply with an emission guidelineare not considered a modification orreconstruction and would not subject anexisting MSW landfill to therequirements of subpart WWW [see§ 60.750 of Subpart WWW].

§ 60.33c Emission guidelines for municipalsolid waste landfill emissions.

(a) For approval, a State plan shallinclude control of MSW landfillemissions at each MSW landfill meetingthe following three conditions:

(1) The landfill has accepted waste atany time since November 8, 1987, or hasadditional design capacity available forfuture waste deposition;

(2) The landfill has a design capacitygreater than or equal to 2.5 millionmegagrams or 2.5 million cubic meters.The landfill may calculate designcapacity in either megagrams or cubicmeters for comparison with theexemption values. Any densityconversions shall be documented andsubmitted with the report; and

(3) The landfill has a nonmethaneorganic compound emission rate of 50megagrams per year or more.

(b) For approval, a State plan shallinclude the installation of a collectionand control system meeting theconditions provided in § 60.752(b)(2)(ii)of this part at each MSW landfillmeeting the conditions in paragraph (a)of this section. The State plan shallinclude a process for State review andapproval of the site-specific designplans for the gas collection and controlsystem(s).

(c) For approval, a State plan shallinclude provisions for the control ofcollected MSW landfill emissionsthrough the use of control devicesmeeting the requirements of paragraph(c)(1), (2), or (3) of this section, exceptas provided in § 60.24.

(1) An open flare designed andoperated in accordance with theparameters established in § 60.18; or

(2) A control system designed andoperated to reduce NMOC by 98 weightpercent; or

(3) An enclosed combustor designedand operated to reduce the outlet NMOCconcentration to 20 parts per million ashexane by volume, dry basis at 3percent oxygen, or less.

§ 60.34c Test methods and procedures.For approval, a State plan shall

include provisions for: the calculation

of the landfill NMOC emission ratelisted in § 60.754, as applicable, todetermine whether the landfill meetsthe condition in § 60.33c(a)(3); theoperational standards in § 60.753; thecompliance provisions in § 60.755; andthe monitoring provisions in § 60.756.

§ 60.35c Reporting and recordkeepingguidelines.

For approval, a State plan shallinclude the recordkeeping and reportingprovisions listed in §§ 60.757 and60.758, as applicable, except asprovided under § 60.24.

§ 60.36c Compliance times.(a) Except as provided for under

paragraph (b) of this section, planning,awarding of contracts, and installationof MSW landfill air emission collectionand control equipment capable ofmeeting the emission guidelinesestablished under § 60.33c shall beaccomplished within 30 months afterthe effective date of a State emissionstandard for MSW landfills.

(b) For each existing MSW landfillmeeting the conditions in § 60.33c(a)(1)and § 60.33c(a)(2) whose NMOCemission rate is less than 50 megagramsper year on the effective date of theState emission standard, installation ofcollection and control systems capableof meeting emission guidelines in§ 60.33c shall be accomplished within30 months of the date when thecondition in § 60.33c(a)(3) is met (i.e.,the date of the first annual nonmethaneorganic compounds emission rate whichequals or exceeds 50 megagrams peryear).

9. Part 60 is amended by adding anew subpart WWW to read as follows:

Subpart WWW—Standards of Performancefor Municipal Solid Waste LandfillsSec.60.750 Applicability, designation of

affected facility, and delegation ofauthority.

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 ofPerformance for Municipal Solid WasteLandfills

§ 60.750 Applicability, designation ofaffected facility, and delegation of authority.

(a) The provisions of this subpartapply to each municipal solid waste


landfill that commenced construction,reconstruction or modification or beganaccepting waste on or after May 30,1991. Physical or operational changesmade to an existing MSW landfill solelyto comply with Subpart Cc of this partare not considered construction,reconstruction, or modification for thepurposes of this section.

(b) The following authorities shall beretained by the Administrator and nottransferred to the State: None.

§ 60.751 Definitions.As used in this subpart, all terms not

defined herein shall have the meaninggiven them in the Act or in subpart Aof this part.

Active collection system means a gascollection system that uses gas moverequipment.

Active landfill means a landfill inwhich solid waste is being placed or alandfill that is planned to accept wastein the future.

Closed landfill means a landfill inwhich solid waste is no longer beingplaced, and in which no additionalsolid wastes will be placed without firstfiling a notification of modification asprescribed under § 60.7(a)(4). Once anotification of modification has beenfiled, and additional solid waste isplaced in the landfill, the landfill is nolonger closed. A landfill is consideredclosed after meeting the criteria of§ 258.60 of this title.

Closure means that point in timewhen a landfill becomes a closedlandfill.

Commercial solid waste means alltypes of solid waste generated by stores,offices, restaurants, warehouses, andother nonmanufacturing activities,excluding residential and industrialwastes.

Controlled landfill means any landfillat which collection and control systemsare required under this subpart as aresult of the nonmethane organiccompounds emission rate. The landfillis considered controlled at the timeeither

(1) A notification of intent to installa collection and control system or

(2) A collection and control systemdesign plan is submitted in compliancewith § 60.752(b)(2)(i).

Design capacity means the maximumamount of solid waste a landfill canaccept, as specified in the constructionor operating permit issued by the State,local, or Tribal agency responsible forregulating the landfill.

Disposal facility means all contiguousland and structures, otherappurtenances, and improvements onthe land used for the disposal of solidwaste.

Emission rate cutoff means thethreshold annual emission rate to whicha landfill compares its estimatedemission rate to determine if controlunder the regulation is required.

Enclosed combustor means anenclosed firebox which maintains arelatively constant limited peaktemperature generally using a limitedsupply of combustion air. An enclosedflare is considered an enclosedcombustor.

Flare means an open combustorwithout enclosure or shroud.

Gas mover equipment means theequipment (i.e., fan, blower,compressor) used to transport landfillgas through the header system.

Household waste means any solidwaste (including garbage, trash, andsanitary waste in septic tanks) derivedfrom households (including, but notlimited to, single and multipleresidences, hotels and motels,bunkhouses, ranger stations, crewquarters, campgrounds, picnic grounds,and day-use recreation areas).

Industrial solid waste means solidwaste generated by manufacturing orindustrial processes that is not ahazardous waste regulated underSubtitle C of the Resource Conservationand Recovery Act, parts 264 and 265 ofthis title. Such waste may include, butis not limited to, waste resulting fromthe following manufacturing processes:electric power generation; fertilizer/agricultural chemicals; food and relatedproducts/by-products; inorganicchemicals; iron and steelmanufacturing; leather and leatherproducts; nonferrous metalsmanufacturing/foundries; organicchemicals; plastics and resinsmanufacturing; pulp and paperindustry; rubber and miscellaneousplastic products; stone, glass, clay, andconcrete products; textilemanufacturing; transportationequipment; and water treatment. Thisterm does not include mining waste oroil and gas waste.

Interior well means any well orsimilar collection component locatedinside the perimeter of the landfill. Aperimeter well located outside thelandfilled waste is not an interior well.

Landfill means an area of land or anexcavation in which wastes are placedfor permanent disposal, and that is nota land application unit, surfaceimpoundment, injection well, or wastepile as those terms are defined under§ 257.2 of this title.

Lateral expansion means a horizontalexpansion of the waste boundaries of anexisting MSW landfill. A lateralexpansion is not a modification unless

it results in an increase in the designcapacity of the landfill.

Municipal solid waste landfill orMSW landfill means an entire disposalfacility in a contiguous geographicalspace where household waste is placedin or on land. An MSW landfill mayalso receive other types of RCRASubtitle D wastes (§ 257.2 of this title)such as commercial solid waste,nonhazardous sludge, conditionallyexempt small quantity generator waste,and industrial solid waste. Portions ofan MSW landfill may be separated byaccess roads. An MSW landfill may bepublicly or privately owned. An MSWlandfill may be a new MSW landfill, anexisting MSW landfill, or a lateralexpansion.

Municipal solid waste landfillemissions or MSW landfill emissionsmeans gas generated by thedecomposition of organic wastedeposited in an MSW landfill or derivedfrom the evolution of organiccompounds in the waste.

NMOC means nonmethane organiccompounds, as measured according tothe provisions of § 60.754.

Nondegradable waste means anywaste that does not decompose throughchemical breakdown or microbiologicalactivity. Examples are, but are notlimited to, concrete, municipal wastecombustor ash, and metals.

Passive collection system means a gascollection system that solely usespositive pressure within the landfill tomove the gas rather than using gasmover equipment.

Sludge means any solid, semisolid, orliquid waste generated from amunicipal, commercial, or industrialwastewater treatment plant, watersupply treatment plant, or air pollutioncontrol facility, exclusive of the treatedeffluent from a wastewater treatmentplant.

Solid waste means any garbage,sludge from a wastewater treatmentplant, water supply treatment plant, orair pollution control facility and otherdiscarded material, including solid,liquid, semisolid, or contained gaseousmaterial resulting from industrial,commercial, mining, and agriculturaloperations, and from communityactivities, but does not include solid ordissolved material in domestic sewage,or solid or dissolved materials inirrigation return flows or industrialdischarges that are point sources subjectto permits under 33 U.S.C. 1342, orsource, special nuclear, or by-productmaterial as defined by the AtomicEnergy Act of 1954, as amended (42U.S.C 2011 et seq.).

Sufficient density means any number,spacing, and combination of collection


system components, including verticalwells, horizontal collectors, and surfacecollectors, necessary to maintainemission and migration control asdetermined by measures of performanceset forth in this part.

Sufficient extraction rate means a ratesufficient to maintain a negativepressure at all wellheads in thecollection system without causing airinfiltration, including any wellheadsconnected to the system as a result ofexpansion or excess surface emissions,for the life of the blower.

§ 60.752 Standards for air emissions frommunicipal solid waste landfills.

(a) Each owner or operator of an MSWlandfill having a design capacity lessthan 2.5 million megagrams by mass or2.5 million cubic meters by volumeshall submit an initial design capacityreport to the Administrator as providedin § 60.757(a). The landfill maycalculate design capacity in eithermegagrams or cubic meters forcomparison with the exemption values.Any density conversions shall bedocumented and submitted with thereport. For purposes of part 70permitting, a landfill with a designcapacity less than 2.5 millionmegagrams or 2.5 million cubic metersdoes not require an operating permitunder part 70 of this chapter. Submittalof the initial design capacity report shallfulfill the requirements of this subpartexcept as provided for in paragraphs(a)(1) and (a)(2) of this section.

(1) The owner or operator shallsubmit to the Administrator anamended design capacity report, asprovided for in § 60.757(a)(3), whenthere is any increase in the designcapacity of a landfill subject to theprovisions of this subpart, whether theincrease results from an increase in thearea or depth of the landfill, a changein the operating procedures of thelandfill, or any other means.

(2) If any increase in the maximumdesign capacity of a landfill exemptedfrom the provisions of § 60.752(b)through § 60.759 of this subpart on thebasis of the design capacity exemptionin paragraph (a) of this section results ina revised maximum design capacityequal to or greater than 2.5 millionmegagrams or 2.5 million cubic meters,the owner or operator shall comply withthe provision of paragraph (b) of thissection.

(b) Each owner or operator of an MSWlandfill having a design capacity equalto or greater than 2.5 million megagramsor 2.5 million cubic meters, shall eithercomply with paragraph (b)(2) of thissection or calculate an NMOC emissionrate for the landfill using the procedures

specified in § 60.754. The NMOCemission rate shall be recalculatedannually, except as provided in§ 60.757(b)(1)(ii) of this subpart. Theowner or operator of an MSW landfillsubject to this subpart with a designcapacity greater than or equal to 2.5million megagrams or 2.5 million cubicmeters is subject to part 70 permittingrequirements. When a landfill is closed,and either never needed control ormeets the conditions for control systemremoval specified in § 60.752(b)(2)(v) ofthis subpart, a part 70 operating permitis no longer required.

(1) If the calculated NMOC emissionrate is less than 50 megagrams per year,the owner or operator shall:

(i) Submit an annual emission reportto the Administrator, except as providedfor in § 60.757(b)(1)(ii); and

(ii) Recalculate the NMOC emissionrate annually using the proceduresspecified in § 60.754(a)(1) until suchtime as the calculated NMOC emissionrate is equal to or greater than 50megagrams per year, or the landfill isclosed.

(A) If the NMOC emission rate, uponrecalculation required in paragraph(b)(1)(ii) of this section, is equal to orgreater than 50 megagrams per year, theowner or operator shall install acollection and control system incompliance with paragraph (b)(2) of thissection.

(B) If the landfill is permanentlyclosed, a closure notification shall besubmitted to the Administrator asprovided for in § 60.757(d).

(2) If the calculated NMOC emissionrate is equal to or greater than 50megagrams per year, the owner oroperator shall:

(i) Submit a collection and controlsystem design plan prepared by aprofessional engineer to theAdministrator within 1 year:

(A) The collection and control systemas described in the plan shall meet thedesign requirements of paragraph(b)(2)(ii) of this section.

(B) The collection and control systemdesign plan shall include anyalternatives to the operationalstandards, test methods, procedures,compliance measures, monitoring,recordkeeping or reporting provisions of§§ 60.753 through 60.758 proposed bythe owner or operator.

(C) The collection and control systemdesign plan shall either conform withspecifications for active collectionsystems in § 60.759 or include ademonstration to the Administrator’ssatisfaction of the sufficiency of thealternative provisions to § 60.759.

(D) The Administrator shall reviewthe information submitted under

paragraphs (b)(2)(i) (A),(B) and (C) ofthis section and either approve it,disapprove it, or request that additionalinformation be submitted. Because ofthe many site-specific factors involvedwith landfill gas system design,alternative systems may be necessary. Awide variety of system designs arepossible, such as vertical wells,combination horizontal and verticalcollection systems, or horizontaltrenches only, leachate collectioncomponents, and passive systems.

(ii) Install a collection and controlsystem within 18 months of thesubmittal of the design plan underparagraph (b)(2)(i) of this section thateffectively captures the gas generatedwithin the landfill.

(A) An active collection system shall:(1) Be designed to handle the

maximum expected gas flow rate fromthe entire area of the landfill thatwarrants control over the intended useperiod of the gas control or treatmentsystem equipment;

(2) Collect gas from each area, cell, orgroup of cells in the landfill in whichthe initial solid waste has been placedfor 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 thebottom and all sides in all areas inwhich gas is to be collected. The linersshall be installed as required under§ 258.40 of this title.

(iii) Route all the collected gas to acontrol system that complies with therequirements in either paragraph(b)(2)(iii) (A), (B) or (C) of this section.

(A) An open flare designed andoperated in accordance with § 60.18;

(B) A control system designed andoperated to reduce NMOC by 98 weight-percent, or, when an enclosedcombustion device is used for control,to either reduce NMOC by 98 weightpercent or reduce the outlet NMOCconcentration to less than 20 parts permillion by volume, dry basis as hexaneat 3 percent oxygen. The reductionefficiency or parts per million byvolume shall be established by an initialperformance test, required under § 60.8using the test methods specified in§ 60.754(d).

(1) If a boiler or process heater is usedas the control device, the landfill gas


stream shall be introduced into theflame zone.

(2) The control device shall beoperated within the parameter rangesestablished during the initial or mostrecent performance test. The operatingparameters to be monitored arespecified in § 60.756;

(C) Route the collected gas to atreatment system that processes thecollected gas for subsequent sale or use.All emissions from any atmosphericvent from the gas treatment system shallbe subject to the requirements ofparagraph (b)(2)(iii) (A) or (B) of thissection.

(iv) Operate the collection and controldevice installed to comply with thissubpart in accordance with theprovisions of § § 60.753, 60.755 and60.756.

(v) The collection and control systemmay be capped or removed providedthat all the conditions of paragraphs(b)(2)(v) (A), (B), and (C) of this sectionare met:

(A) The landfill shall be no longeraccepting solid waste and bepermanently closed under therequirements of § 258.60 of this title. Aclosure report shall be submitted to theAdministrator as provided in§ 60.757(d);

(B) The collection and control systemshall have been in operation a minimumof 15 years; and

(C) Following the proceduresspecified in § 60.754(b) of this subpart,the calculated NMOC gas produced bythe landfill shall be less than 50megagrams per year on three successivetest dates. The test dates shall be no lessthan 90 days apart, and no more than180 days apart.

§ 60.753 Operational standards forcollection and control systems.

Each owner or operator of an MSWlandfill gas collection and controlsystem used to comply with theprovisions of § 60.752(b)(2)(ii) of thissubpart shall:

(a) Operate the collection system suchthat gas is collected from each area, cell,or group of cells in the MSW landfill inwhich 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 withnegative pressure at each wellheadexcept under the following conditions:

(1) A fire or increased welltemperature. The owner or operatorshall record instances when positivepressure occurs in efforts to avoid a fire.These records shall be submitted withthe annual reports as provided in§ 60.757(f)(1);

(2) Use of a geomembrane or syntheticcover. The owner or operator shalldevelop acceptable pressure limits inthe design plan;

(3) A decommissioned well. A wellmay experience a static positivepressure after shut down toaccommodate for declining flows. Alldesign changes shall be approved by theAdministrator;

(c) Operate each interior wellhead inthe collection system with a landfill gastemperature less than 55 oC and witheither a nitrogen level less than 20percent or an oxygen level less than 5percent. The owner or operator mayestablish a higher operatingtemperature, nitrogen, or oxygen valueat a particular well. A higher operatingvalue demonstration shall showsupporting data that the elevatedparameter does not cause fires orsignificantly inhibit anaerobicdecomposition by killing methanogens.

(1) The nitrogen level shall bedetermined using Method 3C, unless analternative test method is established asallowed by § 60.752(b)(2)(i) of thissubpart.

(2) Unless an alternative test methodis established as allowed by§ 60.752(b)(2)(i) of this subpart, theoxygen shall be determined by anoxygen meter using Method 3A exceptthat:

(i) The span shall be set so that theregulatory limit is between 20 and 50percent of the span;

(ii) A data recorder is not required;(iii) Only two calibration gases are

required, a zero and span, and ambientair may be used as the span;

(iv) A calibration error check is notrequired;

(v) The allowable sample bias, zerodrift, and calibration drift are ±10percent.

(d) Operate the collection system sothat the methane concentration is lessthan 500 parts per million above

background at the surface of the landfill.To determine if this level is exceeded,the owner or operator shall conductsurface testing around the perimeter ofthe collection area along a pattern thattraverses the landfill at 30 meterintervals and where visual observationsindicate elevated concentrations oflandfill gas, such as distressedvegetation and cracks or seeps in thecover. The owner or operator mayestablish an alternative traversingpattern that ensures equivalentcoverage. A surface monitoring designplan shall be developed that includes atopographical map with the monitoringroute and the rationale for any site-specific deviations from the 30 meterintervals. Areas with steep slopes orother dangerous areas may be excludedfrom the surface testing.

(e) Operate the system such that allcollected gases are vented to a controlsystem designed and operated incompliance with § 60.752(b)(2)(iii). Inthe event the collection or controlsystem is inoperable, the gas moversystem shall be shut down and allvalves in the collection and controlsystem contributing to venting of the gasto the atmosphere shall be closed within1 hour; and

(f) Operate the control or treatmentsystem at all times when the collectedgas is routed to the system.

(g) If monitoring demonstrates that theoperational requirement in paragraphs(b), (c), or (d) of this section are not met,corrective action shall be taken asspecified in § 60.752(a) (3) through (5)or § 60.755(c) of this subpart. Ifcorrective actions are taken as specifiedin § 60.755, the monitored exceedance isnot a violation of the operationalrequirements in this section.

§ 60.754 Test methods and procedures.

(a)(1) The landfill owner or operatorshall calculate the NMOC emission rateusing either the equation provided inparagraph (a)(1)(i) of this section or theequation provided in paragraph (a)(1)(ii)of this section. The values to be used inboth equations are 0.05 per year for k,170 cubic meters per megagram for Lo,and 4,000 parts per million by volumeas hexane for the CNMOC.

(i) The following equation shall beused if the actual year-to-year solidwaste acceptance rate is known.

M M e i C OCNMOCi

n

ikt

NM= ( )( ) ×( )=

− −∑2 3 6 10 91

k Lo .


where,MNMOC=Total NMOC emission rate from the

landfill, megagrams per yeark=methane generation rate constant, year¥1

Lo=methane generation potential, cubicmeters per megagram solid waste

Mi=mass of solid waste in the ith section,megagrams

ti=age of the ith section, yearsCNMOC=concentration of NMOC, parts per

million by volume as hexane3.6 × 10¥9=conversion factor

The mass of nondegradable solid wastemay be subtracted from the total mass ofsolid waste in a particular section of thelandfill when calculating the value for Mi ifthe documentation provisions of§ 60.758(d)(2) are followed.

(ii) The following equation shall beused if the actual year-to-year solidwaste acceptance rate is unknown.MNMOC=2Lo R (e¥kc ¥ e¥kt) (CNMOC) (3.6 ×

10¥9)where,MNMOC=mass emission rate of NMOC,

megagrams per yearLo=methane generation potential, cubic

meters per megagram solid wasteR=average annual acceptance rate,

megagrams per yeark=methane generation rate constant, year¥1

t=age of landfill, yearsCNMOC=concentration of NMOC, parts per

million by volume as hexanec=time since closure, years. For active

landfill c = O and e¥kc=13.6 × 10¥9=conversion factor

The mass of nondegradable solid wastemay be subtracted from the average annualacceptance rate when calculating a value forR, if the documentation provisions of§ 60.758(d)(2) are followed.

(2) Tier 1. The owner or operator shallcompare the calculated NMOC massemission rate to the standard of 50megagrams per year.

(i) If the NMOC emission ratecalculated in paragraph (a)(1) of thissection is less than 50 megagrams peryear, then the landfill owner shallsubmit an emission rate report asprovided in § 60.757(b)(1), and shallrecalculate the NMOC mass emissionrate annually as required under§ 60.752(b)(1).

(ii) If the calculated NMOC emissionrate is equal to or greater than 50megagrams per year, then the landfillowner shall either comply with§ 60.752(b)(2), or determine a site-specific NMOC concentration andrecalculate the NMOC emission rateusing the procedures provided inparagraph (a)(3) of this section.

(3) Tier 2. The landfill owner oroperator shall determine the NMOCconcentration using the followingsampling procedure. The landfill owneror operator shall install at least twosample probes per hectare of landfill

surface that has retained waste for atleast 2 years. If the landfill is larger than25 hectares in area, only 50 samples arerequired. The sample probes should belocated to avoid known areas ofnondegradable solid waste. The owneror operator shall collect and analyze onesample of landfill gas from each probeto determine the NMOC concentrationusing Method 25C of appendix A of thispart or Method 18 of appendix A of thispart. If using Method 18 of appendix Aof this part, the minimum list ofcompounds to be tested shall be thosepublished in the most recentCompilation of Air Pollutant EmissionFactors (AP–42). If composite samplingis used, equal volumes shall be takenfrom each sample probe. If more thanthe required number of samples aretaken, all samples shall be used in theanalysis. The landfill owner or operatorshall divide the NMOC concentrationfrom Method 25C of appendix A of thispart by six to convert from CNMOC ascarbon to CNMOC as hexane.

(i) The landfill owner or operatorshall recalculate the NMOC massemission rate using the equationsprovided in paragraph (a)(1)(i) or(a)(1)(ii) of this section and using theaverage NMOC concentration from thecollected samples instead of the defaultvalue in the equation provided inparagraph (a)(1) of this section.

(ii) If the resulting mass emission ratecalculated using the site-specific NMOCconcentration is equal to or greater than50 megagrams per year, then the landfillowner or operator shall either complywith § 60.752(b)(2), or determine thesite-specific methane generation rateconstant and recalculate the NMOCemission rate using the site-specificmethane generation rate using theprocedure specified in paragraph (a)(4)of this section.

(iii) If the resulting NMOC massemission rate is less than 50 megagramsper year, the owner or operator shallsubmit a periodic estimate of theemission rate report as provided in§ 60.757(b)(1) and retest the site-specificNMOC concentration every 5 yearsusing the methods specified in thissection.

(4) Tier 3. The site-specific methanegeneration rate constant shall bedetermined using the proceduresprovided in Method 2E of appendix Aof this part. The landfill owner oroperator shall estimate the NMOC massemission rate using equations inparagraph (a)(1)(i) or (a)(1)(ii) of thissection and using a site-specificmethane generation rate constant k, andthe site-specific NMOC concentration asdetermined in paragraph (a)(3) of thissection instead of the default values

provided in paragraph (a)(1) of thissection. The landfill owner or operatorshall compare the resulting NMOC massemission rate to the standard of 50megagrams per year.

(i) If the NMOC mass emission rate ascalculated using the site-specificmethane generation rate andconcentration of NMOC is equal to orgreater than 50 megagrams per year, theowner or operator shall comply with§ 60.752(b)(2).

(ii) If the NMOC mass emission rateis less than 50 megagrams per year, thenthe owner or operator shall submit aperiodic emission rate report asprovided in § 60.757(b)(1) and shallrecalculate the NMOC mass emissionrate annually, as provided in§ 60.757(b)(1) using the equations inparagraph (a)(1) of this section andusing the site-specific methanegeneration rate constant and NMOCconcentration obtained in paragraph(a)(3) of this section. The calculation ofthe methane generation rate constant isperformed only once, and the valueobtained is used in all subsequentannual NMOC emission ratecalculations.

(5) The owner or operator may useother methods to determine the NMOCconcentration or a site-specific k as analternative to the methods required inparagraphs (a)(3) and (a)(4) of thissection if the method has been approvedby the Administrator as provided in§ 60.752(b)(2)(i)(B).

(b) After the installation of acollection and control system incompliance with § 60.755, the owner oroperator shall calculate the NMOCemission rate for purposes ofdetermining when the system can beremoved as provided in§ 60.752(b)(2)(v), using the followingequation:MNMOC = 1.89 × 10¥3 QLFG CNMOC

where,MNMOC = mass emission rate of NMOC,

megagrams per yearQLFG = flow rate of landfill gas, cubic meters

per minuteCNMOC = NMOC concentration, parts per

million by volume as hexane

(1) The flow rate of landfill gas, QLFG,shall be determined by measuring thetotal landfill gas flow rate at thecommon header pipe that leads to thecontrol device using a gas flowmeasuring device calibrated accordingto the provisions of section 4 of Method2E of appendix A of this part.

(2) The average NMOC concentration,CNMOC, shall be determined bycollecting and analyzing landfill gassampled from the common header pipebefore the gas moving or condensate


removal equipment using theprocedures in Method 25C or Method 18of appendix A of this part. If usingMethod 18 of appendix A of this part,the minimum list of compounds to betested shall be those published in themost recent Compilation of AirPollutant Emission Factors (AP–42). Thesample location on the common headerpipe shall be before any condensateremoval or other gas refining units. Thelandfill owner or operator shall dividethe NMOC concentration from Method25C of appendix A of this part by six toconvert from CNMOC as carbon to CNMOC

as hexane.(3) The owner or operator may use

another method to determine landfillgas flow rate and NMOC concentrationif the method has been approved by theAdministrator as provided in§ 60.752(b)(2)(i)(B).

(c) The owner or operator of eachMSW landfill subject to the provisionsof this subpart shall estimate the NMOCemission rate for comparison to the PSDmajor source and significance levels in§§ 51.166 or 52.21 of this chapter usingAP–42 or other approved measurementprocedures. If a collection system,which complies with the provisions in§ 60.752(b)(2) is already installed, theowner or operator shall estimate theNMOC emission rate using theprocedures provided in paragraph (b) ofthis section.

(d) For the performance test requiredin § 60.752(b)(2)(iii)(B), Method 25 orMethod 18 of appendix A of this partshall be used to determine compliancewith 98 weight-percent efficiency or the20 ppmv outlet concentration level,unless another method to demonstratecompliance has been approved by theAdministrator as provided by§ 60.752(b)(2)(i)(B). If using Method 18of appendix A of this part, the minimumlist of compounds to be tested shall bethose published in the most recentCompilation of Air Pollutant EmissionFactors (AP–42). The following equationshall be used to calculate efficiency:Control Efficiency = (NMOCin ¥ NMOCout)/

(NMOCin)where,NMOCin = mass of NMOC entering control

deviceNMOCout = mass of NMOC exiting control

device

§ 60.755 Compliance provisions.

(a) Except as provided in§ 60.752(b)(2)(i)(B), the specifiedmethods in paragraphs (a)(1) through(a)(6) of this section shall be used todetermine whether the gas collectionsystem is in compliance with§ 60.752(b)(2)(ii).

(1) For the purposes of calculating themaximum expected gas generation flowrate from the landfill to determinecompliance with § 60.752(b)(2)(ii)(A)(1),one of the following equations shall beused. The k and Lo kinetic factorsshould be those published in the mostrecent Compilation of Air PollutantEmission Factors (AP–42) or other sitespecific values demonstrated to beappropriate and approved by theAdministrator. If k has been determinedas specified in § 60.754(a)(4), the valueof k determined from the test shall beused. A value of no more than 15 yearsshall be used for the intended useperiod of the gas mover equipment. Theactive life of the landfill is the age of thelandfill plus the estimated number ofyears 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 yearLo = methane generation potential, cubic

meters per megagram solid wasteR = average annual acceptance rate,

megagrams per yeark = methane generation rate constant, year¥1

t = age of the landfill at equipmentinstallation plus the time the owner oroperator intends to use the gas moverequipment or active life of the landfill,whichever is less. If the equipment isinstalled after closure, t is the age of thelandfill at installation, years

c = time since closure, years (for an activelandfill c = O and e¥kc = 1)

(ii) For sites with known year-to-yearsolid waste acceptance rate:

Q e iMi

nkt= ( )

=

−∑21

k L Mo i

where,QM=maximum expected gas generation flow

rate, cubic meters per yeark=methane generation rate constant, year¥1

Lo=methane generation potential, cubicmeters 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 systemhas been installed, actual flow data maybe used to project the maximumexpected gas generation flow rateinstead of, or in conjunction with, theequations in paragraphs (a)(1) (i) and (ii)of this section. If the landfill is stillaccepting waste, the actual measuredflow data will not equal the maximumexpected gas generation rate, socalculations using the equations inparagraphs (a)(1) (i) or (ii) or othermethods shall be used to predict themaximum expected gas generation rate

over the intended period of use of thegas control system equipment.

(2) For the purposes of determiningsufficient density of gas collectors forcompliance with § 60.752(b)(2)(ii)(A)(2),the owner or operator shall design asystem of vertical wells, horizontalcollectors, or other collection devices,satisfactory to the Administrator,capable of controlling and extracting gasfrom all portions of the landfillsufficient to meet all operational andperformance standards.

(3) For the purpose of demonstratingwhether the gas collection system flowrate is sufficient to determinecompliance with § 60.752(b)(2)(ii)(A)(3),the owner or operator shall measuregauge pressure in the gas collectionheader at each individual well,monthly. If a positive pressure exists,action shall be initiated to correct theexceedance within 5 calendar days,except for the three conditions allowedunder § 60.753(b). If negative pressurecannot be achieved without excess airinfiltration within 15 calendar days ofthe first measurement, the gas collectionsystem shall be expanded to correct theexceedance within 120 days of theinitial measurement of positivepressure. Any attempted correctivemeasure shall not cause exceedances ofother operational or performancestandards.

(4) Owners or operators are notrequired to install additional wells asrequired in paragraph (a)(3) of thissection during the first 180 days aftergas collection system start-up.

(5) For the purpose of identifyingwhether excess air infiltration into thelandfill is occurring, the owner oroperator shall monitor each wellmonthly for temperature and nitrogen oroxygen as provided in § 60.753(c). If awell exceeds one of these operatingparameters, action shall be initiated tocorrect the exceedance within 5calendar days. If correction of theexceedance cannot be achieved within15 calendar days of the firstmeasurement, the gas collection systemshall be expanded to correct theexceedance within 120 days of theinitial exceedance. Any attemptedcorrective measure shall not causeexceedances of other operational orperformance standards.

(6) An owner or operator seeking todemonstrate compliance with§ 60.752(b)(2)(ii)(A)(4) through the useof a collection system not conforming tothe specifications provided in § 60.759shall provide information satisfactory tothe Administrator as specified in§ 60.752(b)(2)(i)(C) demonstrating thatoff-site migration is being controlled.


(b) For purposes of compliance with§ 60.753(a), each owner or operator of acontrolled landfill shall place each wellor design component as specified in theapproved design plan as provided in§ 60.752(b)(2)(i). Each well shall beinstalled within 60 days of the date inwhich the initial solid waste has beenin 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 surfacemethane operational standard asprovided in § 60.753(d).

(1) After installation of the collectionsystem, the owner or operator shallmonitor surface concentrations ofmethane along the entire perimeter ofthe collection area and along aserpentine pattern spaced 30 metersapart (or a site-specific establishedspacing) for each collection area on aquarterly basis using an organic vaporanalyzer, flame ionization detector, orother portable monitor meeting thespecifications provided in paragraph (d)of this section.

(2) The background concentrationshall be determined by moving theprobe inlet upwind and downwindoutside the boundary of the landfill ata distance of at least 30 meters from theperimeter wells.

(3) Surface emission monitoring shallbe performed in accordance withsection 4.3.1 of Method 21 of appendixA of this part, except that the probe inletshall be placed within 5 to 10centimeters of the ground. Monitoringshall be performed during typicalmeteorological conditions.

(4) Any reading of 500 parts permillion or more above background atany location shall be recorded as amonitored exceedance and the actionsspecified in paragraphs (c)(4) (i) through(v) of this section shall be taken. As longas the specified actions are taken, theexceedance is not a violation of theoperational requirements of § 60.753(d).

(i) The location of each monitoredexceedance shall be marked and thelocation recorded.

(ii) Cover maintenance or adjustmentsto the vacuum of the adjacent wells toincrease the gas collection in thevicinity of each exceedance shall bemade and the location shall be re-monitored within 10 calendar days ofdetecting the exceedance.

(iii) If the re-monitoring of thelocation shows a second exceedance,additional corrective action shall betaken and the location shall bemonitored again within 10 days of thesecond exceedance. If the re-monitoringshows a third exceedance for the same

location, the action specified inparagraph (c)(4)(v) of this section shallbe taken, and no further monitoring ofthat location is required until the actionspecified in paragraph (c)(4)(v) has beentaken.

(iv) Any location that initially showedan exceedance but has a methaneconcentration less than 500 ppmmethane above background at the 10-day re-monitoring specified inparagraph (c)(4) (ii) or (iii) of thissection shall be re-monitored 1 monthfrom the initial exceedance. If the 1-month remonitoring shows aconcentration less than 500 parts permillion above background, no furthermonitoring of that location is requireduntil the next quarterly monitoringperiod. If the 1-month remonitoringshows an exceedance, the actionsspecified in paragraph (c)(4) (iii) or (v)shall be taken.

(v) For any location where monitoredmethane concentration equals orexceeds 500 parts per million abovebackground three times within aquarterly period, a new well or othercollection device shall be installedwithin 120 calendar days of the initialexceedance. An alternative remedy tothe exceedance, such as upgrading theblower, header pipes or control device,and a corresponding timeline forinstallation may be submitted to theAdministrator for approval.

(5) The owner or operator shallimplement a program to monitor forcover integrity and implement coverrepairs as necessary on a monthly basis.

(d) Each owner or operator seeking tocomply with the provisions inparagraph (c) of this section shallcomply with the followinginstrumentation specifications andprocedures for surface emissionmonitoring devices:

(1) The portable analyzer shall meetthe instrument specifications providedin section 3 of Method 21 of appendixA of this part, except that ‘‘methane’’shall replace all references to VOC.

(2) The calibration gas shall bemethane, diluted to a nominalconcentration of 500 parts per million inair.

(3) To meet the performanceevaluation requirements in section 3.1.3of Method 21 of appendix A of this part,the instrument evaluation procedures ofsection 4.4 of Method 21 of appendix Aof this part shall be used.

(4) The calibration proceduresprovided in section 4.2 of Method 21 ofappendix A of this part shall befollowed immediately beforecommencing a surface monitoringsurvey.

(e) The provisions of this subpartapply at all times, except during periodsof start-up, shutdown, or malfunction,provided that the duration of start-up,shutdown, or malfunction shall notexceed 5 days for collection systems andshall not exceed 1 hour for treatment orcontrol devices.

§ 60.756 Monitoring of operations.Except as provided in

§ 60.752(b)(2)(i)(B),(a) Each owner or operator seeking to

comply with § 60.752(b)(2)(ii)(A) for anactive gas collection system shall installa sampling port and a thermometer orother temperature measuring device ateach wellhead and:

(1) Measure the gauge pressure in thegas collection header on a monthly basisas provided in § 60.755(a)(3); and

(2) Monitor nitrogen or oxygenconcentration in the landfill gas on amonthly basis as provided in§ 60.755(a)(5); and

(3) Monitor temperature of the landfillgas on a monthly basis as provided in§ 60.755(a)(5).

(b) Each owner or operator seeking tocomply with § 60.752(b)(2)(iii) using anenclosed combustor shall calibrate,maintain, and operate according to themanufacturer’s specifications, thefollowing equipment.

(1) A temperature monitoring deviceequipped with a continuous recorderand having an accuracy of ±1 percent ofthe temperature being measuredexpressed in degrees Celsius or ±0.5 °C,whichever is greater. A temperaturemonitoring device is not required forboilers or process heaters with designheat input capacity greater than 44megawatts.

(2) A gas flow rate measuring devicethat provides a measurement of gas flowto or bypass of the control device. Theowner or operator shall either:

(i) Install, calibrate, and maintain agas flow rate measuring device that shallrecord the flow to the control device atleast every 15 minutes; or

(ii) Secure the bypass line valve in theclosed position with a car-seal or a lock-and-key type configuration. A visualinspection of the seal or closuremechanism shall be performed at leastonce every month to ensure that thevalve is maintained in the closedposition and that the gas flow is notdiverted through the bypass line.

(c) Each owner or operator seeking tocomply with § 60.752(b)(2)(iii) using anopen flare shall install, calibrate,maintain, and operate according to themanufacturer’s specifications thefollowing equipment:

(1) A heat sensing device, such as anultraviolet beam sensor or


thermocouple, at the pilot light or theflame itself to indicate the continuouspresence of a flame.

(2) A device that records flow to orbypass of the flare. The owner oroperator shall either:

(i) Install, calibrate, and maintain agas flow rate measuring device that shallrecord the flow to the control device atleast every 15 minutes; or

(ii) Secure the bypass line valve in theclosed position with a car-seal or a lock-and-key type configuration. A visualinspection of the seal or closuremechanism shall be performed at leastonce every month to ensure that thevalve is maintained in the closedposition and that the gas flow is notdiverted through the bypass line.

(d) Each owner or operator seeking todemonstrate compliance with§ 60.752(b)(2)(iii) using a device otherthan an open flare or an enclosedcombustor shall provide informationsatisfactory to the Administrator asprovided in § 60.752(b)(2)(i)(B)describing the operation of the controldevice, the operating parameters thatwould indicate proper performance, andappropriate monitoring procedures. TheAdministrator shall review theinformation and either approve it, orrequest that additional information besubmitted. The Administrator mayspecify additional appropriatemonitoring procedures.

(e) Each owner or operator seeking toinstall a collection system that does notmeet the specifications in § 60.759 orseeking to monitor alternativeparameters to those required by § 60.753through § 60.756 shall provideinformation satisfactory to theAdministrator as provided in§ 60.752(b)(2)(i) (B) and (C) describingthe design and operation of thecollection system, the operatingparameters that would indicate properperformance, and appropriatemonitoring procedures. TheAdministrator may specify additionalappropriate monitoring procedures.

(f) Each owner or operator seeking todemonstrate compliance with§ 60.755(c), shall monitor surfaceconcentrations of methane according tothe instrument specifications andprocedures provided in § 60.755(d). Anyclosed landfill that has no monitoredexceedances of the operational standardin three consecutive quarterlymonitoring periods may skip to annualmonitoring. Any methane reading of 500ppm or more above backgrounddetected during the annual monitoringreturns the frequency for that landfill toquarterly monitoring.

§ 60.757 Reporting requirements.Except as provided in

§ 60.752(b)(2)(i)(B),(a) Each owner or operator subject to

the requirements of this subpart shallsubmit an initial design capacity reportto the Administrator.

(1) The initial design capacity reportshall fulfill the requirements of thenotification of the date construction iscommenced as required under§ 60.7(a)(1) and shall be submitted nolater than the earliest day from thefollowing:

(i) 90 days of the issuance of the State,Local, Tribal, or RCRA construction oroperating permit; or

(ii) 30 days of the date of constructionor reconstruction as defined under§ 60.15; or

(iii) 30 days of the initial acceptanceof solid waste.

(2) The initial design capacity reportshall contain the following information:

(i) A map or plot of the landfill,providing the size and location of thelandfill, and identifying all areas wheresolid waste may be landfilled accordingto the provisions of the State, local,Tribal, or RCRA construction oroperating permit;

(ii) The maximum design capacity ofthe landfill. Where the maximum designcapacity is specified in the State or localconstruction or RCRA permit, a copy ofthe permit specifying the maximumdesign capacity may be submitted aspart of the report. If the maximumdesign capacity of the landfill is notspecified in the permit, the maximumdesign capacity shall be calculatedusing good engineering practices. Thecalculations shall be provided, alongwith such parameters as depth of solidwaste, solid waste acceptance rate, andcompaction practices as part of thereport. The State, Tribal, local agency orAdministrator may request otherreasonable information as may benecessary to verify the maximum designcapacity of the landfill.

(3) An amended design capacityreport shall be submitted to theAdministrator providing notification ofany increase in the design capacity ofthe landfill, whether the increase resultsfrom an increase in the permitted areaor depth of the landfill, a change in theoperating procedures, or any othermeans which results in an increase inthe maximum design capacity of thelandfill above 2.5 million megagrams or2.5 million cubic meters. The amendeddesign capacity report shall besubmitted within 90 days of theissuance of an amended construction oroperating permit, or the placement ofwaste in additional land, or the changein operating procedures which will

result in an increase in maximumdesign capacity, whichever occurs first.

(b) Each owner or operator subject tothe requirements of this subpart shallsubmit an NMOC emission rate report tothe Administrator initially and annuallythereafter, except as provided for inparagraphs (b)(1)(ii) or (b)(3) of thissection. The Administrator may requestsuch additional information as may benecessary to verify the reported NMOCemission rate.

(1) The NMOC emission rate reportshall contain an annual or 5-yearestimate of the NMOC emission ratecalculated using the formula andprocedures provided in § 60.754(a) or(b), as applicable.

(i) The initial NMOC emission ratereport shall be submitted within 90 daysof the date waste acceptancecommences and may be combined withthe initial design capacity reportrequired in paragraph (a) of this section.Subsequent NMOC emission rate reportsshall be submitted annually thereafter,except as provided for in paragraphs(b)(1)(ii) and (b)(3) of this section.

(ii) If the estimated NMOC emissionrate as reported in the annual report tothe Administrator is less than 50megagrams per year in each of the next5 consecutive years, the owner oroperator may elect to submit an estimateof the NMOC emission rate for the next5-year period in lieu of the annualreport. This estimate shall include thecurrent amount of solid waste-in-placeand the estimated waste acceptance ratefor each year of the 5 years for whichan NMOC emission rate is estimated.All data and calculations upon whichthis estimate is based shall be providedto the Administrator. This estimate shallbe revised at least once every 5 years.If the actual waste acceptance rateexceeds the estimated waste acceptancerate in any year reported in the 5-yearestimate, a revised 5-year estimate shallbe submitted to the Administrator. Therevised estimate shall cover the 5-yearperiod beginning with the year in whichthe actual waste acceptance rateexceeded the estimated wasteacceptance rate.

(2) The NMOC emission rate reportshall include all the data, calculations,sample reports and measurements usedto estimate the annual or 5-yearemissions.

(3) Each owner or operator subject tothe requirements of this subpart isexempted from the requirements ofparagraphs (b)(1) and (2) of this section,after the installation of a collection andcontrol system in compliance with§ 60.752(b)(2), during such time as thecollection and control system is in


operation and in compliance with§ § 60.753 and 60.755.

(c) Each owner or operator subject tothe provisions of § 60.752(b)(2)(i) shallsubmit a collection and control systemdesign plan to the Administrator within1 year of the first report, required underparagraph (b) of this section, in whichthe emission rate exceeds 50 megagramsper year, except as follows:

(1) If the owner or operator elects torecalculate the NMOC emission rateafter Tier 2 NMOC sampling andanalysis as provided in § 60.754(a)(3)and the resulting rate is less than 50megagrams per year, annual periodicreporting shall be resumed, using theTier 2 determined site-specific NMOCconcentration, until the calculatedemission rate is equal to or greater than50 megagrams per year or the landfill isclosed. The revised NMOC emissionrate report, with the recalculatedemission rate based on NMOC samplingand analysis, shall be submitted within180 days of the first calculatedexceedance of 50 megagrams per year.

(2) If the owner or operator elects torecalculate the NMOC emission rateafter determining a site-specificmethane generation rate constant (k), asprovided in Tier 3 in § 60.754(a)(4), andthe resulting NMOC emission rate is lessthan 50 Mg/yr, annual periodicreporting shall be resumed. Theresulting site-specific methanegeneration rate constant (k) shall beused in the emission rate calculationuntil such time as the emissions ratecalculation results in an exceedance.The revised NMOC emission rate reportbased on the provisions of § 60.754(a)(4)and the resulting site-specific methanegeneration rate constant (k) shall besubmitted to the Administrator within 1year of the first calculated emission rateexceeding 50 megagrams per year.

(d) Each owner or operator of acontrolled landfill shall submit aclosure report to the Administratorwithin 30 days of waste acceptancecessation. The Administrator mayrequest additional information as maybe necessary to verify that permanentclosure has taken place in accordancewith the requirements of 40 CFR 258.60.If a closure report has been submitted tothe Administrator, no additional wastesmay be placed into the landfill withoutfiling a notification of modification asdescribed under § 60.7(a)(4).

(e) Each owner or operator of acontrolled landfill shall submit anequipment removal report to theAdministrator 30 days prior to removalor cessation of operation of the controlequipment.

(1) The equipment removal reportshall contain all of the following items:

(i) A copy of the closure reportsubmitted in accordance with paragraph(d) of this section;

(ii) A copy of the initial performancetest report demonstrating that the 15year minimum control period hasexpired; and

(iii) Dated copies of three successiveNMOC emission rate reportsdemonstrating that the landfill is nolonger producing 50 megagrams orgreater of NMOC per year.

(2) The Administrator may requestsuch additional information as may benecessary to verify that all of theconditions for removal in§ 60.752(b)(2)(v) have been met.

(f) Each owner or operator of a landfillseeking to comply with § 60.752(b)(2)using an active collection systemdesigned in accordance with§ 60.752(b)(2)(ii) shall submit to theAdministrator annual reports of therecorded information in (f)(1) through(f)(6) of this paragraph. The initialannual report shall be submitted within180 days of installation and start-up ofthe collection and control system, andshall include the initial performancetest report required under § 60.8. Forenclosed combustion devices and flares,reportable exceedances are definedunder § 60.758(c).

(1) Value and length of time forexceedance of applicable parametersmonitored under § 60.756(a), (b), (c),and (d).

(2) Description and duration of allperiods when the gas stream is divertedfrom the control device through abypass line or the indication of bypassflow as specified under § 60.756.

(3) Description and duration of allperiods when the control device was notoperating for a period exceeding 1 hourand length of time the control devicewas not operating.

(4) All periods when the collectionsystem was not operating in excess of 5days.

(5) The location of each exceedance ofthe 500 parts per million methaneconcentration as provided in § 60.753(d)and the concentration recorded at eachlocation for which an exceedance wasrecorded in the previous month.

(6) The date of installation and thelocation of each well or collectionsystem expansion added pursuant toparagraphs (a)(3), (b), and (c)(4) of§ 60.755.

(g) Each owner or operator seeking tocomply with § 60.752(b)(2)(i) shallinclude the following information withthe initial performance test reportrequired under § 60.8:

(1) A diagram of the collection systemshowing collection system positioningincluding all wells, horizontal

collectors, surface collectors, or othergas extraction devices, including thelocations of any areas excluded fromcollection and the proposed sites for thefuture collection system expansion;

(2) The data upon which the sufficientdensity of wells, horizontal collectors,surface collectors, or other gasextraction devices and the gas moverequipment sizing are based;

(3) The documentation of thepresence of asbestos or nondegradablematerial for each area from whichcollection wells have been excludedbased on the presence of asbestos ornondegradable material;

(4) The sum of the gas generation flowrates for all areas from which collectionwells have been excluded based onnonproductivity and the calculations ofgas generation flow rate for eachexcluded area; and

(5) The provisions for increasing gasmover equipment capacity withincreased gas generation flow rate, if thepresent gas mover equipment isinadequate to move the maximum flowrate expected over the life of thelandfill; and

(6) The provisions for the control ofoff-site migration.

§ 60.758 Recordkeeping requirements.

Except as provided in§ 60.752(b)(2)(i)(B),

(a) Each owner or operator of an MSWlandfill subject to the provisions of§ 60.752(b) shall keep for at least 5 yearsup-to-date, readily accessible, on-siterecords of the maximum designcapacity, the current amount of solidwaste in-place, and the year-by-yearwaste acceptance rate. Off-site recordsmay be maintained if they areretrievable within 4 hours. Either papercopy or electronic formats areacceptable.

(b) Each owner or operator of acontrolled landfill shall keep up-to-date,readily accessible records for the life ofthe control equipment of the data listedin paragraphs (b)(1) through (b)(4) ofthis section as measured during theinitial performance test or compliancedetermination. Records of subsequenttests or monitoring shall be maintainedfor a minimum of 5 years. Records of thecontrol device vendor specificationsshall be maintained until removal.

(1) Where an owner or operatorsubject to the provisions of this subpartseeks to demonstrate compliance with§ 60.752(b)(2)(ii):

(i) The maximum expected gasgeneration flow rate as calculated in§ 60.755(a)(1). The owner or operatormay use another method to determinethe maximum gas generation flow rate,


if the method has been approved by theAdministrator.

(ii) The density of wells, horizontalcollectors, surface collectors, or othergas extraction devices determined usingthe procedures specified in§ 60.759(a)(1).

(2) Where an owner or operatorsubject to the provisions of this subpartseeks to demonstrate compliance with§ 60.752(b)(2)(iii) through use of anenclosed combustion device other thana boiler or process heater with a designheat input capacity greater than 44megawatts:

(i) The average combustiontemperature measured at least every 15minutes and averaged over the sametime period of the performance test.

(ii) The percent reduction of NMOCdetermined as specified in§ 60.752(b)(2)(iii)(B) achieved by thecontrol device.

(3) Where an owner or operatorsubject to the provisions of this subpartseeks to demonstrate compliance with§ 60.752(b)(2)(iii)(B)(1) through use of aboiler or process heater of any size: adescription of the location at which thecollected gas vent stream is introducedinto the boiler or process heater over thesame time period of the performancetesting.

(4) Where an owner or operatorsubject to the provisions of this subpartseeks to demonstrate compliance with§ 60.752(b)(2)(iii)(A) through use of anopen flare, the flare type (i.e., steam-assisted, air-assisted, or nonassisted), allvisible emission readings, heat contentdetermination, flow rate or bypass flowrate measurements, and exit velocitydeterminations made during theperformance test as specified in § 60.18;continuous records of the flare pilotflame or flare flame monitoring andrecords of all periods of operationsduring which the pilot flame of the flareflame is absent.

(c) Each owner or operator of acontrolled landfill subject to theprovisions of this subpart shall keep for5 years up-to-date, readily accessiblecontinuous records of the equipmentoperating parameters specified to bemonitored in § 60.756 as well as up-to-date, readily accessible records forperiods of operation during which theparameter boundaries establishedduring the most recent performance testare exceeded.

(1) The following constituteexceedances that shall be recorded andreported under § 60.757(f):

(i) For enclosed combustors except forboilers and process heaters with designheat input capacity of 44 megawatts(150 million British thermal unit perhour) or greater, all 3-hour periods of

operation during which the averagecombustion temperature was more than28 oC below the average combustiontemperature during the most recentperformance test at which compliancewith § 60.752(b)(2)(iii) was determined.

(ii) For boilers or process heaters,whenever there is a change in thelocation at which the vent stream isintroduced into the flame zone asrequired under paragraph (b)(3)(i) of thissection.

(2) Each owner or operator subject tothe provisions of this subpart shall keepup-to-date, readily accessiblecontinuous records of the indication offlow to the control device or theindication of bypass flow or records ofmonthly inspections of car-seals or lock-and-key configurations used to sealbypass lines, specified under § 60.756.

(3) Each owner or operator subject tothe provisions of this subpart who usesa boiler or process heater with a designheat input capacity of 44 megawatts orgreater to comply with § 60.752(b)(2)(iii)shall keep an up-to-date, readilyaccessible record of all periods ofoperation of the boiler or process heater.(Examples of such records couldinclude records of steam use, fuel use,or monitoring data collected pursuant toother State, local, Tribal, or Federalregulatory requirements.)

(4) Each owner or operator seeking tocomply with the provisions of thissubpart by use of an open flare shallkeep up-to-date, readily accessiblecontinuous records of the flame or flarepilot flame monitoring specified under§ 60.756(c), and up-to-date, readilyaccessible records of all periods ofoperation in which the flame or flarepilot flame is absent.

(d) Each owner or operator subject tothe provisions of this subpart shall keepfor the life of the collection system anup-to-date, readily accessible plot mapshowing each existing and plannedcollector in the system and providing aunique identification location label foreach collector.

(1) Each owner or operator subject tothe provisions of this subpart shall keepup-to-date, readily accessible records ofthe installation date and location of allnewly installed collectors as specifiedunder § 60.755(b).

(2) Each owner or operator subject tothe provisions of this subpart shall keepreadily accessible documentation of thenature, date of deposition, amount, andlocation of asbestos-containing ornondegradable waste excluded fromcollection as provided in§ 60.759(a)(3)(i) as well as anynonproductive areas excluded fromcollection as provided in§ 60.759(a)(3)(ii).

(e) Each owner or operator subject tothe provisions of this subpart shall keepfor at least 5 years up-to-date, readilyaccessible records of all collection andcontrol system exceedances of theoperational standards in § 60.753, thereading in the subsequent monthwhether or not the second reading is anexceedance, and the location of eachexceedance.

§ 60.759 Specifications for activecollection systems.

(a) Each owner or operator seeking tocomply with § 60.752(b)(2)(i) shall siteactive collection wells, horizontalcollectors, surface collectors, or otherextraction devices at a sufficient densitythroughout all gas producing areas usingthe following procedures unlessalternative procedures have beenapproved by the Administrator asprovided in § 60.752(b)(2)(i)(C) and (D):

(1) The collection devices within theinterior and along the perimeter areasshall be certified to achievecomprehensive control of surface gasemissions by a professional engineer.The following issues shall be addressedin the design: depths of refuse, refusegas generation rates and flowcharacteristics, cover properties, gassystem expandibility, leachate andcondensate management, accessibility,compatibility with filling operations,integration with closure end use, airintrusion control, corrosion resistance,fill settlement, and resistance to therefuse decomposition heat.

(2) The sufficient density of gascollection devices determined inparagraph (a)(1) of this section shalladdress landfill gas migration issues andaugmentation of the collection systemthrough the use of active or passivesystems at the landfill perimeter orexterior.

(3) The placement of gas collectiondevices determined in paragraph (a)(1)of this section shall control all gasproducing areas, except as provided byparagraphs (a)(3)(i) and (a)(3)(ii) of thissection.

(i) Any segregated area of asbestos ornondegradable material may beexcluded from collection if documentedas provided under § 60.758(d). Thedocumentation shall provide the nature,date of deposition, location and amountof asbestos or nondegradable materialdeposited in the area, and shall beprovided to the Administrator uponrequest.

(ii) Any nonproductive area of thelandfill may be excluded from control,provided that the total of all excludedareas can be shown to contribute lessthan 1 percent of the total amount ofNMOC emissions from the landfill. The


amount, location, and age of thematerial shall be documented andprovided to the Administrator uponrequest. A separate NMOC emissionsestimate shall be made for each sectionproposed for exclusion, and the sum ofall such sections shall be compared tothe NMOC emissions estimate for theentire landfill. Emissions from eachsection shall be computed using thefollowing equation:Qi = 2 k Lo Mi (e-kti) (CNMOC) (3.6 × 10¥9)where,Qi = NMOC emission rate from the ith section,

megagrams per yeark = methane generation rate constant, year¥1

Lo = methane generation potential, cubicmeters per megagram solid waste

Mi = mass of the degradable solid waste inthe ith section, megagram

ti = age of the solid waste in the ith section,years

CNMOC = concentration of nonmethaneorganic compounds, parts per million byvolume

3.6 x 10¥9 = conversion factor

(iii) The values for k, Lo, and CNMOCdetermined in field testing shall beused, if field testing has been performedin determining the NMOC emission rateor the radii of influence. If field testinghas not been performed, the defaultvalues for k, Lo and CNMOC provided in§ 60.754(a)(1) shall be used. The mass ofnondegradable solid waste containedwithin the given section may besubtracted from the total mass of thesection when estimating emissionsprovided the nature, location, age, andamount of the nondegradable material isdocumented as provided in paragraph(a)(3)(i) of this section.

(b) Each owner or operator seeking tocomply with § 60.752(b)(2)(i)(A) shallconstruct the gas collection devicesusing the following equipment orprocedures:

(1) The landfill gas extractioncomponents shall be constructed ofpolyvinyl chloride (PVC), high densitypolyethylene (HDPE) pipe, fiberglass,stainless steel, or other nonporouscorrosion resistant material of suitabledimensions to: convey projectedamounts of gases; withstandinstallation, static, and settlementforces; and withstand plannedoverburden or traffic loads. Thecollection system shall extend as

necessary to comply with emission andmigration standards. Collection devicessuch as wells and horizontal collectorsshall be perforated to allow gas entrywithout head loss sufficient to impairperformance across the intended extentof control. Perforations shall be situatedwith regard to the need to preventexcessive air infiltration.

(2) Vertical wells shall be placed so asnot to endanger underlying liners andshall address the occurrence of waterwithin the landfill. Holes and trenchesconstructed for piped wells andhorizontal collectors shall be ofsufficient cross-section so as to allow fortheir proper construction andcompletion including, for example,centering of pipes and placement ofgravel backfill. Collection devices shallbe designed so as not to allow indirectshort circuiting of air into the cover orrefuse into the collection system or gasinto the air. Any gravel used aroundpipe perforations should be of adimension so as not to penetrate orblock perforations.

(3) Collection devices may beconnected to the collection header pipesbelow or above the landfill surface. Theconnector assembly shall include apositive closing throttle valve, anynecessary seals and couplings, accesscouplings and at least one samplingport. The collection devices shall beconstructed of PVC, HDPE, fiberglass,stainless steel, or other nonporousmaterial of suitable thickness.

(c) Each owner or operator seeking tocomply with § 60.752(b)(2)(i)(A) shallconvey the landfill gas to a controlsystem in compliance with§ 60.752(b)(2)(iii) through the collectionheader pipe(s). The gas moverequipment shall be sized to handle themaximum gas generation flow rateexpected over the intended use periodof the gas moving equipment using thefollowing procedures:

(1) For existing collection systems, theflow data shall be used to project themaximum flow rate. If no flow dataexists, the procedures in paragraph(c)(2) of this section shall be used.

(2) For new collection systems, themaximum flow rate shall be inaccordance with § 60.755(a)(1).

10. Part 60 is further amended byadding Methods 2E, 3C and 25C toappendix 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 tothe measurement of landfill gas (LFG)production flow rate from municipal solidwaste (MSW) landfills and is used tocalculate the flow rate of nonmethane organiccompounds (NMOC) from landfills. Thismethod also applies to calculating a site-specific k value as provided in § 60.754(a)(4).It is unlikely that a site-specific k valueobtained through Method 2E testing willlower the annual emission estimate below 50Mg/yr NMOC unless the Tier 2 emissionestimate is only slightly higher than 50 Mg/yr NMOC. Dry, arid regions may show a moresignificant difference between the defaultand calculated k values than wet regions.

1.2 Principle. Extraction wells areinstalled either in a cluster of three or at fivelocations dispersed throughout the landfill. Ablower is used to extract LFG from thelandfill. LFG composition, landfill pressuresnear the extraction well, and volumetric flowrate of LFG extracted from the wells aremeasured and the landfill gas productionflow rate is calculated.

2. Apparatus

2.1 Well Drilling Rig. Capable of boring a0.6 meters diameter hole into the landfill toa minimum of 75 percent of the landfilldepth. The depth of the well shall not exceedthe bottom of the landfill or the liquid level.

2.2 Gravel. No fines. Gravel diametershould be appreciably larger thanperforations stated in sections 2.10 and 3.2 ofthis method.

2.3 Bentonite.2.4 Backfill Material. Clay, soil, and

sandy loam have been found to beacceptable.

2.5 Extraction Well Pipe. Polyvinylchloride (PVC), high density polyethylene(HDPE), fiberglass, stainless steel, or othersuitable nonporous material capable oftransporting landfill gas with a minimumdiameter of 0.075 meters and suitable wall-thickness.

2.6 Wellhead Assembly. Valve capable ofadjusting gas flow at the wellhead and outlet,and a flow measuring device, such as an in-line orifice meter or pitot tube. A schematicof the wellhead assembly is shown in figure1.

BILLING CODE 6560–50–P


BILLING CODE 6560–50–C


2.7 Cap. PVC, HDPE, fiberglass, stainlesssteel, or other suitable nonporous materialcapable of transporting landfill gas with asuitable wall-thickness.

2.8 Header Piping. PVC, HDPE, fiberglass,stainless steel, or other suitable nonporousmaterial capable of transporting landfill gaswith a suitable wall-thickness.

2.9 Auger. Capable of boring a 0.15 to0.23 meters diameter hole to a depth equalto the top of the perforated section of theextraction well, for pressure probeinstallation.

2.10 Pressure Probe. PVC or stainlesssteel (316), 0.025 meters. Schedule 40 pipe.Perforate the bottom two thirds. A minimumrequirement for perforations is slots or holeswith an open area equivalent to four 6.0millimeter diameter holes spaced 90° apartevery 0.15 meters.

2.11 Blower and Flare Assembly. A waterknockout, flare or incinerator, and anexplosion-proof blower, capable of extractingLFG at a flow rate of at least 8.5 cubic metersper minute.

2.12 Standard Pitot Tube and DifferentialPressure Gauge for Flow Rate Calibrationwith Standard Pitot. Same as Method 2,sections 2.1 and 2.8.

2.13 Gas flow measuring device.Permanently mounted Type S pitot tube oran 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, formeasuring the pressure of the pressureprobes.

3. Procedure

3.1 Placement of Extraction Wells. Thelandfill owner or operator shall either installa single cluster of three extraction wells ina test area or space five wells over thelandfill. The cluster wells are recommendedbut may be used only if the composition, ageof the solid waste, and the landfill depth ofthe test area can be determined. CAUTION:Since this method is complex, onlyexperienced personnel should conduct thetest. Landfill gas contains methane, thereforeexplosive mixtures may exist at or near thelandfill. It is advisable to take appropriatesafety precautions when testing landfills,such as installing explosion-proof equipmentand refraining from smoking.

3.1.1 Cluster Wells. Consult landfill siterecords for the age of the solid waste, depth,and composition of various sections of thelandfill. Select an area near the perimeter ofthe landfill with a depth equal to or greaterthan the average depth of the landfill andwith the average age of the solid wastebetween 2 and 10 years old. Avoid areasknown to contain nondecomposablematerials, such as concrete and asbestos.Locate wells as shown in figure 2.

Because the age of the solid waste in a testarea will not be uniform, calculate aweighted average to determine the averageage of the solid waste as follows.

A f Aavg ii

n

i==∑

1

where,Aavg=average age of the solid waste tested,

yearfi=fraction of the solid waste in the ith sectionAi=age of the ith fraction, year



3.1.2 Equal Volume Wells. Thisprocedure is used when the composition, ageof solid waste, and landfill depth are not wellknown. Divide the portion of the landfill thathas had waste for at least 2 years into fiveareas representing equal volumes. Locate anextraction well near the center of each area.Avoid areas known to containnondecomposable materials, such as concreteand asbestos.

3.2 Installation of Extraction Wells. Use awell drilling rig to dig a 0.6 meters diameterhole in the landfill to a minimum of 75percent of the landfill depth, not to exceedthe bottom of the landfill or the water table.Perforate the bottom two thirds of theextraction well pipe. Perforations shall not becloser than 6 meters from the cover.Perforations shall be holes or slots with anopen area equivalent to 1.0 centimeterdiameter holes spaced 90 degrees apart every0.1 to 0.2 meters. Place the extraction well inthe center of the hole and backfill with 2.0to 7.5 centimeters gravel to a level 0.3 metersabove the perforated section. Add a layer ofbackfill material 1.2 meters thick. Add a layerof bentonite 1.0 meter thick, and backfill theremainder of the hole with cover material ormaterial equal in permeability to the existingcover material. The specifications forextraction well installation are shown infigure 3.



3.3 Pressure Probes. Shallow pressureprobes are used in the check for infiltrationof air into the landfill, and deep pressureprobes are used to determine the radius ofinfluence. Locate the deep pressure probesalong three radial arms approximately 120degrees apart at distances of 3, 15, 30, and45 meters from the extraction well. The testerhas the option of locating additional pressureprobes at distances every 15 meters beyond45 meters. Example placements of probes areshown in figure 4.

The probes located 15, 30, and 45 metersfrom each well, and any additional probeslocated along the three radial arms (deepprobes), shall extend to a depth equal to thetop of the perforated section of the extractionwells. Locate three shallow probes at adistance of 3 m from the extraction well.Shallow probes shall extend to a depth equalto half the depth of the deep probes.BILLING CODE 6560–50–P


Use an auger to dig a hole, approximately0.15 to 0.23 meters in diameter, for eachpressure probe. Perforate the bottom twothirds of the pressure probe. Perforationsshall be holes or slots with an open areaequivalent to four 6.0 millimeter diameterholes spaced 90 degrees apart every 0.15meters. Place the pressure probe in the centerof the hole and backfill with gravel to a level0.30 meters above the perforated section.Add a layer of backfill material at least 1.2meters thick. Add a layer of bentonite at least0.3 meters thick, and backfill the remainderof the hole with cover material or materialequal in permeability to the existing covermaterial. The specifications for pressureprobe installation are shown in figure 5.



3.4 LFG Flow Rate Measurement.Determine the flow rate of LFG from the testwells continuously during testing with anorifice meter. Alternative methods tomeasure the LFG flow rate may be used withapproval of the Administrator. Locate theorifice meter as shown in figure 1. Attach thewells to the blower and flare assembly. Theindividual wells may be ducted to a commonheader so that a single blower and flareassembly and flow meter may be used. Usethe procedures in section 4.1 to calibrate theflow meter.

3.5 Leak Check. A leak check of the aboveground system is required for accurate flowrate measurements and for safety. SampleLFG at the wellhead sample port and at apoint downstream of the flow measuringdevice. Use Method 3C to determine nitrogen(N2) concentrations. Determine the differenceby using the formula below.Difference=Co¥Cw

where,Co=concentration of N2 at the outlet, ppmvCw=concentration of N2 at the wellhead,

ppmvThe system passes the leak check if the

difference is less than 10,000 ppmv. If thesystem fails the leak check, make theappropriate adjustments to the above groundsystem and repeat the leak check.

3.6 Static Testing. The purpose of thestatic testing is to determine the initialconditions of the landfill. Close the controlvalves on the wells so that there is no flowof landfill gas from the well. Measure thegauge pressure (Pg) at each deep pressureprobe and the barometric pressure (Pbar)every 8 hours for 3 days. Convert the gaugepressure of each deep pressure probe toabsolute pressure by using the followingequation. Record as Pi.Pi=Pbar+Pg

where,Pbar=Atmospheric pressure, mm HgPg=Gauge pressure of the deep probes, mm

HgPi=Initial absolute pressure of the deep

probes during static testing, mm Hg3.6.1 For each probe, average all of the 8

hr deep pressure probe readings and recordas Pia. The Pia is used in section 3.7.6 todetermine the maximum radius of influence.

3.6.2 Measure the LFG temperature andthe static flow rate of each well once duringstatic testing using a flow measurementdevice, such as a Type S pitot tube andmeasure the temperature of the landfill gas.The flow measurements should be madeeither just before or just after themeasurements of the probe pressures and areused in determining the initial flow from theextraction well during the short term testing.The temperature measurement is used in thecheck for infiltration.

3.7 Short Term Testing. The purpose ofshort term testing is to determine themaximum vacuum that can be applied to thewells without infiltration of air into thelandfill. The short term testing is done onone well at a time. During the short termtesting, burn LFG with a flare or incinerator.

3.7.1 Use the blower to extract LFG froma single well at a rate at least twice the static

flow rate of the respective well measured insection 3.6.2. If using a single blower andflare assembly and a common header system,close the control valve on the wells not beingmeasured. Allow 24 hours for the system tostabilize at this flow rate.

3.7.2 Check for infiltration of air into thelandfill by measuring the temperature of theLFG at the wellhead, the gauge pressures ofthe shallow pressure probes, and the LFG N2

concentration by using Method 3C.CAUTION: Increased vacuum at the wellheadmay cause infiltration of air into the landfill,which increases the possibility of a landfillfire. Infiltration of air into the landfill mayoccur if any of the following conditions aremet: the LFG N2 concentration is more than20 percent, any of the shallow probes havea negative gauge pressure, or the temperaturehas increased above 55°C or the maximumestablished temperature during static testing.If infiltration has not occurred, increase theblower vacuum by 4 mm Hg, wait 24 hours,and repeat the infiltration check. If at anytime, the temperature change exceeds thelimit, stop the test until it is safe to proceed.Continue the above steps of increasingblower vacuum by 4 mm Hg, waiting 24hours, and checking for infiltration until theconcentration of N2 exceeds 20 percent orany of the shallow probes have a negativegauge pressure, at which time reduce thevacuum at the wellhead so that the N2

concentration is less than 20 percent and thegauge pressures of the shallow probes arepositive. This is the maximum vacuum atwhich infiltration does not occur.

3.7.3 At this maximum vacuum, measurePbar every 8 hours for 24 hours and record theLFG flow rate as Qs and the probe gaugepressures for all of the probes as Pf. Convertthe gauge pressures of the deep probes toabsolute pressures for each 8-hour reading atQs as follows:P=Pbar+Pf

where,Pbar=Atmospheric pressure, mm HgPf=Final absolute pressure of the deep probes

during short term testing, mm HgP=Pressure of the deep probes, mm Hg

3.7.4 For each probe, average the 8-hrdeep pressure probe readings and record asPfa.

3.7.5 For each probe, compare the initialaverage pressure (Pia) from section 3.6.1 tothe final average pressure (Pfa). Determine thefurthermost point from the wellhead alongeach radial arm where Pfa ≤ Pia. This distanceis the maximum radius of influence (ROI),which is the distance from the well affectedby the vacuum. Average these values todetermine the average maximum radius ofinfluence (Rma).

The average Rma may also be determined byplotting on semi-log paper the pressuredifferentials (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 determinethe distance when the pressure differential iszero. Additional pressure probes may be usedto obtain more points on the semi-long plotof pressure differentials versus distances.

3.7.6 Calculate the depth (Dst) affected bythe extraction well during the short term test

as follows. If the computed value of Dst

exceeds the depth of the landfill, set Dst equalto the landfill depth.Dst=WD + Rma2

where,Dst=depth, mWD=well depth, mRma=maximum radius of influence, m

3.7.7 Calculate the void volume for theextraction well (V) as follows.V=0.40 π Rma2 Dst

where,V=void volume of test well, m3

Rma=maximum radius of influence, mDst=depth, m

3.7.8 Repeat the procedures in section 3.7for each well.

3.8 Calculate the total void volume of thetest wells (Vv) by summing the void volumes(V) of each well.

3.9 Long Term Testing. The purpose oflong term testing is to determine the methanegeneration rate constant, k. Use the blower toextract LFG from the wells. If a single blowerand flare assembly and common headersystem are used, open all control valves andset the blower vacuum equal to the higheststabilized blower vacuum demonstrated byany individual well in section 3.7. Every 8hours, sample the LFG from the wellheadsample port, measure the gauge pressures ofthe shallow pressure probes, the blowervacuum, the LFG flow rate, and use thecriteria for infiltration in section 3.7.2 andMethod 3C to check for infiltration. Ifinfiltration is detected, do not reduce theblower vacuum, but reduce the LFG flow ratefrom the well by adjusting the control valveon the wellhead. Adjust each affected wellindividually. Continue until the equivalent oftwo total void volumes (Vv) have beenextracted, or until Vt=2 Vv.

3.9.1 Calculate Vt, the total volume ofLFG extracted from the wells, as follows.

Vti

n

==∑60

1

Q ti vi

where,Vt=total volume of LFG extracted from wells,

m3

Qi=LFG flow rate measured at orifice meterat the ith interval, cubic meters perminute

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, theflow rate does not stabilize, calculate Qf byaveraging the last 10 recorded flow rates.

3.9.3 For each deep probe, convert eachgauge pressure to absolute pressure as insection 3.7.4. Average these values andrecord as Psa. For each probe, compare Pia toPsa. Determine the furthermost point from thewellhead along each radial arm where Psa ≤Pia. This distance is the stabilized radius ofinfluence. Average these values to determinethe average stabilized radius of influence(Rsa).

3.10 Determine the NMOC mass emissionrate using the procedures in section 5.

3.11 Deactivation of pressure probe holes.Upon completion of measurements, ifpressure probes are removed, restore the


integrity of the landfill cover by backfillingand sealing to prevent venting of LFG to theatmosphere or air infiltration.

4. Calibrations

Gas Flow Measuring Device CalibrationProcedure. Locate a standard pitot tube inline with a gas flow measuring device. Usethe procedures in Method 2D, section 4, tocalibrate the orifice meter. Method 3C may beused to determine the dry molecular weight.It may be necessary to calibrate more thanone gas flow measuring device to bracket thelandfill gas flow rates. Construct a calibrationcurve by plotting the pressure drops acrossthe gas flow measuring device for each flowrate versus the average dry gas volumetricflow rate in cubic meters per minute of thegas. Use this calibration curve to determinethe volumetric flow from the wells duringtesting.

5. Calculations

5.1 Nomenclature.Aavg=average age of the solid waste tested,

yearAi=age of solid waste in the ith fraction, yearA=age of landfill, yearAr=acceptance rate, megagrams per yearCNMOC=NMOC concentration, ppmv as

hexane (CNMOC=Ct/6)Ct=NMOC concentration, ppmv (carbon

equivalent) from Method 25CD = depth affected by the test wells, mDst=depth affected by the test wells in the

short term test, mDLF=landfill depth, mf = fraction of decomposable solid waste in

the landfillfi=fraction of the solid waste in the ith sectionk=methane generation rate constant, year¥1

Lo=methane generation potential, cubicmeters per megagram

Lo=revised methane generation potential toaccount for the amount ofnondecomposable material in thelandfill, cubic meters per megagram

Mi=mass of solid waste of the ith section,megagrams

Mr=mass of decomposable solid wasteaffected by the test well, megagrams

Mw=number of wellsPbar=atmospheric pressure, mm HgPg=gauge pressure of the deep pressure

probes, mm HgPi=initial absolute pressure of the deep

pressure probes during static testing, mmHg

Pia=average initial absolute pressure of thedeep pressure probes during statictesting, mm Hg

Pf=final absolute pressure of the deeppressure probes during short termtesting, mm Hg

Pfa=average final absolute pressure of thedeep pressure probes during short termtesting, mm Hg

Ps=final absolute pressure of the deeppressure probes during long term testing,mm Hg

Psa=average final absolute pressure of thedeep pressure probes during long termtesting, mm Hg

QB=required blow flow rate, cubic meters perminute

Qf=final stabilized flow rate, cubic meters perminute

Qi=LFG flow rate measured at orifice meterduring the ith interval, cubic meters perminute

Qs=maximum LFG flow rate at each welldetermined by short term test, cubicmeters per minute

Qt=NMOC mass emission rate, cubic metersper minute

Rm=maximum radius of influence, mRma=average maximum radius of influence, mRs=stabilized radius of influence for an

individual well, mRsa=average stabilized radius of influence, mti=age of section i, yeartt=total time of long term testing, yearV=void volume of test well, m3

Vr=volume of solid waste affected by the testwell, m3

Vt=total volume of solid waste affected by thelong term testing, m3

Vv=total void volume affected by test wells,m3

WD=well depth, mρ=solid waste density, m3 (Assume 0.64

megagrams per cubic meter if data areunavailable)

5.2 Use the following equation tocalculate the depth affected by the test well.If using cluster wells, use the average depthof the wells for WD. If the value of D isgreater than the depth of the landfill, set Dequal to the landfill depth.D=WD+Rsa

5.3 Use the following equation tocalculate the volume of solid waste affectedby the test well.Vr=Rsa2 π D

5.4 Use the following equation tocalculate the mass affected by the test well.Mr=Vrρ

5.5 Modify Lo to account for thenondecomposable solid waste in the landfill.Lo′=f Lo

5.6 In the following equation, solve for kby iteration. A suggested procedure is toselect a value for k, calculate the left side ofthe equation, and if not equal to zero, selectanother value for k. Continue this processuntil the left hand side of the equation equalszero, #0.001.

ke AQk

avgf− − ×( ) =5 256 10

205.

' L Mo r

5.7 Use the following equation todetermine landfill NMOC mass emission rateif the yearly acceptance rate of solid wastehas been consistent (±10 percent) over thelife of the landfill.Qt = 2 Lo′ Ar (1 ¥ e¥k A) CNMOC / (5.256 ×

1011)5.8 Use the following equation to

determine landfill NMOC mass emission rateif the acceptance rate has not been consistentover the life of the landfill.

Q M e it ikt

i

n

=×( )

−

=∑2

5 256 10111

kL Co NMOC'

.

6. Bibliography

1. Same as Method 2, appendix A, 40 CFRpart 60.

2. Emcon Associates, Methane Generationand Recovery from Landfills. Ann ArborScience, 1982.

3. The Johns Hopkins University, BrownStation Road Testing and Gas RecoveryProjections. Laurel, Maryland: October 1982.

4. Mandeville and Associates, ProcedureManual for Landfill Gases Emission Testing.

5. Letter and attachments from Briggum, S.,Waste Management of North America, toThorneloe, 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, toWyatt, S., EPA. Response to December 7,1988 request for additional information.January 16, 1989.* * * * *

Method 3C—Determination of CarbonDioxide, Methane, Nitrogen, and OxygenFrom Stationary Sources


1.1 Applicability. This method applies tothe analysis of carbon dioxide (CO2),methane (CH4), nitrogen (N2), and oxygen(O2) in samples from municipal solid wastelandfills and other sources when specified inan applicable subpart.

1.2 Principle. A portion of the sample isinjected into a gas chromatograph (GC) andthe CO2, CH4, N2, and O2 concentrations aredetermined by using a thermal conductivitydetector (TCD) and integrator.

2. Range and Sensitivity

2.1 Range. The range of this methoddepends upon the concentration of samples.The analytical range of TCD’s is generallybetween approximately 10 ppmv and theupper percent range.

2.2 Sensitivity. The sensitivity limit for acompound is defined as the minimumdetectable 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 lowppmv range.

3. Interferences

Since the TCD exhibits universal responseand detects all gas components except thecarrier, interferences may occur. Choosingthe appropriate GC or shifting the retentiontimes by changing the column flow rate mayhelp to eliminate resolution interferences.

To assure consistent detector response,helium is used to prepare calibration gases.Frequent exposure to samples or carrier gascontaining oxygen may gradually destroyfilaments.

4. Apparatus

4.1 Gas Chromatograph. GC having atleast the following components:

4.1.1 Separation Column. Appropriatecolumn(s) to resolve CO2, CH4, N2, O2, andother gas components that may be present inthe sample.

4.1.2 Sample Loop. Teflon or stainlesssteel tubing of the appropriate diameter.


Note: Mention of trade names or specificproducts does not constitute endorsement orrecommendation by the U. S. EnvironmentalProtection Agency.

4.1.3 Conditioning System. To maintainthe column and sample loop at constanttemperature.

4.1.4 Thermal Conductivity Detector.4.2 Recorder. Recorder with linear strip

chart. Electronic integrator (optional) isrecommended.

4.3 Teflon Tubing. Diameter and lengthdetermined by connection requirements ofcylinder regulators and the GC.

4.4 Regulators. To control gas cylinderpressures and flow rates.

4.5 Adsorption Tubes. Applicable traps toremove any O2 from the carrier gas.

5. Reagents

5.1 Calibration and Linearity Gases.Standard cylinder gas mixtures for eachcompound of interest with at least threeconcentration levels spanning the range ofsuspected sample concentrations. Thecalibration gases shall be prepared in helium.

5.2 Carrier Gas. Helium, high-purity.

6. Analysis

6.1 Sample Collection. Use the samplecollection procedures described in Methods3 or 25C to collect a sample of landfill gas(LFG).

6.2 Preparation of GC. Before putting theGC analyzer into routine operation, optimizethe operational conditions according to themanufacturer’s specifications to provide goodresolution and minimum analysis time.Establish the appropriate carrier gas flow andset the detector sample and reference cellflow rates at exactly the same levels. Adjustthe column and detector temperatures to therecommended levels. Allow sufficient timefor temperature stabilization. This maytypically require 1 hour for each change intemperature.

6.3 Analyzer Linearity Check andCalibration. Perform this test before sampleanalysis. Using the gas mixtures in section5.1, verify the detector linearity over therange of suspected sample concentrationswith at least three points per compound ofinterest. This initial check may also serve asthe initial instrument calibration. Allsubsequent calibrations may be performedusing a single-point standard gas providedthe calibration point is within 20 percent ofthe sample component concentration. Foreach instrument calibration, record thecarrier and detector flow rates, detectorfilament and block temperatures, attenuationfactor, injection time, chart speed, sampleloop volume, and component concentrations.Plot a linear regression of the standardconcentrations versus area values to obtainthe response factor of each compound.Alternatively, response factors of uncorrectedcomponent concentrations (wet basis) may begenerated using instrumental integration.Note: Peak height may be used instead ofpeak area throughout this method.

6.4 Sample Analysis. Purge the sampleloop with sample, and allow to come toatmospheric pressure before each injection.Analyze each sample in duplicate, andcalculate the average sample area (A). The

results are acceptable when the peak areas fortwo consecutive injections agree within 5percent of their average. If they do not agree,run additional samples until consistent areadata are obtained. Determine the tank sampleconcentrations according to section 7.2.

7. Calculations

Carry out calculations retaining at least oneextra decimal figure beyond that of theacquired data. Round off results only afterthe final calculation.

7.1 Nomenclature.A = average sample areaBw = moisture content in the sample, fractionC = component concentration in the sample,

dry basis, ppmvCt = calculated NMOC concentration, ppmv

C equivalentCtm = measured NMOC concentration, ppmv

C equivalentPbar = barometric pressure, mm HgPti = gas sample tank pressure after

evacuation, mm Hg absolutePt = gas sample tank pressure after sampling,

but before pressurizing, mm Hg absolutePtf = final gas sample tank pressure after

pressurizing, mm Hg absolutePw = vapor pressure of H2O (from table 3C–

1), mm HgTti = sample tank temperature before

sampling, °KTt = sample tank temperature at completion

of sampling, °KTtf = sample tank temperature after

pressurizing, °Kr = total number of analyzer injections of

sample tank during analysis (where j =injection number, 1 . . . r)

R = Mean calibration response factor forspecific sample component, area/ppmv

TABLE 3C–1.—MOISTURECORRECTION

Temperature °CVapor Pres-

sure ofH2O, mm

Hg

4 ................................................ 6.16 ................................................ 7.08 ................................................ 8.010 .............................................. 9.212 .............................................. 10.514 .............................................. 12.016 .............................................. 13.618 .............................................. 15.520 .............................................. 17.522 .............................................. 19.824 .............................................. 22.426 .............................................. 25.228 .............................................. 28.330 .............................................. 31.8

7.2 Concentration of SampleComponents. Calculate C for each compoundusing Equations 3C–1 and 3C–2. Use thetemperature and barometric pressure at thesampling site to calculate Bw. If the samplewas diluted with helium using theprocedures in Method 25C, use Equation 3C–3 to calculate the concentration.

BP

PC

CA

R BC

P

TP

T

P

T

A

R BC

ww

bar

w

tf

tf

t

t

ti

ti

w

=

=−( )

=− −( )

3 1

13

13

-

- 2

C - 3

8. Bibliography1. McNair, H.M., and E.J. Bonnelli. Basic

Gas Chromatography. Consolidated Printers,Berkeley, CA. 1969.* * * * *

Method 25C—Determination of NonmethaneOrganic Compounds (NMOC) in MSWLandfill Gases

1. Applicability and Principle1.1 Applicability. This method is

applicable to the sampling and measurementof nonmethane organic compounds (NMOC)as carbon in MSW landfill gases.

1.2 Principle. A sample probe that hasbeen perforated at one end is driven oraugered to a depth of 1.0 meter below thebottom of the landfill cover. A sample of thelandfill gas is extracted with an evacuatedcylinder. The NMOC content of the gas isdetermined by injecting a portion of the gasinto a gas chromatographic column toseparate 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 flameionization detector (FID). In this manner, thevariable response of the FID associated withdifferent types of organics is eliminated.

2. Apparatus2.1 Sample Probe. Stainless steel, with

the bottom third perforated. The sampleprobe shall be capped at the bottom and shallhave a threaded cap with a samplingattachment at the top. The sample probe shallbe long enough to go through and extend noless than 1.0 meter below the landfill cover.If the sample probe is to be driven into thelandfill, the bottom cap should be designedto facilitate driving the probe into thelandfill.

2.2 Sampling Train.2.2.1 Rotameter with Flow Control Valve.

Capable of measuring a sample flow rate of500 ml/min or less (30.5±3.1 m3/min). Thecontrol 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 ofmeasuring pressure to within 1 mm Hg in therange of 0 to 1,100 mm Hg.

2.2.4 Sample Tank. Stainless steel oraluminum cylinder, with a minimum volumeof 4 liters and equipped with a stainless steelsample tank valve.

2.3 Vacuum Pump. Capable of evacuatingto an absolute pressure of 10 mm Hg.

2.4 Purging Pump. Portable, explosionproof, and suitable for sampling NMOC.


2.5 Pilot Probe Procedure. The followingare needed only if the tester chooses to usethe procedure described in section 4.2.1.

2.5.1 Pilot Probe. Tubing of sufficientstrength to withstand being driven into thelandfill by a post driver and an outsidediameter of at least 6.0 millimeters smallerthan the sample probe. The pilot probe shallbe capped on both ends and long enough togo through the landfill cover and extend noless than 1.0 meter into the landfill.

2.5.2 Post Driver and Compressor.Capable of driving the pilot probe and thesampling probe into the landfill.

2.6 Auger Procedure. The following areneeded only if the tester chooses to use theprocedure described in section 4.2.2.

2.6.1 Auger. Capable of drilling throughthe landfill cover and to a depth of no lessthan 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 insections 2.3, 2.4.1, 2.4.2, 2.4.4, respectively,of Method 25.

3. Reagents

3.1 NMOC Analysis. Same as in Method25, section 3.2.

3.2 Calibration. Same as in Method 25,section 3.4, except omit section 3.4.3.

4. Procedure4.1 Sample Tank Evacuation and Leak

Check. Conduct the sample tank evacuationand leak check either in the laboratory or thefield. Connect the pressure gauge andsampling valve to the sample tank. Evacuatethe sample tank to 10 mm Hg absolutepressure or less. Close the sampling valve,and allow the tank to sit for 60 minutes. Thetank is acceptable if no change is noted.Include the results of the leak check in thetest report.

4.2 Sample Probe Installation. The testermay use the procedure in sections 4.2.1 or4.2.2. CAUTION: Since this method iscomplex, only experienced personnel shouldperform this test. LFG contains methane,therefore explosive mixtures may exist on ornear the landfill. It is advisable to takeappropriate safety precautions when testinglandfills, such as refraining from smokingand installing explosion-proof equipment.

4.2.1 Pilot Probe Procedure. Use the postdriver to drive the pilot probe at least 1.0meter below the landfill cover. Alternativeprocedures to drive the probe into thelandfill may be used subject to the approvalof the Administrator.

Remove the pilot probe and drive thesample probe into the hole left by the pilotprobe. The sample probe shall extend notless than 1.0 meter below the landfill coverand shall protrude about 0.3 meters above thelandfill cover. Seal around the samplingprobe with bentonite and cap the samplingprobe with the sampling probe cap.

4.2.2 Auger Procedure. Use an auger todrill a hole through the landfill cover and toat least 1.0 meter below the landfill cover.Place the sample probe in the hole andbackfill with pea gravel to a level 0.6 metersfrom the surface. The sample probe shallprotrude at least 0.3 meters above the landfillcover. Seal the remaining area around theprobe with bentonite. Allow 24 hours for thelandfill gases to equilibrate inside theaugered probe before sampling.

4.3 Sample Train Assembly. Prepare thesample by evacuating and filling the sampletank with helium three times. After the thirdevacuation, charge the sample tank withhelium to a pressure of approximately 325mm Hg. Record the pressure, the ambienttemperature, and the barometric pressure.Assemble the sampling probe purging systemas shown in figure 1.


4.4 Sampling Procedure. Open thesampling valve and use the purge pump andthe flow control valve to evacuate at least twosample probe volumes from the system at aflow rate of 500 ml/min or less (30.5±3.1 m3/min). Close the sampling valve and replacethe purge pump with the sample tankapparatus as shown in figure 2. Open thesampling valve and the sample tank valves

and, using the flow control valve, sample ata flow rate of 500 ml/min or less (30.5±3.1m3/min) until the sample tank gauge pressureis zero. Disconnect the sampling tankapparatus and use the carrier gas bypassvalve to pressurize the sample cylinder toapproximately 1,060 mm Hg absolutepressure with helium and record the finalpressure. Alternatively, the sample tank may

be pressurized in the lab. If not analyzing forN2, the sample cylinder may be pressurizedwith zero air. Use Method 3C to determinethe percent N2 in the sample. Presence of N2

indicates infiltration of ambient air into thegas sample. The landfill sample is acceptableif the concentration of N2 is less than 20percent.


4.5 Analysis. The oxidation, reduction,and measurement of NMOC is similar toMethod 25. Before putting the NMOCanalyzer into routine operation, conduct aninitial performance test. Start the analyzer,and perform all the necessary functions toput the analyzer into proper working order.Conduct the performance test according tothe procedures established in section 5.1.Once the performance test has beensuccessfully completed and the NMOCcalibration response factor has beendetermined, proceed with sample analysis asfollows:

4.5.1 Daily Operations and CalibrationChecks. Before and immediately after theanalysis of each set of samples or on a dailybasis (whichever occurs first), conduct acalibration test according to the proceduresestablished in section 5.2. If the criteria of thedaily calibration test cannot be met, repeatthe NMOC analyzer performance test (section5.1) before proceeding.

4.5.2 Operating Conditions. Same as inMethod 25, section 4.4.2.

4.5.3 Analysis of Sample Tank. Purge thesample loop with sample, and then inject thesample. Under the specified operatingconditions, the CO2 in the sample will elutein approximately 100 seconds. As soon as thedetector response returns to baselinefollowing the CO2 peak, switch the carrier gasflow to backflush, and raise the column oventemperature to 195 °C as rapidly as possible.A rate of 30 °C/min has been shown to beadequate. Record the value obtained for anymeasured NMOC. Return the column oventemperature to 85 °C in preparation for thenext analysis. Analyze each sample intriplicate, and report the average as Ctm.

4.6 Audit Samples. Same as in Method25, section 4.5.

4.7 Deactivation of Sample Probe Holes.Once sampling has taken place, either plugthe sampling probes with a cap or remove theprobes and refill the hole with covermaterial.

5. Calibration and Operational ChecksMaintain 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 Method25, section 5.3.2.

6. CalculationsAll equations are written using absolute

pressure; absolute pressures are determinedby adding the measured barometric pressureto the measured gauge of manometerpressure.

6.1 Nomenclature.Bw=moisture content in the sample, fractionCN2=measured N2 concentration, fractionCt=calculated NMOC concentration, ppmv C

equivalentCtm=measured NMOC concentration, ppmv C

equivalentPb=barometric pressure, mm HgPti=gas sample tank pressure before sampling,

mm Hg absolutePt=gas sample tank pressure at completion of

sampling, but before pressurizing, mmHg absolute

Ptf=final gas sample tank pressure afterpressurizing, mm Hg absolute

Pw=vapor pressure of H2O (from table 25C–1), mm Hg

Tti=sample tank temperature before sampling,°K

Tt=sample tank temperature at completion ofsampling, but before pressuring, °K

Ttf=sample tank temperature afterpressurizing, °K

r=total number of analyzer injections ofsample tank during analysis (wherej=injection number, 1. . .r)

6.2 Water Correction. Use table 25C–1,the LFG temperature, and barometricpressure at the sampling site to calculate Bw.

BP

Pw

w

b

=

TABLE 25C–1.—MOISTURECORRECTION

Temperature, °CVapor Pres-sure of H2O,

mm Hg

4 .............................................. 6.16 .............................................. 7.08 .............................................. 8.01 .............................................. 9.212 ............................................ 10.514 ............................................ 12.016 ............................................ 13.618 ............................................ 15.520 ............................................ 17.522 ............................................ 19.824 ............................................ 22.426 ............................................ 25.228 ............................................ 28.330 ............................................ 31.8

6.3 NMOC Concentration. Use thefollowing equation to calculate theconcentration of NMOC for each sample tank.


C

P

TP

T

P

TB C r

Ct

tf

tf

t

t

ti

ti

w N

tmj

j

r

=− − −( ) =

∑1

1 2 1

( )

7. Bibliography

1. Salon, Albert E., Samuel Witz, andRobert D. MacPhee. Determination of SolventVapor Concentrations by Total CombustionAnalysis: A Comparison of Infrared withFlame Ionization Detectors. Paper No. 75–33.2. (Presented at the 68th Annual Meetingof the Air Pollution Control Association.Boston, Massachusetts. June 15–20, 1975.) p.14.

2. Salon, Albert E., William L. Oaks, andRobert D. MacPhee. Measuring the OrganicCarbon Content of Source Emissions for AirPollution Control. Paper No. 74–190.(Presented at the 67th Annual Meeting of theAir 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

FEDERAL MARITIME COMMISSION

46 CFR Part 501

The Federal Maritime Commission—General

AGENCY: Federal Maritime Commission.ACTION: Final rule.

SUMMARY: The Federal MaritimeCommission is revising its statement ofdelegations of authorities to includenew authority delegated to the Directorof the Bureau of Economics andAgreement Analysis to grant or denyapplications for waivers of certainregulations.EFFECTIVE DATE: March 12, 1996.FOR FURTHER INFORMATION CONTACT:Austin L. Schmitt, Director, Bureau ofEconomics and Agreement Analysis,Federal Maritime Commission, 800North Capitol Street, NW., Washington,DC 20573–0001, (202) 523–5787.SUPPLEMENTARY INFORMATION: In DocketNo. 94–31, Information Form and Post-Effective Reporting Requirements forAgreements Among Ocean CommonCarriers Subject to the Shipping Act of1984, the Federal Maritime Commission(‘‘Commission’’) has amended itsregulations set forth in 46 CFR Part 572governing the filing, processing andreview of agreements among oceancommon carriers subject to the ShippingAct of 1984. The amended regulationsprovide that, upon a showing of goodcause, the Commission may waive anypart of their requirements, and set forthprocedures and standards governingapplications for a waiver.

This rule amends the Commission’sstatement of delegations of authoritiesin 46 CFR Part 501 to include a newdelegation to the Director of theCommission’s Bureau of Economics andAgreement Analysis to grant or denyapplications for waivers of theagreement regulations. Review of theDirector’s grant or denial of a waiver isavailable under the procedures alreadyin effect pursuant to 46 CFR 501.21(f).

Notice and opportunity for publiccomment were not necessary prior toissuance of this rule and because itdeals solely with matters of agencyorganization and procedure. 5 U.S.C.553.

List of Subjects in 46 CFR Part 501

Administrative practice andprocedure; authority delegations;organization and functions; seals andinsignia.

Therefore, pursuant to 5 U.S.C. 551–557, 701–706, 2903 and 6304; 31 U.S.C.3721; 41 U.S.C. 414 and 418; 44 U.S.C.501–520 and 3501–3520; 46 U.S.C. app.801–848, 876, 1111 and 1701–1720;Reorganization Plan No. 7 of 1961, 26FR 7315, August 12, 1961; Pub. L. 89–56, 79 Stat. 195; and 5 CFR Part 2638,Part 501 of Title 46, Code of FederalRegulations, is amended to read asfollows:

PART 501—THE FEDERAL MARITIMECOMMISSION—GENERAL

1. The authority citation for Part 501continues to read as follows:

Authority: 5 U.S.C. 551–557, 701–706,2903 and 6304; 31 U.S.C. 3721; 41 U.S.C. 414and 418; 44 U.S.C. 501–520 and 3501–3520;46 U.S.C. app. 801–848, 876, 1111 and 1701–1720; Reorganization Plan No. 7 of 1961, 26FR 7315, August 12, 1961; Pub. L. 89–56, 79Stat. 195; 5 CFR Part 2638.

2. In section 501.26, paragraph (f) isamended by changing the reference to‘‘572.404’’ to ‘‘572.406,’’ and bychanging the references to ‘‘572.501 and572.502’’ to ‘‘572.404 and 572.405;’’paragraphs (g) through (m) areredesignated (i) through (o); newlyredesignated (i) (6) is removed; and newparagraphs (g) and (h) are added, asfollows:

§ 501.26 Delegation to the Director, Bureauof Economics and Agreement Analysis.

* * * * *(g) Authority to grant or deny

applications filed under § 572.505 ofthis chapter for waiver of theinformation form requirements of§§ 572.503 and 572.504 of this chapter.

By the Commission.(h) Authority to grant or deny

applications filed under § 572.709 of

this chapter for waiver of the reportingand record retention requirements of§§ 572.701, 572.702, 572.703, 572.704,572.705, 572.706, 572.707 and 572.708of this chapter.* * * * *

By the Commission.Ronald D. Murphy,Assistant Secretary.[FR Doc. 96–5807 Filed 3–11–96; 8:45 am]BILLING CODE 6730–01–M

FEDERAL COMMUNICATIONSCOMMISSION

47 CFR PART 25[CC Docket No. 92–166; FCC 96–54]

Mobile Satellite Service in the 1610–1626.5/2483.5–2500 MHz FrequencyBand

AGENCY: Federal CommunicationsCommission.ACTION: Final rule: petition forreconsideration.

SUMMARY: The Commission has adopted,upon reconsideration, changes to therules and policies establishing serviceand licensing rules for the MobileSatellite Service in the 1610–1626.5/2483.5–2500 MHz Frequency Band.Specifically, we conclude that the‘‘interim plan,’’ designed to avoidinterference between the Big LEOsystems and the Russian GlobalNavigation Satellite System(‘‘GLONASS’’), is unnecessary at thistime. We also clarify our viewsconcerning position determinationcapabilities in Big LEO earth terminals,and modifications to feeder linkproposals. In order to ensure that UnitedStates licensees do not engage inpractices that are contrary to the goal ofcompetitive markets world-wide, wealso adopt a rule concerning exclusivearrangements for provision of Big LEOservice. We also clarify our ‘‘two-tiered’’processing scheme for financialqualifications. In addition, we make anumber of minor editorial and clarifyingchanges to our technical rules.EFFECTIVE DATE: April 11, 1996.FOR FURTHER INFORMATION CONTACT: KarlKensinger, International Bureau,Satellite and RadiocommunicationDivision, Satellite Policy Branch, (202)418–0773.SUPPLEMENTARY INFORMATION: This is asummary of the Commission’sMemorandum Opinion and Order in CCDocket No. 92–166; FCC 96–54, adoptedFebruary 12, 1996 and releasedFebruary 15, 1996. The complete text ofthis Memorandum Opinion and Order is

APPENDIX A2

Amendments to Subparts Cc and WWW appeared as a direct final notice in the Federal Register on June 16, 1998 (63 FR 32743) and can also be found

on the internet at http://www.epa.gov/docs/fedrgstr/EPA-AIR/1998/June

32743Federal Register / Vol. 63, No. 115 / Tuesday, June 16, 1998 / Rules and Regulations

transiting the ICW once the last tall shipin the parade clears the Savannah Riverand Fields Cut junction.

(3) From 2 p.m. until 5 p.m. EDT onJuly 3, 1998, and from 8 a.m. until 11a.m. EDT on July 6, 1998, all watersbounded by the south bank of theSavannah River to the center of theSavannah River Channel, from theTalmadge Bridge to position 32–04.45,081–04.45W. During these times novessel shall be allowed to enter thesesafety zones unless authorized by theCaptain of the Port.

(4) From 9 p.m. to 11 p.m. EDT onJuly 4, 1998, a 300 foot radius arounda fireworks staging area in approximateposition 32–05N, 081–05W. During thistime no vessel shall be allowed to enterthis safety zone unless authorized by theCaptain of the Port.

(5) From 8 a.m. to 2 p.m. EDT on July6, 1998, the center 300 feet of theSavannah River channel from theTalmadge Bridge to the entrance ofBloody Point Range. Vessels that cannotsafely navigate outside of this safetyzone and desire to depart the port ofSavannah on July 6, 1998, would berequired to begin the outbound transitin sufficient time to clear the SavannahRiverfront area prior to 8 a.m. Vesselsthat cannot safely navigate outside ofthis safety zone and desire to enter theport of Savannah on July 6, 1998, wouldbe required to clear the SavannahRiverfront area prior to 8 a.m. If unableto clear the Savannah Riverfront area by8 a.m., these vessels would be requiredto start the inbound transit after 2 p.m.The Captain of the Port will allow vesseltraffic to resume outbound transitsutilizing the entire navigational channelwhen the last tall ship in the paradeclears longitude 080–51W. Vessels usingthe ICW will not be allowed to cross theSavannah River at the junction of theFields Cut once the parade approacheswithin one (1) nautical mile of this area.Vessels will be allowed to resumetransiting the ICW once the last tall shipin the parade clears the Savannah Riverand Fields Cut junction.

(6) From 10 a.m. to 2 p.m. EDT onJuly 6, 1998, an area bounded by 32–00.19N, 080–44.07W, 31–59.35N, 080–43.08W, 32–00.59N, 080–41.32W, and32–01.43N, 080–42.28W. During thistime no vessel shall be allowed to enterthis safety zone unless authorized by theCaptain of the Port.

Note: The regulations specified inparagraphs (a)(1) and (a)(6) apply only withinthe navigable waters of the United States. Inthe waters within the offshore staging areaand pre-race staging area that are outside thenavigable waters of the United States, thefollowing nonobligatory guidelines apply.

(i) All unaffiliated Americas’ Sailvessels should remain clear of thestaging area and pre-race staging areaand avoid interfering with anyAmericas’ Sail participant or CoastGuard vessel. Interference withanchoring or race activities mayconstitute a safety hazard warrantingcancellation or termination of all or partof the Americas’ Sail activities by theCaptain of the Port.

(ii) Any unauthorized entry into thesezones by unaffiliated vessels constitutesa risk to the safety of marine traffic.Such entry will constitute a factor to beconsidered in determining whether aperson has operated a vessel in anegligent manner in violation of 46U.S.C. 2302.

(b) Regulations. In accordance withthe general regulations in § 165.23 ofthis part, entry into these safety zonesis subject to the following requirements:

(1) These safety zones are closed to allnon-participating vessels, except as maybe permitted by the Captain of the Portor a representative of the Captain of thePort.

(2) The ‘‘representative of the Captainof the Port’’ is any Coast Guardcommissioned, warrant or petty officerwho has been designated by the Captainof the Port, Savannah, GA, to act on hisbehalf. The representative of the Captainof the Port will be aboard either a CoastGuard or Coast Guard Auxiliary vessel.

(3) Non-participating vessel operatorsdesiring to enter or operate within thesafety zone shall contact the Captain ofthe Port or his representative to obtainpermission to do so. Vessel operatorsgiven permission to enter or operate inthe safety zone shall comply with alldirections given them by the Captain ofthe Port or his representative.

(4) The Captain of the Port may becontacted by telephone via theCommand Duty Officer at (912) 652–4353. Vessels assisting in theenforcement of the safety zone may becontacted on VHF–FM channel 16.Vessel operators may determine therestrictions in effect for the safety zoneby coming alongside a Coast Guardvessel patrolling the perimeter of thesafety zone.

(5) The Captain of the Port Savannahwill issue a Marine Safety InformationBroadcast Notice to Mariners to notifythe maritime community of the safetyzones and restrictions imposed.

(c) Dates. This section becomeseffective at 9 a.m., Eastern DaylightTime (EDT) on July 2, 1998, andterminates at 2 p.m., EDT on July 6,1998.

Dated: June 3, 1998.R.E. Seebald,Commander, U.S. Coast Guard, Captain ofthe Port, Savannah, Georgia.[FR Doc. 98–15965 Filed 6–15–98; 8:45 am]BILLING CODE 4910–15–M


40 CFR Part 60

[AD–FRL–6106–8]

Standards of Performance for NewStationary Sources and Guidelines forControl of Existing Sources: MunicipalSolid Waste Landfills

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Direct final rule.

SUMMARY: This action amends, correctserrors, and clarifies regulatory text ofthe ‘‘Standards of Performance for NewStationary Sources and Guidelines forControl of Existing Sources: MunicipalSolid Waste Landfills,’’ which wasissued as a final rule and guideline onMarch 12, 1996.EFFECTIVE DATE: This rule will becomeeffective August 17, 1998 withoutfurther notice unless the Agencyreceives relevant adverse comment byJuly 16, 1998. Should the Agencyreceive such comments, it will publisha timely document withdrawing thisrule.ADDRESSES: Comments should besubmitted (in duplicate if possible) to:Air and Radiation Docket andInformation Center (MC–6102), Attn:Docket No. A–88–09/Category V–D, U.S.Environmental Protection Agency, 401M Street, SW., Washington, DC 20460.The EPA request that a separate copyalso be sent to the contact person listedbelow. Refer to SUPPLEMENTARYINFORMATION for information regardingelectronic submittal of comments.FOR FURTHER INFORMATION CONTACT: Forinformation concerning this notice andanalyses performed in developing thisrule, contact Ms. Michele Laur, Wasteand Chemical Processes Group,Emission Standards Division (MD–13),U.S. Environmental Protection Agency,Research Triangle Park, North Carolina27711, telephone number (919) 541–5256. For implementation issues,contact Mary Ann Warner, ProgramReview Group, Information Transfer andProgram Integration Division (MD–12),U.S. Environmental Protection Agency,Research Triangle Park, North Carolina27711, telephone number (919) 541–1192. For information on the Landfill

32744 Federal Register / Vol. 63, No. 115 / Tuesday, June 16, 1998 / Rules and Regulations

Model, contact Susan Thorneloethrough the internet at:[email protected]. Forinformation concerning applicabilityand rule determinations, contact theappropriate regional representative:

Region I

Greg Roscoe, Air Programs ComplianceBranch Chief, U.S. EPA/ASO, RegionI, JFK Federal Building, Boston, MA02203, (617) 565–3221

Region II

Christine DeRosa, U.S. EPA, Region II,290 Broadway, 25th Floor, New York,NY 10007–1866, (212) 637–4022

Region III

James Topsale, U.S. EPA/3AP22, RegionIII, 841 Chestnut Building,Philadelphia, PA 10107, (215) 566–2190

Region IV

R. Douglas Neeley, Chief, Air andRadiation Technology Branch, U.S.EPA, Region IV, 61 Forsyth St., SW.,Atlanta, GA 30303, (404) 562–9105

Region V

George T. Czerniak, Jr., Air EnforcementBranch Chief, U.S. EPA/5AE–26,Region V, 77 West Jackson Street,Chicago, IL 60604, (312) 353–2088

Region VI

John R. Hepola, Air Enforcement BranchChief, U.S. EPA, Region VI, 1445 RossAvenue, Suite 1200, Dallas, TX75202–2733, (214) 655–7220

Region VII

Ward Burns, U.S. EPA/RME, Region VII,726 Minnesota Avenue/ARTDAPCO,Kansas City, KS 66101–2728, (913)551–7960

Region VIII

Vicki Stamper, U.S. EPA, Region VIII,999 18th Street, Suite 500, Denver, CO80202–2466, (303) 312–6445

Region IX

Patricia Bowlin, U.S. EPA/RM HAN/17211, Region IX, 75 HawthorneStreet/AIR–4, San Francisco, CA,(415) 744–1188

Region X

Catherine Woo, U.S. EPA, Region X,Office of Air Quality Planning andStandards-107, 1200 Sixth Avenue,Seattle, WA 98101, (206) 553–1814

SUPPLEMENTARY INFORMATION: Acompanion proposal to this final rule isbeing published in the proposed rulessection of today’s Federal Register andis identical to this direct final rule. Any

comments on this direct final ruleshould address the companion proposal.The proposal provides information onaddresses for submittal of comments. Ifrelevant adverse comments are timelyreceived, such comments will beaddressed in a subsequent final rulebased on the proposed rule. A documentinforming the public that the direct finalrule did not take effect will bepublished. If no relevant adversecomments are timely filed on anyprovision of this direct final rule, thenthe entire direct final rule will becomeeffective 60 days from today’s FederalRegister document and no further actionwill be taken on the companionproposal published today.

Background

On March 12, 1996 (60 FR 9918), theU.S. Environmental Protection Agency(EPA) promulgated in the FederalRegister standards of performance fornew sources (NSPS) for municipal solidwaste landfills and emission guidelinesfor existing municipal solid wastelandfills. These regulations andguidelines were promulgated assubparts WWW and Cc of 40 CFR part60.

This document revises the wording ofthe applicability sections of subpartsWWW and Cc and related definitions toclarify the intent regarding whichlandfills are subject to subpart WWWversus subpart Cc. This notice alsocorrects typographical and crossreferencing errors. A few editorialmodifications are also being made toclarify the intent of certain provisionsand correct inconsistencies betweendifferent sections of subpart WWW.These changes do not significantlymodify the requirements of theregulation.

I. Description of Changes

A. Definitions

The NSPS applies to landfills thatcommence construction, modification,or reconstruction on or after May 30,1991. A definition of ‘‘modification’’ isbeing added. The definition is specificto landfills but is consistent with theintent of section 60.14 of the NSPSGeneral Provisions. Application of theNSPS General Provisions to landfills isproblematic due to the fact that alandfill is not a typical production ormanufacturing facility for which theGeneral Provisions originally werewritten. The following discussiondemonstrates the considerations madeto apply the NSPS General Provisions tolandfills. This limited definition ofmodification is uniquely appropriate forlandfills, and EPA does not believe at

this time that such a rationale could beextended outside the landfill context.

As stated in 40 CFR 60.14(a),modifications are physical oroperational changes to an existingfacility that result in an increase in theemissions of any pollutant to which astandard applies. However, with respectto landfills, the concept of a physical oroperational change leading to anincrease in emissions is of limitedapplication, since unlike moretraditional sources of air pollution,increased emissions at landfills arebased on the amount and character ofwaste placed in the landfill, rather thanthrough physical or operational changesto equipment or production methods.Equipment at a landfill is essentially thelandfill itself and while production canbe roughly equated to the amount ofwaste placed in the landfill, total‘‘production’’ for the entire life of thefacility is controlled through the amountof design capacity specified in thepermit. Although the amount andcharacter of waste present at any giventime may vary within the designcapacity constraints set forth in thepermit, emissions over the total life ofthe facility depend on the amount ofwaste a landfill can accept pursuant toits permitted design capacity.Accordingly, for landfills, it makessense to consider only those physical oroperational changes that increase thesize of the landfill beyond its permittedcapacity as modifications subjecting anexisting facility to the NSPS. Therefore,if the design capacity of a landfillincreases, a change leading to anincrease in emissions is assumed tohave occurred. For purposes of thisNSPS, a landfill is considered modifiedand subject to the NSPS if its designcapacity has been increased after May30, 1991.

Operational changes at landfills, suchas increasing the moisture content of thewaste, increasing the physicalcompaction on the surface, changing thecover material or thickness of dailycover, and changing bailing orcompaction practices, can typically beaccomplished without a capitalexpenditure. Consequently, the landfilldefinition of modification does notinclude such operational changes.Existing landfills that make anoperational change but do not increasethe horizontal or vertical dimensions ofthe landfill continue to be subject to theemission guidelines rather than theNSPS. Therefore, for landfills, the onlychange which would constitute amodification is an increase in designcapacity caused by an increase in thepermitted horizontal or verticaldimensions of the landfill.


Reconstructions are unlikely forlandfills. As specified in the NSPSGeneral Provisions, reconstructions are‘‘the replacement of components of anexisting facility [landfill] to such anextent that: the fixed capital cost of thenew components exceeds 50 percent ofthe fixed capital cost of a comparableentirely new facility [landfill] * * *.’’The Agency knows of no situationwhere this would occur at a landfill.

The definition of ‘‘design capacity’’ isbeing amended to clarify that the designcapacity is determined by the mostrecent permit issued by the State, local,or Tribal agency responsible forregulating the landfill plus any in-placewaste not accounted for in that permit.This clarification addresses cases wherea landfill may have multiple permits. Itmakes sense to use the most recentpermitted design capacity to determinewhether a landfill exceeds the designcapacity exemption level. The words‘‘construction or operating’’ permit havealso been deleted and substituted withthe word ‘‘permit.’’ The use of the term‘‘operating permit’’ could bemisinterpreted to mean a title V permit.The permit intended was the State,local, or Tribal agency permit thatestablishes the design capacity.

The definition of design capacity isalso being clarified to state that a permitmay express design capacity on avolumetric or a mass basis. The reviseddefinition also states that the owner oroperator may choose to convert thedesign capacity from volume to mass orfrom mass to volume, using a site-specific density, in order to demonstratethat the design capacity is less than 2.5million Mg or 2.5 million m3. If thedensity changes, the design capacitychanges. Therefore, an owner oroperator who converts from volume tomass or mass to volume must annuallycalculate the site-specific density. Theserevisions to the definition areclarifications that do not change theintent of the NSPS and emissionguidelines as promulgated on March 12,1996.

Under the NSPS and emissionguidelines, design capacity is used todetermine whether or not a landfill isbelow the design capacity cutoff. If thedesign capacity in the permit is beloweither 2.5 million megagrams (Mg) or 2.5million cubic meters (m3), the landfill isexempt (except for design capacityreporting requirements). A landfill witha volumetric permit may choose tocalculate design capacity on a massbasis (or vice versa) based on a site-specific density. The initial designcapacity report must provide supportingdocumentation of this calculation. Ifsuch a conversion is made, records must

also be kept of the annual recalculationof the site-specific density and designcapacity with supportingdocumentation.

For example, a landfill may have apermitted design capacity greater than2.5 million m3 by volume; but thelandfill may have documentedcalculations showing that, based on theactual waste density, the designcapacity is less than 2.5 million Mg bymass. Because the design capacity isless than 2.5 million Mg, the landfill isbelow the design capacity cutoff. If sucha landfill changes its compactionpractices such that the density of thewaste placed in the landfill increases,the calculated design capacity couldbecome greater than 2.5 million Mg, andthe landfill would then need to submitan amended design capacity report. Ifthe revised design capacity is over 2.5million m3 and 2.5 million Mg, thelandfill must estimate emissions andmust install controls if emissions aregreater than or equal to 50 Mg/yr.

If an existing landfill makes anoperational change (such as a change incompaction practices), this is not a‘‘modification’’ (see the previousdiscussion on the definition of‘‘modification’’). Such a landfill willcontinue to be subject to the emissionguidelines rather than becoming subjectto the NSPS. The emission guidelinesrequire the landfill to report anyincrease in design capacity that resultsin a capacity equal to or greater than 2.5million Mg and 2.5 million m3. Thecontrol requirements of the emissionguidelines will apply if the designcapacity increases to over 2.5 millionMg and 2.5 million m3 due to anoperational change and not due tomodification as defined by this rule.

The definition of ‘‘closed landfill’’and wording in section 60.752(b) arebeing revised to delete references tosection 258.60. This reference is notappropriate for all landfills becausesome landfills closed prior to theOctober 1993 effective date of part 258and are not subject to part 258. Section60.752(b)(2)(v)(A) is being revised forclarification to refer to the definition of‘‘closed landfill’’ in section 60.751instead of the requirements of section258.60.

The definition of ‘‘interior well’’ isbeing revised to clarify that an interiorwell is located inside the perimeter ofthe landfilled waste.

The definition of ‘‘radii of influence’’is being added parenthetically in section60.759(a)(3)(ii) for clarification. Thisdefinition makes it clear that the radiiof influence is the distance from thewell center to a point in the landfillwhere the pressure gradient applied by

the blower or compressor approacheszero.

B. Designation of Affected FacilitySection 60.750(a) of subpart WWW is

being revised slightly to clarify whichlandfills are subject to the NSPS. Thepromulgated rule stated that ‘‘theprovisions of this subpart apply to eachmunicipal solid waste landfill thatcommenced construction,reconstruction, or modification or beganaccepting waste on or after May 30,1991. The words ‘‘or began acceptingwaste’’ have been deleted. This changemakes the applicability consistent withboth the definition of ‘‘new source’’ insection 111 of the Clean Air Act (CAA)and the applicability of the emissionguidelines in section 60.32c of subpartCc. As stated in section 60.32c(a), theemission guidelines apply to landfillsthat commenced construction,modification, or reconstruction beforeMay 30, 1991. A landfill thatcommenced construction before May 30,1991, but began accepting waste afterMay 1991 should be subject to theemission guidelines rather than theNSPS. The change being madeaccomplishes this objective and isconsistent with the CAA. Thedefinitions of ‘‘commenced’’ and‘‘construction’’ are contained in section60.2 of the NSPS General Provisions(subpart A). A definition for‘‘modification’’ is being added tosubpart WWW, and ‘‘reconstruction’’ isdescribed in section 60.15 of the NSPSGeneral Provisions.

Section 60.750(b) of subpart WWW isbeing revised to clarify that authority fortest methods are retained by theAdministrator and shall not betransferred to the State. This isconsistent with EPA’s historicalposition on test methods.

Under applicability, we are alsoclarifying that activities conducted aspart of CERCLA remedial actions orRCRA corrective actions are notconsidered construction, modification,or reconstruction and would not makea landfill subject to the NSPS. This isconsistent with the provisions thatchanges made to an existing landfillsolely to comply with the emissionguidelines do not make the landfillsubject to the NSPS. It is also consistentwith the exemption of facilities subjectto a CERCLA remedial action frompermitting requirements. This provisionis being added to section 60.750 ofsubpart WWW as paragraph (c).

Regarding applicability and thedesign capacity exemption, the wording‘‘or’’ in several places in section 60.752has been changed to ‘‘and’’ to clarifythat if a landfill design capacity is less


than either 2.5 million Mg or 2.5 millionm3, the landfill is exempt from allprovisions except the design capacityreport; whereas if the capacity is equalto or greater than 2.5 million Mg and 2.5million m3, the additional requirementsof the rule apply. As previouslydiscussed under the definition of designcapacity, a landfill may calculate designcapacity on either a mass or volumebasis to determine if it qualifies for thedesign capacity exemption.

C. Compliance DatesThe compliance time in section

60.752(b)(2)(ii) is being revised to makeit clear that landfills have 30 months toinstall a collection and control systemonce the landfill becomes affected (i.e.,the annual report shows NMOCemissions equal to or greater than 50Mg/yr). Section 60.752(b)(2)(ii) statedthat a landfill has 18 months to installa collection and control system aftersubmitting a design plan to theAdministrator. Section 60.752(b)(2)(i)requires landfills to submit a designplan within 1 year of the annual reportshowing NMOC emissions equal to orgreater than 50 Mg/yr. Therefore, theprevious language in the rule wouldrequire landfills that submitted a designplan earlier than 1 year after becomingaffected to install a collection andcontrol system sooner than landfills thatwaited the full 1 year to submit thedesign plan. The intent was to allowlandfills 30 months after the first reportshowing NMOC emissions equal to orgreater than 50 Mg/yr to install controls.

Similarly, in the emission guidelines,section 60.36c(a) is revised to specifythat installation of collection andcontrol systems shall be accomplishedwithin 30 months of the initial reportshowing NMOC emissions equal orexceed 50 Mg/yr rather than within 30months of the effective date of the Staterule. This is consistent with the timingin the NSPS, which allows 90 days tosubmit an initial report, and 30 monthsto install controls if the report showsthat emissions equal or exceed 50 Mg/yr.

Section 60.755(b) is being revised toclarify that an affected landfill mustinstall each well no later than 60 daysafter the date on which the initial solidwaste has been in place (1) for five yearsor more if the area is active or (2) twoyears or more if the area is closed or atfinal grade. The only change is tospecify ‘‘no later than 60 days after’’instead of ‘‘within 60 days.’’

D. Clarification of Title V PermittingRequirements

The paragraphs on part 70 permittingrequirements are being revised to refer

to both part 70 and 71. In States withapproved part 70 operating permitprograms, sources will apply for part 70permits; in States without approved part70 permit programs, EPA willimplement the federal operating permitsprogram under part 71.

Section 502(a) of the Act requires titleV operating permits for a number ofsources, including, but not limited to,major sources and sources (includingnonmajor sources) which are subject tostandards or regulations under section111 or 112. Section 502(a) also statesthat the Administrator may exemptsource categories (in whole or in part)from permitting requirements if theAdministrator determines thatcompliance with such requirements isimpracticable, infeasible, orunnecessarily burdensome on suchcategories, but not major sources.

At promulgation of this NSPS and EG(61 FR 9905, March 12, 1996), landfillswith a design capacity less than 2.5million Mg in mass or 2.5 million m3 involume were exempted from part 70operating permit requirements based onthe above provisions. Although theselandfills are required to submit a designcapacity report under this NSPS and EG,no control is required for landfills ofthis size. As a result, EPA believes thatit would be unnecessarily burdensomefor landfills, which are not majorsources and which have designcapacities less than 2.5 million Mg or2.5 million m3, to apply for a title Vpermit when the NSPS or EG does notestablish any emission limits or controlrequirements for such landfills.

If a MSW landfill is subject to title Vpermitting (40 CFR part 70 or part 71)as a result of this NSPS or EG standard(i.e., a source which meets or exceedsthe design capacity of 2.5 million Mgand 2.5 million m3) it is not subject tothe requirement to apply for a title Vpermit until 90 days after the earlier ofthe following dates: (1) the effective dateof this NSPS (March 12, 1996); (2) theeffective date of EPA’s approval of astate’s 111(d) plan; or (3) the date ofcommenced construction, modification,or reconstruction for landfills thatcommence construction, modification,or reconstruction on or after March 12,1996, even if the design capacity reportis submitted prior to the relevantdeadline. Sentences have been added tosection 60.752 and section 60.32c(c) toclarify the date the landfill becomessubject to title V. These dates fortriggering title V applicability areconsistent with the dates that NSPSsources are required to file designcapacity reports. To maintainconsistency between NSPS sources andEG sources, EG sources will not become

subject to the requirement to apply fora title V permit until 90 days after theeffective date of EPA’s approval of astate’s 111(d) plan.

The permit provisions originallyincluded as sentences withinparagraphs (a) and (b) of section 60.752have been moved to separate paragraphs(c) and (d) so that the detailed permitprovisions are in one location. Thewording has also been revised to clarifythat landfills smaller than 2.5 millionMg or 2.5 million m3 do not require apart 70 or 71 operating permit unlessthey are subject to part 70 or 71 for someother reason. A landfill of this sizecould be a major source, and, if so,would need to apply for a permit. Thissituation was discussed in the preambleto the promulgated rule (61 FR 9912,March 12, 1996). Also, a landfill of thissize could be subject to title V for someother reason, e.g., subject to anotherNSPS or NESHAP.

Sources subject to the title Vpermitting program under parts 70 or 71are required to file applications within12 months after becoming subject to theprogram. Landfills which are subject tothe title V permitting program as a resultof being subject to this NSPS or EG arerequired to file title V applicationswithin 12 months following thedeadline to submit a design capacityreport (which indicates that the landfillin question is equal to, or greater than,2.5 million Mg and 2.5 million m3). Inthat the designation of size in the reporttriggers title V applicability, EPAbelieves that it is appropriate that thedeadline for filing this report initiatesthe 12 month time frame for submittinga title V application. As provided insection 503(c) of the Act, permittingauthorities may establish earlierdeadlines, prior to the 12 monthdeadline, for submitting title Vapplications. If more than onerequirement causes a source to besubject to title V permitting, the timeframe for filing a title V application willbe triggered by the requirement whichfirst caused the source to be subject totitle V.

Section 60.752(d) (formerly the lastsentence in section 60.752(b)) is beingrevised. This paragraph stated that aftera landfill is closed and either neverrequired a control system or has met thecriteria for control system removal, atitle V permit is no longer needed. Thephrase ‘‘if the landfill is not otherwisesubject to the requirements of either part70 or 71’’ has been added. As previouslydiscussed, if a landfill is a major sourceor is subject to title V for some otherreason (e.g., subject to another NSPS orNESHAP), it will still require a permit.Other format changes to this paragraph


are to improve clarity and do not changethe intent.

Subpart Cc is being amended byadding paragraphs (c) and (d) to section60.32c. These paragraphs, which coverwhen existing MSW landfills requirepart 70 or 71 operating permits, wereexcluded from the promulgatedemission guidelines through anoversight. Part 70 permit provisionswere included in the NSPS, but theEmission Guidelines inadvertently didnot reference this section of the NSPS.The inclusion of these paragraphsmakes subpart Cc consistent withsubpart WWW with respect to part 70 or71 operating permits. Specifically,paragraph (c) clarifies that an existinglandfill smaller than 2.5 million Mg or2.5 million m3 does not require a part70 or 71 operating permit unless it issubject to part 70 or 71 for some otherreason. Paragraph (c) also clarifies thatan existing landfill equal to or greaterthan 2.5 million Mg and 2.5 million m3

is subject to part 70 or 71 permittingrequirements whether it is a majorsource or not. In addition, paragraph (d)clarifies that closed landfills that areonly required to have title V permitsdue to 40 CFR part 60, subparts WWWor Cc and are not required to have acontrol system or meet the conditionsfor control system removal are notrequired to have part 70 or 71 operatingpermits, if they are not otherwisesubject to title V permittingrequirements. As with 40 CFR part 60,subpart WWW, under 40 CFR part 60,subpart Cc, the deadline for submittinga design capacity report initiates thetime frame for submitting a title Vapplication. Permitting authorities may,however, establish earlier dates bywhich applications are required fromthese title V sources.

E. EquationsSection 60.754(a)(1) is being revised

to clarify that both the equation insection 60.754(a)(1)(i) and the equationin section 60.754(a)(1)(ii) may be usedwhen the actual year-to-year solid wasteacceptance rate is known for only partof the life of the landfill. This is thetechnically correct way to calculateemissions and was the intent of the rule.

Section 60.754(a)(1) is being amendedby the addition of the methanegeneration rate constant (k) forgeographical areas with lowprecipitation. A k value of 0.02 per yearis provided for the tier 1 calculation forlandfills located in geographical areaswith a thirty year annual averageprecipitation of less than 25 inches, asmeasured at the nearest representativeofficial meteorologic site. Landfillslocated in geographical areas with low

precipitation experience slowerdecomposition of their waste thanlandfills located in geographical areaswith moderate to high rainfall.Consequently, the gas production rate atlandfills located in drier areas isreduced. Rather than burden theselandfills with pursuing tier 3 Method 2Etesting and analysis for a site-specific kvalue, it is reasonable to allow analternative default k value. In reviewingthe information used to estimate theimpacts of the final rule (Docket A–88–09, Item IV–M–4), a k value of 0.02 peryear for landfills that meet thisdescription is a reasonably conservativevalue consistent with the intent of thetier 1 analysis.

Sections 60.754(a)(1)(i) and (ii) arealso being revised to clarify that onlydocumentation of the nature andamount of nondegradable waste needsto be maintained when subtracting themass of nondegradable waste from thetotal mass of waste when calculating theNMOC emission rate. The previouslanguage specified that thedocumentation provisions of section60.758(d)(2) were to be followed;however, these provisions are related tosegregated areas within the landfillexcluded from collection pursuant tosection 60.759(a)(3)(i) or (ii) becauseasbestos or other nondegradable wasteswere disposed in those areas or becausethe area is nonproductive. For thepurposes of estimating emissions, onlydocumentation of the nature andamount of nondegradable waste needsto be maintained to justify thesubtraction of the mass ofnondegradable waste.

F. Test Methods and ProceduresSection 60.754(a)(4)(ii) is revised to

clarify that the site-specific methanegeneration rate constant is calculatedonly once and that this value is to beused in all subsequent annual NMOCemission rate calculations.

Section 60.752(b)(2)(iii)(B) is beingrevised to clarify that the initialperformance test required under section60.8 must be completed no later than180 days after the initial startup of theapproved control system. Thepromulgated regulation already requiredunder section 60.757(f) that the initialperformance test report must besubmitted within 180 days of start-up ofthe collection system. This is beingreiterated in section 60.752(b)(2)(iii)(B)for clarification.

Section 60.759(a)(3)(ii), whichrequired the use of the values of k andCNMOC determined by field testing, ifperformed to determine the NMOC

emission rate or radii of influence, isbeing revised to also refer to alternative

means for determining k or CNMOC

allowed by section 60.754(a)(5). Thereference to using Lo values from testingis deleted because it was incorrect. Thetier procedures do not include testingfor Lo. As previously mentioned, thedefinition of radii of influence is beingadded parenthetically for clarity.

G. Prevention of SignificantDeterioration Determination

Section 60.754(c) is being revised toclarify that the intent of this provisionwas to establish the method by whichprevention of significant deteriorationdeterminations should be made, not torequire a PSD determination. Theoriginal wording could have beenmisinterpreted to require PSD-relatedactions. PSD is a separate permitprogram that applies to new andmodified sources. The PSD regulations,not this NSPS, establish whether a PSDdetermination is needed. New sourcesmay be subject to PSD review.

In a July 1, 1994 guidancememorandum issued by the EPA(available on the Technology TransferNetwork; see ‘‘Pollution Control Projects(PCP) and New Source Review (NSR)Applicability’’ from John S. Seitz,Director, OAQPS to EPA Regional AirDivision Directors), the EPA providedguidance for permitting authorities onthe approvability of PCP exclusions forsource categories other than electricutilities. In the guidance, the EPAindicated that add-on controls and fuelswitches to less polluting fuels meet thedefinition of a PCP and, providedcertain safeguards are met, may qualifyfor an exclusion from major NSR. To beeligible to be excluded from otherwiseapplicable major NSR requirements, aPCP must, on balance, be‘‘environmentally beneficial,’’ and thepermitting authority must ensure thatthe project will not cause or contributeto a violation of a national ambient airquality standard (NAAQS) or PSDincrement, or adversely affect visibilityor other air quality related value(AQRV).

A potential exclusion available underPSD is discussed here for informationalpurposes. In the July 1, 1994 guidancememorandum, the EPA specificallyidentified the installation of controlspursuant to the NSPS and EG rules asan example of add-on controls thatcould be considered a PCP and anappropriate candidate for a case-by-caseexclusion from major NSR. The EPAconsiders installation of controlspursuant to the NSPS and EG rules forthe control of landfill gases a PCPbecause the controls are installed tocomply with the NSPS and will reduceemissions of NMOC. The EPA also


considers the reduction of thesepollutants to represent anenvironmental benefit. However, EPArecognizes that the incidental formationof nitrogen oxides and carbon monoxidedue to the destruction of landfill gaswill occur. Consistent with the 1994guidance, the permitting authorityshould confirm that in each case thatthe resultant increase in nitrogen oxidesand carbon monoxide would not causeor contribute to a violation of theNAAQS and PSD increment oradversely affect an AQRV.

Finally, the 1994 guidance did notvoid or create an exclusion from anyapplicable minor source preconstructionreview requirements in an approvedState Implementation Plan (SIP). Anyminor NSR permitting requirements in aSIP would continue to apply, regardlessof any exclusion from major NSR thatmight be approved for a source underthe PCP exclusion policy.

H. Monitoring

Section 60.756(a) is being revised toclarify that a temperature measuringdevice does not need to be permanentlyinstalled at each wellhead. It is commonfor wellheads to have an access port fortemperature measurements so that atemperature measuring device can beshared across wellheads for the monthlytemperature monitoring requirement. Aslong as the temperature is monitoredmonthly, the intent of the regulation ismet.

Section 60.756(b)(2) is also beingrevised to clarify that the device formonitoring gas flow need only recordthe flow or bypass, not necessarilymeasure the rate at which gas is flowingto the control device.

I. Compliance Provisions

Section 60.755(a)(3) is being revisedto allow an alternative timeline to beproposed for correcting an exceedancein collection header pressure at eachwell. Consistent with section60.755(c)(4)(v), a sentence is beingadded to sections 60.755(a)(3) and60.755(a)(5) to allow an alternatetimeline to be proposed to theAdministrator for correcting anexceedance. This revision makes the

sections consistent. Depending on theremedy selected to correct the problem,a different timeline may be needed, butany timeline extending more than 120days must be approved by the regulatoryagency.

Section 60.755(c)(1) is being revisedslightly to indicate that surfacemonitoring of methane shall beperformed along the entire perimeter ofthe collection area and along a patternthat traverses the landfill at 30-meterintervals. This change makes thewording consistent with other sectionsof the rule (e.g., section 60.753(d)).

J. Recordkeeping and Reporting

Sections 60.757(a)(1) and (b)(1)(i) arebeing revised to clarify that subjectlandfills that commenced construction,modification, or reconstruction afterMay 30, 1991 (date of proposal) butbefore the date of promulgation haduntil June 10, 1996 (90 days from thepromulgation date) to submit an initialdesign capacity report and an initialNMOC emission rate report to theAdministrator. The previous languagewas not clear as to when landfills thatcommenced construction, modification,or reconstruction between proposal andpromulgation would be required tosubmit an initial design capacity reportor NMOC emission rate report.However, it is obvious that the reportscould not be required prior topromulgation of the regulation.Therefore, instead of submitting thereports 90 days after commencingconstruction, landfills that wereconstructed before promulgation have90 days after the promulgation date tosubmit the reports.

Also paragraphs (a)(1)(i) and (ii) in thepromulgated rule were somewhatrepetitive and contradictory. Paragraph(a)(1)(iii) reflected an unrealisticscenario in that this date would alwaysoccur later than the date in paragraphs(a)(1)(i) and (ii). For this reason, theprevious paragraph (a)(1)(iii) wasunnecessary and confusing. Therefore,that paragraph has been deleted, andparagraphs (a)(1)(i) and (ii) have beenrevised to state that the report is due onJune 10, 1996 or within 90 days after thedate of commencement of construction,

modification, or reconstruction,depending on when the construction,modification, or reconstructioncommenced.

The wording of section 60.757(a)(2)(ii)is being revised to require calculation ofdesign capacity submitted as part of thedesign capacity report to include‘‘relevant parameters’’ rather than thespecific list of parameters in thepromulgated rule. Some of thepreviously listed parameters (e.g.,compaction practices) would not applyto landfills that calculate designcapacity on a volumetric rather thanmass basis. Other parameters that werenot listed will be needed to perform thecalculation in some cases.

The wording of section 60.757(a)(3),which requires amended designcapacity reports, is being revised forclarity and consistency with thedefinitions of modification and designcapacity discussed under I.A. It alsoclarifies that a report is required only ifcapacity increases above 2.5 million Mgand 2.5 million m3. This was theoriginal intent, but the original wordingwas confusing.

Several paragraphs in section 60.758are being revised to clarify that therecordkeeping requirements inparagraphs (b), (c), (d), and (e) do notapply if an alternative to the operationalstandards, test methods, procedures,compliance measures, monitoring, orreporting provisions has been submittedwith the design plan and approved bythe Administrator.

II. Cross-Referencing andTypographical Errors

Errors in cross-referencing one sectionto another within subpart WWW arebeing corrected. Typographical errorsare also being corrected.

III. Corrections to PromulgationPreamble

Tables 3 and 5 in the promulgationpreamble contained typographicalerrors. The units for the small size cutoff(column 1) are stated to be in millionsof megagrams (millions Mg); however,the values presented are actually inmegagrams. These tables are correctedand provided below for clarification.

TABLE 3.—ALTERNATIVE DESIGN CAPACITY EXEMPTION LEVEL OPTIONS FOR THE EMISSION GUIDELINES a b

Small size cutoff(mg)

Numberlandfills af-

fected

Annual c

NMOCemissionreduction(Mg/yr)

Annual d

methaneemissionreduction(Mg/yr)


NMOC av-erage cost

eff.($/Mg)

NMOC in-crementalcost eff.($/Mg)

Baseline e ................................................................. .................... .................... .................... .............................. .................... ....................3,000,000 ................................................................ 273 73,356 3,220,000 84 1,145 1,1452,500,000 ................................................................ 312 77,600 3,370,000 89 1,147 1,1781,000,000 ................................................................ 572 97,600 3,990,000 119 1,219 1,500


TABLE 3.—ALTERNATIVE DESIGN CAPACITY EXEMPTION LEVEL OPTIONS FOR THE EMISSION GUIDELINES a b—Continued


Numberlandfills af-

fected

Annual c


Annual d



NMOC av-erage cost

eff.($/Mg)

NMOC in-crementalcost eff.($/Mg)

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 5.—ALTERNATIVE DESIGN CAPACITY EXEMPTION LEVEL OPTIONS FOR THE NEW SOURCE PERFORMANCESTANDARDS a b


Numberlandfills af-

fected

Annual c


Annual d


Annual e cost(million $/yr)

MNOC av-erage cost

eff.($/Mg)

MNOC f in-crementalcost eff.($/Mg)

Baseline g ................................................................ .................... .................... .................... .............................. .................... ....................3,000,000 ................................................................ 41 4,900 193,000 4 816 NA2,500,000 ................................................................ 43 4,900 193,000 4 816 NA1,000,000 ................................................................ 89 4,900 193,000 4 816 NANo cutoff h ................................................................ 872 13,115 881,000 81 6,176 NA

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.

IV. Judicial Review

Under section 307(b)(1) of the CAA,judicial review of the actions taken bythis final rule is available only on thefiling of a petition for review in the U.S.Court of Appeals for the District ofColumbia Circuit within 60 days oftoday’s publication of this action. Undersection 307(b)(2) of the CAA, therequirements that are subject to today’sdocument may not be challenged laterin civil or criminal proceedings broughtby EPA to enforce these requirements.

V. Administrative

A. Paperwork Reduction Act

The information collectionrequirements of the previouslypromulgated NSPS were submitted toand approved by the Office ofManagement and Budget (OMB). A copyof this Information Collection Request(ICR) document (OMB control number1557.03) may be obtained from SandyFarmer, OPPE Regulatory InformationDivision; U.S. Environmental ProtectionAgency (2137); 401 M Street, SW;Washington, DC 20460 or by calling(202) 260–2740.

Today’s changes to the NSPS shouldhave no impact on the informationcollection burden estimates madepreviously. The changes consist of newdefinitions and clarifications ofrequirements; not additionalrequirements. Consequently, the ICR hasnot been revised.

B. Executive Order 12866 Review

Under Executive Order 12866 (58 FR51735, October 4, 1993), the Agencymust determine whether a regulatoryaction is ‘‘significant’’ and thereforesubject to Office of Management andBudget (OMB) review and therequirements of this Executive Order.The Order defines ‘‘significantregulatory action’’ as one that is likelyto result in a rule that may:

(1) Have an annual effect on theeconomy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or tribal governments orcommunities;

(2) Create a serious inconsistency orotherwise interfere with an action takenor planned by another agency;

(3) Materially alter the budgetaryimpact of entitlements, grants, user fees,or loan programs, or the rights andobligation of recipients thereof; or

(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesset forth in the Executive Order.

Pursuant to the terms of ExecutiveOrder 12866, it has been determinedthat this action is not ‘‘significant’’because none of the listed criteria applyto this action. Consequently, this actionwas not submitted to OMB for reviewunder Executive Order 12866.

C. Regulatory Flexibility

EPA has determined that it is notnecessary to prepare a regulatoryflexibility analysis in connection withthis direct final rule. EPA has alsodetermined that this direct final ruleamendment will not have a significanteconomic impact on a substantialnumber of small entities. Today’s actionclarifies the applicability of controlrequirements in the Standards ofPerformance for New Stationary Sourcesand Guidelines for Control of ExistingSources: Municipal Solid WasteLandfills and does not include any


provisions that create a burden for anyof the regulated entities.

The changes in today’s action do notincrease the stringency of the rule oradd additional control requirements.Nor is the scope of the rule changed soas to bring any entities not previouslysubject to the rule within its scope orcoverage. Today’s action does not altercontrol, monitoring, recordkeeping, orreporting requirements of thepromulgated rule.

D. Submission to CongressThe Congressional Review Act, 5

U.S.C. 801 et seq., as added by the SmallBusiness Regulatory EnforcementFairness Act of 1996, generally providesthat before a rule may take effect, theagency promulgating the rule mustsubmit a rule report, which includes acopy of the rule, to each House of theCongress and to the Comptroller Generalof the United States. EPA will submit areport containing this rule and otherrequired information to the U.S. Senate,the U.S. House of Representatives, andthe Comptroller General of the UnitedStates prior to publication of the rule inthe Federal Register. This rule is not a‘‘major rule’’ as defined by 5 U.S.C.804(2).

E. Executive Order 12875 and UnfundedMandates Reform Act

Under the executive order EPA mustconsult with representatives of affectedState, local, and Tribal governments.Under the unfunded mandates reformact, EPA must prepare a statement toaccompany any rule where theestimated costs to State, local, or Tribalgovernments, or to the private sector,will be $100 million or more per year.The EPA held consultations andprepared such a statement at the time ofpromulgation of subpart Cc and WWW(61 FR 9913, March 12, 1996). Today’schanges consist of new definitions andclarifications and do not impose costson government entities or the privatesector. Consequently, a new unfundedmandates statement has not beenprepared.

F. Children’s Health ProtectionThis direct final rule is not subject to

E.O. 13045, entitled ‘‘Protection ofChildren from Environmental HealthRisks and Safety Risks’’ (62 FR 19885,April 23, 1997), because it does notinvolve decisions on environmentalhealth risks or safety that maydisproportionately affect children.

List of Subjects in 40 CFR Part 60Environmental protection, Municipal

solid waste landfills, Air pollutioncontrol.

Dated: May 28, 1998.Carol M. Browner,Administrator.

For the reasons set out in thepreamble, title 40, chapter 1, part 60 ofthe Code of Federal Regulations isamended as follows:

PART 60—STANDARDS OFPERFORMANCE FOR NEWSTATIONARY SOURCES

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

Authority: 42 U.S.C. 7401, 7411, 7414,7416, 7429, and 7601.

Subpart Cc—[Amended]

2. Amend § 60.32c by addingparagraphs (c) and (d) to read as follows:

§ 60.32c Designated facilities.* * * * *

(c) For purposes of obtaining anoperating permit under title V of theAct, the owner or operator of a MSWlandfill subject to this subpart with adesign capacity less than 2.5 millionmegagrams or 2.5 million cubic metersis not subject to the requirement toobtain an operating permit for thelandfill under part 70 or 71 of thischapter, unless the landfill is otherwisesubject to either part 70 or 71. Forpurposes of submitting a timelyapplication for an operating permitunder part 70 or 71, the owner oroperator of a MSW landfill subject tothis subpart with a design capacitygreater than or equal to 2.5 millionmegagrams and 2.5 million cubic meterson the effective date of EPA approval ofthe State’s program under section 111(d)of the Act, and not otherwise subject toeither part 70 or 71, becomes subject tothe requirements of §§ 70.5(a)(1)(i) or71.5(a)(1)(i) of this chapter 90 days afterthe effective date of such 111(d)program approval, even if the designcapacity report is submitted earlier.

(d) When a MSW landfill subject tothis subpart is closed, the owner oroperator is no longer subject to therequirement to maintain an operatingpermit under part 70 or 71 of thischapter for the landfill if the landfill isnot otherwise subject to therequirements of either part 70 or 71 andif either of the following conditions aremet.

(1) The landfill was never subject tothe requirement for a control systemunder § 60.33c(c) of this subpart; or

(2) The owner or operator meets theconditions for control system removalspecified in § 60.752(b)(2)(v) of subpartWWW.

3. Amend § 60.33c by removing inparagraph (a)(2) the phrase ‘‘2.5 million

megagrams or 2.5 million cubic meters’’and adding, in its place ‘‘2.5 millionmegagrams and 2.5 million cubicmeters.’’

4. Amend § 60.36c by revisingparagraph (a) to read as follows:

§ 60.36c Compliance times.(a) Except as provided for under

paragraph (b) of this section, planning,awarding of contracts, and installationof MSW landfill air emission collectionand control equipment capable ofmeeting the emission guidelinesestablished under § 60.33c shall beaccomplished within 30 months afterthe date the initial NMOC emission ratereport shows NMOC emissions equal orexceed 50 megagrams per year.* * * * *

Subpart WWW

5. Amend § 60.750 as follows:a. In paragraph (a), remove the words

‘‘or began accepting waste’’.b. In paragraph (b), remove the word

‘‘None’’ and add, in its place‘‘§ 60.754(a)(5)’’.

c. Add paragraph (c) to read asfollows:

§ 60.750 Applicability, designation ofaffected facility, and delegation of authority.

* * * * *(c) Activities required by or

conducted pursuant to a CERCLA,RCRA, or State remedial action are notconsidered construction, reconstruction,or modification for purposes of thissubpart.

6. Amend § 60.751 as follows:a. Remove the last sentence in the

definition of ‘‘closed landfill.’’b. Revise the definitions of

‘‘controlled landfill,’’ ‘‘design capacity,’’and ‘‘interior well’’ and add a definitionof ‘‘modification’’ to read as follows:

§ 60.751 Definitions.

* * * * *Controlled landfill means any landfill

at which collection and control systemsare required under this subpart as aresult of the nonmethane organiccompounds emission rate. The landfillis considered controlled at the time acollection and control system designplan is submitted in compliance with§ 60.752(b)(2)(i).

Design capacity means the maximumamount of solid waste a landfill canaccept, as indicated in terms of volumeor mass in the most recent permit issuedby the State, local, or Tribal agencyresponsible for regulating the landfill,plus any in-place waste not accountedfor in the most recent permit. If theowner or operator chooses to convertthe design capacity from volume to


mass or from mass to volume todemonstrate its design capacity is lessthan 2.5 million megagrams or 2.5million cubic meters, the calculationmust include a site specific density,which must be recalculated annually.* * * * *

Interior well means any well orsimilar collection component locatedinside the perimeter of the landfillwaste. A perimeter well located outsidethe landfilled waste is not an interiorwell.* * * * *

Modification means an increase in thepermitted volume design capacity of thelandfill by either horizontal or verticalexpansion based on its permitted designcapacity as of May 30, 1991.

7. Amend § 60.752 by revisingparagraph (a), the introductory text ofparagraph (b), paragraphs (b)(2)(ii),(b)(2)(iii)(B), and (b)(2)(v)(A), andadding paragraphs (c) and (d) to read asfollows:

§ 60.752 Standards for air emissions frommunicipal solid waste landfills.

(a) Each owner or operator of an MSWlandfill having a design capacity lessthan 2.5 million megagrams by mass or2.5 million cubic meters by volumeshall submit an initial design capacityreport to the Administrator as providedin § 60.757(a). The landfill maycalculate design capacity in eithermegagrams or cubic meters forcomparison with the exemption values.Any density conversions shall bedocumented and submitted with thereport. Submittal of the initial designcapacity report shall fulfill therequirements of this subpart except asprovided for in paragraphs (a)(1) and(a)(2) of this section.

(1) The owner or operator shallsubmit to the Administrator anamended design capacity report, asprovided for in § 60.757(a)(3).

(2) When an increase in the maximumdesign capacity of a landfill exemptedfrom the provisions of § 60.752(b)through § 60.759 of this subpart on thebasis of the design capacity exemptionin paragraph (a) of this section results ina revised maximum design capacityequal to or greater than 2.5 millionmegagrams and 2.5 million cubicmeters, the owner or operator shallcomply with the provision of paragraph(b) of this section.

(b) Each owner or operator of an MSWlandfill having a design capacity equalto or greater than 2.5 million megagramsand 2.5 million cubic meters, shalleither comply with paragraph (b)(2) ofthis section or calculate an NMOCemission rate for the landfill using theprocedures specified in § 60.754. The

NMOC emission rate shall berecalculated annually, except asprovided in § 60.757(b)(1)(ii) of thissubpart. The owner or operator of anMSW landfill subject to this subpartwith a design capacity greater than orequal to 2.5 million megagrams and 2.5million cubic meters is subject to part70 or 71 permitting requirements.

(1) * * *(2) * * *(ii) Install a collection and control

system that captures the gas generatedwithin the landfill as required byparagraphs (b)(2)(ii)(A) or (B) and(b)(2)(iii) of this section within 30months after the first annual report inwhich the emission rate equals orexceeds 50 megagrams per year, unlessTier 2 or Tier 3 sampling demonstratesthat the emission rate is less than 50megagrams per year, as specified in§ 60.757(c)(1) or (2).* * * * *

(iii) * * *(A) * * *(B) A control system designed and

operated to reduce NMOC by 98 weight-percent, or, when an enclosedcombustion device is used for control,to either reduce NMOC by 98 weightpercent or reduce the outlet NMOCconcentration to less than 20 parts permillion by volume, dry basis as hexaneat 3 percent oxygen. The reductionefficiency or parts per million byvolume shall be established by an initialperformance test to be completed nolater than 180 days after the initialstartup of the approved control systemusing the test methods specified in§ 60.754(d).* * * * *

(v) * * *(A) The landfill shall be a closed

landfill as defined in § 60.751 of thissubpart. A closure report shall besubmitted to the Administrator asprovided in § 60.757(d);* * * * *

(c) For purposes of obtaining anoperating permit under title V of theAct, the owner or operator of a MSWlandfill subject to this subpart with adesign capacity less than 2.5 millionmegagrams or 2.5 million cubic metersis not subject to the requirement toobtain an operating permit for thelandfill under part 70 or 71 of thischapter, unless the landfill is otherwisesubject to either part 70 or 71. Forpurposes of submitting a timelyapplication for an operating permitunder part 70 or 71, the owner oroperator of a MSW landfill subject tothis subpart with a design capacitygreater than or equal to 2.5 millionmegagrams and 2.5 million cubic

meters, and not otherwise subject toeither part 70 or 71, becomes subject tothe requirements of §§ 70.5(a)(1)(i) or71.5(a)(1)(i) of this chapter, regardless ofwhen the design capacity report isactually submitted, no later than:

(1) June 10, 1996 for MSW landfillsthat commenced construction,modification, or reconstruction on orafter May 30, 1991 but before March 12,1996;

(2) Ninety days after the date ofcommenced construction, modification,or reconstruction for MSW landfills thatcommence construction, modification,or reconstruction on or after March 12,1996.

(d) When a MSW landfill subject tothis subpart is closed, the owner oroperator is no longer subject to therequirement to maintain an operatingpermit under part 70 or 71 of thischapter for the landfill if the landfill isnot otherwise subject to therequirements of either part 70 or 71 andif either of the following conditions aremet:

(1) The landfill was never subject tothe requirement for a control systemunder paragraph (b)(2) of this section; or

(2) The owner or operator meets theconditions for control system removalspecified in paragraph (b)(2)(v) of thissection.

8. Amend § 60.753 by revising theintroductory text of § 60.753 and thesecond sentence of paragraph (d) andthe first sentence of paragraph (g) toread as follows:

§ 60.753 Operational standards forcollection and control systems.

Each owner or operator of an MSWlandfill with a gas collection and controlsystem used to comply with theprovisions of § 60.752(b)(2)(ii) of thissubpart shall: * * *

(d) * * * To determine if this level isexceeded, the owner or operator shallconduct surface testing around theperimeter of the collection area andalong a pattern that traverses the landfillat 30 meter intervals and where visualobservations indicate elevatedconcentrations of landfill gas, such asdistressed vegetation and cracks orseeps in the cover. * * ** * * * *

(g) If monitoring demonstrates that theoperational requirements in paragraphs(b), (c), or (d) of this section are not met,corrective action shall be taken asspecified in § 60.755(a)(3) through (5) or§ 60.755(c) of this subpart. * * *

9. Amend § 60.754 as follows:a. In the last sentences of paragraph

(a)(1)(i) and (a)(1)(ii) remove the phrase‘‘if the documentation provisions of§ 60.758(d)(2) are followed’’ and add, in


its place, ‘‘if documentation of thenature and amount of such wastes ismaintained’’;

b. In paragraph (a)(4)(ii) remove thelast sentence and add in its place, ‘‘Thecalculation of the methane generationrate constant is performed only once,and the value obtained from this testshall be used in all subsequent annualNMOC emission rate calculations.’’;

c. In paragraphs (a)(5) and (b)(3)remove the phrase ‘‘as provided in§ 60.752(b)(2)(i)(B)’’;

d. In paragraph (d), remove the words‘‘Method 25’’ and add, in its place‘‘Method 25C’’;

e. Revise the introductory text ofparagraph (a)(1) and revise paragraph (c)to read as follows:

§ 60.754 Test methods and procedures.

(a)(1) The landfill owner or operatorshall calculate the NMOC emission rateusing either the equation provided inparagraph (a)(1)(i) of this section or theequation provided in paragraph (a)(1)(ii)of this section. Both equations may beused if the actual year-to-year solidwaste acceptance rate is known, asspecified in paragraph (a)(1)(i), for partof the life of the landfill and the actualyear-to-year solid waste acceptance rateis unknown, as specified in paragraph(a)(1)(ii), for part of the life of thelandfill. The values to be used in bothequations are 0.05 per year for k, 170cubic meters per megagram for LO, and4,000 parts per million by volume ashexane for the CNMOC. For landfillslocated in geographical areas with athirty year annual average precipitationof less than 25 inches, as measured atthe nearest representative officialmeteorologic site, the k value to be usedis 0.02 per year.* * * * *

(c) When calculating emissions forPSD purposes, the owner or operator ofeach MSW landfill subject to theprovisions of this subpart shall estimatethe NMOC emission rate for comparisonto the PSD major source andsignificance levels in §§ 51.166 or 52.21of this chapter using AP–42 or otherapproved measurement procedures.* * * * *

10. Amend § 60.755 as follows:a. In paragraphs (a)(3) and (a)(5), add

a sentence at the end of each paragraphreading ‘‘An alternative timeline forcorrecting the exceedance may besubmitted to the Administrator forapproval.’’;

b. Revise paragraph (a)(4) to read asfollows:

§ 60.755 Compliance provisions.

(a) * * *

(4) Owners or operators are notrequired to expand the system asrequired in paragraph (a)(3) of thissection during the first 180 days aftergas collection system startup.* * * * *

c. In paragraph (b) introductory text,in the last sentence, remove the phrase‘‘within 60 days of the date in which’’and add in its place, ‘‘no later than 60days after the date on which’’;

d. In paragraph (c)(1), delete thephrase ‘‘and along a serpentine patternspaced 30 meters apart (or a site-specificestablished spacing)’’ and add in itsplace, ‘‘and along a pattern thattraverses the landfill at 30 meterintervals (or a site-specific establishedspacing)’’.

11. Amend § 60.756 as follows:a. In paragraph (a) introductory text,

remove the phrase ‘‘or othertemperature measuring device’’ andadd, in its place, ‘‘other temperaturemeasuring device, or an access port fortemperature measurements’’;

b. In paragraph (b)(1), remove thephrase ‘‘an accuracy of’’ and add in itsplace, ‘‘a minimum accuracy of’’;

c. In paragraph (b)(2), introductorytext, remove the phrase ‘‘A gas flow ratemeasuring device that provides ameasurement of gas flow’’ and add, inits place, ‘‘A device that records flow’’;

12. Amend § 60.757 by revisingparagraphs (a)(1), (a)(2), (a)(3), (b)(1)(i)and (g) introductory text to read asfollows:

§ 60.757 Reporting requirements.

* * * * *(a) * * *(1) The initial design capacity report

shall fulfill the requirements of thenotification of the date construction iscommenced as required by § 60.7(a)(1)and shall be submitted no later than:

(i) June 10, 1996, for landfills thatcommenced construction, modification,or reconstruction on or after May 30,1991 but before March 12, 1996 or

(ii) Ninety days after the date ofcommenced construction, modification,or reconstruction for landfills thatcommence construction, modification,or reconstruction on or after March 12,1996.

(2) The initial design capacity reportshall contain the following information:

(i) A map or plot of the landfill,providing the size and location of thelandfill, and identifying all areas wheresolid waste may be landfilled accordingto the permit issued by the State, local,or tribal agency responsible forregulating the landfill.

(ii) The maximum design capacity ofthe landfill. Where the maximum designcapacity is specified in the permit

issued by the State, local, or tribalagency responsible for regulating thelandfill, a copy of the permit specifyingthe maximum design capacity may besubmitted as part of the report. If themaximum design capacity of the landfillis not specified in the permit, themaximum design capacity shall becalculated using good engineeringpractices. The calculations shall beprovided, along with the relevantparameters as part of the report. TheState, Tribal, local agency orAdministrator may request otherreasonable information as may benecessary to verify the maximum designcapacity of the landfill.

(3) An amended design capacityreport shall be submitted to theAdministrator providing notification ofan increase in the design capacity of thelandfill, within 90 days of an increasein the maximum design capacity of thelandfill to or above 2.5 millionmegagrams and 2.5 million cubicmeters. This increase in design capacitymay result from an increase in thepermitted volume of the landfill or anincrease in the density as documentedin the annual recalculation required in§ 60.758(f).

(b) * * *(1) * * *(i) The initial NMOC emission rate

report may be combined with the initialdesign capacity report required inparagraph (a) of this section and shall besubmitted no later than indicated inparagraphs (b)(1)(i)(A) and (B) of thissection. Subsequent NMOC emissionrate reports shall be submitted annuallythereafter, except as provided for inparagraphs (b)(1)(ii) and (b)(3) of thissection.

(A) June 10, 1996, for landfills thatcommenced construction, modification,or reconstruction on or after May 30,1991, but before March 12, 1996, or

(B) Ninety days after the date ofcommenced construction, modification,or reconstruction for landfills thatcommence construction, modification,or reconstruction on or after March 12,1996.* * * * *

(g) Each owner or operator seeking tocomply with § 60.752(b)(2)(iii) shallinclude the following information withthe initial performance test reportrequired under § 60.8:* * * * *

13. Amend § 60.758 as follows:a. Remove the introductory text;b. At the beginning of paragraphs (a),

(b) introductory text, (c) introductorytext, (d) introductory text, and (e), addthe phrase ‘‘Except as provided in§ 60.752(b)(2)(i)(B),’’;


c. In paragraph (a), remove the phrase‘‘on-site records of the maximum designcapacity’’ and add, in its place ‘‘on-siterecords of the design capacity reportwhich triggered § 60.752(b)’’;

d. Add paragraph (f) to read asfollows:

§ 60.758 Recordkeeping Requirements.

* * * * *(f) Landfill owners or operators who

convert design capacity from volume tomass or mass to volume to demonstratethat landfill design capacity is less than2.5 million megagrams or 2.5 millioncubic meters, as provided in thedefinition of ‘‘design capacity’’, shallkeep readily accessible, on-site recordsof the annual recalculation of site-specific density, design capacity, andthe supporting documentation. Off-siterecords may be maintained if they areretrievable within 4 hours. Either papercopy or electronic formats areacceptable.

14. Amend § 60.759 as follows:a. In paragraph (a)(3)(iii), remove the

sentence ‘‘The values for k, LO, andCNMOC determined in field testing shallbe used, if field testing has beenperformed in determining the NMOCemission rate or the radii of influence.’’and add, in its place, the sentence ‘‘Thevalues for k and CNMOC determined infield testing shall be used, if field testinghas been performed in determining theNMOC emission rate or the radii ofinfluence (the distance from the wellcenter to a point in the landfill wherethe pressure gradient applied by theblower or compressor approacheszero).’’

b. In paragraph (a)(3)(iii), remove thesentence ‘‘If field testing has not beenperformed, the default values for k, LO,and CNMOC provided in § 60.754(a)(1)shall be used’’ and add, in its place, thesentence ‘‘If field testing has not beenperformed, the default values for k, LO

and CNMOC provided in § 60.754(a)(1)or the alternative values from§ 60.754(a)(5) shall be used.

[FR Doc. 98–15007 Filed 6–15–98; 8:45 am]BILLING CODE 6560–50–P


40 CFR Parts 180, 185 and 186

[OPP–300663; FRL–5793–5]

RIN 2070–AB78

Quizalofop-p ethyl ester; PesticideTolerance

AGENCY: Environmental ProtectionAgency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishestolerances for combined residues ofquizalofop-p ethyl ester [ethyl (R)-(2-[4-((6-chloroquinoxalin-2-yl)oxy)phenoxyl]propanoate), and its acid metabolitequizalofop-p [(R)-(2-[4-((6-chloroquinoxalin-2-yl)oxy)phenoxyl]propionate) and the Senantiomers of the ester and the acid, allexpressed as quizalofop-p ethyl ester inor on canola seed, canola meal,peppermint tops and spearmint tops.DuPont Agricultural Products requestedthe tolerances for canola and theInterregional Research Project Number 4(IR-4) requested the tolerances forpeppermint and spearmint. Thesetolerances were requested under theFederal Food, Drug, and Cosmetic Act,as amended by the Food QualityProtection Act of 1996 (Pub. L. 104-170).DATES: This regulation is effective June16, 1998. Objections and requests forhearings must be received by EPA on orbefore August 17, 1998.ADDRESSES: Written objections andhearing requests, identified by thedocket control number, [OPP–300663],must be submitted to: Hearing Clerk(1900), Environmental ProtectionAgency, Rm. M3708, 401 M St., SW.,Washington, DC 20460. Feesaccompanying objections and hearingrequests shall be labeled ‘‘TolerancePetition Fees’’ and forwarded to: EPAHeadquarters Accounting OperationsBranch, OPP (Tolerance Fees), P.O. Box360277M, Pittsburgh, PA 15251. A copyof any objections and hearing requestsfiled with the Hearing Clerk identifiedby the docket control number, [OPP–300663], must also be submitted to:Public Information and RecordsIntegrity Branch, Information Resourcesand Services Division (7502C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. In person, bringa copy of objections and hearingrequests to Rm. 119, CM #2, 1921Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearingrequests filed with the Hearing Clerkmay also be submitted electronically bysending electronic mail (e-mail) to: [email protected]. Copies ofobjections and hearing requests must besubmitted as an ASCII file avoiding theuse of special characters and any formof encryption. Copies of objections andhearing requests will also be acceptedon disks in WordPerfect 5.1/6.1 fileformat or ASCII file format. All copiesof objections and hearing requests inelectronic form must be identified bythe docket control number [OPP–300663]. No Confidential Business

Information (CBI) should be submittedthrough e-mail. Electronic copies ofobjections and hearing requests on thisrule may be filed online at many FederalDepository Libraries.FOR FURTHER INFORMATION CONTACT: Bymail: Sidney Jackson, RegistrationDivision (7505C), Office of PesticidePrograms, Environmental ProtectionAgency, 401 M St., SW., Washington,DC 20460. Office location, telephonenumber, and e-mail address: CrystalMall #2, 1921 Jefferson Davis Hwy.,Arlington, VA, (703) 305-7610; e-mail:[email protected] INFORMATION: In theFederal Register published on October29, 1997 (62 FR 56176 (mint)) (FRL–5749–7) and December 17, 1997, 62 FR66080 (canola)) (FRL–5758–3), EPA,issued notices pursuant to section 408of the Federal Food, Drug, and CosmeticAct (FFDCA), 21 U.S.C. 346a(e)announcing the filing of pesticidepetitions (PP) 6E4652 and 5F4545 fortolerances by the IR-4 and DuPontAgricultural Products, Wilmington,Delaware. These notices included asummary of the petitions prepared byDuPont Agricultural Products,Wilmington, Delaware, the registrant.There were no comments received inresponse to these notices of filing.

The petitions requested that 40 CFR180.441 be amended by establishingtolerances for combined residues of theherbicide quizalofop-p ethyl ester [ethyl(R)-(2-[4-((6-chloroquinoxalin-2-yl)oxy)phenoxyl] propanoate), and itsacid metabolite quizalofop-p [(R)-(2-[4-((6-chloroquinoxalin-2-yl)oxy)phenoxyl]propionate) and the S enantiomers ofthe ester and the acid, all expressed asquizalofop-p ethyl ester, in or on canolaseed at 1.0 part per million (ppm),canola meal at 1.5 ppm, and pepperminttops and spearmint tops at 2.0 ppm. .

I. Risk Assessment and StatutoryFindings

New section 408(b)(2)(A)(i) of theFFDCA allows EPA to establish atolerance (the legal limit for a pesticidechemical residue in or on a food) onlyif EPA determines that the tolerance is‘‘safe.’’ Section 408(b)(2)(A)(ii) defines‘‘safe’’ to mean that ‘‘there is areasonable certainty that no harm willresult from aggregate exposure to thepesticide chemical residue, includingall anticipated dietary exposures and allother exposures for which there isreliable information.’’ This includesexposure through drinking water and inresidential settings, but does not includeoccupational exposure. Section408(b)(2)(C) requires EPA to give specialconsideration to exposure of infants and

APPENDIX B

APPLICABLE TEST METHOD NOT ATTACHED TO THE REGULATIONSMETHOD 21

Method 21 is published in 40 CFR Part 60. Appendix A (test methods) of 40 CFR Part 60 can befound on the internet at http://www.epa.gov/docs/epacfr40/chapt-I.info/subch-C/40P0060.

188

Pt. 60, App. A, Meth. 21

CONVERSION FACTORS FOR CONCENTRATION—Continued

From To Multiply by

ppm (NOx) ............ lb/scf ..................... 1.194 x 10·7

7.5.1 Calculation of Emission Rate Using OxygenCorrection. Both the O2 concentration and the pollutantconcentration must be on a dry basis. Calculate the pollut-ant emission rate, as follows:

E=CdFd

20.9

Eq. 20–620.9·%O2

where:

E=Mass emission rate of pollutant, ng/J (lb/106 Btu).

7.5.2 Calculation of Emission Rate Using Carbon Di-oxide Correction. The CO2 concentration and the pollut-ant concentration may be on either a dry basis or a wetbasis, but both concentrations must be on the same basisfor the calculations. Calculate the pollutant emission rateusing Equation 20–7 or 20–8:

E=CdFc

100Eq. 20–7

%CO2

E=CwFc

100Eq. 20–8

%CO2w

where:

Cw=Pollutant concentration measured on a moist samplebasis, ng/sm3 (lb/scf).

%CO2w=Measured CO2 concentration measured on amoist sample basis, percent.

8. Bibliography

1. Curtis, F. A Method for Analyzing NOx CylinderGases-Specific Ion Electrode Procedure, Monographavailable from Emission Measurement Laboratory, ESED,Research Triangle Park, NC 27711, October 1978.

2. Sigsby, John E., F. M. Black, T. A. Bellar, and D.L. Klosterman. Chemiluminescent Method for Analysis ofNitrogen Compounds in Mobile Source Emissions (NO,NO2, and NH3 ). ‘‘Environmental Science and Tech-nology,’’ 7:51–54. January 1973.

3. Shigehara, R.T., R.M. Neulicht, and W.S. Smith.Validating Orsat Analysis Data from Fossil Fuel-FiredUnits. Emission Measurement Branch, Emission Stand-ards and Engineering Division, Office of Air QualityPlanning and Standards, U.S. Environmental ProtectionAgency, Research Triangle Park, NC 27711. June 1975.

METHOD 21—DETERMINATION OF VOLATILE ORGANIC

COMPOUNDS LEAKS


1.1 Applicability. This method applies to the deter-mination of volatile organic compound (VOC) leaks fromprocess equipment. These sources include, but are notlimited to, valves, flanges and other connections, pumpsand compressors, pressure relief devices, process drains,

open-ended valves, pump and compressor seal systemdegassing vents, accumulator vessel vents, agitator seals,and access door seals.

1.2 Principle. A portable instrument is used to detectVOC leaks from individual sources. The instrument detec-tor type is not specified, but it must meet the specifica-tions and performance criteria contained in Section 3. Aleak definition concentration based on a referencecompound is specified in each applicable regulation. Thisprocedure is intended to locate and classify leaks only,and is not to be used as a direct measure of mass emis-sion rates from individual sources.

2. Definitions

2.1 Leak Definition Concentration. The local VOCconcentration at the surface of a leak source that indicatesthat a VOC emission (leak) is present. The leak definitionis an instrument meter reading based on a referencecompound.

2.2 Reference Compound. The VOC species selectedas an instrument calibration basis for specification of theleak definition concentration. (For example: If a leak defi-nition concentration is 10,000 ppmv as methane, then anysource emission that results in a local concentration thatyields a meter reading of 10,000 on an instrument cali-brated with methane would be classified as a leak. In thisexample, the leak definition is 10,000 ppmv, and the ref-erence compound is methane.)

2.3 Calibration Gas. The VOC compound used to ad-just the instrument meter reading to a known value. Thecalibration gas is usually the reference compound at aconcentration approximately equal to the leak definitionconcentration.

2.4 No Detectable Emission. Any VOC concentrationat a potential leak source (adjusted for local VOC ambientconcentration) that is less than a value corresponding tothe instrument readability specification of section 3.1.1(c)indicates that a leak is not present.

2.5 Response Factor. The ratio of the known con-centration of a VOC compound to the observed meterreading when measured using an instrument calibratedwith the reference compound specified in the applicationregulation.

2.6 Calibration Precision. The degree of agreementbetween measurements of the same known value, ex-pressed as the relative percentage of the average dif-ference between the meter readings and the known con-centration to the known concentration.

2.7 Response Time. The time interval from a stepchange in VOC concentration at the input of the samplingsystem to the time at which 90 percent of the correspond-ing final value is reached as displayed on the instrumentreadout meter.

3. Apparatus

3.1 Monitoring Instrument.3.1.1 Specifications.a. The VOC instrument detector shall respond to the

compounds being processed. Detector types which maymeet this requirement include, but are not limited to, cata-lytic oxidation, flame ionization, infrared absorption, andphotoionization.

b. Both the linear response range and the measurablerange of the instrument for each of the VOC to be meas-ured, and for the VOC calibration gas that is used forcalibration, shall encompass the leak definition concentra-tion specified in the regulation. A dilution probe assemblymay be used to bring the VOC concentration within both

189


ranges; however, the specifications for instrument re-sponse time and sample probe diameter shall still be met.

c. The scale of the instrument meter shall be readableto ±2.5 percent of the specified leak definition concentra-tion when performing a no detectable emission survey.

d. The instrument shall be equipped with an electricallydriven pump to insure that a sample is provided to the de-tector at a constant flow rate. The nominal sample flowrate, as measured at the sample probe tip, shall be 0.10to 3.0 liters per minute when the probe is fitted with aglass wool plug or filter that may be used to preventplugging of the instrument.

e. The instrument shall be intrinsically safe as definedby the applicable U.S.A. standards (e.g., National ElectricCode by the National Fire Prevention Association) for op-eration in any explosive atmospheres that may be encoun-tered in its use. The instrument shall, at a minimum, beintrinsically safe for Class 1, Division 1 conditions, andClass 2, Division 1 conditions, as defined by the exampleCode. The instrument shall not be operated with any safe-ty device, such as an exhaust flame arrestor, removed.

f. The instrument shall be equipped with a probe orprobe extension for sampling not to exceed 1⁄4 in. in out-side diameter, with a single end opening for admission ofsample.

3.1.2 Performance Criteria.(a) The instrument response factors for each of the

VOC to be measured shall be less than 10. When no in-strument is available that meets this specification whencalibrated with the reference VOC specified in the appli-cable regulation, the available instrument may be cali-brated with one of the VOC to be measured, or any otherVOC, so long as the instrument then has a response factorof less than 10 for each of the VOC to be measured.

(b) The instrument response time shall be equal to orless than 30 seconds. The instrument pump, dilutionprobe (if any), sample probe, and probe filter, that willbe used during testing, shall all be in place during the re-sponse time determination.

c. The calibration precision must be equal to or lessthan 10 percent of the calibration gas value.

d. The evaluation procedure for each parameter is givenin Section 4.4.

3.1.3 Performance Evaluation Requirements.a. A response factor must be determined for each

compound that is to be measured, either by testing orfrom reference sources. The response factor tests are re-quired before placing the analyzer into service, but do nothave to be repeated at subsequent intervals.

b. The calibration precision test must be completedprior to placing the analyzer into service, and at subse-quent 3-month intervals or at the next use whichever islater.

c. The response time test is required prior to placingthe instrument into service. If a modification to the sam-ple pumping system or flow configuration is made thatwould change the response time, a new test is requiredprior to further use.

3.2 Calibration Gases. The monitoring instrument iscalibrated in terms of parts per million by volume (ppmv)of the reference compound specified in the applicable reg-ulation. The calibration gases required for monitoring andinstrument performance evaluation are a zero gas (air, lessthan 10 ppmv VOC) and a calibration gas in air mixtureapproximately equal to the leak definition specified in theregulation. If cylinder calibration gas mixtures are used,they must be analyzed and certified by the manufacturer

to be within ±2 percent accuracy, and a shelf life mustbe specified. Cylinder standards must be either reanalyzedor replaced at the end of the specified shelf life. Alter-nately, calibration gases may be prepared by the user ac-cording to any accepted gaseous standards preparationprocedure that will yield a mixture accurate to within ±2percent. Prepared standards must be replaced each day ofuse unless it can be demonstrated that degradation doesnot occur during storage.

Calibrations may be performed using a compound otherthan the reference compound if a conversion factor is de-termined for that alternative compound so that the result-ing meter readings during source surveys can be con-verted to reference compound results.

4. Procedures

4.1 Pretest Preparations. Perform the instrument eval-uation procedures given in Section 4.4 if the evaluationrequirements of Section 3.1.3 have not been met.

4.2 Calibration Procedures. Assemble and start up theVOC analyzer according to the manufacturer’s instruc-tions. After the appropriate warmup period and zero inter-nal calibration procedure, introduce the calibration gasinto the instrument sample probe. Adjust the instrumentmeter readout to correspond to the calibration gas value.

NOTE: If the meter readout cannot be adjusted to theproper value, a malfunction of the analyzer is indicatedand corrective actions are necessary before use.

4.3 Individual Source Surveys.4.3.1 Type I—Leak Definition Based on Concentra-

tion. Place the probe inlet at the surface of the componentinterface where leakage could occur. Move the probealong the interface periphery while observing the instru-ment readout. If an increased meter reading is observed,slowly sample the interface where leakage is indicateduntil the maximum meter reading is obtained. Leave theprobe inlet at this maximum reading location for approxi-mately two times the instrument response time. If themaximum observed meter reading is greater than the leakdefinition in the applicable regulation, record and reportthe results as specified in the regulation reporting require-ments. Examples of the application of this general tech-nique to specific equipment types are:

a. Valves—The most common source of leaks fromvalves is at the seal between the stem and housing. Placethe probe at the interface where the stem exits the pack-ing gland and sample the stem circumference. Also, placethe probe at the interface of the packing gland take-upflange seat and sample the periphery. In addition, surveyvalve housings of multipart assembly at the surface of allinterfaces where a leak could occur.

b. Flanges and Other Connections—For welded flanges,place the probe at the outer edge of the flange-gasketinterface and sample the circumference of the flange.Sample other types of nonpermanent joints (such asthreaded connections) with a similar traverse.

c. Pumps and Compressors—Conduct a circumferentialtraverse at the outer surface of the pump or compressorshaft and seal interface. If the source is a rotating shaft,position the probe inlet within 1 cm of the shaft-sealinterface for the survey. If the housing configuration pre-vents a complete traverse of the shaft periphery, sampleall accessible portions. Sample all other joints on thepump or compressor housing where leakage could occur.

d. Pressure Relief Devices—The configuration of mostpressure relief devices prevents sampling at the sealingseat interface. For those devices equipped with an en-

190


closed extension, or horn, place the probe inlet at approxi-mately the center of the exhaust area to the atmosphere.

e. Process Drains—For open drains, place the probeinlet at approximately the center of the area open to theatmosphere. For covered drains, place the probe at thesurface of the cover interface and conduct a peripheraltraverse.

f. Open-Ended Lines or Valves—Place the probe inletat approximately the center of the opening to the atmos-phere.

g. Seal System Degassing Vents and AccumulatorVents—Place the probe inlet at approximately the centerof the opening to the atmosphere.

h. Access Door Seals—Place the probe inlet at the sur-face of the door seal interface and conduct a peripheraltraverse.

4.3.2 Type II—‘‘No Detectable Emission’’.Determine the local ambient concentration around the

source by moving the probe inlet randomly upwind anddownwind at a distance of one to two meters from thesource. If an interference exists with this determinationdue to a nearby emission or leak, the local ambient con-centration may be determined at distances closer to thesource, but in no case shall the distance be less than 25centimeters. Then move the probe inlet to the surface ofthe source and determine the concentration described in4.3.1. The difference between these concentrations deter-mines whether there are no detectable emissions. Recordand report the results as specified by the regulation.

For those cases where the regulation requires a specificdevice installation, or that specified vents be ducted orpiped to a control device, the existence of these condi-tions shall be visually confirmed. When the regulationalso requires that no detectable emissions exist, visual ob-servations and sampling surveys are required. Examplesof this technique are:

(a) Pump or Compressor Seals—If applicable, deter-mine the type of shaft seal. Preform a survey of the localarea ambient VOC concentration and determine if detect-able emissions exist as described above.

(b) Seal System Degassing Vents, Accumulator VesselVents, Pressure Relief Devices—If applicable, observewhether or not the applicable ducting or piping exists.Also, determine if any sources exist in the ducting or pip-ing where emissions could occur prior to the control de-vice. If the required ducting or piping exists and there areno sources where the emissions could be vented to the at-mosphere prior to the control device, then it is presumedthat no detectable emissions are present. If there aresources in the ducting or piping where emissions could bevented or sources where leaks could occur, the samplingsurveys described in this paragraph shall be used to deter-mine if detectable emissions exist.

4.3.3 Alternative Screening Procedure. A screeningprocedure based on the formation of bubbles in a soap so-lution that is sprayed on a potential leak source may beused for those sources that do not have continuously mov-ing parts, that do not have surface temperatures greaterthan the boiling point or less than the freezing point ofthe soap solution, that do not have open areas to the at-mosphere that the soap solution cannot bridge, or that donot exhibit evidence of liquid leakage. Sources that havethese conditions present must be surveyed using the in-strument techniques of 4.3.1 or 4.3.2.

Spray a soap solution over all potential leak sources.The soap solution may be a commercially available leakdetection solution or may be prepared using concentrated

detergent and water. A pressure sprayer or a squeeze bot-tle may be used to dispense the solution. Observe the po-tential leak sites to determine if any bubbles are formed.If no bubbles are observed, the source is presumed tohave no detectable emissions or leaks as applicable. Ifany bubbles are observed, the instrument techniques of4.3.1 or 4.3.2 shall be used to determine if a leak exists,or if the source has detectable emissions, as applicable.

4.4 Instrument Evaluation Procedures. At the beginningof the instrument performance evaluation test, assembleand start up the instrument according to the manufactur-er’s instructions for recommended warmup period andpreliminary adjustments.

4.4.1 Response Factor. Calibrate the instrument withthe reference compound as specified in the applicable reg-ulation. For each organic species that is to be measuredduring individual source surveys, obtain or prepare aknown standard in air at a concentration of approximately80 percent of the applicable leak definition unless limitedby volatility or explosivity. In these cases, prepare astandard at 90 percent of the saturation concentration, or70 percent of the lower explosive limit, respectively. In-troduce this mixture to the analyzer and record the ob-served meter reading. Introduce zero air until a stablereading is obtained. Make a total of three measurementsby alternating between the known mixture and zero air.Calculate the response factor for each repetition and theaverage response factor.

Alternatively, if response factors have been publishedfor the compounds of interest for the instrument or detec-tor type, the response factor determination is not required,and existing results may be referenced. Examples of pub-lished response factors for flame ionization and catalyticoxidation detectors are included in Bibliography.

4.4.2 Calibration Precision. Make a total of three meas-urements by alternately using zero gas and the specifiedcalibration gas. Record the meter readings. Calculate theaverage algebraic difference between the meter readingsand the known value. Divide this average difference bythe known calibration value and mutiply by 100 to ex-press the resulting calibration precision as a percentage.

4.4.3 Response Time. Introduce zero gas into the in-strument sample probe. When the meter reading has sta-bilized, switch quickly to the specified calibration gas.Measure the time from switching to when 90 percent ofthe final stable reading is attained. Perform this test se-quence three times and record the results. Calculate theaverage response time.

5. Bibliography

1. DuBose, D.A., and G.E. Harris. Response Factorsof VOC Analyzers at a Meter Reading of 10,000 ppmvfor Selected Organic Compounds. U.S. EnvironmentalProtection Agency, Research Triangle Park, NC. Publica-tion No. EPA 600/2–81–051. September 1981.

2. Brown, G.E., et al. Response Factors of VOC Ana-lyzers Calibrated with Methane for Selected OrganicCompounds. U.S. Environmental Protection Agency, Re-search Triangle Park, NC. Publication No. EPA 600/2–81–022. May 1981.

3. DuBose, D.A., et al. Response of Portable VOCAnalyzers to Chemical Mixtures. U.S. Environmental Pro-tection Agency, Research Triangle Park, NC. PublicationNo. EPA 600/2–81–110. September 1981.

APPENDIX C

PART 60, SUBPART A(GENERAL PROVISIONS)

The General Provisions of 40 CFR Part 60 can be found on the internet athttp://www.epa.gov/docs/epacfr40/chapt-I.info/subch-C/40P0060.

1

Subpart A—General Provisions

§ 60.1 Applicability.(a) Except as provided in subparts B and C, the

provisions of this part apply to the owner or oper-ator of any stationary source which contains an af-fected facility, the construction or modification ofwhich is commenced after the date of publicationin this part of any standard (or, if earlier, the dateof publication of any proposed standard) applica-ble to that facility.

(b) Any new or revised standard of performancepromulgated pursuant to section 111(b) of the Actshall apply to the owner or operator of any sta-tionary source which contains an affected facility,the construction or modification of which is com-menced after the date of publication in this part ofsuch new or revised standard (or, if earlier, thedate of publication of any proposed standard) ap-plicable to that facility.

(c) In addition to complying with the provisionsof this part, the owner or operator of an affectedfacility may be required to obtain an operatingpermit issued to stationary sources by an author-ized State air pollution control agency or by theAdministrator of the U.S. Environmental Protec-tion Agency (EPA) pursuant to Title V of theClean Air Act (Act) as amended November 15,1990 (42 U.S.C. 7661). For more informationabout obtaining an operating permit see part 70 ofthis chapter.

[40 FR 53346, Nov. 17, 1975, as amended at 55 FR51382, Dec. 13, 1990; 59 FR 12427, Mar. 16, 1994]

§ 60.2 Definitions.The terms used in this part are defined in the

Act or in this section as follows:Act means the Clean Air Act (42 U.S.C. 7401

et seq.)Administrator means the Administrator of the

Environmental Protection Agency or his author-ized representative.

Affected facility means, with reference to a sta-tionary source, any apparatus to which a standardis applicable.

Alternative method means any method of sam-pling and analyzing for an air pollutant which isnot a reference or equivalent method but whichhas been demonstrated to the Administrator’s sat-isfaction to, in specific cases, produce results ade-quate for his determination of compliance.

Approved permit program means a State permitprogram approved by the Administrator as meetingthe requirements of part 70 of this chapter or aFederal permit program established in this chapterpursuant to Title V of the Act (42 U.S.C. 7661).

Capital expenditure means an expenditure for aphysical or operational change to an existing facil-

ity which exceeds the product of the applicable‘‘annual asset guideline repair allowance percent-age’’ specified in the latest edition of InternalRevenue Service (IRS) Publication 534 and theexisting facility’s basis, as defined by section 1012of the Internal Revenue Code. However, the totalexpenditure for a physical or operational change toan existing facility must not be reduced by any‘‘excluded additions’’ as defined in IRS Publica-tion 534, as would be done for tax purposes.

Clean coal technology demonstration projectmeans a project using funds appropriated underthe heading ‘Department of Energy-Clean CoalTechnology’, up to a total amount of$2,500,000,000 for commercial demonstrations ofclean coal technology, or similar projects fundedthrough appropriations for the Environmental Pro-tection Agency.

Commenced means, with respect to the defini-tion of new source in section 111(a)(2) of the Act,that an owner or operator has undertaken a contin-uous program of construction or modification orthat an owner or operator has entered into a con-tractual obligation to undertake and complete,within a reasonable time, a continuous program ofconstruction or modification.

Construction means fabrication, erection, or in-stallation of an affected facility.

Continuous monitoring system means the totalequipment, required under the emission monitoringsections in applicable subparts, used to sample andcondition (if applicable), to analyze, and to pro-vide a permanent record of emissions or processparameters.

Electric utility steam generating unit means anysteam electric generating unit that is constructedfor the purpose of supplying more than one-thirdof its potential electric output capacity and morethan 25 MW electrical output to any utility powerdistribution system for sale. Any steam supplied toa steam distribution system for the purpose of pro-viding steam to a steam-electric generator thatwould produce electrical energy for sale is alsoconsidered in determining the electrical energyoutput capacity of the affected facility.

Equivalent method means any method of sam-pling and analyzing for an air pollutant which hasbeen demonstrated to the Administrator’s satisfac-tion to have a consistent and quantitatively knownrelationship to the reference method, under speci-fied conditions.

Excess Emissions and Monitoring Systems Per-formance Report is a report that must be submittedperiodically by a source in order to provide dataon its compliance with stated emission limits andoperating parameters, and on the performance ofits monitoring systems.

Existing facility means, with reference to a sta-tionary source, any apparatus of the type for which

2

§ 60.2

a standard is promulgated in this part, and the con-struction or modification of which was com-menced before the date of proposal of that stand-ard; or any apparatus which could be altered insuch a way as to be of that type.

Isokinetic sampling means sampling in whichthe linear velocity of the gas entering the samplingnozzle is equal to that of the undisturbed gasstream at the sample point.

Issuance of a part 70 permit will occur, if theState is the permitting authority, in accordancewith the requirements of part 70 of this chapterand the applicable, approved State permit program.When the EPA is the permitting authority, issu-ance of a Title V permit occurs immediately afterthe EPA takes final action on the final permit.

Malfunction means any sudden, infrequent, andnot reasonably preventable failure of air pollutioncontrol equipment, process equipment, or a proc-ess to operate in a normal or usual manner. Fail-ures that are caused in part by poor maintenanceor careless operation are not malfunctions.

Modification means any physical change in, orchange in the method of operation of, an existingfacility which increases the amount of any air pol-lutant (to which a standard applies) emitted intothe atmosphere by that facility or which results inthe emission of any air pollutant (to which astandard applies) into the atmosphere not pre-viously emitted.

Monitoring device means the total equipment,required under the monitoring of operations sec-tions in applicable subparts, used to measure andrecord (if applicable) process parameters.

Nitrogen oxides means all oxides of nitrogenexcept nitrous oxide, as measured by test methodsset forth in this part.

One-hour period means any 60-minute periodcommencing on the hour.

Opacity means the degree to which emissionsreduce the transmission of light and obscure theview of an object in the background.

Owner or operator means any person whoowns, leases, operates, controls, or supervises anaffected facility or a stationary source of which anaffected facility is a part.

Part 70 permit means any permit issued, re-newed, or revised pursuant to part 70 of this chap-ter.

Particulate matter means any finely dividedsolid or liquid material, other than uncombinedwater, as measured by the reference methods spec-ified under each applicable subpart, or an equiva-lent or alternative method.

Permit program means a comprehensive Stateoperating permit system established pursuant totitle V of the Act (42 U.S.C. 7661) and regulationscodified in part 70 of this chapter and applicableState regulations, or a comprehensive Federal op-

erating permit system established pursuant to titleV of the Act and regulations codified in this chap-ter.

Permitting authority means:(1) The State air pollution control agency, local

agency, other State agency, or other agency au-thorized by the Administrator to carry out a permitprogram under part 70 of this chapter; or

(2) The Administrator, in the case of EPA-im-plemented permit programs under title V of theAct (42 U.S.C. 7661).

Proportional sampling means sampling at a ratethat produces a constant ratio of sampling rate tostack gas flow rate.

Reactivation of a very clean coal-fired electricutility steam generating unit means any physicalchange or change in the method of operation asso-ciated with the commencement of commercial op-erations by a coal-fired utility unit after a periodof discontinued operation where the unit:

(1) Has not been in operation for the two-yearperiod prior to the enactment of the Clean Air ActAmendments of 1990, and the emissions fromsuch unit continue to be carried in the permittingauthority’s emissions inventory at the time of en-actment;

(2) Was equipped prior to shut-down with acontinuous system of emissions control thatachieves a removal efficiency for sulfur dioxide ofno less than 85 percent and a removal efficiencyfor particulates of no less than 98 percent;

(3) Is equipped with low-NOx burners prior tothe time of commencement of operations follow-ing reactivation; and

(4) Is otherwise in compliance with the require-ments of the Clean Air Act.

Reference method means any method of sam-pling and analyzing for an air pollutant as speci-fied in the applicable subpart.

Repowering means replacement of an existingcoal-fired boiler with one of the following cleancoal technologies: atmospheric or pressurized flu-idized bed combustion, integrated gasificationcombined cycle, magnetohydrodynamics, directand indirect coal-fired turbines, integrated gasifi-cation fuel cells, or as determined by the Adminis-trator, in consultation with the Secretary of En-ergy, a derivative of one or more of these tech-nologies, and any other technology capable of con-trolling multiple combustion emissions simulta-neously with improved boiler or generation effi-ciency and with significantly greater waste reduc-tion relative to the performance of technology inwidespread commercial use as of November 15,1990. Repowering shall also include any oil and/or gas-fired unit which has been awarded cleancoal technology demonstration funding as of Janu-ary 1, 1991, by the Department of Energy.

3

§ 60.3

Run means the net period of time during whichan emission sample is collected. Unless otherwisespecified, a run may be either intermittent or con-tinuous within the limits of good engineering prac-tice.

Shutdown means the cessation of operation ofan affected facility for any purpose.

Six-minute period means any one of the 10equal parts of a one-hour period.

Standard means a standard of performance pro-posed or promulgated under this part.

Standard conditions means a temperature of 293K (68•F) and a pressure of 101.3 kilopascals(29.92 in Hg).

Startup means the setting in operation of an af-fected facility for any purpose.

State means all non-Federal authorities, includ-ing local agencies, interstate associations, andState-wide programs, that have delegated authorityto implement: (1) The provisions of this part; and/or (2) the permit program established under part70 of this chapter. The term State shall have itsconventional meaning where clear from the con-text.

Stationary source means any building, structure,facility, or installation which emits or may emitany air pollutant.

Title V permit means any permit issued, re-newed, or revised pursuant to Federal or State reg-ulations established to implement title V of theAct (42 U.S.C. 7661). A title V permit issued bya State permitting authority is called a part 70 per-mit in this part.

Volatile Organic Compound means any organiccompound which participates in atmospheric pho-tochemical reactions; or which is measured by areference method, an equivalent method, an alter-native method, or which is determined by proce-dures specified under any subpart.

[44 FR 55173, Sept. 25, 1979, as amended at 45 FR5617, Jan. 23, 1980; 45 FR 85415, Dec. 24, 1980; 54 FR6662, Feb. 14, 1989; 55 FR 51382, Dec. 13, 1990; 57 FR32338, July 21, 1992; 59 FR 12427, Mar. 16, 1994]

§ 60.3 Units and abbreviations.Used in this part are abbreviations and symbols

of units of measure. These are defined as follows:(a) System International (SI) units of measure:

A—ampereg—gramHz—hertzJ—jouleK—degree Kelvinkg—kilogramm—meterm3—cubic metermg—milligram—10·3 grammm—millimeter—10·3 meterMg—megagram—106 grammol—mole

N—newtonng—nanogram—10·9 gramnm—nanometer—10·9 meterPa—pascals—secondV—voltW—wattΩ—ohmµg—microgram—10·6 gram

(b) Other units of measure:

Btu—British thermal unit°C—degree Celsius (centigrade)cal—caloriecfm—cubic feet per minutecu ft—cubic feetdcf—dry cubic feetdcm—dry cubic meterdscf—dry cubic feet at standard conditionsdscm—dry cubic meter at standard conditionseq—equivalent°F—degree Fahrenheitft—feetgal—gallongr—graing-eq—gram equivalenthr—hourin—inchk—1,000l—literlpm—liter per minutelb—poundmeq—milliequivalentmin—minuteml—millilitermol. wt.—molecular weightppb—parts per billionppm—parts per millionpsia—pounds per square inch absolutepsig—pounds per square inch gage°R—degree Rankinescf—cubic feet at standard conditionsscfh—cubic feet per hour at standard conditionsscm—cubic meter at standard conditionssec—secondsq ft—square feetstd—at standard conditions

(c) Chemical nomenclature:

CdS—cadmium sulfideCO—carbon monoxideCO2—carbon dioxideHCl—hydrochloric acidHg—mercuryH2O—waterH2S—hydrogen sulfideH2SO4—sulfuric acidN2—nitrogenNO—nitric oxideNO2—nitrogen dioxideNOx—nitrogen oxidesO2—oxygenSO2—sulfur dioxideSO3—sulfur trioxideSOx—sulfur oxides

(d) Miscellaneous:

4

§ 60.4

A.S.T.M.—American Society for Testing and Materials

[42 FR 37000, July 19, 1977; 42 FR 38178, July 27,1977]

§ 60.4 Address.(a) All requests, reports, applications, submit-

tals, and other communications to the Adminis-trator pursuant to this part shall be submitted induplicate to the appropriate Regional Office of theU.S. Environmental Protection Agency to the at-tention of the Director of the Division indicated inthe following list of EPA Regional Offices.

Region I (Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island, Vermont), Director, AirManagement Division, U.S. Environmental ProtectionAgency, John F. Kennedy Federal Building, Boston,MA 02203.

Region II (New Jersey, New York, Puerto Rico, VirginIslands), Director, Air and Waste Management Divi-sion, U.S. Environmental Protection Agency, FederalOffice Building, 26 Federal Plaza (Foley Square), NewYork, NY 10278.

Region III (Delaware, District of Columbia, Maryland,Pennsylvania, Virginia, West Virginia), Director, Airand Waste Management Division, U.S. EnvironmentalProtection Agency, Curtis Building, Sixth and WalnutStreets, Philadelphia, PA 19106.

Region IV (Alabama, Florida, Georgia, Kentucky, Mis-sissippi, North Carolina, South Carolina, Tennessee),Director, Air and Waste Management Division, U.S.Environmental Protection Agency, 345 CourtlandStreet, NE., Atlanta, GA 30365.

Region V (Illinois, Indiana, Michigan, Minnesota, Ohio,Wisconsin), Director, Air Management Division, U.S.Environmental Protection Agency, 230 South DearbornStreet, Chicago, IL 60604.

Region VI (Arkansas, Louisiana, New Mexico, Okla-homa, Texas); Director; Air, Pesticides, and Toxics Di-vision; U.S. Environmental Protection Agency, 1445Ross Avenue, Dallas, TX 75202.

Region VII (Iowa, Kansas, Missouri, Nebraska), Director,Air and Toxics Division, U.S. Environmental ProtectionAgency, 726 Minnesota Avenue, Kansas City, KS66101.

Region VIII (Colorado, Montana, North Dakota, SouthDakota, Utah, Wyoming), Director, Air and WasteManagement Division, U.S. Environmental ProtectionAgency, 1860 Lincoln Street, Denver, CO 80295.

Region IX (American Samoa, Arizona, California, Guam,Hawaii, Nevada), Director, Air and Waste ManagementDivision, U.S. Environmental Protection Agency, 215Fremont Street, San Francisco, CA 94105.

Region X (Alaska, Oregon, Idaho, Washington), Director,Air and Waste Management Division, U.S. Environ-mental Protection Agency, 1200 Sixth Avenue, Seattle,WA 98101.

(b) Section 111(c) directs the Administrator todelegate to each State, when appropriate, the au-thority to implement and enforce standards of per-formance for new stationary sources located insuch State. All information required to be submit-ted to EPA under paragraph (a) of this section,must also be submitted to the appropriate State

Agency of any State to which this authority hasbeen delegated (provided, that each specific dele-gation may except sources from a certain Federalor State reporting requirement). The appropriatemailing address for those States whose delegationrequest has been approved is as follows:

(A) [Reserved](B) State of Alabama, Air Pollution Control Division,

Air Pollution Control Commission, 645 S. McDonoughStreet, Montgomery, AL 36104.

(C) State of Alaska, Department of Environmental Con-servation, Pouch O, Juneau, AK 99811.

(D) Arizona:Arizona Department of Health Services, 1740 West

Adams Street, Phoenix, AZ 85007.Maricopa County Department of Health Services, Bureau

of Air Pollution Control, 1825 East Roosevelt Street,Phoenix, AZ 85006.

Pima County Health Department, Air Quality ControlDistrict, 151 West Congress, Tucson, AZ 85701.

Pima County Air Pollution Control District, 151 WestCongress Street, Tucson, AZ 85701.

(1) The following table lists the specific source and pol-lutant categories that have been delegated to the air pollu-tion control agencies in Arizona. A star (*) is used to in-dicate each category that has been delegated.

E:GRAPHICS EC01JN92.000E:GRAPHICS EC01JN92.001(E) State of Arkansas: Chief, Division of Air Pollution

Control, Arkansas Department of Pollution Control andEcology, 8001 National Drive, P.O. Box 9583, LittleRock, AR 72209.

(F) California:Amador County Air Pollution Control District, P.O. Box

430, 810 Court Street, Jackson, CA 95642Bay Area Air Pollution Control District, 939 Ellis Street,

San Francisco, CA 94109.Butte County Air Pollution Control District, P.O. Box

1229, 316 Nelson Avenue, Oroville, CA 95965Calaveras County Air Pollution Control District, Govern-

ment Center, El Dorado Road, San Andreas, CA 95249Colusa County Air Pollution Control District, 751 Fre-

mont Street, Colusa, CA 95952El Dorado Air Pollution Control District, 330 Fair Lane,

Placerville, CA 95667Fresno County Air Pollution Control District, 1221 Fulton

Mall, Fresno, CA 93721Glenn County Air Pollution Control District, P.O. Box

351, 720 North Colusa Street, Willows, CA 95988Great Basin Unified Air Pollution Control District, 157

Short Street, Suite 6, Bishop, CA 93514Imperial County Air Pollution Control District, County

Services Building, 939 West Main Street, El Centro,CA 92243

Kern County Air Pollution Control District, 1601 HStreet, Suite 250, Bakersfield, CA 93301

Kings County Air Pollution Control District, 330 CampusDrive, Hanford, CA 93230

Lake County Air Pollution Control District, 255 NorthForbes Street, Lakeport, CA 95453

Lassen County Air Pollution Control District, 175 RussellAvenue, Susanville, CA 96130

Madera County Air Pollution Control District, 135 W.Yosemite Avenue, Madera, CA 93637.

5

§ 60.4

Mariposa County Air Pollution Control District, Box 5,Mariposa, CA 95338

Mendocino County Air Pollution Control District, CountyCourthouse, Ukiah, CA 95482.

Merced County Air Pollution Control District, P.O. Box471, 240 East 15th Street, Merced, CA 95340

Modoc County Air Pollution Control District, 202 West4th Street, Alturas, CA 96101

Monterey Bay Unified Air Pollution Control, 1164 Mon-roe Street, Suite 10, Salinas, CA 93906

Nevada County Air Pollution Control District, H.E.W.Complex, Nevada City, CA 95959

North Coast Unified Air Quality Management District,5630 South Broadway, Eureka, CA 95501

Northern Sonoma County Air Pollution Control District,134 ‘‘A’’ Avenue, Auburn, CA 95448

Placer County Air Pollution Control District, 11491 ‘‘B’’Avenue, Auburn, CA 95603

Plumas County Air Pollution Control District, P.O. Box480, Quincy, CA 95971

Sacramento County Air Pollution Control District, 3701Branch Center Road, Sacramento, CA 95827.

San Bernardino County Air Pollution Control District,15579–8th, Victorville, CA 92392

San Diego County Air Pollution Control District, 9150Chesapeake Drive, San Diego, CA 92123.

San Joaquin County Air Pollution Control District, 1601E. Hazelton Street (P.O. Box 2009) Stockton, CA95201.

San Luis Obispo County Air Pollution Control District,P.O. Box 637, San Luis Obispo, CA 93406

Santa Barbara County Air Pollution Control District, 315Camino del Rimedio, Santa Barbara, CA 93110

Shasta County Air Pollution Control District, 2650 Hos-pital Lane, Redding, CA 96001

Sierra County Air Pollution Control District, P.O. Box286, Downieville, CA 95936

Siskiyou County Air Pollution Control District, 525 SouthFoothill Drive, Yreka, CA 96097

South Coast Air Quality Management District, 9150 FlairDrive, El Monte, CA 91731

Stanislaus County Air Pollution Control District, 1030Scenic Drive, Modesto, CA 95350

Sutter County Air Pollution Control District, Sutter Coun-ty Office Building, 142 Garden Highway, Yuba City,CA 95991

Tehama County Air Pollution Control District, P.O. Box38, 1760 Walnut Street, Red Bluff, CA 96080

Tulare County Air Pollution Control District, CountyCivic Center, Visalia, CA 93277

Tuolumne County Air Pollution Control District, 9 NorthWashington Street, Sonora, CA 95370

Ventura County Air Pollution Control District, 800 SouthVictoria Avenue, Ventura, CA 93009

Yolo-Solano Air Pollution Control District, P.O. Box1006, 323 First Street, #5, Woodland, CA 95695

(1) The following table lists the specific source and pol-lutant categories that have been delegated to the air pollu-tion control agencies in California. A star (*) is used toindicate each category that has been delegated.

E:GRAPHICS EC01JN92.002E:GRAPHICS EC01JN92.003(G) State of Colorado, Department of Health, Air Pol-

lution Control Division, 4210 East 11th Avenue, Denver,CO 80220.

EDITORIAL NOTE: For a table listing Region VIII’sNSPS delegation status, see paragraph (c) of this section.

(H) State of Connecticut, Bureau of Air Management,Department of Environmental Protection, State OfficeBuilding, 165 Capitol Avenue, Hartford, CT 06106.

(I) State of Delaware, Delaware Department of NaturalResources and Environmental Control, 89 Kings High-way, P.O. Box 1401, Dover, DE 19901

(J) District of Columbia, Department of Consumer andRegulatory Affairs, 5000 Overlook Avenue SW., Wash-ington DC 20032.

(K) Bureau of Air Quality Management, Department ofEnvironmental Regulation, Twin Towers Office Building,2600 Blair Stone Road, Tallahassee, FL 32301.

(L) State of Georgia, Environmental Protection Divi-sion, Department of Natural Resources, 270 WashingtonStreet, SW., Atlanta, GA 30334.

(M) Hawaii Department of Health, 1250 PunchbowlStreet, Honolulu, HI 96813Hawaii Department of Health (mailing address), Post Of-

fice Box 3378, Honolulu, HI 96801(N) State of Idaho, Department of Health and Welfare,

Statehouse, Boise, ID 83701.(O) [Reserved](P) State of Indiana, Indiana Department of Environ-

mental Management, 105 South Meridian Street, P.O.Box 6015, Indianapolis, IN 46206.

(Q) State of Iowa: Iowa Department of Natural Re-sources, Environmental Protection Division, Henry A.Wallace Building, 900 East Grand, Des Moines, IO50319.

(R) State of Kansas: Kansas Department of Health andEnvironment, Bureau of Air Quality and Radiation Con-trol, Forbes Field, Topeka, KS 66620.

(S) Division of Air Pollution Control, Department forNatural Resources and Environmental Protection, U.S.127, Frankfort, KY 40601.

(T) State of Louisiana: Program Administrator, AirQuality Division, Louisiana Department of EnvironmentalQuality, P.O. Box 44096, Baton Rouge, LA 70804.

(U) State of Maine, Bureau of Air Quality Control, De-partment of Environmental Protection, State House, Sta-tion No. 17, Augusta, ME 04333.

(V) State of Maryland: Bureau of Air Quality andNoise Control, Maryland State Department of Health andMental Hygiene, 201 West Preston Street, Baltimore, MD21201.

(W) Commonwealth of Massachusetts, Division of AirQuality Control, Department of Environmental Protection,One Winter Street, 7th floor, Boston, MA 02108.

(X) State of Michigan, Air Pollution Control Division,Michigan Department of Natural Resources, Stevens T.Mason Building, 8th Floor, Lansing, MI 48926.

(Y) Minnesota Pollution Control Agency, Division ofAir Quality, 520 Lafayette Road, St. Paul, MN 55155.

(Z) Bureau of Pollution Control, Department of NaturalResources, P.O. Box 10385, Jackson, MS 39209.

(AA) State of Missouri: Missouri Department of Natu-ral Resources, Division of Environmental Quality, P.O.Box 176, Jefferson City, MO 65102.

(BB) State of Montana, Department of Health and En-vironmental Services, Air Quality Bureau, CogswellBuilding, Helena, MT 59601.


6

§ 60.4

(CC) State of Nebraska, Nebraska Department of Envi-ronmental Control, P.O. Box 94877, State House Station,Lincoln, NE 68509.Lincoln-Lancaster County Health Department, Division of

Environmental Health, 2200 St. Marys Avenue, Lin-coln, NE 68502

(DD) Nevada:Nevada Department of Conservation and Natural Re-

sources, Division of Environmental Protection, 201South Fall Street, Carson City, NV 89710.

Clark County County District Health Department, AirPollution Control Division, 625 Shadow Lane, LasVegas, NV 89106.

Washoe County District Health Department, Division ofEnvironmental Protection, 10 Kirman Avenue, Reno,NV 89502.

(1) The following table lists the specific source and pol-lutant categories that have been delegated to the air pollu-tion control agencies in Nevada. A star (*) is used to in-dicate each category that has been delegated.

E:GRAPHICS EC01JN92.004E:GRAPHICS EC01JN92.005(EE) State of New Hampshire, Air Resources Division,

Department of Environmental Services, 64 North MainStreet, Caller Box 2033, Concord, NH 03302–2033.

(FF) State of New Jersey: New Jersey Department ofEnvironmental Protection, Division of EnvironmentalQuality, Enforcement Element, John Fitch Plaza, CN–027,Trenton, NJ 08625.

(1) The following table lists the specific source andpollutant categories that have been delegated to the statesin Region II. The (X) symbol is used to indicate each cat-egory that has been delegated.

Subpart

State

New Jersey New York Puerto Rico Virgin Is-lands

D Fossil-Fuel Fired Steam Generators for Which ConstructionCommenced After August 17, 1971 (Steam Generators andLignite Fired Steam Generators).

X ............... X ............... X ............... X

Da Electric Utility Steam Generating Units for Which ConstructionCommenced After September 18, 1978.

X ............... X ...............

Db Industrial-Commercial-Institutional Steam Generating Units ...... X ............... X ............... X ............... XE Incinerators ................................................................................. X ............... X ............... X ............... XF Portland Cement Plants .............................................................. X ............... X ............... X ............... XG Nitric Acid Plants ......................................................................... X ............... X ............... X ............... XH Sulfuric Acid Plants ..................................................................... X ............... X ............... X ............... XI Asphalt Concrete Plants ............................................................. X ............... X ............... X ............... XJ Petroleum Refineries—(All Categories) ...................................... X ............... X ............... X ............... XK Storage Vessels for Petroleum Liquids Constructed After June

11, 1973, and prior to May 19, 1978.X ............... X ............... X ............... X

Ka Storage Vessels for Petroleum Liquids Constructed After May18, 1978.

X ............... X ............... X ...............

L Secondary Lead Smelters .......................................................... X ............... X ............... X ............... XM Secondary Brass and Bronze Ingot Production Plants .............. X ............... X ............... X ............... XN Iron and Steel Plants .................................................................. X ............... X ............... X ............... XO Sewage Treatment Plants .......................................................... X ............... X ............... X ............... XP Primary Copper Smelters ........................................................... X ............... X ............... X ............... XQ Primary Zinc Smelters ................................................................ X ............... X ............... X ............... XR Primary Lead Smelters ............................................................... X ............... X ............... X ............... XS Primary Aluminum Reduction Plants .......................................... X ............... X ............... X ............... XT Phosphate Fertilizer Industry: Wet Process Phosphoric Acid

Plants.X ............... X ............... X ............... X

U Phosphate Fertilizer Industry: Superphosphoric Acid Plants ..... X ............... X ............... X ............... XV Phosphate Fertilizer Industry: Diammonium Phosphate Plants X ............... X ............... X ............... XW Phosphate Fertilizer Industry: Triple Superphosphate Plants .... X ............... X ............... X ............... XX Phosphate Fertilizer Industry: Granular Triple Superphosphate X ............... X ............... X ............... XY Coal Preparation Plants .............................................................. X ............... X ............... X ............... XZ Ferroally Production Facilities ..................................................... X ............... X ............... X ............... XAA Steel Plants: Electric Arc Furnaces ............................................ X ............... X ............... X ............... XAAa Electric Arc Furnaces and Argon-Oxygen Decarburization Ves-

sels in Steel Plants.X ............... X ............... X ...............

BB Kraft Pulp Mills ............................................................................ X ............... X ............... X ...............CC Glass Manufacturing Plants ........................................................ X ............... X ............... X ...............DD Grain Elevators ........................................................................... X ............... X ............... X ...............EE Surface Coating of Metal Furniture ............................................ X ............... X ............... X ...............GG Stationary Gas Turbines ............................................................. X ............... X ............... X ...............HH Lime Plants ................................................................................. X ............... X ............... X ...............KK Lead Acid Battery Manufacturing Plants .................................... X ............... X ...............LL Metallic Mineral Processing Plants ............................................. X ............... X ............... X ...............MM Automobile and Light-Duty Truck Surface Coating Operations X ............... X ............... ..............NN Phosphate Rock Plants .............................................................. X ............... X ...............

7

§ 60.4

Subpart

State

New Jersey New York Puerto Rico Virgin Is-lands

PP Ammonium Sulfate Manufacturing Plants .................................. X ............... X ...............QQ Graphic Art Industry Publication Rotogravure Printing ............... X ............... X ............... X ............... XRR Pressure Sensitive Tape and Label Surface Coating Oper-

ations.X ............... X ............... X ...............

SS Industrial Surface Coating: Large Appliances ............................ X ............... X ............... X ...............TT Metal Coil Surface Coating ......................................................... X ............... X ............... X ...............UU Asphalt Processing and Asphalt Roofing Manufacture .............. X ............... X ............... X ...............VV Equipment Leaks of Volatile Organic Compounds in Synthetic

Organic Chemical Manufacturing Industry.X ............... X ...............

WW Beverage Can Surface Coating Industry .................................... X ............... X ............... X ...............XX Bulk Gasoline Terminals ............................................................. X ............... X ............... X ...............FFF Flexible Vinyl and Urethane Coating and Printing ..................... X ............... X ............... X ...............GGG Equipment Leaks of VOC in Petroleum Refineries .................... X ............... X ...............HHH Synthetic Fiber Production Facilities .......................................... X ............... X ...............JJJ Petroleum Dry Clearners ............................................................ X ............... X ............... X ...............KKK Equipment Leaks of VOC from Onshore Natural Gas Process-

ing Plants.LLL Onshore Natural Gas Processing Plants; SO2 Emissions ......... X ...............OOO Nonmetallic Mineral Processing Plants ...................................... X ............... X ...............PPP Wool Fiberglass Insulation Manufacturing Plants ...................... X ............... X ...............

(GG) State of New Mexico: Director, New Mexico En-vironmental Improvement Division, Health and Environ-ment Department, 1190 St. Francis Drive, Santa Fe, NM87503.

(i) The City of Albuquerque and Bernalillo County: Di-rector, The Albuquerque Environmental Health Depart-ment, The City of Albuquerque, P.O. Box 1293, Albu-querque, NM 87103.

(HH) New York: New York State Department of Envi-ronmental Conservation, 50 Wolf Road Albany, NewYork 12233, attention: Division of Air Resources.

(II) North Carolina Environmental Management Com-mission, Department of Natural and Economic Resources,Division of Environmental Management, P.O. Box 27687,Raleigh, NC 27611. Attention: Air Quality Section.

(JJ) State of North Dakota, State Department of Healthand Consolidated Laboratories, Division of EnvironmentalEngineering, State Capitol, Bismarck, ND 58505.


(KK) State of Ohio:(i) Medina, Summit and Portage Counties; Director,

Akron Regional Air Quality Management District, 177South Broadway, Akron, OH 44308.

(ii) Stark County; Director, Air Pollution Control Divi-sion, Canton City Health Department, City Hall AnnexSecond Floor, 218 Cleveland Avenue SW., Canton, OH44702.

(iii) Butler, Clermont, Hamilton and Warren Counties:Director, Southwestern Ohio Air Pollution Control Agen-cy, 2400 Beekman Street, Cincinnati, OH 45214.

(iv) Cuyahoga County: Commissioner, Division of AirPollution Control Department of Public Health and Wel-fare, 2735 Broadway Avenue, Cleveland, OH 44115.

(v) Belmont, Carroll, Columbiana, Harrison, Jefferson,and Monroe Counties: Director, North Ohio Valley AirAuthority (NOVAA), 814 Adams Street, Steubenville, OH43952.

(vi) Clark, Darke, Greene, Miami, Montgomery, andPreble Counties: Supervisor, Regional Air Pollution Con-trol Agency (RAPCA), Montgomery County Health De-partment, 451 West Third Street, Dayton, OH 45402.

(vii) Lucas County and the City of Rossford (in WoodCounty): Director, Toledo Environmental Services Agen-cy, 26 Main Street, Toledo, OH 43605.

(viii) Adams, Brown, Lawrence, and Scioto Counties;Engineer-Director, Air Division, Portsmouth City HealthDepartment, 740 Second Street, Portsmouth, OH 45662.

(ix) Allen, Ashland, Auglaize, Crawford, Defiance,Erie, Fulton, Hancock Hardin, Henry, Huron, Marion,Mercer, Ottawa, Paulding, Putnam, Richland, Sandusky,Seneca, Van Wert, Williams, Wood (except City ofRossford), and Wyandot Counties: Ohio EnvironmentalProtection Agency, Northwest District Air Pollution Unit1035 Dezlac Grove Drive, Bowling Green, OH 43402.

(x) Ashtabula, Holmes, Lorain, and Wayne Counties:Ohio Environmental Protection Agency, Northeast DistrictOffice, Air Pollution Unit, 2110 East Aurora Road,Twinsburg, OH 44087.

(xi) Athens, Coshocton, Gallia, Guernsey, Hocking,Jackson, Meigs, Morgan, Muskingum, Noble, Perry, Pike,Ross, Tuscarawas, Vinton, and Washington Counties:Ohio Environmental Protection Agency, Southeast DistrictOffice, Air Pollution Unit, 2195 Front Street, Logan, OH43138.

(xii) Champaign, Clinton, Highland, Logan, and ShelbyCounties: Ohio Environmental Protection Agency, South-west District Office, Air Pollution Unit, East FourthStreet, Dayton, OH 45402.

(xiii) Delaware, Fairfield, Fayette, Franklin, Knox,Licking, Madison, Morrow, Pickaway, and Union Coun-ties: Ohio Environmental Protection Agency, Central Dis-trict Office, Air Pollution Unit, P.O. Box 1049, Colum-bus, OH 43266–0149.

(xiv) Geauga and Lake Counties: Lake County GeneralHealth District, Air Pollution Control, 105 Main Street,Painesville, OH 44077.

8

§ 60.4

(xv) Mahoning and Trumbull Counties: Mahoning-Trumbull Air Pollution Control Agency, 9 West FrontStreet, Youngstown, OH 44503.

(LL) State of Oklahoma, Oklahoma State Departmentof Health, Air Quality Service, P.O. Box 53551, Okla-homa City, OK 73152.

(i) Oklahoma City and County: Director, OklahomaCity-County Health Department, 921 Northeast 23rdStreet, Oklahoma City, OK 73105.

(ii) Tulsa County: Tulsa City-County Health Depart-ment, 4616 East Fifteenth Street, Tulsa, OK 74112.

(MM) State of Oregon, Department of EnvironmentalQuality, Yeon Building, 522 S.W. Fifth, Portland, OR97204.

(i)—(viii) [Reserved](ix) Lane Regional Air Pollution Authority, 225 North

Fifth, Suite 501, Springfield, OR 97477.(NN) (a) City of Philadelphia: Philadelphia Department

of Public Health, Air Management Services, 500 S. BroadStreet, Philadelphia, PA 19146.

(b) Commonwealth of Pennsylvania: Department of En-vironmental Resources, Post Office Box 2063, Harrisburg,PA 17120.

(c) Allegheny County: Allegheny County Health De-partment, Bureau of Air Pollution Control, 301 Thirty-ninth Street, Pittsburgh, PA 15201.

(OO) State of Rhode Island, Division of Air and Haz-ardous Materials, Department of Environmental Manage-ment, 291 Promenade Street, Providence, RI 02908.

(PP) State of South Carolina, Office of EnvironmentalQuality Control, Department of Health and EnvironmentalControl, 2600 Bull Street, Columbia, SC 29201.

(QQ) State of South Dakota, Department of Water andNatural Resources, Office of Air Quality and SolidWaste, Joe Foss Building, 523 East Capitol, Pierre, SD57501—3181.

EDITORIAL NOTE: For a table listing Region VIII’sNSPS delegation status, see paragragh (c) of this section.

(RR) Division of Air Pollution Control, Tennessee De-partment of Public Health, 256 Capitol Hill Building,Nashville, TN 37219.

Knox County Department of Air Pollution, City/CountyBuilding, Room L222, 400 Main Avenue, Knoxville,TN 37902.

Air Pollution Control Bureau, Metropolitan Health De-partment, 311 23rd Avenue North, Nashville, TN37203.(SS) State of Texas, Texas Air Control Board, 6330

Highway 290 East, Austin, TX 78723.(TT) State of Utah, Department of Health, Bureau of

Air Quality, 288 North 1460 West, P.O. Box 16690, SaltLake City, UT 84113—0690.


(UU) State of Vermont, Air Pollution Control Division,Agency of Natural Resources, Building 3 South, 103South Main Street, Waterbury, VT 05676.

(VV) Commonwealth of Virginia, Virginia State AirPollution Control Board, Room 1106, Ninth Street OfficeBuilding, Richmond, VA 23219.

(WW)(i) Washington: Washington Departmentof Ecology, Post Office Box 47600, Olympia, WA98504.

(ii) Benton-Franklin Counties Clean Air Author-ity (BFCCAA), 650 George Washington Way,Richland, WA 99352.

(iii) Northwest Air Pollution Authority(NWAPA), 302 Pine Street, #207, Mt. Vernon,WA 98273–3852.

(iv) Olympic Air Pollution Control Authority(OAPCA), 909 Sleater-Kinney Rd. SE - Suite 1,Lacey, WA 98503.

(v) Puget Sound Air Pollution Control Authority(PSAPCA), 110 Union Street, Suite 500, Seattle,WA 98101.

(vi) Southwest Air Pollution Control Authority(SWAPCA), 1308 N.E. 134th Street, Suite D,Vancouver, WA 98685–2747.

(vii) Spokane County Air Pollution Control Au-thority (SCAPCA), West 1101 College Avenue,Health Building, Room 403, Spokane, WA 99201.

(viii) [Reserved](ix) The following is a table indicating the dele-

gation status of the New Source PerformanceStandards for the State of Washington.

9

§ 60.4

DE

LEG

AT

ION

OF

AU

TH

OR

ITY—

NE

WS

OU

RC

EP

ER

FO

RM

AN

CE

ST

AN

DA

RD

SS

TA

TE

OF

WA

SH

ING

TO

N

Sub

part

Des

crip

tion

WD

OE

1B

FC

CA

A2

NW

AP

CA

3O

AP

CA

4P

SA

PC

A5

SW

AP

CA

6S

CA

PC

A7

A...

......

......

...G

ener

al P

rovi

sion

s...

......

......

......

......

......

......

......

......

......

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

D...

......

......

..F

ossi

l-Fue

l-Fire

d S

team

Gen

erat

ors

......

......

......

......

......

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

Da

......

......

...E

lect

ric U

tility

Ste

am G

ener

atin

g U

nits

......

......

......

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93D

b...

......

......

Indu

stria

l-Com

mer

cial

-Ins

titut

iona

l Ste

am G

ener

atin

g U

nits

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

Dc

......

......

....

Sm

all I

ndus

tria

l-Com

mer

cial

-Ins

titut

iona

l Ste

am G

ener

atin

g U

nits

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

E...

......

......

...In

cine

rato

rs...

......

......

......

......

......

......

......

......

......

......

......

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

Ea

......

......

....

Mun

icip

al W

aste

Com

bust

ion

......

......

......

......

......

......

......

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93F

......

......

......

Por

tland

Cem

ent

Pla

nts

......

......

......

......

......

......

......

......

......

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

G...

......

......

..N

itric

Aci

d P

lant

s...

......

......

......

......

......

......

......

......

......

......

......

......

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93H

......

......

.....

Sul

furic

Aci

d P

lant

s...

......

......

......

......

......

......

......

......

......

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

I...

......

......

....

Asp

halt

Con

cret

e P

lant

s...

......

......

......

......

......

......

......

......

......

......

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93J

......

......

......

Pet

role

um R

efin

erie

s...

......

......

......

......

......

......

......

......

......

......

......

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93K

......

......

......

Pet

role

um L

iqui

d S

tora

ge V

esse

ls 6

/11/

73–5

/19/

78...

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93K

a...

......

......

.P

etro

leum

Liq

uid

Sto

rage

Ves

sels

Afte

r 5/

18/7

8–7/

23/8

4...

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

Kb

......

......

....

Vol

atile

Org

anic

Liq

uid

Sto

rage

Ves

sels

Afte

r 7/

23/8

4...

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93L

......

......

......

Sec

onda

ry L

ead

Sm

elte

rs...

......

......

......

......

......

......

......

......

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

M...

......

......

..B

rass

& B

ronz

e In

got

Pro

duct

ion

Pla

nts

......

......

......

......

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

N...

......

......

..Ir

on &

Ste

el P

lant

s: B

OP

F P

artic

ulat

e...

......

......

......

......

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

Na

......

......

...Ir

on &

Ste

el P

lant

s: B

OP

F,

Hot

Met

al &

Ski

mm

ing

Sta

tions

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93O

......

......

.....

Sew

age

Tre

atm

ent

Pla

nts

......

......

......

......

......

......

......

......

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93P

......

......

......

Prim

ary

Cop

per

Sm

elte

rs...

......

......

......

......

......

......

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93Q

......

......

.....

Prim

ary

Zin

c S

mel

ters

......

......

......

......

......

......

......

......

......

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93R

......

......

.....

Prim

ary

Lead

Sm

elte

rs...

......

......

......

......

......

......

......

......

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

S...

......

......

...P

rimar

y A

lum

inum

Red

uctio

n P

lant

s...

......

......

......

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93T

......

......

......

Wet

Pro

cess

Pho

spho

ric A

cid

Pla

nts

......

......

......

......

......

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93U

......

......

.....

Sup

erph

osph

oric

Aci

d P

lant

s...

......

......

......

......

......

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93V

......

......

......

Dia

mm

oniu

m P

hosp

hate

Pla

nts

......

......

......

......

......

......

......

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

W...

......

......

..T

riple

Sup

erph

osph

ate

Pla

nts

......

......

......

......

......

......

......

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93X

......

......

......

Gra

nula

r T

riple

Sup

erph

osph

ate

Sto

rage

Fac

ilitie

s...

......

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93Y

......

......

......

Coa

l Pre

para

tion

Pla

nts

......

......

......

......

......

......

......

......

......

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

Z...

......

......

...F

erro

allo

y P

rodu

ctio

n F

acili

ties

......

......

......

......

......

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93A

A...

......

......

Ste

el P

lant

Ele

ctric

Arc

Fur

nace

s 10

/21/

74–8

/17/

83...

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93A

Aa

......

......

.S

teel

Pla

nt E

lect

ric A

rc F

urna

ces

& A

rgon

-Oxy

gen

Dec

arbu

rizat

ion

Ves

sels

afte

r 8/

7/83

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93

BB

......

......

...K

raft

Pul

p M

ills

......

......

......

......

......

......

......

......

......

......

......

......

......

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93C

C...

......

......

Gla

ss M

anuf

actu

ring

Pla

nts

......

......

......

......

......

......

......

......

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

DD

......

......

...G

rain

Ele

vato

rs...

......

......

......

......

......

......

......

......

......

......

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

EE

......

......

...S

urfa

ce C

oatin

g of

Met

al F

urni

ture

......

......

......

......

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93G

G...

......

.....

Sta

tiona

ry G

as T

urbi

nes

......

......

......

......

......

......

......

......

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

HH

......

......

...Li

me

Man

ufac

turin

g P

lant

s...

......

......

......

......

......

......

......

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

KK

......

......

...Le

ad-A

cid

Bat

tery

Man

ufac

turin

g P

lant

......

......

......

......

......

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

LL...

......

......

.M

etal

lic M

iner

al P

roce

ssin

g P

lant

s...

......

......

......

......

......

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

MM

......

......

..A

utom

obile

& L

ight

Dut

y T

ruck

Sur

face

Coa

ting

Ope

ratio

ns...

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

NN

......

......

...P

hosp

hate

Roc

k P

lant

s...

......

......

......

......

......

......

......

......

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

PP

......

......

...A

mm

oniu

m S

ulfa

te M

anuf

actu

re...

......

......

......

......

......

......

......

......

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93Q

Q...

......

.....

Gra

phic

Art

s In

dust

ry:

Pub

licat

ion

Rot

ogra

vure

Prin

ting

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

10

§ 60.4

DE

LEG

AT

ION

OF

AU

TH

OR

ITY—

NE

WS

OU

RC

EP

ER

FO

RM

AN

CE

ST

AN

DA

RD

SS

TA

TE

OF

WA

SH

ING

TO

N—

Con

tinue

d

Sub

part

Des

crip

tion

WD

OE

1B

FC

CA

A2

NW

AP

CA

3O

AP

CA

4P

SA

PC

A5

SW

AP

CA

6S

CA

PC

A7

RR

......

......

...P

ress

ure

Sen

sitiv

e T

ape

& L

abel

Sur

face

Coa

ting

Ope

ratio

ns...

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93S

S...

......

......

Indu

stria

l Sur

face

Coa

ting:

Lar

ge A

pplia

nces

......

......

......

......

......

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93T

T...

......

......

.M

etal

Coi

l Sur

face

Coa

ting

......

......

......

......

......

......

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93U

U...

......

......

Asp

halt

Pro

cess

ing

& A

spha

lt R

oofin

g M

anuf

actu

rer

......

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93V

V...

......

......

SO

CM

I E

quip

men

t Le

aks

(VO

C)

......

......

......

......

......

......

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

WW

......

......

.B

ever

age

Can

Sur

face

Coa

ting

Ope

ratio

ns...

......

......

......

......

......

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93X

X...

......

......

Bul

k G

asol

ine

Ter

min

als

......

......

......

......

......

......

......

......

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

AA

A...

......

....

Res

iden

tial W

ood

Hea

ters

......

......

......

......

......

......

......

......

......

......

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93B

BB

......

......

.R

ubbe

r T

ire M

anuf

actu

ring

......

......

......

......

......

......

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93D

DD

......

......

Pol

ymer

Man

ufac

turin

g In

dust

ry (

VO

C)

......

......

......

......

......

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

FF

F...

......

....

Fle

xibl

e V

inyl

and

Ure

than

e C

oatin

g an

d P

rintin

g...

......

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

GG

G...

......

...E

quip

men

t Le

aks

of V

OC

in P

etro

leum

Ref

iner

ies

......

......

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

HH

H...

......

...S

ynth

etic

Fib

er P

rodu

ctio

n F

acili

ties

......

......

......

......

......

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

III...

......

......

..V

OC

Em

issi

ons

from

SO

CM

I A

ir O

xida

tion

Uni

t P

roce

sses

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

JJJ

......

......

...P

etro

leum

Dry

Cle

aner

s...

......

......

......

......

......

......

......

......

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93K

KK

......

......

.V

OC

Em

issi

ons

from

Ons

hore

Nat

ural

Gas

Pro

duct

ion

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

LLL

......

......

..O

nsho

re N

atur

al G

as P

rodu

ctio

n (S

O2)

......

......

......

......

......

......

......

.....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

NN

N...

......

...V

OC

Em

issi

ons

from

SO

CM

I D

istil

latio

n F

acili

ties

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93O

OO

......

......

Non

met

allic

Min

eral

Pro

cess

ing

Pla

nts

......

......

......

......

......

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

PP

P...

......

....

Woo

l Fib

ergl

ass

Insu

latio

n M

anuf

actu

ring

Pla

nts

......

......

......

......

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93Q

QQ

......

......

VO

C E

mis

sion

s fr

om P

etro

leum

Ref

iner

y W

aste

wat

er S

yste

ms

......

...01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93S

SS

......

......

.M

agne

tic T

ape

Coa

ting

Fac

ilitie

s...

......

......

......

......

......

......

......

......

......

.01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93T

TT

......

......

.S

urfa

ce C

oatin

g of

Pla

stic

Par

ts f

or B

usin

ess

Mac

hine

s...

......

......

......

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

UU

U...

......

...C

alci

ners

& D

ryer

s In

Min

eral

Ind

ustr

ies

......

......

......

......

......

......

......

....

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

01/0

1/93

VV

V...

......

....

Pol

ymer

ic C

oatin

g of

Sup

port

Sub

stra

tes

Fac

ilitie

s...

......

......

......

......

..01

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

9301

/01/

93

1W

DO

E—

Sta

te o

f W

ashi

ngto

n D

epar

tmen

t of

Eco

logy

.2B

FC

CA

A—

Ben

ton

Fra

nklin

Cou

ntie

s C

lean

Air

Aut

horit

y.3N

WA

PC

A—

Nor

thw

est

Air

Pol

lutio

n C

ontr

ol A

utho

rity.

4O

AP

CA

—O

lym

pic

Air

Pol

lutio

n C

ontr

ol A

utho

rity.

5P

SA

PC

A—

Pug

et S

ound

Air

Pol

lutio

n C

ontr

ol A

genc

y.6S

WA

PC

A—

Sou

thw

est

Air

Pol

lutio

n C

ontr

ol A

utho

rity.

7S

CA

PC

A—

Spo

kane

Cou

nty

Air

Pol

lutio

n C

ontr

ol A

utho

rity.

11

§ 60.4

(XX) State of West Virginia: Air Pollution ControlCommission, 1558 Washington Street East, Charleston,WV 25311.

(YY) Wisconsin—Wisconsin Department of NaturalResources, P.O. Box 7921, Madison, WI 53707.

(ZZ) State of Wyoming, Department of EnvironmentalQuality, Air Quality Division, Herschler Building, 122West 25th Street, Cheyenne, WY 82002.


(AAA) Territory of Guam: Guam Environmental Pro-tection Agency, Post Office Box 2999, Agana, Guam96910.

(1) The following table lists the specific source andpollutant categories that have been delegated to the air

pollution control agency in Guam. A star (*) is used toindicate each category that has been delegated.

E:GRAPHICS EC01JN92.006E:GRAPHICS EC01JN92.007(BBB) Commonwealth of Puerto Rico: Commonwealth

of Puerto Rico Environmental Quality Board, P.O. Box11488, Santurce, PR 00910, Attention: Air Quality AreaDirector (see table under § 60.4(b)(FF)(1)).

(CCC) U.S. Virgin Islands: U.S. Virgin Islands Depart-ment of Conservation and Cultural Affairs, P.O. Box 578,Charlotte Amalie, St. Thomas, VI 00801.

(c) The following is a table indicating the dele-gation status of New Source Performance Stand-ards for Region VIII.

DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS[(NSPS) for Region VIII]

SubpartState

CO MT 1 ND 1 SD 1 UT 1 WY

A General Provisions .......................................................................... (*) (*) (*) (*) (*) (*)D Fossil Fueled Fired Steam Generators ........................................... (*) (*) (*) (*) (*) (*)Da Electric Utility Steam Generators .................................................. (*) (*) (*) (*) (*) (*)Db Industrial-Commercial-Institutional Steam Generators .................. (*) (*) (*) (*) (*) (*)Dc Industrial-Commercial-Institutional Steam Generators .................. ............ (*) (*) ............ (*) (*)E Incinerators ...................................................................................... (*) (*) (*) (*) (*) (*)Ea Municipal Waste Combustors ........................................................ ............ (*) (*) (*) (*) (*)F Portland Cement Plants ................................................................... (*) (*) (*) (*) (*) (*)G Nitric Acid Plants ............................................................................. (*) (*) (*) ............ (*) (*)H Sulfuric Acid Plants ......................................................................... (*) (*) (*) ............ (*) (*)I Asphalt Concrete Plants ................................................................... (*) (*) (*) (*) (*) (*)J Petroleum Refineries ........................................................................ (*) (*) (*) ............ (*) (*)K Petroleum Storage Vessels (6/11/73–5/19/78) ............................... (*) (*) (*) (*) (*) (*)Ka Petroleum Storage Vessels (5/18/78–7/23/84) ............................. (*) (*) (*) (*) (*) (*)Kb Petroleum Storage Vessels (after 7/23/84) ................................... ............ (*) (*) (*) (*) (*)L Secondary Lead Smelters ................................................................ (*) (*) (*) ............ (*) (*)M Secondary Brass & Bronze Production Plants ............................... (*) (*) (*) ............ (*) (*)N Primary Emissions from Basic Oxygen Process Furnaces (after 6/

11/73) ................................................................................................. (*) (*) (*) ............ (*) (*)Na Secondary Emissions from Basic Oxygen Process Furnaces

(after 1/20/83) ..................................................................................... (*) (*) (*) ............ (*) (*)O Sewage Treatment Plants ............................................................... (*) (*) (*) (*) (*) (*)P Primary Copper Smelters ................................................................ (*) (*) (*) ............ (*) (*)Q Primary Zinc Smelters ..................................................................... (*) (*) (*) ............ (*) (*)R Primary Lead Smelter ...................................................................... (*) (*) (*) ............ (*) (*)S Primary Aluminum Reduction Plants ............................................... (*) (*) (*) ............ (*) (*)T Phosphate Fertilizer Industry: Wet Process Phosphoric Plants ...... (*) (*) (*) ............ (*) (*)U Phosphate Fertilizer Industry: Superphosphoric Acid Plants .......... (*) (*) (*) ............ (*) (*)V Phosphate Fertilizer Industry: Diammonium Phosphate Plants ...... (*) (*) (*) ............ (*) (*)W Phosphate Fertilizer Industry: Triple Superphosphate Plants ........ (*) (*) (*) ............ (*) (*)X Phosphate Fertilizer Industry: Granular Triple Superphosphate

Storage Facilities ................................................................................ (*) (*) (*) ............ (*) (*)Y Coal Preparation Plants ................................................................... (*) (*) (*) (*) (*) (*)Z Ferroalloy Production Facilities ........................................................ (*) (*) (*) ............ (*) (*)AA Steel Plants: Electric Arc Furnaces (10/21/74—8/17/83) ............. (*) (*) (*) ............ (*) (*)AAa Steel Plants: Electric Arc Furnaces and Argon-Oxygen

Decarburization Vessels (after 8/7/83) .............................................. ............ (*) (*) ............ (*) (*)BB Kraft Pulp Mills .............................................................................. (*) (*) (*) ............ (*) (*)CC Glass Manufacturing Plants .......................................................... (*) (*) (*) ............ (*) (*)DD Grain Elevators ............................................................................. (*) (*) (*) (*) (*) (*)EE Surface Coating of Metal Furniture ............................................... (*) (*) (*) ............ (*) (*)GG Stationary Gas Turbines ............................................................... (*) (*) (*) (*) (*) (*)HH Lime Manufacturing Plants ........................................................... (*) (*) (*) (*) (*) (*)KK Lead Acid Battery Plants ............................................................... (*) (*) (*) ............ (*) (*)LL Metallic Mineral Processing Plants ................................................ (*) (*) (*) (*) (*) (*)MM Automobile & Light Duty Truck Surface Coating Operations ...... (*) (*) (*) ............ (*) (*)NN Phosphate Rock Plants ................................................................ (*) (*) (*) ............ (*) (*)PP Ammonium Sulfate Manufacturing ................................................ (*) (*) (*) ............ (*) (*)QQ Graphic Arts Industry: Publication Rotogravure Printing ............. (*) (*) (*) ............ (*) (*)RR Pressure Sensitive Tape & Label Surface Coating ...................... (*) (*) (*) ............ (*) (*)

12

§ 60.5

DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS—Continued[(NSPS) for Region VIII]

SubpartState

CO MT 1 ND 1 SD 1 UT 1 WY

SS Industrial Surface Coating: Large Appliances ............................... (*) (*) (*) ............ (*) (*)TT Metal Coil Surface Coating ............................................................ (*) (*) (*) ............ (*) (*)UU Asphalt Processing & Asphalt Roofing Manufacture .................... (*) (*) (*) ............ (*) (*)VV Synthetic Organic Chemicals Manufacturing: Equipment Leaks

of VOC ............................................................................................... (*) (*) (*) ............ (*) (*)WW Beverage Can Surface Coating Industry .................................... (*) (*) (*) ............ (*) (*)XX Bulk Gasoline Terminals ............................................................... (*) (*) (*) ............ (*) (*)AAA Residential Wood Heaters .......................................................... ............ (*) (*) ............ (*) (*)BBB Rubber Tires ............................................................................... ............ (*) (*) ............ (*) (*)DDD VOC Emissions from Polymer Manufacturing Industry ............. ............ (*) ............ ............ (*) (*)FFF Flexible Vinyl & Urethane Coating & Printing ............................. (*) (*) (*) ............ (*) (*)GGG Equipment Leaks of VOC in Petroleum Refineries ................... (*) (*) (*) ............ (*) (*)HHH Synthetic Fiber Production ......................................................... (*) (*) (*) ............ (*) (*)III VOC Emissions from the Synthetic Organic Chemical Manufac-

turing Industry Air Oxidation Unit Processes ..................................... ............ (*) (*) ............ (*) (*)JJJ Petroleum Dry Cleaners ............................................................... (*) (*) (*) ............ (*) (*)KKK Equipment Leaks of VOC from Onshore Natural Gas Process-

ing Plants ........................................................................................... (*) (*) (*) ............ (*) (*)LLL Onshore Natural Gas Processing: SO2 Emissions ..................... (*) (*) (*) ............ (*) (*)NNN VOC Emissions from the Synthetic Organic Chemical Manu-

facturing Industry Distillation Operations ........................................... ............ (*) (*) ............ (*) (*)OOO Nonmetallic Mineral Processing Plants ..................................... (*) (*) (*) (*) (*) (*)PPP Wool Fiberglass Insulation Manufacturing Plants ...................... (*) (*) (*) ............ (*) (*)QQQ VOC Emissions from Petroleum Refinery Wastewater Sys-

tems .................................................................................................... ............ (*) (*) ............ (*) (*)SSS Magnetic Tape Industry .............................................................. ............ (*) (*) ............ (*) (*)TTT Plastic Parts for Business Machine Coatings ............................. ............ (*) (*) ............ (*) (*)VVV Polymeric Coating of Supporting Substrates .............................. ............ (*) (*) ............ (*) (*)

1 Indicates approval of New Source Performance Standards as part of the State Implementation Plan (SIP).(*) Indicates approval of state regulation.

[40 FR 18169, Apr. 25, 1975]

EDITORIAL NOTE: For FEDERAL REGISTER citationsaffecting § 60.4 see the List of CFR Sections Affected ap-pearing in the Finding Aids section of this volume.

§ 60.5 Determination of constructionor modification.

(a) When requested to do so by an owner or op-erator, the Administrator will make a determina-tion of whether action taken or intended to betaken by such owner or operator constitutes con-struction (including reconstruction) or modificationor the commencement thereof within the meaningof this part.

(b) The Administrator will respond to any re-quest for a determination under paragraph (a) ofthis section within 30 days of receipt of such re-quest.

[40 FR 58418, Dec. 16, 1975]

§ 60.6 Review of plans.

(a) When requested to do so by an owner or op-erator, the Administrator will review plans forconstruction or modification for the purpose ofproviding technical advice to the owner or opera-tor.

(b)(1) A separate request shall be submitted foreach construction or modification project.

(2) Each request shall identify the location ofsuch project, and be accompanied by technical in-formation describing the proposed nature, size, de-sign, and method of operation of each affected fa-cility involved in such project, including informa-tion on any equipment to be used for measurementor control of emissions.

(c) Neither a request for plans review nor ad-vice furnished by the Administrator in response tosuch request shall (1) relieve an owner or operatorof legal responsibility for compliance with anyprovision of this part or of any applicable State orlocal requirement, or (2) prevent the Administratorfrom implementing or enforcing any provision ofthis part or taking any other action authorized bythe Act.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314,Mar. 8, 1974]

§ 60.7 Notification and record keeping.

(a) Any owner or operator subject to the provi-sions of this part shall furnish the Administratorwritten notification as follows:

(1) A notification of the date construction (orreconstruction as defined under § 60.15) of an af-

13

§ 60.7

fected facility is commenced postmarked no laterthan 30 days after such date. This requirementshall not apply in the case of mass-produced fa-cilities which are purchased in completed form.

(2) A notification of the anticipated date of ini-tial startup of an affected facility postmarked notmore than 60 days nor less than 30 days prior tosuch date.

(3) A notification of the actual date of initialstartup of an affected facility postmarked within15 days after such date.

(4) A notification of any physical or operationalchange to an existing facility which may increasethe emission rate of any air pollutant to which astandard applies, unless that change is specificallyexempted under an applicable subpart or in§ 60.14(e). This notice shall be postmarked 60days or as soon as practicable before the changeis commenced and shall include information de-scribing the precise nature of the change, presentand proposed emission control systems, productivecapacity of the facility before and after the change,and the expected completion date of the change.The Administrator may request additional relevantinformation subsequent to this notice.

(5) A notification of the date upon which dem-onstration of the continuous monitoring systemperformance commences in accordance with§ 60.13(c). Notification shall be postmarked notless than 30 days prior to such date.

(6) A notification of the anticipated date forconducting the opacity observations required by§ 60.11(e)(1) of this part. The notification shallalso include, if appropriate, a request for the Ad-ministrator to provide a visible emissions readerduring a performance test. The notification shallbe postmarked not less than 30 days prior to suchdate.

(7) A notification that continuous opacity mon-itoring system data results will be used to deter-mine compliance with the applicable opacitystandard during a performance test required by§ 60.8 in lieu of Method 9 observation data as al-lowed by § 60.11(e)(5) of this part. This notifica-tion shall be postmarked not less than 30 daysprior to the date of the performance test.

(b) Any owner or operator subject to the provi-sions of this part shall maintain records of the oc-currence and duration of any startup, shutdown, ormalfunction in the operation of an affected facil-ity; any malfunction of the air pollution controlequipment; or any periods during which a continu-ous monitoring system or monitoring device is in-operative.

(c) Each owner or operator required to install acontinuous monitoring system (CMS) or monitor-ing device shall submit an excess emissions andmonitoring systems performance report (excessemissions are defined in applicable subparts) and/

or a summary report form (see paragraph (d) ofthis section) to the Administrator semiannually,except when: more frequent reporting is specifi-cally required by an applicable subpart; or theCMS data are to be used directly for compliancedetermination, in which case quarterly reports shallbe submitted; or the Administrator, on a case-by-case basis, determines that more frequent reportingis necessary to accurately assess the compliancestatus of the source. All reports shall be post-marked by the 30th day following the end of eachcalendar half (or quarter, as appropriate). Writtenreports of excess emissions shall include the fol-lowing information:

(1) The magnitude of excess emissions com-puted in accordance with § 60.13(h), any conver-sion factor(s) used, and the date and time of com-mencement and completion of each time period ofexcess emissions. The process operating time dur-ing the reporting period.

(2) Specific identification of each period of ex-cess emissions that occurs during startups, shut-downs, and malfunctions of the affected facility.The nature and cause of any malfunction (ifknown), the corrective action taken or preventativemeasures adopted.

(3) The date and time identifying each periodduring which the continuous monitoring systemwas inoperative except for zero and span checksand the nature of the system repairs or adjust-ments.

(4) When no excess emissions have occurred orthe continuous monitoring system(s) have not beeninoperative, repaired, or adjusted, such informationshall be stated in the report.

(d) The summary report form shall contain theinformation and be in the format shown in figure1 unless otherwise specified by the Administrator.One summary report form shall be submitted foreach pollutant monitored at each affected facility.

(1) If the total duration of excess emissions forthe reporting period is less than 1 percent of thetotal operating time for the reporting period andCMS downtime for the reporting period is lessthan 5 percent of the total operating time for thereporting period, only the summary report formshall be submitted and the excess emission reportdescribed in § 60.7(c) need not be submitted unlessrequested by the Administrator.

(2) If the total duration of excess emissions forthe reporting period is 1 percent or greater of thetotal operating time for the reporting period or thetotal CMS downtime for the reporting period is 5percent or greater of the total operating time forthe reporting period, the summary report form andthe excess emission report described in § 60.7(c)shall both be submitted.

14

§ 60.7

FIGURE 1—SUMMARY REPORT—GASEOUS AND

OPACITY EXCESS EMISSION AND MONITORING

SYSTEM PERFORMANCE

Pollutant (Circle One—SO2/NOX/TRS/H2S/CO/Opacity)Reporting period dates: From _____ to _____Company:

Emission Limitation ———————————————Address:Monitor Manufacturer and Model No. ————————Date of Latest CMS Certification or Audit ——————Process Unit(s) Description:Total source operating time in reporting period 1 ———

Emission data summary 1 CMS performance summary 1

1. Duration of excess emissions in reporting perioddue to:

1. CMS downtime in reporting period due to:

a. Startup/shutdown ................................................ .............. a. Monitor equipment malfunctions ....................... ..............b. Control equipment problems .............................. .............. b. Non-Monitor equipment malfunctions ............... ..............c. Process problems ............................................... .............. c. Quality assurance calibration ............................ ..............d. Other known causes .......................................... .............. d. Other known causes ......................................... ..............e. Unknown causes ................................................ .............. e. Unknown causes ............................................... ..............

2. Total duration of excess emission ......................... .............. 2. Total CMS Downtime ............................................ ..............3. Total duration of excess emissions × (100) [Total

source operating time].% 2 3. [Total CMS Downtime] × (100) [Total source op-

erating time].% 2

1 For opacity, record all times in minutes. For gases, record all times in hours.2 For the reporting period: If the total duration of excess emissions is 1 percent or greater of the total operating time or the total

CMS downtime is 5 percent or greater of the total operating time, both the summary report form and the excess emission reportdescribed in § 60.7(c) shall be submitted.

On a separate page, describe any changes since lastquarter in CMS, process or controls. I certify that the in-formation contained in this report is true, accurate, andcomplete.

————————————————————————Name

————————————————————————Signature

————————————————————————Title

————————————————————————Date

(e)(1) Notwithstanding the frequency of report-ing requirements specified in paragraph (c) of thissection, an owner or operator who is required byan applicable subpart to submit excess emissionsand monitoring systems performance reports (andsummary reports) on a quarterly (or more fre-quent) basis may reduce the frequency of reportingfor that standard to semiannual if the followingconditions are met:

(i) For 1 full year (e.g., 4 quarterly or 12monthly reporting periods) the affected facility’sexcess emissions and monitoring systems reportssubmitted to comply with a standard under thispart continually demonstrate that the facility is incompliance with the applicable standard;

(ii) The owner or operator continues to complywith all recordkeeping and monitoring require-ments specified in this subpart and the applicablestandard; and

(iii) The Administrator does not object to a re-duced frequency of reporting for the affected facil-ity, as provided in paragraph (e)(2) of this section.

(2) The frequency of reporting of excess emis-sions and monitoring systems performance (andsummary) reports may be reduced only after theowner or operator notifies the Administrator in

writing of his or her intention to make such achange and the Administrator does not object tothe intended change. In deciding whether to ap-prove a reduced frequency of reporting, the Ad-ministrator may review information concerning thesource’s entire previous performance history dur-ing the required recordkeeping period prior to theintended change, including performance test re-sults, monitoring data, and evaluations of anowner or operator’s conformance with operationand maintenance requirements. Such informationmay be used by the Administrator to make a judg-ment about the source’s potential for noncompli-ance in the future. If the Administrator dis-approves the owner or operator’s request to reducethe frequency of reporting, the Administrator willnotify the owner or operator in writing within 45days after receiving notice of the owner or opera-tor’s intention. The notification from the Adminis-trator to the owner or operator will specify thegrounds on which the disapproval is based. In theabsence of a notice of disapproval within 45 days,approval is automatically granted.

(3) As soon as monitoring data indicate that theaffected facility is not in compliance with anyemission limitation or operating parameter speci-fied in the applicable standard, the frequency ofreporting shall revert to the frequency specified inthe applicable standard, and the owner or operatorshall submit an excess emissions and monitoringsystems performance report (and summary report,if required) at the next appropriate reporting pe-riod following the noncomplying event. Afterdemonstrating compliance with the applicablestandard for another full year, the owner or opera-tor may again request approval from the Adminis-trator to reduce the frequency of reporting for that

15

§ 60.8

standard as provided for in paragraphs (e)(1) and(e)(2) of this section.

(f) Any owner or operator subject to the provi-sions of this part shall maintain a file of all meas-urements, including continuous monitoring system,monitoring device, and performance testing meas-urements; all continuous monitoring system per-formance evaluations; all continuous monitoringsystem or monitoring device calibration checks;adjustments and maintenance performed on thesesystems or devices; and all other information re-quired by this part recorded in a permanent formsuitable for inspection. The file shall be retainedfor at least two years following the date of suchmeasurements, maintenance, reports, and records.

(g) If notification substantially similar to that inparagraph (a) of this section is required by anyother State or local agency, sending the Adminis-trator a copy of that notification will satisfy the re-quirements of paragraph (a) of this section.

(h) Individual subparts of this part may includespecific provisions which clarify or make inap-plicable the provisions set forth in this section.

[36 FR 24877, Dec. 28, 1971, as amended at 40 FR46254, Oct. 6, 1975; 40 FR 58418, Dec. 16, 1975; 45 FR5617, Jan. 23, 1980; 48 FR 48335, Oct. 18, 1983; 50 FR53113, Dec. 27, 1985; 52 FR 9781, Mar. 26, 1987; 55 FR51382, Dec. 13, 1990; 59 FR 12428, Mar. 16, 1994; 59FR 47265, Sep. 15, 1994]

§ 60.8 Performance tests.

(a) Within 60 days after achieving the maxi-mum production rate at which the affected facilitywill be operated, but not later than 180 days afterinitial startup of such facility and at such othertimes as may be required by the Administratorunder section 114 of the Act, the owner or opera-tor of such facility shall conduct performancetest(s) and furnish the Administrator a written re-port of the results of such performance test(s).

(b) Performance tests shall be conducted anddata reduced in accordance with the test methodsand procedures contained in each applicable sub-part unless the Administrator (1) specifies or ap-proves, in specific cases, the use of a referencemethod with minor changes in methodology, (2)approves the use of an equivalent method, (3) ap-proves the use of an alternative method the resultsof which he has determined to be adequate for in-dicating whether a specific source is in compli-ance, (4) waives the requirement for performancetests because the owner or operator of a sourcehas demonstrated by other means to the Adminis-trator’s satisfaction that the affected facility is incompliance with the standard, or (5) approvesshorter sampling times and smaller sample vol-umes when necessitated by process variables orother factors. Nothing in this paragraph shall be

construed to abrogate the Administrator’s authorityto require testing under section 114 of the Act.

(c) Performance tests shall be conducted undersuch conditions as the Administrator shall specifyto the plant operator based on representative per-formance of the affected facility. The owner or op-erator shall make available to the Administratorsuch records as may be necessary to determine theconditions of the performance tests. Operationsduring periods of startup, shutdown, and malfunc-tion shall not constitute representative conditionsfor the purpose of a performance test nor shallemissions in excess of the level of the applicableemission limit during periods of startup, shutdown,and malfunction be considered a violation of theapplicable emission limit unless otherwise speci-fied in the applicable standard.

(d) The owner or operator of an affected facilityshall provide the Administrator at least 30 daysprior notice of any performance test, except asspecified under other subparts, to afford the Ad-ministrator the opportunity to have an observerpresent.

(e) The owner or operator of an affected facilityshall provide, or cause to be provided, perform-ance testing facilities as follows:

(1) Sampling ports adequate for test methodsapplicable to such facility. This includes (i) con-structing the air pollution control system such thatvolumetric flow rates and pollutant emission ratescan be accurately determined by applicable testmethods and procedures and (ii) providing a stackor duct free of cyclonic flow during performancetests, as demonstrated by applicable test methodsand procedures.

(2) Safe sampling platform(s).(3) Safe access to sampling platform(s).(4) Utilities for sampling and testing equipment.(f) Unless otherwise specified in the applicable

subpart, each performance test shall consist ofthree separate runs using the applicable test meth-od. Each run shall be conducted for the time andunder the conditions specified in the applicablestandard. For the purpose of determining compli-ance with an applicable standard, the arithmeticmeans of results of the three runs shall apply. Inthe event that a sample is accidentally lost or con-ditions occur in which one of the three runs mustbe discontinued because of forced shutdown, fail-ure of an irreplaceable portion of the sample train,extreme meteorological conditions, or other cir-cumstances, beyond the owner or operator’s con-trol, compliance may, upon the Administrator’sapproval, be determined using the arithmetic meanof the results of the two other runs.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314,Mar. 8, 1974; 42 FR 57126, Nov. 1, 1977; 44 FR 33612,June 11, 1979; 54 FR 6662, Feb. 14, 1989; 54 FR 21344,May 17, 1989]

16

§ 60.9

§ 60.9 Availability of information.The availability to the public of information

provided to, or otherwise obtained by, the Admin-istrator under this part shall be governed by part2 of this chapter. (Information submitted volun-tarily to the Administrator for the purposes of§§ 60.5 and 60.6 is governed by §§ 2.201 through2.213 of this chapter and not by § 2.301 of thischapter.)

§ 60.10 State authority.The provisions of this part shall not be con-

strued in any manner to preclude any State or po-litical subdivision thereof from:

(a) Adopting and enforcing any emission stand-ard or limitation applicable to an affected facility,provided that such emission standard or limitationis not less stringent than the standard applicable tosuch facility.

(b) Requiring the owner or operator of an af-fected facility to obtain permits, licenses, or ap-provals prior to initiating construction, modifica-tion, or operation of such facility.

§ 60.11 Compliance with standards andmaintenance requirements.

(a) Compliance with standards in this part, otherthan opacity standards, shall be determined onlyby performance tests established by § 60.8, unlessotherwise specified in the applicable standard.

(b) Compliance with opacity standards in thispart shall be determined by conducting observa-tions in accordance with Reference Method 9 inappendix A of this part, any alternative methodthat is approved by the Administrator, or as pro-vided in paragraph (e)(5) of this section. For pur-poses of determining initial compliance, the mini-mum total time of observations shall be 3 hours(30 6-minute averages) for the performance test orother set of observations (meaning those fugitive-type emission sources subject only to an opacitystandard).

(c) The opacity standards set forth in this partshall apply at all times except during periods ofstartup, shutdown, malfunction, and as otherwiseprovided in the applicable standard.

(d) At all times, including periods of startup,shutdown, and malfunction, owners and operatorsshall, to the extent practicable, maintain and oper-ate any affected facility including associated airpollution control equipment in a manner consistentwith good air pollution control practice for mini-mizing emissions. Determination of whether ac-ceptable operating and maintenance procedures arebeing used will be based on information availableto the Administrator which may include, but is notlimited to, monitoring results, opacity observa-tions, review of operating and maintenance proce-dures, and inspection of the source.

(e)(1) For the purpose of demonstrating initialcompliance, opacity observations shall be con-ducted concurrently with the initial performancetest required in § 60.8 unless one of the followingconditions apply. If no performance test under§ 60.8 is required, then opacity observations shallbe conducted within 60 days after achieving themaximum production rate at which the affected fa-cility will be operated but no later than 180 daysafter initial startup of the facility. If visibility orother conditions prevent the opacity observationsfrom being conducted concurrently with the initialperformance test required under § 60.8, the sourceowner or operator shall reschedule the opacity ob-servations as soon after the initial performance testas possible, but not later than 30 days thereafter,and shall advise the Administrator of the resched-uled date. In these cases, the 30-day prior notifica-tion to the Administrator required in § 60.7(a)(6)shall be waived. The rescheduled opacity observa-tions shall be conducted (to the extent possible)under the same operating conditions that existedduring the initial performance test conducted under§ 60.8. The visible emissions observer shall deter-mine whether visibility or other conditions preventthe opacity observations from being made concur-rently with the initial performance test in accord-ance with procedures contained in ReferenceMethod 9 of appendix B of this part. Opacityreadings of portions of plumes which contain con-densed, uncombined water vapor shall not be usedfor purposes of determing compliance with opacitystandards. The owner or operator of an affected fa-cility shall make available, upon request by theAdministrator, such records as may be necessaryto determine the conditions under which the visualobservations were made and shall provide evi-dence indicating proof of current visible observeremission certification. Except as provided in para-graph (e)(5) of this section, the results of continu-ous monitoring by transmissometer which indicatethat the opacity at the time visual observationswere made was not in excess of the standard areprobative but not conclusive evidence of the actualopacity of an emission, provided that the sourceshall meet the burden of proving that the instru-ment used meets (at the time of the alleged viola-tion) Performance Specification 1 in appendix Bof this part, has been properly maintained and (atthe time of the alleged violation) that the resultingdata have not been altered in any way.

(2) Except as provided in paragraph (e)(3) ofthis section, the owner or operator of an affectedfacility to which an opacity standard in this partapplies shall conduct opacity observations in ac-cordance with paragraph (b) of this section, shallrecord the opacity of emissions, and shall report tothe Administrator the opacity results along withthe results of the initial performance test required

17

§ 60.12

under § 60.8. The inability of an owner or operatorto secure a visible emissions observer shall not beconsidered a reason for not conducting the opacityobservations concurrent with the initial perform-ance test.

(3) The owner or operator of an affected facilityto which an opacity standard in this part appliesmay request the Administrator to determine and torecord the opacity of emissions from the affectedfacility during the initial performance test and atsuch times as may be required. The owner or op-erator of the affected facility shall report the opac-ity results. Any request to the Administrator to de-termine and to record the opacity of emissionsfrom an affected facility shall be included in thenotification required in § 60.7(a)(6). If, for somereason, the Administrator cannot determine andrecord the opacity of emissions from the affectedfacility during the performance test, then the pro-visions of paragraph (e)(1) of this section shallapply.

(4) An owner or operator of an affected facilityusing a continuous opacity monitor (transmis-someter) shall record the monitoring data producedduring the initial performance test required by§ 60.8 and shall furnish the Administrator a writtenreport of the monitoring results along with Method9 and § 60.8 performance test results.

(5) An owner or operator of an affected facilitysubject to an opacity standard may submit, forcompliance purposes, continuous opacity monitor-ing system (COMS) data results produced duringany performance test required under § 60.8 in lieuof Method 9 observation data. If an owner or op-erator elects to submit COMS data for compliancewith the opacity standard, he shall notify the Ad-ministrator of that decision, in writing, at least 30days before any performance test required under§ 60.8 is conducted. Once the owner or operator ofan affected facility has notified the Administratorto that effect, the COMS data results will be usedto determine opacity compliance during subse-quent tests required under § 60.8 until the owneror operator notifies the Administrator, in writing,to the contrary. For the purpose of determiningcompliance with the opacity standard during a per-formance test required under § 60.8 using COMSdata, the minimum total time of COMS data col-lection shall be averages of all 6-minute continu-ous periods within the duration of the mass emis-sion performance test. Results of the COMS opac-ity determinations shall be submitted along withthe results of the performance test required under§ 60.8. The owner or operator of an affected facil-ity using a COMS for compliance purposes is re-sponsible for demonstrating that the COMS meetsthe requirements specified in § 60.13(c) of thispart, that the COMS has been properly maintainedand operated, and that the resulting data have not

been altered in any way. If COMS data results aresubmitted for compliance with the opacity stand-ard for a period of time during which Method 9data indicates noncompliance, the Method 9 datawill be used to determine opacity compliance.

(6) Upon receipt from an owner or operator ofthe written reports of the results of the perform-ance tests required by § 60.8, the opacity observa-tion results and observer certification required by§ 60.11(e)(1), and the COMS results, if applicable,the Administrator will make a finding concerningcompliance with opacity and other applicablestandards. If COMS data results are used to com-ply with an opacity standard, only those results arerequired to be submitted along with the perform-ance test results required by § 60.8. If the Admin-istrator finds that an affected facility is in compli-ance with all applicable standards for which per-formance tests are conducted in accordance with§ 60.8 of this part but during the time such per-formance tests are being conducted fails to meetany applicable opacity standard, he shall notify theowner or operator and advise him that he may pe-tition the Administrator within 10 days of receiptof notification to make appropriate adjustment tothe opacity standard for the affected facility.

(7) The Administrator will grant such a petitionupon a demonstration by the owner or operatorthat the affected facility and associated air pollu-tion control equipment was operated and main-tained in a manner to minimize the opacity ofemissions during the performance tests; that theperformance tests were performed under the condi-tions established by the Administrator; and that theaffected facility and associated air pollution con-trol equipment were incapable of being adjusted oroperated to meet the applicable opacity standard.

(8) The Administrator will establish an opacitystandard for the affected facility meeting the aboverequirements at a level at which the source will beable, as indicated by the performance and opacitytests, to meet the opacity standard at all times dur-ing which the source is meeting the mass or con-centration emission standard. The Administratorwill promulgate the new opacity standard in theFEDERAL REGISTER.

(f) Special provisions set forth under an applica-ble subpart of this part shall supersede any con-flicting provisions of this section.

[38 FR 28565, Oct. 15, 1973, as amended at 39 FR39873, Nov. 12, 1974; 43 FR 8800, Mar. 3, 1978; 45 FR23379, Apr. 4, 1980; 48 FR 48335, Oct. 18, 1983; 50 FR53113, Dec. 27, 1985; 51 FR 1790, Jan. 15, 1986; 52 FR9781, Mar. 26, 1987]

§ 60.12 Circumvention.No owner or operator subject to the provisions

of this part shall build, erect, install, or use any ar-ticle, machine, equipment or process, the use of

18

§ 60.13

which conceals an emission which would other-wise constitute a violation of an applicable stand-ard. Such concealment includes, but is not limitedto, the use of gaseous diluents to achieve compli-ance with an opacity standard or with a standardwhich is based on the concentration of a pollutantin the gases discharged to the atmosphere.

[39 FR 9314, Mar. 8, 1974]

§ 60.13 Monitoring requirements.(a) For the purposes of this section, all continu-

ous monitoring systems required under applicablesubparts shall be subject to the provisions of thissection upon promulgation of performance speci-fications for continuous monitoring systems underappendix B to this part and, if the continuousmonitoring system is used to demonstrate compli-ance with emission limits on a continuous basis,appendix F to this part, unless otherwise specifiedin an applicable subpart or by the Administrator.Appendix F is applicable December 4, 1987.

(b) All continuous monitoring systems and mon-itoring devices shall be installed and operationalprior to conducting performance tests under § 60.8.Verification of operational status shall, as a mini-mum, include completion of the manufacturer’swritten requirements or recommendations for in-stallation, operation, and calibration of the device.

(c) If the owner or operator of an affected facil-ity elects to submit continous opacity monitoringsystem (COMS) data for compliance with theopacity standard as provided under § 60.11(e)(5),he shall conduct a performance evaluation of theCOMS as specified in Performance Specification1, appendix B, of this part before the performancetest required under § 60.8 is conducted. Otherwise,the owner or operator of an affected facility shallconduct a performance evaluation of the COMS orcontinuous emission monitoring system (CEMS)during any performance test required under § 60.8or within 30 days thereafter in accordance with theapplicable performance specification in appendixB of this part, The owner or operator of an af-fected facility shall conduct COMS or CEMS per-formance evaluations at such other times as maybe required by the Administrator under section114 of the Act.

(1) The owner or operator of an affected facilityusing a COMS to determine opacity complianceduring any performance test required under § 60.8and as described in § 60.11(e)(5) shall furnish theAdministrator two or, upon request, more copiesof a written report of the results of the COMS per-formance evaluation described in paragraph (c) ofthis section at least 10 days before the perform-ance test required under § 60.8 is conducted.

(2) Except as provided in paragraph (c)(1) ofthis section, the owner or operator of an affectedfacility shall furnish the Administrator within 60

days of completion two or, upon request, morecopies of a written report of the results of the per-formance evaluation.

(d)(1) Owners and operators of all continuousemission monitoring systems installed in accord-ance with the provisions of this part shall checkthe zero (or low-level value between 0 and 20 per-cent of span value) and span (50 to 100 percentof span value) calibration drifts at least once dailyin accordance with a written procedure. The zeroand span shall, as a minimum, be adjusted when-ever the 24-hour zero drift or 24-hour span driftexceeds two times the limits of the applicable per-formance specifications in appendix B. The systemmust allow the amount of excess zero and spandrift measured at the 24-hour interval checks to berecorded and quantified, whenever specified. Forcontinuous monitoring systems measuring opacityof emissions, the optical surfaces exposed to theeffluent gases shall be cleaned prior to performingthe zero and span drift adjustments except that forsystems using automatic zero adjustments. The op-tical surfaces shall be cleaned when the cumu-lative automatic zero compensation exceeds 4 per-cent opacity.

(2) Unless otherwise approved by the Adminis-trator, the following procedures shall be followedfor continuous monitoring systems measuringopacity of emissions. Minimum procedures shallinclude a method for producing a simulated zeroopacity condition and an upscale (span) opacitycondition using a certified neutral density filter orother related technique to produce a known obscu-ration of the light beam. Such procedures shallprovide a system check of the analyzer internaloptical surfaces and all electronic circuitry includ-ing the lamp and photodetector assembly.

(e) Except for system breakdowns, repairs, cali-bration checks, and zero and span adjustments re-quired under paragraph (d) of this section, all con-tinuous monitoring systems shall be in continuousoperation and shall meet minimum frequency ofoperation requirements as follows:

(1) All continuous monitoring systems ref-erenced by paragraph (c) of this section for meas-uring opacity of emissions shall complete a mini-mum of one cycle of sampling and analyzing foreach successive 10-second period and one cycle ofdata recording for each successive 6-minute pe-riod.

(2) All continuous monitoring systems ref-erenced by paragraph (c) of this section for meas-uring emissions, except opacity, shall complete aminimum of one cycle of operation (sampling,analyzing, and data recording) for each successive15-minute period.

(f) All continuous monitoring systems or mon-itoring devices shall be installed such that rep-resentative measurements of emissions or process

19

§ 60.13

parameters from the affected facility are obtained.Additional procedures for location of continuousmonitoring systems contained in the applicablePerformance Specifications of appendix B of thispart shall be used.

(g) When the effluents from a single affectedfacility or two or more affected facilities subjectto the same emission standards are combined be-fore being released to the atmosphere, the owneror operator may install applicable continuous mon-itoring systems on each effluent or on the com-bined effluent. When the affected facilities are notsubject to the same emission standards, separatecontinuous monitoring systems shall be installedon each effluent. When the effluent from one af-fected facility is released to the atmospherethrough more than one point, the owner or opera-tor shall install an applicable continuous monitor-ing system on each separate effluent unless the in-stallation of fewer systems is approved by the Ad-ministrator. When more than one continuous mon-itoring system is used to measure the emissionsfrom one affected facility (e.g., multiple breech-ings, multiple outlets), the owner or operator shallreport the results as required from each continuousmonitoring system.

(h) Owners or operators of all continuous mon-itoring systems for measurement of opacity shallreduce all data to 6-minute averages and for con-tinuous monitoring systems other than opacity to1-hour averages for time periods as defined in§ 60.2. Six-minute opacity averages shall be cal-culated from 36 or more data points equallyspaced over each 6-minute period. For continuousmonitoring systems other than opacity, 1-houraverages shall be computed from four or moredata points equally spaced over each 1-hour pe-riod. Data recorder during periods of continuousmonitoring system breakdowns, repairs, calibrationchecks, and zero and span adjustments shall not beincluded in the data averages computed under thisparagraph. An arithmetic or integrated average ofall data may be used. The data may be recordedin reduced or nonreduced form (e.g., ppm pollut-ant and percent O2 or ng/J of pollutant). All ex-cess emissions shall be converted into units of thestandard using the applicable conversion proce-dures specified in subparts. After conversion intounits of the standard, the data may be rounded tothe same number of significant digits as used inthe applicable subparts to specify the emissionlimit (e.g., rounded to the nearest 1 percent opac-ity).

(i) After receipt and consideration of written ap-plication, the Administrator may approve alter-natives to any monitoring procedures or require-ments of this part including, but not limited to thefollowing:

(1) Alternative monitoring requirements wheninstallation of a continuous monitoring system ormonitoring device specified by this part would notprovide accurate measurements due to liquid wateror other interferences caused by substances withthe effluent gases.

(2) Alternative monitoring requirements whenthe affected facility is infrequently operated.

(3) Alternative monitoring requirements to ac-commodate continuous monitoring systems that re-quire additional measurements to correct for stackmoisture conditions.

(4) Alternative locations for installing continu-ous monitoring systems or monitoring deviceswhen the owner or operator can demonstrate thatinstallation at alternate locations will enable accu-rate and representative measurements.

(5) Alternative methods of converting pollutantconcentration measurements to units of the stand-ards.

(6) Alternative procedures for performing dailychecks of zero and span drift that do not involveuse of span gases or test cells.

(7) Alternatives to the A.S.T.M. test methods orsampling procedures specified by any subpart.

(8) Alternative continuous monitoring systemsthat do not meet the design or performance re-quirements in Performance Specification 1, appen-dix B, but adequately demonstrate a definite andconsistent relationship between its measurementsand the measurements of opacity by a systemcomplying with the requirements in PerformanceSpecification 1. The Administrator may requirethat such demonstration be performed for each af-fected facility.

(9) Alternative monitoring requirements whenthe effluent from a single affected facility or thecombined effluent from two or more affected fa-cilities are released to the atmosphere throughmore than one point.

(j) An alternative to the relative accuracy testspecified in Performance Specification 2 of appen-dix B may be requested as follows:

(1) An alternative to the reference method testsfor determining relative accuracy is available forsources with emission rates demonstrated to beless than 50 percent of the applicable standard. Asource owner or operator may petition the Admin-istrator to waive the relative accuracy test in sec-tion 7 of Performance Specification 2 and sub-stitute the procedures in section 10 if the resultsof a performance test conducted according to therequirements in § 60.8 of this subpart or other testsperformed following the criteria in § 60.8 dem-onstrate that the emission rate of the pollutant ofinterest in the units of the applicable standard isless than 50 percent of the applicable standard. Forsources subject to standards expressed as controlefficiency levels, a source owner or operator may

20

§ 60.14

petition the Administrator to waive the relative ac-curacy test and substitute the procedures in section10 of Performance Specification 2 if the controldevice exhaust emission rate is less than 50 per-cent of the level needed to meet the control effi-ciency requirement. The alternative procedures donot apply if the continuous emission monitoringsystem is used to determine compliance continu-ously with the applicable standard. The petition towaive the relative accuracy test shall include a de-tailed description of the procedures to be applied.Included shall be location and procedure for con-ducting the alternative, the concentration or re-sponse levels of the alternative RA materials, andthe other equipment checks included in the alter-native procedure. The Administrator will reviewthe petition for completeness and applicability.The determination to grant a waiver will dependon the intended use of the CEMS data (e.g., datacollection purposes other than NSPS) and may re-quire specifications more stringent than in Per-formance Specification 2 (e.g., the applicableemission limit is more stringent than NSPS).

(2) The waiver of a CEMS relative accuracytest will be reviewed and may be rescinded atsuch time following successful completion of thealternative RA procedure that the CEMS data indi-cate the source emissions approaching the level ofthe applicable standard. The criterion for review-ing the waiver is the collection of CEMS datashowing that emissions have exceeded 70 percentof the applicable standard for seven, consecutive,averaging periods as specified by the applicableregulation(s). For sources subject to standards ex-pressed as control efficiency levels, the criterionfor reviewing the waiver is the collection ofCEMS data showing that exhaust emissions haveexceeded 70 percent of the level needed to meetthe control efficiency requirement for seven, con-secutive, averaging periods as specified by the ap-plicable regulation(s) [e.g., § 60.45(g) (2) and (3),§ 60.73(e), and § 60.84(e)]. It is the responsibilityof the source operator to maintain records and de-termine the level of emissions relative to the cri-terion on the waiver of relative accuracy testing.If this criterion is exceeded, the owner or operatormust notify the Administrator within 10 days ofsuch occurrence and include a description of thenature and cause of the increasing emissions. TheAdministrator will review the notification and mayrescind the waiver and require the owner or opera-tor to conduct a relative accuracy test of theCEMS as specified in section 7 of PerformanceSpecification 2.

[40 FR 46255, Oct. 6, 1975; 40 FR 59205, Dec. 22, 1975,as amended at 41 FR 35185, Aug. 20, 1976; 48 FR13326, Mar. 30, 1983; 48 FR 23610, May 25, 1983; 48FR 32986, July 20, 1983; 52 FR 9782, Mar. 26, 1987;52 FR 17555, May 11, 1987; 52 FR 21007, June 4, 1987]

§ 60.14 Modification.

(a) Except as provided under paragraphs (e) and(f) of this section, any physical or operationalchange to an existing facility which results in anincrease in the emission rate to the atmosphere ofany pollutant to which a standard applies shall beconsidered a modification within the meaning ofsection 111 of the Act. Upon modification, an ex-isting facility shall become an affected facility foreach pollutant to which a standard applies and forwhich there is an increase in the emission rate tothe atmosphere.

(b) Emission rate shall be expressed as kg/hr ofany pollutant discharged into the atmosphere forwhich a standard is applicable. The Administratorshall use the following to determine emission rate:

(1) Emission factors as specified in the latestissue of ‘‘Compilation of Air Pollutant EmissionFactors,’’ EPA Publication No. AP–42, or otheremission factors determined by the Administratorto be superior to AP–42 emission factors, in caseswhere utilization of emission factors demonstratethat the emission level resulting from the physicalor operational change will either clearly increaseor clearly not increase.

(2) Material balances, continuous monitor data,or manual emission tests in cases where utilizationof emission factors as referenced in paragraph(b)(1) of this section does not demonstrate to theAdministrator’s satisfaction whether the emissionlevel resulting from the physical or operationalchange will either clearly increase or clearly notincrease, or where an owner or operator dem-onstrates to the Administrator’s satisfaction thatthere are reasonable grounds to dispute the resultobtained by the Administrator utilizing emissionfactors as referenced in paragraph (b)(1) of thissection. When the emission rate is based on resultsfrom manual emission tests or continuous monitor-ing systems, the procedures specified in appendixC of this part shall be used to determine whetheran increase in emission rate has occurred. Testsshall be conducted under such conditions as theAdministrator shall specify to the owner or opera-tor based on representative performance of the fa-cility. At least three valid test runs must be con-ducted before and at least three after the physicalor operational change. All operating parameterswhich may affect emissions must be held constantto the maximum feasible degree for all test runs.

(c) The addition of an affected facility to a sta-tionary source as an expansion to that source or asa replacement for an existing facility shall not byitself bring within the applicability of this part anyother facility within that source.

(d) [Reserved](e) The following shall not, by themselves, be

considered modifications under this part:

21

§ 60.15

(1) Maintenance, repair, and replacement whichthe Administrator determines to be routine for asource category, subject to the provisions of para-graph (c) of this section and § 60.15.

(2) An increase in production rate of an existingfacility, if that increase can be accomplished with-out a capital expenditure on that facility.

(3) An increase in the hours of operation.(4) Use of an alternative fuel or raw material if,

prior to the date any standard under this part be-comes applicable to that source type, as providedby § 60.1, the existing facility was designed to ac-commodate that alternative use. A facility shall beconsidered to be designed to accommodate an al-ternative fuel or raw material if that use could beaccomplished under the facility’s constructionspecifications as amended prior to the change.Conversion to coal required for energy consider-ations, as specified in section 111(a)(8) of the Act,shall not be considered a modification.

(5) The addition or use of any system or devicewhose primary function is the reduction of air pol-lutants, except when an emission control system isremoved or is replaced by a system which the Ad-ministrator determines to be less environmentallybeneficial.

(6) The relocation or change in ownership of anexisting facility.

(f) Special provisions set forth under an applica-ble subpart of this part shall supersede any con-flicting provisions of this section.

(g) Within 180 days of the completion of anyphysical or operational change subject to the con-trol measures specified in paragraph (a) of thissection, compliance with all applicable standardsmust be achieved.

(h) No physical change, or change in the meth-od of operation, at an existing electric utility steamgenerating unit shall be treated as a modificationfor the purposes of this section provided that suchchange does not increase the maximum hourlyemissions of any pollutant regulated under thissection above the maximum hourly emissionsachievable at that unit during the 5 years prior tothe change.

(i) Repowering projects that are awarded fund-ing from the Department of Energy as permanentclean coal technology demonstration projects (orsimilar projects funded by EPA) are exempt fromthe requirements of this section provided that suchchange does not increase the maximum hourlyemissions of any pollutant regulated under thissection above the maximum hourly emissionsachievable at that unit during the five years priorto the change.

(j)(1) Repowering projects that qualify for anextension under section 409(b) of the Clean AirAct are exempt from the requirements of this sec-tion, provided that such change does not increase

the actual hourly emissions of any pollutant regu-lated under this section above the actual hourlyemissions achievable at that unit during the 5years prior to the change.

(2) This exemption shall not apply to any newunit that:

(i) Is designated as a replacement for an exist-ing unit;

(ii) Qualifies under section 409(b) of the CleanAir Act for an extension of an emission limitationcompliance date under section 405 of the CleanAir Act; and

(iii) Is located at a different site than the exist-ing unit.

(k) The installation, operation, cessation, or re-moval of a temporary clean coal technology dem-onstration project is exempt from the requirementsof this section. A temporary clean coal controltechnology demonstration project, for the purposesof this section is a clean coal technology dem-onstration project that is operated for a period of5 years or less, and which complies with the Stateimplementation plan for the State in which theproject is located and other requirements necessaryto attain and maintain the national ambient airquality standards during the project and after it isterminated.

(l) The reactivation of a very clean coal-firedelectric utility steam generating unit is exemptfrom the requirements of this section.

[40 FR 58419, Dec. 16, 1975, amended at 43 FR 34347,Aug. 3, 1978; 45 FR 5617, Jan. 23, 1980; 57 FR 32339,July 21, 1992]

§ 60.15 Reconstruction.(a) An existing facility, upon reconstruction, be-

comes an affected facility, irrespective of anychange in emission rate.

(b) ‘‘Reconstruction’’ means the replacement ofcomponents of an existing facility to such an ex-tent that:

(1) The fixed capital cost of the new compo-nents exceeds 50 percent of the fixed capital costthat would be required to construct a comparableentirely new facility, and

(2) It is technologically and economically fea-sible to meet the applicable standards set forth inthis part.

(c) ‘‘Fixed capital cost’’ means the capital need-ed to provide all the depreciable components.

(d) If an owner or operator of an existing facil-ity proposes to replace components, and the fixedcapital cost of the new components exceeds 50percent of the fixed capital cost that would be re-quired to construct a comparable entirely new fa-cility, he shall notify the Administrator of the pro-posed replacements. The notice must be post-marked 60 days (or as soon as practicable) before

22

§ 60.16

construction of the replacements is commencedand must include the following information:

(1) Name and address of the owner or operator.(2) The location of the existing facility.(3) A brief description of the existing facility

and the components which are to be replaced.(4) A description of the existing air pollution

control equipment and the proposed air pollutioncontrol equipment.

(5) An estimate of the fixed capital cost of thereplacements and of constructing a comparable en-tirely new facility.

(6) The estimated life of the existing facilityafter the replacements.

(7) A discussion of any economic or technicallimitations the facility may have in complyingwith the applicable standards of performance afterthe proposed replacements.

(e) The Administrator will determine, within 30days of the receipt of the notice required by para-graph (d) of this section and any additional infor-mation he may reasonably require, whether theproposed replacement constitutes reconstruction.

(f) The Administrator’s determination underparagraph (e) shall be based on:

(1) The fixed capital cost of the replacements incomparison to the fixed capital cost that would berequired to construct a comparable entirely newfacility;

(2) The estimated life of the facility after the re-placements compared to the life of a comparableentirely new facility;

(3) The extent to which the components beingreplaced cause or contribute to the emissions fromthe facility; and

(4) Any economic or technical limitations oncompliance with applicable standards of perform-ance which are inherent in the proposed replace-ments.

(g) Individual subparts of this part may includespecific provisions which refine and delimit theconcept of reconstruction set forth in this section.

[40 FR 58420, Dec. 16, 1975]

§ 60.16 Priority list.

PRIORITIZED MAJOR SOURCE CATEGORIES

Prior-ity

Num-ber 1

Source Category

1. Synthetic Organic Chemical Manufacturing Industry(SOCMI) and Volatile Organic Liquid Storage Ves-sels and Handling Equipment

(a) SOCMI unit processes(b) Volatile organic liquid (VOL) storage vessels and

handling equipment(c) SOCMI fugitive sources(d) SOCMI secondary sources

2. Industrial Surface Coating: Cans3. Petroleum Refineries: Fugitive Sources

PRIORITIZED MAJOR SOURCE CATEGORIES—Continued

Prior-ity

Num-ber 1

Source Category

4. Industrial Surface Coating: Paper5. Dry Cleaning

(a) Perchloroethylene(b) Petroleum solvent

6. Graphic Arts7. Polymers and Resins: Acrylic Resins8. Mineral Wool (Deleted)9. Stationary Internal Combustion Engines10. Industrial Surface Coating: Fabric11. Industrial-Commercial-Institutional Steam Generating

Units.12. Incineration: Non-Municipal (Deleted)13. Non-Metallic Mineral Processing14. Metallic Mineral Processing15. Secondary Copper (Deleted)16. Phosphate Rock Preparation17. Foundries: Steel and Gray Iron18. Polymers and Resins: Polyethylene19. Charcoal Production20. Synthetic Rubber

(a) Tire manufacture(b) SBR production

21. Vegetable Oil22. Industrial Surface Coating: Metal Coil23. Petroleum Transportation and Marketing24. By-Product Coke Ovens25. Synthetic Fibers26. Plywood Manufacture27. Industrial Surface Coating: Automobiles28. Industrial Surface Coating: Large Appliances29. Crude Oil and Natural Gas Production30. Secondary Aluminum31. Potash (Deleted)32. Lightweight Aggregate Industry: Clay, Shale, and

Slate 2

33. Glass34. Gypsum35. Sodium Carbonate36. Secondary Zinc (Deleted)37. Polymers and Resins: Phenolic38. Polymers and Resins: Urea-Melamine39. Ammonia (Deleted)40. Polymers and Resins: Polystyrene41. Polymers and Resins: ABS-SAN Resins42. Fiberglass43. Polymers and Resins: Polypropylene44. Textile Processing45. Asphalt Processing and Asphalt Roofing Manufacture46. Brick and Related Clay Products47. Ceramic Clay Manufacturing (Deleted)48. Ammonium Nitrate Fertilizer49. Castable Refractories (Deleted)50. Borax and Boric Acid (Deleted)51. Polymers and Resins: Polyester Resins52. Ammonium Sulfate53. Starch54. Perlite55. Phosphoric Acid: Thermal Process (Deleted)56. Uranium Refining57. Animal Feed Defluorination (Deleted)58. Urea (for fertilizer and polymers)59. Detergent (Deleted)

Other Source Categories

Lead acid battery manufacture 3

Organic solvent cleaning 3

Industrial surface coating: metal furniture 3

Stationary gas turbines 4

23

§ 60.17

PRIORITIZED MAJOR SOURCE CATEGORIES—Continued

Prior-ity

Num-ber 1

Source Category

Municipal solid waste landfills 4

1 Low numbers have highest priority, e.g., No. 1 is high pri-ority, No. 59 is low priority.

2 Formerly titled ‘‘Sintering: Clay and Fly Ash’’.3 Minor source category, but included on list since an NSPS

is being developed for that source category.4 Not prioritized, since an NSPS for this major source cat-

egory has already been promulgated.

[47 FR 951, Jan. 8, 1982, as amended at 47 FR 31876,July 23, 1982; 51 FR 42796, Nov. 25, 1986; 52 FR11428, Apr. 8, 1987; 61 FR 9919, Mar. 12, 1996]

§ 60.17 Incorporations by reference.The materials listed below are incorporated by

reference in the corresponding sections noted.These incorporations by reference were approvedby the Director of the Federal Register on the datelisted. These materials are incorporated as theyexist on the date of the approval, and a notice ofany change in these materials will be published inthe FEDERAL REGISTER. The materials are avail-able for purchase at the corresponding addressnoted below, and all are available for inspection atthe Office of the Federal Register, 800 North Cap-itol Street, NW., suite 700, Washington, DC andat the Library (MD–35), U.S. EPA, Research Tri-angle Park, NC.

(a) The following materials are available forpurchase from at least one of the following ad-dresses: American Society for Testing and Mate-rials (ASTM), 1916 Race Street, Philadelphia,Pennsylvania 19103; or the University MicrofilmsInternational, 300 North Zeeb Road, Ann Arbor,MI 48106.

(1) ASTM D388–77, Standard Specification for Classi-fication of Coals by Rank, incorporation by reference(IBR) approved for §§ 60.41(f); 60.45(f)(4)(i), (ii), (vi);60.41a; 60.41b; 60.41c; 60.25(b), (c).

(2) ASTM D3178–73, Standard Test Methods for Car-bon and Hydrogen in the Analysis Sample of Coal andCoke, IBR approved January 27, 1983 for § 60.45(f)(5)(i).

(3) ASTM D3176–74, Standard Method for UltimateAnalysis of Coal and Coke, IBR approved January 27,1983, for § 60.45(f)(5)(i); appendix A to part 60, Method19.

(4) ASTM D1137–53 (Reapproved 1975), StandardMethod for Analysis of Natural Gases and Related Typesof Gaseous Mixtures by the Mass Spectrometer, IBR ap-proved January 27, 1983 for § 60.45(f)(5)(i).

(5) ASTM D1945–64 (Reapproved 1976), StandardMethod for Analysis of Natural Gas by Gas Chroma-tography, IBR approved January 27, 1983 for§ 60.45(f)(5)(i).

(6) ASTM D1946–77, Standard Method for Analysis ofReformed Gas by Gas Chromatography, IBR approved for§§ 60.45(f)(5)(i), 60.18(f), 60.614(d)(2)(ii), 60.614(d)(4),

60.664(d)(2)(ii), 60.664(d)(4) and 60.564(f),60.704(d)(2)(ii) and 60.704(d)(4).

(7) ASTM D2015–77, Standard Test Method for GrossCalorific Value of Solid Fuel by the Adiabatic Bomb Cal-orimeter, IBR approved January 27, 1983 for§ 60.45(f)(5)(ii); § 60.46(g); appendix A to part 60, Meth-od 19.

(8) ASTM D1826–77, Standard Test Method for Calo-rific Value of Gases in Natural Gas Range by ContinuousRecording Calorimeter, IBR approved January 27, 1983,for §§ 60.45(f)(5)(ii); 60.46(g); 60.296(f); appendix A topart 60, Method 19.

(9) ASTM D240–76, Standard Test Method for Heat ofCombustion of Liquid Hydrocarbon Fuels by Bomb Calo-rimeter, IBR approved January 27, 1983, for § 60.46(g);60.296(f); appendix A to part 60, Method 19.

(10) ASTM D396–78, Standard Specification for FuelOils, IBR approved for §§ 60.40b; 60.41b; 60.41c;60.111(b); 60.111a(b).

(11) ASTM D2880–78, Standard Specification for GasTurbine Fuel Oils, IBR approved January 27, 1983 for§§ 60.111(b), 60.111a(b), 60.335(b)(2).

(12) ASTM D975–78, Standard Specification for DieselFuel Oils, IBR approved January 27, 1983 for§§ 60.111(b), 60.111a(b).

(13) ASTM D323–82, Test Method for Vapor Pressureof Petroleum Products (Reid Method), IBR approvedApril 8, 1987 for §§ 60.111(1), 60.111a(g), 60.111b(g),and 60.116b(f)(2)(ii).

(14) ASTM A99–76, Standard Specification forFerromanganese, IBR approved January 27, 1983 for§ 60.261.

(15) ASTM A483–64 (Reapproved 1974), StandardSpecification for Silicomanganese, IBR approved January27, 1983 for § 60.261.

(16) ASTM A101–73, Standard Specification forFerrochromium, IBR approved January 27, 1983 for§ 60.261.

(17) ASTM A100–69 (Reapproved 1974), StandardSpecification for Ferrosilicon, IBR approved January 27,1983 for § 60.261.

(18) ASTM A482–76, Standard Specification forFerrochromesilicon, IBR approved January 27, 1983 for§ 60.261.

(19) ASTM A495–76, Standard Specification for Cal-cium-Silicon and Calcium Manganese-Silicon, IBR ap-proved January 27, 1983 for § 60.261.

(20) ASTM D 1072–80, Standard Method for TotalSulfur in Fuel Gases, IBR approved July 31, 1984 for§ 60.335(b)(2).

(21) ASTM D2986–71 (Reapproved 1978), StandardMethod for Evaluation of Air, Assay Media by theMonodisperse DOP (Dioctyl Phthalate) Smoke Test, IBRapproved January 27, 1983 for appendix A to part 60,Method 5, par. 3.1.1; Method 12, par. 4.1.1; Method 17,par. 3.1.1.

(22) ASTM D 1193–77, Standard Specification for Re-agent Water, for appendix A to part 60, Method 6, par.3.1.1; Method 7, par. 3.2.2; Method 7C, par. 3.1.1; Meth-od 7D, par. 3.1.1; Method 8, par. 3.1.3; Method 12, par.4.1.3; Method 25D, par. 3.2.2.4; Method 26A, par. 3.1.1;Method 29, pars. 4.2.2., 4.4.2., and 4.5.6.

(23) [Reserved](24) ASTM D2234–76, Standard Methods for Collec-

tion of a Gross Sample of Coal, IBR approved January27, 1983, for appendix A to part 60, Method 19.

24

§ 60.17

(25) ASTM D3173–73, Standard Test Method forMoisture in the Analysis Sample of Coal and Coke, IBRapproved January 27, 1983, for appendix A to part 60,Method 19.

(26) ASTM D3177–75, Standard Test Methods forTotal Sulfur in the Analysis Sample of Coal and Coke,IBR approved January 27, 1983, for appendix A to part60, Method 19.

(27) ASTM D2013–72, Standard Method of PreparingCoal Samples for Analysis, IBR approved January 27,1983, for appendix A to part 60, Method 19.

(28) ASTM D270–65 (Reapproved 1975), StandardMethod of Sampling Petroleum and Petroleum Products,IBR approved January 27, 1983, for appendix A to part60, Method 19.

(29) ASTM D737–85, Standard Test Method for AirPermeability of Textile Fabrics, IBR approved January27, 1983 for §61.23(a).

(30) ASTM D1475–60 (Reapproved 1980), StandardTest Method for Density of Paint, Varnish, Lacquer, andRelated Products, IBR approved January 27, 1983 for§ 60.435(d)(1), appendix A to part 60, Method 24, par.2.1, and Method 24A, par. 2.2.

(31) ASTM D2369–81, Standard Test Method forVolatile Content of Coatings, IBR approved January 27,1983 for appendix A to part 60, Method 24.

(32) ASTM D3792–79, Standard Method for WaterContent of Water-Reducible Paints by Direct InjectionInto a Gas Chromatograph, IBR approved January 27,1983 for appendix A to part 60, Method 24, par. 2.3.

(33) ASTM D4017–81, Standard Test Method forWater in Paints and Paint Materials by the Karl FischerTitration Method, IBR approved January 27, 1983 for ap-pendix A to part 60, Method 24, par. 2.4.

(34) ASTM E169–63 (Reapproved 1977), GeneralTechniques of Ultraviolet Quantitative Analysis, IBR ap-proved for § 60.485(d), § 60.593(b), and § 60.632(f).

(35) ASTM E168–67 (Reapproved 1977), GeneralTechniques of Infrared Quantitative Analysis, IBR ap-proved for § 60.485(d), § 60.593(b), and § 60.632(f).

(36) ASTM E260–73, General Gas ChromatographyProcedures, IBR approved for § 60.485(d), § 60.593(b),and § 60.632(f).

(37) ASTM D2879–83, Test Method for Vapor Pres-sure—Temperature Relationship and Initial Decomposi-tion Temperature of Liquids by Isoteniscope, IBR ap-proved April 8, 1987 for §§ 60.485(e), 60.111b(f)(3),60.116b(e)(3)(ii), and 60.116b(f)(2)(i).

(38) ASTM D2382–76, Heat of Combustion of Hydro-carbon Fuels by Bomb Calorimeter [High-Precision Meth-od], IBR approved for §§ 60.18(f), 60.485(g),60.614(d)(4), 60.664(d)(4), and 60.564(f), and60.704(d)(4).

(39) ASTM D2504–67 (Reapproved 1977), Nonconden-sable Gases in C3 and Lighter Hydrocarbon Products byGas Chromatography, IBR approved for § 60.485(g).

(40) ASTM D86–78, Distillation of Petroleum Prod-ucts, IBR approved for § 60.593(d), § 60.633(h), and§ 60.562–2(d).

(41) [Reserved](42) ASTM D 3031–81, Standard Test Method for

Total Sulfur in Natural Gas by Hydrogenation, IBR ap-proved July 31, 1984 for § 60.335(b)(2).

(43) ASTM D 4084–82, Standard Method for Analysisof Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Re-action Rate Method), IBR approved July 31, 1984 for§ 60.335(b)(2).

(44) ASTM D 3246–81, Standard Method for Sulfur inPetroleum Gas by Oxidative Microcoulometry, IBR ap-proved July 31, 1984 for § 60.335(b)(2).

(45) ASTM D2584–68, Standard Test Method for Igni-tion Loss of Cured Reinforced Resins, IBR approved Feb-ruary 25, 1985 for § 60.685(e).

(46) ASTM D3431–80, Standard Test Method forTrace Nitrogen in Liquid Petroleum Hydrocarbons(Microcoulometric Method), IBR approved November 25,1986, for appendix A to part 60, Method 19.

(47) ASTM D129–64 (reapproved 1978), Standard TestMethod for Sulfur in Petroleum Products (General BombMethod), IBR approved for appendix A to part 60, Meth-od 19.

(48) ASTM D1552–83, Standard Test Method for Sul-fur in Petroleum Products (High Temperature Method),IBR approved for appendix A to part 60, Method 19.

(49) ASTM D1835–86, Standard Specification for Liq-uefied Petroleum (LP) Gases, to be approved for § 60.41b.

(50) ASTM D1835–86, Standard Specification for Liq-uefied Petroleum (LP) Gases, IBR approved for§§ 60.41b; 60.41c.

(51) ASTM D4057–81, Standard Practice for ManualSampling of Petroleum and Petroleum Products, IBR ap-proved for appendix A to part 60, Method 19.

(52) ASTM D4239–85, Standard Test Methods for Sul-fur in the Analysis Sample of Coal and Coke Using HighTemperature Tube Furnace Combustion Methods, IBR ap-proved for appendix A to part 60, Method 19.

(53) ASTM D2016–74 (Reapproved 1983), StandardTest Methods for Moisture Content of Wood * * * forappendix A, Method 28.

(54) ASTM D4442–84, Standard Test Methods for Di-rect Moisture Content Measurement in Wood and Wood-base Materials * * * for appendix A, Method 28.

(55) [Reserved](56) ASTM D129–64 (Reapproved 1978), Standard

Test Method for Sulfur in Petroleum Products (GeneralBomb Method), IBR approved August 17, 1989, for§ 60.106(j)(2).

(57) ASTM D1552–83, Standard Test Method for Sul-fur in Petroleum Products (High-Temperature Method),IBR approved August 17, 1989, for § 60.106(j)(2).

(58) ASTM D2622–87, Standard Test Method for Sul-fur in Petroleum Products by X-Ray Spectrometry, IBRapproved August 17, 1989, for § 60.106(j)(2).

(59) ASTM D1266–87, Standard Test Method for Sul-fur in Petroleum Products (Lamp Method), IBR approvedAugust 17, 1989, for § 60.106(j)(2).

(60) ASTM D2908–74, Standard Practice for Measur-ing Volatile Organic Matter in Water by Aqueous-Injec-tion Gas Chromatography, IBR approved for § 60.564(j).

(61) ASTM D3370–76, Standard Practices for Sam-pling Water, IBR approved for § 60.564(j).

(62) ASTM D4457–85 Test Method for Determinationof Dichloromethane and 1,1,1-Trichloroethane in Paintsand Coatings by Direct Injection into a Gas Chro-matograph, IBR approved for appendix A, Method 24.

(63) ASTM D 5403–93 Standard Test Methods forVolatile Content of Radiation Curable Materials. IBR ap-proved September 11, 1995 for Method 24 of AppendixA.

(b) The following material is available for pur-chase from the Association of Official AnalyticalChemists, 1111 North 19th Street, Suite 210, Ar-lington, VA 22209.

25

§ 60.18

(1) AOAC Method 9, Official Methods of Analysis ofthe Association of Official Analytical Chemists, 11th edi-tion, 1970, pp. 11–12, IBR approved January 27, 1983 for§§ 60.204(d)(2), 60.214(d)(2), 60.224(d)(2), 60.234(d)(2),60.244(f)(2).

(c) The following material is available for pur-chase from the American Petroleum Institute, 1220L Street NW., Washington, DC 20005.

(1) API Publication 2517, Evaporation Loss from Ex-ternal Floating Roof Tanks, Second Edition, February1980, IBR approved January 27, 1983, for §§ 60.111(i),60.111a(f), 60.111a(f)(1) and 60.116b(e)(2)(i).

(d) The following material is available for pur-chase from the Technical Association of the Pulpand Paper Industry (TAPPI), Dunwoody Park, At-lanta, GA 30341.

(1) TAPPI Method T624 os–68, IBR approved January27, 1983 for § 60.285(d)(4).

(e) The following material is available for pur-chase from the Water Pollution Control Federation(WPCF), 2626 Pennsylvania Avenue NW., Wash-ington, DC 20037.

(1) Method 209A, Total Residue Dried at 103–105 °C,in Standard Methods for the Examination of Water andWastewater, 15th Edition, 1980, IBR approved February25, 1985 for § 60.683(b).

(f) The following material is available for pur-chase from the following address: Underwriter’sLaboratories, Inc. (UL), 333 Pfingsten Road,Northbrook, IL 60062.

(1) UL 103, Sixth Edition revised as of September 3,1986, Standard for Chimneys, Factory-built, ResidentialType and Building Heating Appliance.

(g) The following material is available for pur-chase from the following address: West CoastLumber Inspection Bureau, 6980 SW. BarnesRoad, Portland, OR 97223.

(1) West Coast Lumber Standard Grading Rules No.16, pages 5–21 and 90 and 91, September 3, 1970, re-vised 1984.

(h) The following material is available for pur-chase from the American Society of MechanicalEngineers (ASME), 345 East 47th Street, NewYork, NY 10017.

(1) ASME QRO–1–1994, Standard for the Qual-ification and Certification of Resource RecoveryFacility Operators, IBR approved for § 60.56a.

(2) ASME PTC 4.1–1964 (Reaffirmed 1991),Power Test Codes: Test Code for Steam Generat-ing Units (with 1968 and 1969 Addenda), IBR ap-proved for §§ 60.46b and 60.58a(h)(6)(ii).

(3) ASME Interim Supplement 19.5 on Instru-ments and Apparatus: Application, Part II of FluidMeters, 6th Edition (1971), IBR approved for§ 60.58a(h)(6)(ii).

(i) Test Methods for Evaluating Solid Waste,Physical/Chemical Methods,’’ EPA Publication

SW–846 Third Edition (November 1986), asamended by Updates I (July, 1992), II (September1994), IIA (August, 1993), and IIB (January,1995). Test Method are incorporated by referencefor appendix A to part 60, Method 29, pars. 2.2.1;2.3.1; 2.5; 3.3.12.1; 3.3.12.2; 3.3.13; 3.3.14; 5.4.3;6.2; 6.3; 7.2.1; 7.2.3; and Table 29–2. The ThirdEdition of SW–846 and Updates I, II, IIA, and IIB(document number 955–001–00000–1) are avail-able from the Superintendent of Documents, U.S.Government Printing Office, Washington, DC20402, (202) 512–1800. Copies may be obtainedfrom the Library of the U.S. Environmental Pro-tection Agency, 401 M Street, SW., Washington,DC 20460.

(j) Standard Methods for the Examination ofWater and Wastewater, 16th edition, 1985. Method303F Determination of Mercury by the ColdVapor Technique. This document may be obtainedfrom the American Public Health Association,1015 18th Street, NW., Washington, DC 20036,and is incorporated by reference for Method 29,pars 5.4.3; 6.3; and 7.2.3 of appendix A to part60.

[48 FR 3735, Jan. 27, 1983]

EDITORIAL NOTE: For FEDERAL REGISTER citations af-fecting § 60.17, see the List of CFR Sections Affected inthe Finding Aids section of this volume.

EFFECTIVE DATE NOTE: At 60 FR 65414, Dec. 19,1995, § 60.17 was amended by revising paragraphs (h)(1),(2) and (3) without establishing an effective date. For theconvenience of the user, the existing text continues to becarried within the body of the section and the new textis set forth below:

§ 60.17 Incorporations by reference.

* * * * *

(h) * * *(1) ASME QRO–1–1994, Standard for the Qualification

and Certification of Resource Recovery Facility Opera-tors, IBR approved for §§ 60.56a, 60.54b(a) and60.54b(b).

(2) ASME PTC 4.1–1964 (Reaffirmed 1991), PowerTest Codes: Test Code for Steam Generating Units (with1968 and 1969 Addenda), IBR approved for §§ 60.46b,60.58a(h)(6)(ii), and 60.58b(i)(6)(ii).

(3) ASME Interim Supplement 19.5 on Instruments andApparatus: Application, Part II of Fluid Meters, 6th Edi-tion (1971), IBR approved for §§ 60.58a(h)(6)(ii) and60.58b(i)(6)(ii).

* * * * *

§ 60.18 General control device require-ments.

(a) Introduction. This section contains require-ments for control devices used to comply with ap-plicable subparts of parts 60 and 61. The require-ments are placed here for administrative conven-

26

§ 60.19

ience and only apply to facilities covered by sub-parts referring to this section.

(b) Flares. Paragraphs (c) through (f) apply toflares.

(c)(1) Flares shall be designed for and operatedwith no visible emissions as determined by themethods specified in paragraph (f), except for peri-ods not to exceed a total of 5 minutes during any2 consecutive hours.

(2) Flares shall be operated with a flame presentat all times, as determined by the methods speci-fied in paragraph (f).

(3) Flares shall be used only with the net heat-ing value of the gas being combusted being 11.2MJ/scm (300 Btu/scf) or greater if the flare issteam-assisted or air-assisted; or with the net heat-ing value of the gas being combusted being 7.45MJ/scm (200 Btu/scf) or greater if the flare is non-assisted. The net heating value of the gas beingcombusted shall be determined by the methodsspecified in paragraph (f).

(4)(i) Steam-assisted and nonassisted flares shallbe designed for and operated with an exit velocity,as determined by the methods specified in para-graph (f)(4), less than 18.3 m/sec (60 ft/sec), ex-cept as provided in paragraphs (b)(4) (ii) and (iii).

(ii) Steam-assisted and nonassisted flares de-signed for and operated with an exit velocity, asdetermined by the methods specified in paragraph(f)(4), equal to or greater than 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec) are al-lowed if the net heating value of the gas beingcombusted is greater than 37.3 MJ/scm (1,000Btu/scf).

(iii) Steam-assisted and nonassisted flares de-signed for and operated with an exit velocity, asdetermined by the methods specified in paragraph(f)(4), less than the velocity, Vmax, as determinedby the method specified in paragraph (f)(5), andless than 122 m/sec (400 ft/sec) are allowed.

(5) Air-assisted flares shall be designed and op-erated with an exit velocity less than the velocity,Vmax, as determined by the method specified inparagraph (f)(6).

(6) Flares used to comply with this section shallbe steam-assisted, air-assisted, or nonassisted.

(d) Owners or operators of flares used to com-ply with the provisions of this subpart shall mon-itor these control devices to ensure that they areoperated and maintained in conformance with theirdesigns. Applicable subparts will provide provi-sions stating how owners or operators of flaresshall monitor these control devices.

(e) Flares used to comply with provisions ofthis subpart shall be operated at all times whenemissions may be vented to them.

(f)(1) Reference Method 22 shall be used to de-termine the compliance of flares with the visibleemission provisions of this subpart. The observa-

tion period is 2 hours and shall be used accordingto Method 22.

(2) The presence of a flare pilot flame shall bemonitored using a thermocouple or any otherequivalent device to detect the presence of aflame.

(3) The net heating value of the gas being com-busted in a flare shall be calculated using the fol-lowing equation:

E:GRAPHICS EC01JN92.008where:

HT=Net heating value of the sample, MJ/scm; where thenet enthalpy per mole of offgas is based on combus-tion at 25 °C and 760 mm Hg, but the standard tem-perature for determining the volume corresponding toone mole is 20 °C;

E:GRAPHICS EC01JN92.009Ci=Concentration of sample component i in ppm on a wet

basis, as measured for organics by Reference Method18 and measured for hydrogen and carbon monoxideby ASTM D1946–77 (Incorporated by reference asspecified in § 60.17); and

Hi=Net heat of combustion of sample component i, kcal/g mole at 25 °C and 760 mm Hg. The heats of com-bustion may be determined using ASTM D2382–76(incorporated by reference as specified in § 60.17) ifpublished values are not available or cannot be cal-culated.

(4) The actual exit velocity of a flare shall bedetermined by dividing the volumetric flowrate (inunits of standard temperature and pressure), as de-termined by Reference Methods 2, 2A, 2C, or 2Das appropriate; by the unobstructed (free) crosssectional area of the flare tip.

(5) The maximum permitted velocity, Vmax, forflares complying with paragraph (c)(4)(iii) shall bedetermined by the following equation.

Log10 (Vmax)=(HT+28.8)/31.7

Vmax=Maximum permitted velocity, M/sec28.8=Constant31.7=ConstantHT=The net heating value as determined in paragraph

(f)(3).

(6) The maximum permitted velocity, Vmax, forair-assisted flares shall be determined by the fol-lowing equation.

Vmax=8.706+0.7084 (HT)

Vmax=Maximum permitted velocity, m/sec8.706=Constant0.7084=ConstantHT=The net heating value as determined in paragraph

(f)(3).

[51 FR 2701, Jan. 21, 1986]

§ 60.19 General notification and re-porting requirements.

(a) For the purposes of this part, time periodsspecified in days shall be measured in calendardays, even if the word ‘‘calendar’’ is absent, un-

27

§ 60.19

less otherwise specified in an applicable require-ment.

(b) For the purposes of this part, if an explicitpostmark deadline is not specified in an applicablerequirement for the submittal of a notification, ap-plication, report, or other written communicationto the Administrator, the owner or operator shallpostmark the submittal on or before the number ofdays specified in the applicable requirement. Forexample, if a notification must be submitted 15days before a particular event is scheduled to takeplace, the notification shall be postmarked on orbefore 15 days preceding the event; likewise, if anotification must be submitted 15 days after a par-ticular event takes place, the notification shall bedelivered or postmarked on or before 15 days fol-lowing the end of the event. The use of reliablenon-Government mail carriers that provide indica-tions of verifiable delivery of information requiredto be submitted to the Administrator, similar to thepostmark provided by the U.S. Postal Service, oralternative means of delivery agreed to by the per-mitting authority, is acceptable.

(c) Notwithstanding time periods or postmarkdeadlines specified in this part for the submittal ofinformation to the Administrator by an owner oroperator, or the review of such information by theAdministrator, such time periods or deadlines maybe changed by mutual agreement between theowner or operator and the Administrator. Proce-dures governing the implementation of this provi-sion are specified in paragraph (f) of this section.

(d) If an owner or operator of an affected facil-ity in a State with delegated authority is requiredto submit periodic reports under this part to theState, and if the State has an established timelinefor the submission of periodic reports that is con-sistent with the reporting frequency(ies) specifiedfor such facility under this part, the owner or oper-ator may change the dates by which periodic re-ports under this part shall be submitted (withoutchanging the frequency of reporting) to be consist-ent with the State’s schedule by mutual agreementbetween the owner or operator and the State. Theallowance in the previous sentence applies in eachState beginning 1 year after the affected facility isrequired to be in compliance with the applicablesubpart in this part. Procedures governing the im-plementation of this provision are specified inparagraph (f) of this section.

(e) If an owner or operator supervises one ormore stationary sources affected by standards setunder this part and standards set under part 61,part 63, or both such parts of this chapter, he/shemay arrange by mutual agreement between the

owner or operator and the Administrator (or theState with an approved permit program) a com-mon schedule on which periodic reports requiredby each applicable standard shall be submittedthroughout the year. The allowance in the previoussentence applies in each State beginning 1 yearafter the stationary source is required to be incompliance with the applicable subpart in this part,or 1 year after the stationary source is required tobe in compliance with the applicable 40 CFR part61 or part 63 of this chapter standard, whicheveris latest. Procedures governing the implementationof this provision are specified in paragraph (f) ofthis section.

(f)(1)(i) Until an adjustment of a time period orpostmark deadline has been approved by the Ad-ministrator under paragraphs (f)(2) and (f)(3) ofthis section, the owner or operator of an affectedfacility remains strictly subject to the requirementsof this part.

(ii) An owner or operator shall request the ad-justment provided for in paragraphs (f)(2) and(f)(3) of this section each time he or she wishesto change an applicable time period or postmarkdeadline specified in this part.

(2) Notwithstanding time periods or postmarkdeadlines specified in this part for the submittal ofinformation to the Administrator by an owner oroperator, or the review of such information by theAdministrator, such time periods or deadlines maybe changed by mutual agreement between theowner or operator and the Administrator. Anowner or operator who wishes to request a changein a time period or postmark deadline for a par-ticular requirement shall request the adjustment inwriting as soon as practicable before the subjectactivity is required to take place. The owner or op-erator shall include in the request whatever infor-mation he or she considers useful to convince theAdministrator that an adjustment is warranted.

(3) If, in the Administrator’s judgment, anowner or operator’s request for an adjustment toa particular time period or postmark deadline iswarranted, the Administrator will approve the ad-justment. The Administrator will notify the owneror operator in writing of approval or disapprovalof the request for an adjustment within 15 cal-endar days of receiving sufficient information toevaluate the request.

(4) If the Administrator is unable to meet aspecified deadline, he or she will notify the owneror operator of any significant delay and inform theowner or operator of the amended schedule.

[59 FR 12428, Mar. 16, 1994]

APPENDIX D

MSW LANDFILL CONTACTS

APPENDIX D

MSW LANDFILL CONTACTS

D1 EPA Regional MSW Landfill Rule ContactsD2 State MSW Landfill Rule ContactsD3 Other Contacts

Appendix D1

EPA Regional MSW Landfill Rule Contacts

D1-1


Regional Contact Phone # Fax #

Jeanne Cosgrove 617/565-9451 617/565-4940U.S. EPARegion I (Connecticut, Maine, Massachusetts,New Hampshire, Rhode Island, Vermont)John F. Kennedy Federal Bldg. Boston, MA 02203

Christine DeRosa 212/637-4022 212/637-3901U.S. EPARegion II (New Jersey, New York, Puerto Rico,Virgin Islands)290 BroadwayNew York, NY 10007-1866

James B. Topsale 215/814-2190 215/814-2114U.S. EPARegion III (Delaware, District of Columbia, Maryland,Pennsylvania, Virginia, West Virginia)1650 Arch StreetPhiladelphia, PA 19103-2029

Scott Davis 404/562-9127 404/562-9095U.S. EPARegion IV (Alabama, Florida, Georgia, Kentucky,Mississippi, North Carolina, South Carolina,Tennessee)100 Alabama St., S.W. Atlanta, GA 30303

Charles Hatten 312/886-6031 312/886-0617U.S. EPARegion V (Illinois, Indiana, Michigan, Minnesota,Ohio, Wisconsin)77 W. Jackson Chicago, IL 60604

Mick Cote 214/665-7219 214/665-7263U.S. EPARegion VI (Arkansas, Louisiana, New Mexico,Oklahoma, Texas)1445 Ross Av., Suite 1200Dallas, TX 75202-2733


Regional Contact Phone # Fax #

D1-2

Ward Burns 913/551-7960 913/551-7065U.S. EPARegion VII (Iowa, Kansas, Missouri, Nebraska)726 Minnesota Av.Kansas City, KS 66101

Martin Hestmark 303/312-6776 303/312-6409U.S. EPARegion VIII (Colorado, Montana, North Dakota, SouthDakota, Utah, Wyoming)999 18th Street, Suite 500Denver, CO 80202-2466

Patricia Bowlin 415/744-1188 415/744-1076U.S. EPARegion IX (American Samoa, Arizona, California,Guam, Hawaii, Nevada)75 Hawthorne StreetSan Francisco, CA 94105

Catherine Woo 206/553-1814 206/553-0404U.S. EPARegion X (Alaska, Idaho, Oregon, Washington)1200 Sixth Av.Seattle, WA 98101

Appendix D2

State MSW Landfill Rule Contacts

D2-1

State Contacts

Contact State Phone # Fax #

REGION I

Scott Koschwitz CT 860/424-3427 860/424-4063

Nancy Seidman MA 617/292-5593 617/556-1046

John Chandler ME 207/287-2437 207/287-7641

Don Anderson ME 207/287-2437 207/287-7641

Andy Bodnarik NH 603/271-1370 603/271-1381

Barbara Morin RI 401/277-2808 401/277-2017

Harold Garabedian VT 802/241-3840 802/241-2590

REGION II

John Elstan NJ 609/292-6710

Tom Lynch NJ 518/457-2051

Tom Christoffell NY 518/457-7688

Eduardo Del Rio PR 787/767-8025

REGION III

Ron Amirikian DE 302/323-4542 302/323-4561

Ruben Deza MD 410/631-3240 410-631-3202

Carl York MD 410/631-3234 410-631-3202

Jayme Graham PA 412/578-8129 412-578-8058Allegheny Co.

John Slade PA 717/783-9476 717/772-2303

Kris Ramamurthy PA 717/787-9256 717/772-2303

Karen Sabasteanski VA 804/698-4426 804-698-4510

Lucy Pontiveros WV 304/558-1220 304-558-1222

REGION IV

Jerold Griffies AL 334/271-7861 334/271-7950

Larry Brown AL 334/271-7861 334/271-7950

Cindy Phillips FL 904/921-9534 -

Venkata Panchakarla FL 904/488-0114 904/922-6979

Kent Pierce GA 404/363-7103 404/363-7100

Millie Ellis KY 502/573-3382 502/573-3787

Mark Wyatt MS 601/961-5367 601/961-5742

Tom Allen NC 919/733-1489 919/715-7175

Renee Shealy SC 803/734-4750 803/734-4556

State Contacts


D2-2

Malcolm Butler TN 615/532-0604 615/532-0614

Gene Bradley TN 615/532-0593 615/532-0614

REGION V

Dick Forbes IL 217/785-1889

Pat Daniel IN 317/233-0429

Jerry Trautman MI 517/373-7059 517-335-3122

Margaret McCourtney MN 612/297-7894 612-297-8701

Tammy Hilkens OH 614/644-3596

Steve Dunn WI 608/267-0566 608-267-0560

REGION VI

Mark McCorkle AR 501/682-0736

Annette Sharp LA 504/765-0914

Karen Blackmore LA 504/765-0130

David Duran NM 505/827-2950

Angel Martinez NM 505/768-1961(Albuquerque)

Joyce Sheedy or OK 405/290-8247 405/962-2200Cheryl Bradley

Gus Eghneim TX 512/239-1965

REGION VII

Catharine Fitsimmons IA 515/281-8034 515/281-8895

Chuck Layman KS 913/296-1579 913/296-1545

Paul Myers MO 573/751-4817 573/751-2706

Susan Fields NE 402/471-0019 402/471-2909

REGION VIII

Kirsten King CO 303/692-3212 303/782-0278

Dave Klemp MT 406/444-0286 406/444-5275

Tom Bachman ND 701/328-5188 701/328-5200

Jackie Flowers SD 605/773-5708 605/773-4035605/773-4068

Carol Neilson UT 801/536-4000 801/536-4099

Bernie Dailey WY 307/777-7345 307/777-5616

State Contacts


D2-3

REGION IX

Renaldo Crooks CA 916/327-5618 916/327-5621

REGION X

Bill Walker AK 907/465-5124

Sue Richards ID 208/334-5898

Kathleen Craig OR 503/229-6833

Judy Geier WA 360/407-6850

Appendix D3

Other MSW Landfill Contacts

D3-1

Other MSW Landfill Contacts

Contact Phone # Fax #

For information concerning analyses performed indeveloping the landfills rule, contact:

Michele Laur 919/541-5256 919/541-0246U.S. Environmental Protection AgencyWaste and Chemical Processes GroupEmission Standards Division (MD-13)Research Triangle Park, NC 27711

For implementation issues, contact:

Mary Ann Warner 919/541-1192 919/541-2664U.S. Environmental Protection AgencyProgram Review GroupInformation Transfer and Program IntegrationDivision (MD-12)Research Triangle Park, NC 27711

For information on the Landfill Model, contact:

Susan Thorneloe 919/541-2709 919/541-2382U.S. Environmental Protection AgencyAir Pollution Prevention and Control Division(MD-63)Research Triangle Park, NC [email protected]

For enforcement and compliance assurancecontact:

Zofia S. Kosim, P.E. (2242A) 202/564-8733 202/564-0068U.S. Environmental Protection AgencyAir Enforcement Division/ Office of Regulatory EnforcementOffice of Enforcement and Compliance Assurance401 M Street, S.W.Washington, DC 20460

Other MSW Landfill Contacts (Continued)

Contact Phone # Fax #

D3-2

For Title V permit issues:

Joanna Swanson 919/541-5282 919/541-5509U.S. Environmental Protection AgencyOperating Permits GroupInformation Transfer Program Integration Division(MD-12)Research Triangle Park, North Carolina 27711

To order documents/receive general informationon the Landfill Methane Outreach Program,contact:

LMOP Hotline 1-888/STAR 703/934-3895Home page: www.epa.gov/landfill YES

For more specific requests on landfill gas-to-energy, contact:

Tom Kerr 202/233-9768 204/233-9569U.S. Environmental Protection Agency401 M Street, S.W.6202JWashington, DC 20460

For information on monitoring and samplingmethods contact:

Foston Curtis 919/541-1063 919/541-1039U.S. Environmental Protection AgencySource Characterization GroupEmissions, Monitoring, and Analysis Division (MD-19)Research Triangle Park, NC 27711

APPENDIX F

REPORT CHECKLISTS

F-1

APPENDIX F

REPORT CHECKLISTS

The following checklists are provided in this appendix:

- Initial Design Capacity Report [§ 60.757(a)].

- Amended Design Capacity Report [§ 60.757(a)(3)].

- Annual or 5-year NMOC Emission Rate Report (Tier 1) [§ 60.757(b)].

- Revised NMOC Emission Rate Report (Tier 2) [§ 60.757(c)(1)].

- Revised NMOC Emission Rate Report (Tier 3) [§ 60.757(c)(2)].

- Collection and Control System Design Plan [§ 60.757(c)].

- Initial Control System Performance Test Report [§ 60.757(g)].

- Annual Reports [§ 60.757(f)].

- Landfill Closure Report [§ 60.757(d)].

- Control Equipment Removal Report [§ 60.757(e)].

Complete these checklists to determine compliance with the reporting requirements in§60.757. A "yes" response to all questions indicates full compliance. A "no" response does notnecessarily indicate non-compliance with the regulations. In situations where a "no" response isappropriate, note whether the intent of the requirements have been met and whether theinformation provided by the landfill is acceptable.

APPENDIX F (CONTINUED)

F-2

INITIAL DESIGN CAPACITY REPORT [§60.757(a)]

All landfills subject to the regulations must submit this report.

Yes No

1. Was the report submitted within the timeframe given below?

* * on or before June 10, 1996 for landfills that commencedconstruction, modification, or reconstruction on or after May 30,1991, but before March 12, 1996.

* * within 90 days after the date of construction, modification,reconstruction for landfills that commenced construction,modification, or reconstruction on or after March 12, 1996. [Note: The initial design capacity report fulfills the requirements of thenotification of the date construction is commenced as requiredunder §60.7(a)(1) of the part 60 General Provisions.]

2. Did the report contain the following?

* * a map or plot map of the landfill, providing the size and location ofthe landfill, and identifying all areas where refuse may be landfilledaccording to the permit issued by the State, local, or tribal agencyresponsible for regulating the landfill.

* * the maximum design capacity of the landfill. [Note: Where themaximum design capacity is specified in the permit issued by theState, local, or tribal agency responsible for regulating the landfill, acopy of the permit specifying the maximum design capacity may besubmitted. If the maximum design capacity of the landfill is notspecified in the permit, the maximum design capacity must becalculated using good engineering practices. The calculations mustbe provided, along with the relevant parameters.]

Additional information may be requested to verify the maximum design capacity of the landfill.


F-3

AMENDED DESIGN CAPACITY REPORT [§60.757(a)(3)]

All landfills subject to the regulations must submit an amended design capacity report if thedesign capacity included in the initial design capacity report has increased and the resultingcapacity is equal to or greater than 2.5 million Mg and 2.5 million m .3

Yes No

* * 1. Was the report submitted within 90 days of an increase in the permittedvolume of the landfill or an increase in the density that results in amaximum design capacity equal to or greater than 2.5 million Mg and2.5 million m . [Note: A landfill owner or operator who converts3

design capacity from volume to mass or mass to volume todemonstrate that landfill design capacity is less than 2.5 million Mg or2.5 million m , must keep readily accessible, on-site records of the3

annual recalculation of site-specific density, design capacity, and thesupporting documentation. Off-site records may be maintained if theyare retrievable within 4 hours.]


F-4

ANNUAL NMOC EMISSION RATE REPORT (TIER 1) [§ 60.757(b)]

Landfills that have an initial or amended design capacity equal to or greater than2.5 million Mg and 2.5 million m must submit this report. Once a collection and control system3

has been installed, this report is no longer required.

Yes No

1. Was the report submitted no later than either of the following, asappropriate:

* * June 10, 1996, for landfills that commenced construction,modification, or reconstruction on or after May 30, 1991, but beforeMarch 12, 1996, or

* * Ninety days after the date of commenced construction,modification, or reconstruction on or after March 12, 1996.

[Note: This report may be combined with the Initial Design CapacityReport required in § 60.757(a)(1). Subsequent reports should besubmitted annually thereafter unless the owner or operator elects tosubmit an estimate of the NMOC emission rate for the next 5 years(5-year NMOC Emission Rate Report) in lieu of the Annual Report. Inorder to submit a 5-year NMOC Emission Rate Report, the estimatedNMOC emission rate in each of 5 consecutive years must be less than50 Mg/yr]

2. Did the Annual report include the following?

* * emission estimate; and

* * all data, calculations, sample reports, and measurements uponwhich the estimate is based.

Additional information may be requested to verify the reported NMOC emission rate.


F-5

FIVE-YEAR NMOC EMISSION RATE REPORT [§ 60.757(b)]

This report may be submitted in lieu of the Annual NMOC Emission Rate Report if theannual NMOC emission rate is less than 50 Mg/year for 5 consecutive years.

Yes No

* * 1. Was the report revised and submitted at least every 5 years?

* * 2. If the actual waste acceptance rate exceeded the estimated wasteacceptance rate in any year reported in the 5-year revised estimate, wasa revised 5-year estimate submitted? [The revised estimate must coverthe 5 years beginning with the year in which actual rate exceeded theestimated waste acceptance rate.]

3. Did the 5-year report include the following?

* * current amount of refuse-in-place;

* * estimated NMOC emission rate estimates for each of the 5 years;

* * estimated waste acceptance rate for each of the 5 years for whichthe NMOC emission rate is estimated; and

* * all data, calculations, sample reports, and measurements uponwhich the estimate is based.

[Note: The annual or Five-year NMOC Emission Rate Report (Tier 1) is not required after theinstallation of a collection and control system in compliance with section § 60.752(b)(2).]


F-6

REVISED NMOC EMISSION RATE REPORT (TIER 2) [§ 60.757(c)(1)]

Landfills that have a 50 Mg/year or greater NMOC emission rate determined using the Tier 1formulas and defaults must submit this report if they choose not to submit a collection andcontrol system design plan but choose instead to use the Tier 2 procedures to recalculate theNMOC emission rate.

Yes No

* * 1. Was the report submitted within 180 days of the first Tier 1 NMOCemission rate report that showed emissions 50 Mg/year.

* * 2. Does the report include the site-specific NMOC concentrationdetermined according to § 60.754(a)(3)?

* * 3. If the recalculated NMOC emission rate was < 50 Mg/year, was annualperiodic reporting resumed?

* * 4. If the recalculated NMOC emission rate was 50 Mg/year, did theowner or operator submit a Collection and Control System DesignPlan, or recalculate the NMOC emission rate according to Tier 3procedures?


F-7

REVISED NMOC EMISSION RATE REPORT (TIER 3) [§ 60.757(c)(2)]

Landfills that have calculated a 50 Mg/year NMOC emission rate or greater using the Tier 2procedures must submit this report if they choose not to submit a collection and control systemdesign plan but choose instead to use the Tier 3 procedures to recalculate the NMOC emissionrate.

Yes No

* * 1. Was the report submitted within 1 year of the first Tier 1 NMOCemission rate report that showed emissions 50 Mg/yr?

* * 2. Did the report include the revised (Tier 2) NMOC emission rate andthe site-specific methane generation rate constant (k) determinedaccording to § 60.754(a)(4)?

* * 3. If the annual emission rate was 50 Mg or greater, was the reportsubmitted along with a Collection and Control System Design Planwithin 1 year of the first calculated exceedance of the standard?


F-8

COLLECTION AND CONTROL SYSTEM DESIGN PLAN [§60.757(c)]

Landfills that have an NMOC emission rate equal to or greater than 50 Mg/year must submita Collection and Control System Design Plan unless the owner or operator elected to recalculatethe NMOC emission rate using NMOC sampling and analysis (Tier 2 or Tier 3) and the resultingrate is less than 50 Mg/yr.

Yes No

* * 1. Was the design plan submitted within 1 year of the first report of anNMOC emission rate 50 Mg/yr?

* * 2. Did the design plan include either of the following?

a collection and control system conforming to the specificationsprovided in §60.759, or

an alternative collection system design plan meeting therequirements of §60.752(b)(2).

* * 3. If an active collection system is planned, does it meet the followingcriteria in §60.752(b)(2)(ii)?

* * Is it designed to handle the maximum expected gas flow from theentire area of the landfill that warrants control over the intended useperiod of the equipment?

* * Is it designed to collect gas from each area or cell in which theinitial solid waste has been placed for a period of: 5 years or moreif active; or 2 years or more if closed or at final grade?

* * Will gas be collected at a sufficient extraction rate?(A sufficient extraction rate means a rate sufficient to maintain anegative pressure at all wellheads in the collection system withoutcausing air infiltration. All wellheads includes any wellheadsconnected to the system as a result of expansion or excess surfaceemissions, for the life of the blower.)

* * Is it designed to minimize off-site migration of subsurface gas?


F-9

COLLECTION AND CONTROL SYSTEM DESIGN PLAN [§60.757(c)] (Continued)

4. If a passive collection system is planned, does it meet the followingcriteria in §60.752(b)(2)(ii)?

* * Is it designed to handle the maximum expected gas flow from theentire area of the landfill that warrants control over the intended useperiod of the equipment?

* * Is it designed to collect gas from each area or cell in which theinitial solid waste has been placed for a period of: 5 years or moreif active; or 2 years or more if closed or at final grade?

* * Is it designed to minimize off-site migration of subsurface gas?

* * Will it have liners on the bottom and all sides of all areas in whichgas is to be collected?

[See Appendix E for additional information on the contents and review of collection systemdesign plan]


F-10

INITIAL CONTROL SYSTEM PERFORMANCE TEST REPORT [§ 60.757(g)]

Landfills that are required to install collection and control systems must submit a ControlSystem Performance Test Report.

Yes No

* * 1. Was the following information submitted with the Initial ControlSystem Performance Test Report required under § 60.8 within180 days of emission control system start-up?

2. Did the report include the following information?

* * a. a diagram of the collection system showing extraction well spacing,including the locations of any areas excluded from collection andthe proposed sites for the future addition of wells.

* * b. the data upon which sufficient density of wells or other extractiondevices and the gas mover equipment sizing are based. (Sufficientdensity means any number, spacing, and combination of collectionsystem components, including vertical wells, horizontal collectors,and surface collectors, necessary to maintain emission andmigration control as determined by measures of performance.)

* * c. the documentation of the presence of asbestos or nondegradablematerial for each area from which collection wells have beenexcluded based on the presence of asbestos or nondegradablematerial.

* * d. the sum of the gas generation flow rates for areas from whichcollection wells have been excluded based on the presence ofnonproductive materials and the calculations of gas generation flowrate for each excluded area.

* * e. the provisions for increasing gas mover equipment capacity withincreased gas generation flow rate, if the present gas moverequipment is inadequate to move the maximum flow rate expectedover the life of the landfill.

* * f. The provisions for the control of off-site migration.


F-11

ANNUAL REPORTS [§ 60.757(f)]

Landfills that have installed collection and control systems must submit this report.

Yes No

* * 1. Was the report submitted annually beginning 180 days after submittalof the Initial Control System Performance Test Report?

* * the gauge pressure in the gas collection header (measured on a

* * the nitrogen or oxygen concentration in the landfill (measured on a

* * the temperature of the landfill gas (measured on a monthly basis).

2. Did the report include the value and length of time for exceedance ofthe following?

monthly basis).

monthly basis).

* * all 3-hour periods of operation (unless the control device is a

* *

3. If an enclosed combustion device was used to comply, did the reportinclude the following?

boiler or process heater >44 megawatts) during which theaverage combustion temperature based on continuoustemperature monitoring was more than 28 Celcius below theo

average combustion temperature as established during the initialor most recent performance test [60.752(b)(2)(iii)(B)(2)]. (Note:This is not required for boilers and process heaters > 44megawatts)

duration of periods when control device was bypassed.


F-12

ANNUAL REPORTS [§60.757(f)] (Continued)

Yes No

* * length of time during which flare flame was absent based on

* * duration of periods when control device was bypassed

4. If an open flare was used to comply, did the report include thefollowing?

continuous monitoring for presence of a flame at the pilot lightor flare.

* * 5. Did the report include the date of installation and the location of eachwell added to the collection system?

* * 6. Did the report include description and duration of periods > 1 hr whencontrol device was not operating?

* * 7. Did the report include all periods >5 days when the collection systemwas not operating?

* * 8. Did the report include location of exceedances of the 500 ppm methane concentration and the concentration recorded at each location forwhich an exceedance was reported the previous monitoring period?

* * 9. For systems not conforming to the specifications for active collectionsystems (§60.759), did the report include exceedances of anymonitoring parameters that have been specified by the Administratorper §60.756(e)?


F-13

LANDFILL CLOSURE REPORT [§ 60.757(d)]

Controlled landfills must submit this report within 30 days of ceasing to accept waste.

Yes No

* * 1. Was this report submitted within 30 days of when the landfill stoppedaccepting MSW?

* * date landfill last accepted waste.

* * date landfill closed.

2. Did the closure report include the following?

* * 3. Did the report indicate that closure is permanent?

[If additional wastes are to be placed in the landfill, the landfill owneror operator must file a notification of modification as described under§ 60.7(a)(4).]


F-14

CONTROL EQUIPMENT REMOVAL REPORT [§ 60.757(e)]

Landfills that wish to remove their gas collection and control system must submit this reportprior to removing or ceasing operation of their system.

Yes No

* * 1. Was the report submitted 30 days prior to removal or cessation ofoperation of the control equipment?

2. Did the Control Equipment Removal Report include the following?

* * a. a copy of the closure report.

* * b. a copy of the Initial Performance Test Report (demonstrating thatthe 15-year minimum control period has expired).

* * c. dated copies of three successive NMOC emission rate reports(demonstrating that the landfill is no longer emitting 50 Mg orabove NMOC per year prior to the control device).

Additional information may be requested to verify that all conditions for removal in§ 60.752(b)(2)(V) have been met.

APPENDIX G

ON-SITE INSPECTION CHECKLISTS

G-1

APPENDIX G

ON-SITE INSPECTION CHECKLISTS

The following checklists are provided in this appendix:

- Monitoring Equipment

- Recordkeeping

- Collection and Control Equipment

APPENDIX G (continued)

G-2

ON-SITE INSPECTION CHECKLISTSFOR DETERMINING COMPLIANCE WITH MSW LANDFILL NSPS AND EG

These checklists can be used to verify compliance with the NSPS or EG monitoring,

recordkeeping, and control equipment requirements. Inspectors should use copies of these

checklists for each inspection.

A "yes" response to checklist questions indicates compliance with the regulations. A "no"

response does not necessarily indicate non-compliance. The inspector has the discretion to

determine compliance or non-compliance. Therefore, the inspector should determine if the intent

of the requirements has been achieved. In the case of a "no" response, indicate whether the

checklist question, and hence the requirement, is satisfied.


G-3

MONITORING EQUIPMENT CHECKLIST

Refer to each appropriate section below to determine compliance with monitoringrequirements of the rule. Complete the checklist by indicating "yes" or "no" to the questions. A "yes" indicates compliance. A "no" does not necessarily indicate non-compliance with theregulations.

ACTIVE GAS COLLECTION SYSTEMS [§60.756(a)]

Yes No * * 1. Is a sampling port installed at each wellhead?

* * 2. Is there a thermometer, other temperature measuring device, or an access port fortemperature measurements at each wellhead?

3. Are the following parameters being monitored?

* * gauge pressure in the gas collection header on a monthly basis

* * nitrogen concentration in the landfill gas as provided in Method 3C oroxygen concentration as provided in Method 3A

* * temperature of the landfill gas on a monthly basis

* * 4. If an alternative method is used to monitor for infiltration, is this methoddocumented and maintained with the landfill records?


G-4

ENCLOSED COMBUSTION DEVICES [§60.756(b)]

Yes No1. Is the following required equipment being calibrated, maintained, and

operated according to the manufacturer's specifications?

* * a temperature monitoring device equipped with a continuous recorderand having an accuracy of ±1 percent of the temperature beingmeasured, expressed in degrees Celsius or ±0.5 (C, whichever isgreater (except when the control device is a boiler or process heater>44 megawatts)

* * a gas flow measuring device that records the gas flow to the controldevice or bypass lines are sealed shut and seals are inspected monthly

* * 2. Are the temperature and the gas flow (if applicable) being recorded at leastevery 15 minutes?

OPEN FLARES [§60.756(c)]

Yes No1. Is the following required equipment being calibrated, maintained, and

operated according to the manufacturer's specifications?

* * a heat sensing device, such as an ultraviolet beam sensor orthermocouple, at the pilot light or at the flare flame to indicate thecontinuous presence of a flame

* * a device that records the gas flow to or bypass of the flare or bypasslines are sealed shut and seals are inspected monthly

* * 2. Are the presence of the pilot light and the gas flow (if applicable) beingrecorded at least every 15 minutes?


G-5

OTHER CONTROL DEVICES [§60.756(d) and §60.756(e)]

A. OTHER CONTROL DEVICES

Yes No * * 1. If a control device other than a flare or enclosed combustion device is

used, does the landfill have documentation demonstrating that thealternative device was approved by the Administrator?

* * 2. If the Administrator specified additional monitoring procedures, does thelandfill have appropriate records demonstrating compliance with theseprocedures?

B. COLLECTION SYSTEMS NOT CONFORMING TO §60.759

* * 1. If a collection system not conforming to §60.759 is used, does the landfillhave documentation demonstrating that the alternative design wasapproved by the Administrator?

* * 2. If the Administrator specified additional monitoring procedures, does thelandfill have appropriate records demonstrating compliance with theseprocedures?


G-6

MONITORING METHANE CONCENTRATIONS AT THE LANDFILL SURFACE[§60.756(f)]

Yes No * * 1. Are surface concentrations of methane being monitored on a quarterly

basis to determine compliance (unless the skip period method described in#3 below is used)?

2. Does the monitoring device comply with the following instrumentationspecifications and procedures for surface emission monitoring devices[§60.755(d)]:

* * Does the portable analyzer meet the instrument specifications in Section 3 of Method 21, except that "methane" replaces all referencesto VOC?

* * Is the calibration gas methane, diluted to a nominal concentration of500 ppm in air?

* * To meet the performance evaluation requirements in Section 3.1.3 ofMethod 21, are the instrument evaluation procedures of Section 4.4 ofthe method used?

* * Are the calibration procedures provided in Section 4.2 of Method 21followed immediately before commencing a surface monitoringsurvey?

3. Are the following procedures, provided in §60.756(f), followed if skipperiod monitoring is used:

* * If no exceedances are detected for three successive quarterlymonitoring periods, is the surface monitored annually until anexceedance is detected?

* * If an exceedance is detected and corrected as provided in §60.755(a)(5),is the surface monitored quarterly until a concentration >500 ppm is notdetected for three successive quarters?


G-7

RECORDKEEPING CHECKLIST

Refer to each appropriate section below to determine compliance with the recordingrequirements of the rule. A "yes" indicates compliance. A "no" does not necessarily indicatenon-compliance with the regulations.

GENERAL RETENTION REQUIREMENTS [§60.758(a)]

Yes No1. Are all records

* * available for at least the past 5 years?

* * up-to-date?

* * readily accessible?

* * on-site or, if offsite, retrievable in 4 hours?

* * in hardcopy or electronic format?

2. Are records of the following information available?

* * maximum design capacity

* * current amount of MSW in place

* * year-by-year waste acceptance rate


G-8

INITIAL PERFORMANCE TEST OR COMPLIANCE DETERMINATION FORCONTROL EQUIPMENT [§60.758(b)]

Yes No * * 1. Are records that document the initial performance test or compliance

determination kept for the life of the control equipment?

* * 2. Are records of any subsequent compliance tests or compliancedeterminations maintained for at least 5 years?

3. Do the records include the following information?

* * the density of wells is sufficient as calculated by procedures in§60.759(a)(1), and

* * the maximum expected gas generation flow rate as calculated by theprocedure in §60.755(a)(1); or

* * the maximum expected gas generation flow rate as calculated byanother approved method.

4. For owners or operators using enclosed combustion devices other thanboilers and process heaters, do the records include the following?

* * average combustion temperature measured at least every 15 minutesand averaged over the same time period as the performance test

* * a percent reduction of 98 percent or greater, or an NMOCconcentration less than 20 ppm by volume, dry basis as hexane at 3%oxygen

5a. For owners or operators using any size boiler or process heater, do therecords include the following?

* * description of the location at which the collected gas vent stream isintroduced into the boiler or process heater over the same time periodof the performance testing


G-9

INITIAL PERFORMANCE TEST OR COMPLIANCE DETERMINATION FORCONTROL EQUIPMENT [§60.758(b)] (Continued)

Yes No5b. For owners or operators using boilers or process heaters with a design heat

input capacity of less than 44 megawatts, do the records include thefollowing?

* * the average combustion temperature of the boiler or process heatermeasured at least every 15 minutes and averaged over the same timeperiod of the performance testing

* * a percent reduction of 98 percent or greater or an NMOC concentrationless than 20 ppm by volume, dry basis as hexane at 3 percent oxygen

6. For owners or operators using an open flare, do the records include thefollowing?

* * flare type (i.e., steam assisted, air-assisted, or nonassisted)

* * all visible emission readings

* * heat content determinations

* * flow or bypass flow records

* * exit velocity determinations

* * continuous records of the flare flame or pilot flame monitoring

* * records of all periods of operation during which the pilot flame or flareflame was absent

* * 7. For owners or operators using a flare, do the visible emission, heatcontent, flow rate, and exit velocity data show that specifications in §60.18are met? (The specifications vary by flare type.)


G-10

EQUIPMENT OPERATING PARAMETERS AND PARAMETER BOUNDARYEXCEEDANCES [§60.758(c)]

Yes No * * 1. Are records available of all equipment operating parameters and parameter

boundary exceedances?

* * 2. Are the records retained for at least 5 years?

* * 3. Are the records continuous (i.e., a value recorded at least every 15minutes)?

* * 4. For enclosed combustion devices (except for boilers and process heaterswith design heat input capacity of 44 megawatts or greater and openflares), were all 3-hour periods of operation during which the averagecombustion temperature was more than 28(C below the averagecombustion temperature during the most recent performance test recordedand reported?

* * 5. For all boilers and process heaters, were any changes in location at whichthe vent stream was introduced into the flame zone recorded and reported?

6. For all control devices,

* * were continuous records of LFG flow to the control device or bypassflow maintained or, if bypass lines were sealed closed, were monthlyseal inspection results recorded?

* * were all periods when the gas stream was diverted from the controldevice or had no flowrate recorded and reported?

* * 7. For owners or operators using a boiler or process heater with a designinput capacity of 44 megawatts or greater, are records of all periods ofoperation of the boiler or process heater available?

8. For owners or operators using an open flare:

* * were continuous records maintained of pilot flame or flare flamemonitoring?

* * were all periods of operation in which the flare or pilot flame wasabsent recorded and reported?


G-11

COLLECTION SYSTEM INFORMATION [§60.758(d)]

Yes No

* * 1. Is an up-to-date, readily accessible collection system plot map available?

2. Does the plot map include the following?

* * the location of each existing and planned collector in the system

* * a unique identification label for each collector

3. Did the well records include the following information related to newlyinstalled collectors?

* * installation date of each collector

* * location of each collector


G-12

WASTE EXCLUDED FROM COLLECTION - AREAS INCLUDED IN THE1 PERCENT THAT DO NOT WARRANT CONTROL [§60.758(d)]

Yes No 1. Do the records pertaining to asbestos-containing or nondegradable waste

excluded from collection and/or any area included in the 1 percent thatdoes not warrant control include the following?

* * nature of the waste

* * date of deposition of the waste

* * amount of the waste

* * location of waste on the landfill site

COLLECTION AND CONTROL EXCEEDANCE [§60.758(e)]

Yes No1. Are records of the following available:

* * all collection and control system exceedances of the operationalstandards in §60.753? These include: readings of positive pressure atany wellhead (except as allowed in §60.753(b); wellhead temperature>55(C or other approved temperature; nitrogen level 20% or oxygenlevel 5%; and surface methane concentration 500 ppm

* * a reading in the month following an exceedance

* * location of each exceedance

DESIGN CAPACITY CALCULATION [§60.758(f)]

Yes No

* * 1. For landfill owners or operators who convert design capacity from volumeto mass or from mass to volume to demonstrate that landfill designcapacity is less than the design capacity size limit, do the records includethe annual recalculation of site-specific density, design capacity, and allsupporting documentation?


G-13

COLLECTION AND CONTROL EQUIPMENT CHECKLIST

This checklist is to be used for collection and control systems that conform to the specificationsprovided in §60.759. If an alternative collection and control system was installed, the approvedalternative design plans should be used to check for compliance. Complete the checklist byindicating "yes" or "no" to the questions. A "yes" indicates compliance. A "no" does notnecessarily indicate non-compliance with the regulations.

SITING ACTIVE COLLECTION SYSTEMS [§60.759(a)]

Yes No * * 1. Are the active collection wells sited throughout all gas producing areas of

the landfill (that are at least 5 years old for active areas or 2 years old forareas that are closed or at final grade)?

* * 2. Is sufficient density of collectors demonstrated? (Sufficient density meansany number, spacing, and combination of collection system components,including vertical wells, horizontal collectors, and surface collectors,necessary to maintain emission and migration control as determined bymeasures of performance.)

* * 3. If gas is not collected from any areas because they contain asbestos ornondegradable material, is the nature, date of deposition, location, andamount of asbestos or nondegradable material documented?

* * 4. If gas is not collected from nonproductive areas, has it been demonstratedthat total emissions from the excluded areas are <1% of total NMOCemissions from the landfill?

* * 5. If gas is not collected from nonproductive areas, has the amount, location,and age of the material been documented?


G-14

CONSTRUCTION OF ACTIVE COLLECTION SYSTEMS [§60.759(b)]

Yes No * * 1. Does the connector assembly used to connect the wellhead to the

collection header pipes include the following:

positive closing throttle valve,

any necessary seals and couplings,

access couplings,

at least one sampling port?

* * 2. Are the landfill gas extraction components constructed of one of thefollowing? (Circle material used)

polyvinyl chloride (PVC)

high density polyethylene (HDPE) pipe

fiberglass

stainless steel

other nonporous, corrosion-resistant material

* * 3. Is the collection device constructed of one of the following? (Circlematerial used.)

PVC HDPE fiberglass stainless steel other nonporous material of suitable thickness _______

* * 4. Does the construction and location of wells and other collection systemcomponents match the approved collection and control system designplan?


G-15

GAS MOVER EQUIPMENT [§60.759(c)]

* * 1. Is the gas mover equipment operating?

* * 2. Is the gas mover equipment sized to handle the maximum gas generationflow rate expected over the intended use period?

* * 3. Has the gas mover equipment exceeded its intended use period?(The intended use period of the equipment should be specified in theapproved collection and control system design plan.)

APPENDIX H

EXAMPLE REPORT FORMS

H-1

APPENDIX H

EXAMPLE REPORT FORMS

(separate form for each report)

The following example forms are included in this appendix:

1. Initial Design Capacity Report;

2. Initial NMOC Emission Rate Report, including

a. Tier 1 calculation form,

b. Emission inventory form;

3. Landfill Closure Report; and

4. Control Equipment Removal Report.

Appendix H (continued)

H-2

INITIAL DESIGN CAPACITY REPORT FORM

(Please Print or Type)

This form fulfills the requirements of the Initial Design Capacity Report for the municipal solidwaste landfills new source performance standards and emission guidelines promulgated onMarch 12, 1996 (61 FR 9905) 40 CFR 60, subparts WWW and Cc. All new landfills subject tothe regulations must submit this report. For new landfills, this report also fulfills therequirements of the notification of the date construction is commenced as required under 40 CFR60.7(a)(1).

This form must be completed and submitted to the implementing agency within the followingtimeframe:

& on or before June 10, 1996 for landfills that commenced construction, modification,or reconstruction on or after May 30, 1991, but before March 12, 1996.

& within 90 days after the date of commenced construction, modification, orreconstruction for landfills that commenced construction, modification, orreconstruction on or after March 12, 1996. [Note: The initial design capacity reportfulfills the requirements of the notification of the date construction is commenced asrequired under §60.7(a)(1) of the part 60 General Provisions.]

I. IDENTIFYING INFORMATION

1. Name of person completing form____________________________________

Telephone number________________________________________________

2. Person's position_________________________________________________

3. Name of landfill___________________________________________________ 4. Address of landfill_________________________________________________

5. Name of landfill owner_____________________________________________

6. Address of landfill owner___________________________________________


H-3

7. Name of landfill operator___________________________________________

8. Address of landfill operator_________________________________________

9. Is landfill new or existing?

___ new (began construction, reconstruction, or modification on or after May 30, 1991)

___ existing (began construction, reconstruction, or modification before May 30, 1991;and has accepted waste after November 8, 1987 or has additional capacity availablefor future waste deposition)

II. DATES

10. Date construction or operating permit was issued______________________

11. Date landfill began construction, modification, or reconstruction___________

12. Date landfill first accepted waste____________________________________

13. Date this form is submitted_________________________________________

III. DESIGN CAPACITY INFORMATION

14. Maximum design capacity of landfill in Mg or m ______________________3

(To calculate Mg, multiply tons by 0.907. To calculate m , multiply yd by 0.7646)3 3

A. If the landfill has a State, county or tribal agency construction or RCRA permit statingthe maximum design capacity, attach a copy of the permit to this form. If there is anywaste in place not accounted for in the most recent permit, include this amount in thedesign capacity and attach documentation.

B. If maximum design capacity is NOT specified in a permit, attach design capacitycalculations, and provide documentation of the relevant parameters used to calculatedesign capacity (for example, landfill horizontal dimensions, depth of landfill, wasteacceptance rates and/or other parameters that might be used to calculate designcapacity).

15. If design capacity is converted from mass to volume or from volume to mass, attach thecalculation, including the site-specific density.


H-4

16. Attach a map or plot map of the landfill to this form. The map should provide the size andlocation of the landfill. Include an identification of all areas where refuse may be landfilledaccording to the permit issued by the State, local, or tribal agency responsible for regulatingthe landfill.

IV. SIGNATURE

17. Signature of person completing form

______________________________

18. Date of signature

______________________________


H-5

EXAMPLE INITIAL NMOC EMISSION RATE REPORT

State Air Agency DirectorState Air AgencyAir Agency AddressAir Agency's Town, State, and Zip Code

RE: Initial NMOC Emission Rate Report as required by the MSW Landfill NSPS

Dear State Air Agency Director:

Facility A is currently regulated according to the MSW Landfill NSPS. Under the requirementsof the regulations, Landfill A must submit an estimate of the NMOC emissions. The estimatedNMOC emission rate is Mg/yr. This estimate was calculated based on the Tier 1 proceduresin the regulations. A copy of the calculations is enclosed.

Sincerely,

Landfill A Owner/Operatorenclosure


H-6

EXAMPLE TIER 1 NMOC EMISSION RATE CALCULATION FORM

NMOC EMISSION RATE REPORT

TIER 1 CALCULATION FORM

This calculation form presents the equations and default values used in the Tier 1 NMOCemission rate analysis. Completing this form will yield the annual NMOC emission rate, whichshould be entered in the space provided in the cover letter.

Note that Equation 1 is for landfills where the annual MSW acceptance rate is not known. Equation 2 is to be used if the annual acceptance rate is known. The equations are to be usedtogether if the annual acceptance rate is known for only part of the life of the landfill. Forexample, a 30-year old landfill with an unknown annual acceptance rate during the first 10 yearswould require Equation 1 for that time period, and would require Equation 2 for the subsequent20 years when the annual acceptance rate was known.

Equation 1. (For landfills where the annual acceptance rate is not known)

M = 2L R(e - e )(C )(3.6 x 10 )NMOC o NMOC-kc -kt -9

where,M = mass emission rate of NMOC, (Mg/yr)NMOC

L = Refuse methane generation potential: 170* (m /Mg)o3

R = Average annual acceptance rate: (Mg/yr)k = Methane generation rate constant: 0.05* (1/yr)c = Years since closure (c = 0 for active

and/or new landfills): (yrs)t = Age of landfill (i.e., years since landfill

first opened) (yrs)C = Concentration of NMOC: 4,000* (ppm as hexane)NMOC

Conversion factor: 3.6 x 10-9

MNMOC Q1 + Q2 + Q3 + etc.

Qi 2 k Lo Mi (ekti) (CNMOC) (3.6 x 109)


H-7

NMOC EMISSION RATE CALCULATION (continued)

M = 2 (170) ( ) (e - e ) (4,000) (3.6 x 10 )NMOC-(0.05)( ) -(0.05)( ) -9

M = Mg/yrNMOC

*Default values. An alternative methane generation rate constant (k) of 0.02 can be used forlandfills located in geographical areas with a 30-year annual average precipitation of less than25 inches. The average annual precipitation must be indicated by the nearest representativemeteorological site.

Equation 2. (For landfills where the annual acceptance rate is known)

and,

where,

M = total mass emission rate of NMOC from all sections of the landfill (Mg/yr)NMOC

Q = mass emission rate of NMOC from the ith section of the landfill (Mg/yr)i

Example Values for Calculations

Variables Q1 Q2 Q3

k = methane generation rate 0.05 0.05 0.05 (default*)constant (1/yr)

L = refuse methane generation 170 170 170 (default)o

potential (m /Mg)3

M = mass of waste in the i section 500 600 800 (landfill-ith

of the landfill (Mg) specific)

t = age of the ith section of the 20 19 18 (landfill-i

landfill specific)

C = concentration of NMOC in landfill gas 4,000 4,000 4,000 (default)NMOC

(ppm as Hexane)

conversion factor 3.6 x 10 3.6 x 10 3.6 x 10 (fixed-9 -9 -9

factor)

* As described above, an alternative default k of 0.02 can be used in arid areas.


H-8

Calculate the mass emission rate (Q ) = for each segment of the landfill:i

Q = 2 (0.05) (170) (_____) (e ) (4,000) (3.6 x 10 )i-(0.05 (__ ) -9

Add the emission rate of the various landfill segments to calculate total mass emission rate (M ):NMOC

M = Q + Q + Q + etcNMOC 1 2 3

= ______ + ______ + ______ + ______, etc.

If annual waste acceptance rates are known as Q , Q would be emissions from the ith year, andi i

Q would be emissions from the first year, Q for the second year, etc.1 2

If a landfill was in operation for 3 years then:

M = Q + Q + Q1 2 3

If the first year of operation was 20 years ago and waste acceptance was 500 then:

Q = 2 (.05) (170) (500) (e ) (4,000) (3.6 x 10 )1-(.05) (20) -9

the 2nd year of operation was 19 years ago and acceptance was 600:

Q = 2 (.05) (170) (600) (e ) (4,000) (3.6 x 10 )2-(.05) (19) -7

the 3rd year of operation was 18 years ago and acceptance was 800:

Q = 2 (.05) (170) (800) (e ) (4,000) (3.6 x 10 )3-(.05) (18) -7


H-9

EXAMPLE LANDFILL CLOSURE REPORT


RE: Landfill Closure Report as required by the MSW Landfill NSPS


Facility A is currently regulated according to the MSW Landfill NSPS. Under the requirementsof the regulations, Landfill A must submit a Landfill Closure Report within 30 days of ceasing toaccept MSW. The last day of waste acceptance was _______ and the landfill was closed on_______. The closure is intended to be permanent.

The design capacity of the landfill is ________. The estimated quantity of refuse-in-place is______. Therefore, there is no additional capacity. (Include the following if there is additionalcapacity: If additional waste is accepted by Landfill A, a notification of modification will besubmitted according to 60.7(a)(4).)

Also note that Landfill A is not being controlled. (Include the following if the landfill iscontrolled: The controls are planned to be removed after operating for 15 years and the NMOCemissions are demonstrated to be below 50 Mg/yr which will be in __ years.)

Sincerely,

Landfill A Owner/Operator


H-10

EXAMPLE CONTROL EQUIPMENT REMOVAL REPORT


RE: Control Equipment Removal Report as required by the MSW Landfill NSPS


Facility A is currently regulated according to the MSW Landfill NSPS. Under the requirementsof the regulations, Landfill A must submit a Control Equipment Removal Report 30 days priorto ceasing to operate and removing landfill gas collection and control equipment. Operation ofthe collection and control system is scheduled to cease on .

The control system has been in operation since . Therefore the minimum 15 yearoperating requirement has been fulfilled. As indicated by 60.757(e), a dated copy of the InitialPerformance Test Report is enclosed to document the date of initial installation of the system. Also enclosed per 60.757(e) are dated copies of the three most recent NMOC Emission RateReports demonstrating that the landfill is no longer emitting 50 Mg/yr of NMOC.

Note that a Landfill Closure Report was submitted on . The last day of wasteacceptance was and the landfill was closed .

Sincerely,

Landfill A Owner/Operator

enclosures

APPENDIX I

TIER CALCULATION DETAILS AND EQUATIONS

I-1

APPENDIX I

TIER CALCULATION DETAILS AND EQUATIONS

This rule includes detailed procedures for calculating NMOC emissions from landfills

(§60.754). The procedure consists of a 3-tiered approach, with Tier 1 being the simplest. All

"Tier" calculations provide an estimate of NMOC emissions, as a function of three variables:

(1) NMOC concentration in LFG, (C );NMOC

(2) Methane generation rate constant, (k); and

(3) Refuse methane generation potential, (L ).o

Tier 1 calculations are based on default values that yield conservative NMOC emission

rates. If Tier 1 calculations indicate emissions greater than 50 Mg/yr, a landfill may elect to

perform Tier 2 or Tier 3 calculations, which require site-specific data gathered through testing.

Otherwise, a landfill owner/operator must submit a notice of intent to install a gas collection and

control system to the implementing agency.

Tier 2 calculations are based on site-specific NMOC concentrations and yield a more

accurate estimate of the NMOC emission rate. The NMOC concentrations are determined by

performing EPA Method 25C or EPA Method 18. If Tier 2 calculations result in NMOC

emissions greater than 50 Mg/yr, then Tier 3 calculations may be performed.

Tier 3 calculations are based on both site-specific NMOC concentrations and methane

generation rates. Tier 3 calculations yield the most accurate determination of NMOC emission

rates. The NMOC concentrations are determined by following the Tier 2 procedures. The

methane generation rate is determined by performing EPA Method 2E in conjunction with EPA

Method 25C or EPA Method 18.

Appendix I (continued)

I-2

Figure I-1 presents a flow chart showing the steps for determining NMOC emissions from

a landfill and whether the landfill must be controlled.

Tier 1 Procedures

The procedures in Tier 1 estimate an NMOC emission rate using refuse acceptance rates

for a landfill and default values for the parameters listed above. The default values are as

follows:

(1) 4,000 ppmv, NMOC concentration (C ); NMOC

(2) 0.05 yr , methane generation rate constant (k); and-1

(3) 170 m /Mg, refuse methane generation potential (L ).3 o

For landfills located in a geographical area with a 30-year annual average precipitation of

less than 25 inches (as measured by the nearest representative official meteorological site), a k

value of 0.02 per year should be used. Otherwise, the default k value of 0.05 per year should be

used.

The following equation determines the NMOC emission rate for individual landfill

sections (or cells) when the actual year-to-year refuse acceptance rate is known and the default k

value is used.

n M = ( 2 k L M (e i) (C ) (3.6 x 10 9)NMOC o i -kt NMOC -

i=1

where,

M = Total NMOC emission rate from the landfill, Mg/yr;NMOC

k = methane generation rate constant, year ;-1

L = methane generation potential, m /Mg of refuse;o3


I-3


I-4

M = mass of refuse in the i section, Mg;i th

t = age of the i section, years;i th

C = concentration of NMOC, ppmv as hexane; and NMOC

3.6 x 10 = conversion factor.-9

The total NMOC emission rate for a landfill (M ) is the sum of the NMOCNMOC

emissions from each landfill section. This equation can be used more easily when the defined

landfill section represents accumulated refuse of 1 year. Nondegradable refuse such as asbestos

or demolition refuse may be subtracted from the total mass of refuse in a particular landfill

section when calculating the value for M . Nondegradable waste can be excluded provided thei

nature and amount of the refuse is documented.

When the actual year-by-year refuse acceptance rate is unknown, an average refuse

acceptance rate (R) is determined by dividing the total quantity of refuse currently in place by the

age of the landfill. This average refuse acceptance rate (and the default k value) is then used in

the following equation to estimate the NMOC emission rate:

M = 2 L R (e - e t) (C )(3.6 x 10 9)NMOC o -kc -k NMOC -

where,

M = mass emission rate of NMOC, Mg/yr;NMOC

L = methane generation potential, m /Mg of refuse;o3

R = average annual acceptance rate, Mg/yr;

k = methane generation rate constant, year-1;

t = age of landfill, years;

C = concentration of NMOC, ppmv as hexane;NMOC

c = time since closure, years. For active landfill c = O and e = 1,-kc

years; and

3.6 x 10 = conversion factor.-9


I-5

The result of this equation is the total NMOC emission rate for the entire landfill (or

specified section). This equation automatically accounts for variability in NMOC emission rates

for refuse in landfill sections with different ages. Nondegradable refuse such as asbestos or

demolition refuse may be subtracted from the total mass of refuse currently disposed in a landfill

when calculating the R. Nondegradable waste can be excluded provided the nature and amount

of the refuse is documented.

Tier 1 calculations are likely to overestimate the NMOC emission rate because the values

for k, L , and the NMOC concentration are conservative. Landfills with Tier 1 NMOC emissiono

rates less than 50 Mg/yr are not required to install emission controls. However, the NMOC

emission rate must be recalculated at a specified interval of once a year or once every 5 years for

the NMOC emission rate report.

Landfills with Tier 1 NMOC emission rates equal to or greater than 50 Mg/yr are required

to submit a gas collection and control system design plan or recalculate the NMOC emission rate

by determining the site-specific NMOC concentration. The site-specific NMOC concentration

allows for a more accurate estimate of the NMOC emission rate. The procedures for determining

a site-specific NMOC concentration are detailed in Tier 2.

Tier 2 Procedures

Under Tier 2, the landfill owner/operator conducts sampling to determine a site-specific

NMOC concentration. This site-specific value will be substituted for the default NMOC

concentration used in the Tier 1 equation. The general sampling procedures for determining a

site-specific NMOC concentration are as follows:

(1) Install a minimum of two gas sampling probes per hectare of landfill surface thathas retained refuse for at least 2 years. In the unlikely event that landfill emissionare equal to or greater than 50 Mg/yr and none of the landfill has retained wastefor at least 2 years, the landfill owner/operator may wait until the first wastedeposited is 2 years old before conducting Tier 2 sampling. Landfills with asurface area greater than 25 hectares only need to install a maximum of50 sampling probes;

(2) Collect and analyze one gas sample from each sample probe following theprocedures in EPA Method 25C or EPA Method 18. An alternative testing


I-6

method can be used as long as the method has been approved by the implementingagency;

(3) If composite gas samples are used, they must be created using equal gas volumesfrom each sample probe;

(4) All gathered gas samples must be used in the analysis; and

(5) Divide the NMOC concentration determined by Method 25C by six to convert theconcentration basis from total carbon to hexane.

A landfill owner/operator is required to submit a gas Collection and Control System

Design Plan if a site-specific NMOC concentration results in a recalculated NMOC emission rate

equal to or greater than 50 Mg/yr. As an alternative, a landfill owner/operator may recalculate

the NMOC emission rate by determining the site-specific methane generation rate constant. This

additional site-specific measurement, in conjunction with the site-specific NMOC concentration,

allows for the most accurate estimate of the NMOC emission rate. The procedures for

determining a site-specific gas generation rate constant are detailed in Tier 3.

If a site-specific NMOC concentration results in a recalculated NMOC emission rate less

than 50 Mg/yr, a landfill owner/operator must recalculate the NMOC emission rate at a specified

interval of once a year or once every 5 years for the NMOC emission rate report. Annual Tier 2

NMOC emission rate reports are due on the anniversary of the Initial Tier 1 report submittal.

The site-specific NMOC concentration used in the Tier 2 (or Tier 3) calculations must be

recalculated at least once every 5 years.

Tier 3 Procedures

Under Tier 3, the landfill owner/operator conducts additional sampling to determine a

site-specific methane generation rate constant, k. This site-specific k will be determined

following the procedures in EPA Method 2E. An alternative testing method can be used as long

as the method has been approved by the implementing agency. The default values for k and the

NMOC concentration used in the Tier 1 equation will be replaced with the site-specific values.

The general sampling procedures for determining a site-specific k includes the installation of

extraction wells either in a cluster of three or at five locations dispersed throughout the landfill.


I-7

A blower is used to create a negative pressure gradient between the extraction well and the

surrounding refuse. Extracted landfill gas is analyzed for volumetric flow rate, composition, and

the landfill pressure near the extraction well. For each extraction well, these data are used to

determine the site-specific methane generation rate constant for a landfill.

If a site-specific k and NMOC concentration result in a recalculated NMOC emission rate

equal to or greater than 50 Mg/yr, a landfill owner/operator is required to submit a gas Collection

and Control System Design Plan. For those landfills where the recalculated NMOC emission

rate is less than 50 Mg/yr, a landfill owner/operator must recalculate the NMOC emission rate at

a specified interval of once a year or once every 5 years for the NMOC emission rate report. The

site-specific NMOC concentration must be determined at least once every 5 years. However, the

site-specific value for k is determined once for the landfill.

The cost of Method 2E testing for Tier 3 can be significant, especially for a small landfill.

It is unlikely that a site-specific Tier 3 evaluation will lower the annual NMOC emission estimate

below the 50 Mg/yr threshold unless the Tier 2 emission estimate is only slightly higher than this

threshold. Dry, arid regions may show a more significant lowering of emissions at Tier 3 than

wet regions. The likelihood that Tier 3 will indicate an emission rate less than 50 Mg/yr should

be assessed before performing Tier 3 measurements. For example, the owner/operator could

utilize the EPA's landfill air emissions model (see Appendix J) to assess by trial and error the k

value necessary to achieve an emission rate below the 50 Mg/yr threshold, based on the site-

specific disposal history and the measured Tier 2 NMOC concentrations. Information on typical

ranges for k values could be reviewed to judge the likelihood of obtaining the necessary k value

from a Tier 3 test.

After Installing Controls

After the installation of a gas collection and control system at a landfill, a landfill

owner/operator must calculate the NMOC emission rate for purposes of determining when the

control system can be removed. The following equation is used:

M = 1.89 x 10 * Q * CNMOC -3 LFG NMOC


I-8

where,

M = mass emission rate of NMOC, Mg/yr;NMOC

Q = flow rate of landfill gas entering the control system, m /min; andLFG 3

C = NMOC concentration as measured in the gas collection common NMOC

header pipe, ppmv as hexane.

The landfill gas flow rate must be determined by measuring the total LFG flow rate at the

common header pipe that leads to the control device. A gas-measuring device calibrated

according to provisions of Section 4 of Method 2E must be used. The average NMOC

concentration must be determined by collecting and analyzing LFG sampled from the common

header pipe using Method 25C or Method 18. The sample location must be prior to any gas

moving, condensate removal, or other gas refining equipment. The resulting NMOC

concentration as determined by Method 25C must be divided by six to convert the concentration

basis from total carbon to hexane.

Special Situations

Questions have arisen as to how to calculate emissions from landfills that already have

control systems. Two of these questions are discussed below:

1. Question: If an existing landfill greater than 2.5 million Mg and 2.5 million m3

already has a collection system in place that is controlled, how should it be determined ifit emits NMOC greater than less/than 50 Mg/yr? Under Tier 1 calculations they wouldprobably show landfill gas emissions 50 Mg/yr. Tier 2 calculations also may not beappropriate.

1. Discussion: This issue was raised in one case where Tier 1 calculations for a landfillthat already had a control system indicated emissions greater than 50 Mg/yr. The tierprocedures in the NSPS do not specifically address how to estimate uncontrolledemissions from already controlled landfills for purposes of determining if the emissionsexceed 50 Mg/yr and whether the landfill must meet the NSPS or EG controlrequirements and emission limits. The State agency reasoned that to determineuncontrolled emissions for a landfill with a collection and control system already in place,it would be appropriate to use the equation and NMOC concentrations measurementprocedure in § 60.754(b). This equation is the one used for controlled landfills to


I-9

determine if uncontrolled emissions have fallen below 50 Mg/yr such that the controlsystem can be removed.

Using this approach, landfills that already have collection and control systems wouldcalculate uncontrolled NMOC emissions for the portion of the landfill from which gas iscollected using the equation and NMOC concentration measurement procedures in§ 60.754(b). (If there are areas of the landfill from which gas is not collected, the tierprocedures would be used for these areas.) In order for the equation in § 60.754(b) to beappropriate, the collection system must be well designed and operated. In particular, foran active collection system, a negative pressure should be maintained at the wellheadswithout excess air infiltration. Also, if surface monitoring has been done at the landfill, itshould show methane concentrations below 500 ppm.

In addition to using the equation found in § 60.654(b) in combination with the actualmeasured NMOC concentration collected at the header, the NMOC concentrationmeasured at the header could also be used in the equation found in § 60.754(a)(1) todetermine if the landfill should be subject to the requirements found in the NSPS or EG.

If total uncontrolled emissions are <50 Mg/yr, the landfill is not subject to the controlrequirements of the NSPS or EG, but must continue to submit annual NMOC emissionrate reports (unless it is closed). If the annual NMOC report shows that the uncontrolledemission rate has increased to 50 Mg/yr or greater, the landfill would become subject tothe control requirements of the NSPS or EG. The landfill would then have 1 year tosubmit a design plan to either document that the existing system meets the requirementsof the NSPS or EG or to specify plans to upgrade the system to achieve compliance. Thelandfill would need to come into compliance and begin required testing and monitoringwithin the time frames specified in the NSPS or EG.

2. Question: Can a landfill with uncontrolled emissions 50 Mg/yr install a controlsystem that does not meet NSPS or EG requirements to reduce actual emissions to<50 Mg/yr and thereby avoid being subject to NSPS or EG control requirements?

2. Discussion: No. As explained in the answer to the previous question, theuncontrolled emission rate is used to determine whether the landfill is subject to NSPS orEG control requirements.

APPENDIX J

COMPUTER MODEL FOR LANDFILL AIR EMISSIONS ESTIMATION

J-1

APPENDIX J

COMPUTER MODEL FOR LANDFILL AIR EMISSIONS ESTIMATION

The U.S. Environmental Protection Agency sponsored the development of a computermodel to provide individuals with the ability to estimate gaseous emissions from landfills. The Landfill Air Emissions Estimation Model, available for Windows™, utilizes a first-orderdecomposition model to estimate emissions of methane, carbon dioxide, NMOC and pollutantsregulated under the Clean Air Act Amendments. The model combines user-entered landfilloperating characteristics with defaults derived from either the landfills NSPS and EG or AP-42 toprovide yearly estimates of gaseous emissions. These estimates may be displayed as text or ingraphical depictions. The model also allows the user to replace internal defaults with landfill-specific parameters to refine the calculations for a specific site. Version 2.0 was released inFebruary 1998.

The model is consistent with the equations specified in the landfill NSPS and EG forcalculating NMOC emissions. Landfills using the model to calculate annual emission rates forpurposes of NSPS applicability determination must use the NSPS default values rather than theAP-42 default values.

A package with a diskette containing the model as well as the user's guide is availableunder the title: "Landfill Gas Emissions Model, User's Manual," Version 2.0 and may bepurchased from:

National Technical Information Service5285 Port Royal RoadSpringfield, VA 22161Telephone: (703) 487-4650

or accessed on the EPA TTN Web at http://www.epa.gov/ttn/catc/products.html#software. Additionally, information or questions regarding the model and its operation may be obtainedfrom Susan A Thorneloe, the EPA Project Officer overseeing its development. She may becontacted at:

Air and Energy Engineering Research LaboratoryU.S. Environmental Protection AgencyResearch Triangle Park, NC 27711Telephone: (919) 541-2709

APPENDIX K

LANDFILL REPORT LOG

Appendix K (continued)

K-1

LANDFILL REPORT LOG

This log provides a means of tracking reports from landfills and indicates the next reportexpected from the landfill. As reports are received, this log should be completed. Instructionsfor filling out this log are listed below.

1. Enter the facility name and contact person's name and telephone number in the spacesprovided.

2. The due date of the first report (Initial Design Capacity Report) is June 10, 1996 forlandfills that commenced construction, modification, or reconstruction on or afterMay 30, 1991, but before March 12, 1996, or 90 days after the date the landfillcommenced construction, modification, or reconstruction for landfills that do so on orafter March 12, 1996. Therefore, enter the appropriate date in the space labeled "TriggerDate" provided in the upper left corner of the log.

3. Enter the due date of the Initial Design Capacity Report. See footnote "a" for adescription on computing the due date.

4. Note that the due date for the Initial NMOC Emission Rate Report is the same as for theInitial Design Capacity Report. However, if the design capacity is less than2.5 million Mg or 2.5 million m of MSW, an NMOC Emission Rate Report is not3

required.

5. The due date is the date that the regulations require the report to be submitted. Whenreports are received, enter the date of the postmark. This date is effectively the date thereport was submitted. If the submittal date is late, penalties may be considered.

6. The far right column describes the next action to track the reports. These actions indicatethe next report expected from the landfill. For example, if the NMOC emission rate isequal to or greater than 50 Mg/yr, the next report expected from the landfill is theCollection and Control System Design Plan or the Revised NMOC Emission Rate Reportbased on Tier 2 procedures. Footnotes indicate how to calculate the due date of eachreport.

7. Two attached forms, Attachments A and B, are to be used in the cases of reports that willbe received annually. Attachment A is to be used to track the annual NMOC EmissionRate Reports. These reports will be submitted annually or every 5 years if specificcriteria are met and as long as the emission rate is less than 50 Mg/yr. Attachment B is tobe used to track the Annual Compliance Reports. These reports will be submitted every12 months after a collection and control system is installed. All landfills with capacitiesgreater than 2.5 million Mg and 2.5 million m must submit either the NMOC Emission3

Rate Reports or the Annual Reports.


K-2

LAN

DF

ILL

RE

PO

RT

LO

GT

rigge

r D

ate

FA

CIL

ITY

NA

ME

:__

____

____

____

____

____

____

____

_

/

/

C

ON

TA

CT

PE

RS

ON

:__

____

____

____

____

____

____

____

_

TE

LEP

HO

NE

NU

MB

ER

:__

____

____

____

____

____

____

____

_

#R

epor

tD

ueD

ate

Dat

eP

ostm

arke

dA

ccep

tabl

e(y

es o

r no

)C

omm

ents

Act

ions

if R

epor

t is

Acc

epta

ble

1In

itial

Des

ign

Cap

acity

Rep

orta

If ca

paci

ty is

2

.5 m

illio

n M

g an

d 2.

5 m

illio

n m

, go

to #

2.3

If ca

paci

ty is

< 2

.5 m

illio

n M

g or

2.5

mill

ion

m,

no f

urth

er a

ctio

n3

is r

equi

red

unle

ss c

apac

ity is

incr

ease

d.

2In

itial

NM

OC

Em

issi

on R

ate

Rep

ort

bIf

NM

OC

em

issi

on r

ate

is

50

Mg,

go

to #

3 or

#4.

If N

MO

C e

mis

sion

rat

e is

< 5

0 M

g, g

o to

Atta

chm

ent A

(N

MO

Cem

issi

on r

ate

repo

rt tr

acki

ng f

orm

).

3C

olle

ctio

n an

d C

ontr

olS

yste

m D

esig

n P

lan

cG

o to

Atta

chm

ent B

(A

nnua

l rep

ort t

rack

ing

form

).

4R

evis

ed N

MO

CE

mis

sion

Rat

e R

epor

t(T

ier

2)d

If N

MO

C e

mis

sion

rat

e is

50

Mg,

go

to #

3 or

#5.

If N

MO

C e

mis

sion

rat

e is

< 5

0 M

g, g

o to

Atta

chm

ent A

(N

MO

Cem

issi

on r

ate

repo

rt tr

acki

ng f

orm

).

5R

evis

ed N

MO

CE

mis

sion

Rat

e R

epor

t(T

ier

3)e

If N

MO

C e

mis

sion

rat

e is

50

Mg,

go

to #

3.If

NM

OC

em

issi

on r

ate

is <

50

Mg,

go

to A

ttach

men

t A (

NM

OC

emis

sion

rat

e re

port

trac

king

for

m).

6La

ndfil

l Clo

sure

Rep

ortf

7C

ontr

ol E

quip

men

tR

emov

al R

epor

tg

8A

men

ded

Des

ign

Cap

acity

Rep

ort

hIf

the

amen

ded

desi

gn c

apac

ity is

2.5

mill

ion

Mg

and

2.5

mill

ion

m,

go to

#2.

3

If ca

paci

ty is

< 2

.5 m

illio

n M

g or

2.5

mill

ion

m,

no f

urth

er a

ctio

n3

is r

equi

red

unle

ss c

apac

ity is

incr

ease

d.


K-3

The Initial Design Capacity Report is due no later than: a

1. June 10, 1996 for landfills that commenced construction, modification, orreconstruction on or after May 30, 1991 but before March 12, 1996, or

2. 90 days after the date the landfill commenced construction, modification, orreconstruction on or after March 12, 1996.

The Initial NMOC Emission Rate Report is due by the same date as the Initial Design Capacityb

Report.

1 year after reporting 50 Mg/yr of NMOC.c

180 days after reporting 50 Mg/yr of NMOC.d

1 year after reporting 50 Mg/yr of NMOC.e

within 30 days after ceasing to accept MSW.f

The Control Equipment Removal Report is required to be submitted 30 days prior to removal org

ceasing to operate the control equipment. In addition, the following three conditions must be metprior to removing controls:

1. closure report has been submitted,2. controls have been operated for at least 15 years, and3. three consecutive NMOC emission rate reports have demonstrated emissions

< 50 Mg/yr.

The Amended Design Capacity Report must be submitted within 90 days of an increase in theh

maximum design capacity of the landfill above the 2.5 million Mg and 2.5 million m size3

exemption.


K-4

LAN

DF

ILL

RE

PO

RT

LO

G

AT

TA

CH

ME

NT

A:

NM

OC

EM

ISS

ION

RA

TE

RE

PO

RT

S

#R

epor

tD

ueD

ate

Dat

eP

ostm

arke

dA

ccep

tabl

e(y

es o

r n

o)

NM

OC

Em

issi

onR

atea

(Mg/

yr)

Com

men

ts

A-1

Initi

al N

MO

CE

mis

sion

Rat

eR

epor

tb,c

A-2

2nd

NM

OC

Em

issi

onR

ate

Rep

ort

A-3

3rd

NM

OC

Em

issi

onR

ate

Rep

ort

A-4

4th

NM

OC

Em

issi

onR

ate

Rep

ort

A-5

5th

NM

OC

Em

issi

onR

ate

Rep

ort

A-6

6th

NM

OC

Em

issi

onR

ate

Rep

ort

A-7

d7t

h N

MO

C E

mis

sion

Rat

e R

epor

t

If N

MO

C e

mis

sion

rat

e is

50

Mg,

go

to #

3 or

#4

on L

andf

ill R

epor

t Log

. If

NM

OC

em

issi

on r

ate

is <

50

Mg,

go

to n

ext r

ow.

a Com

plet

e th

e in

form

atio

n fo

r th

e In

itial

NM

OC

Em

issi

on R

ate

Rep

ort u

sing

the

info

rmat

ion

from

the

Lan

dfill

Rep

ort l

og.

b Sub

sequ

ent

NM

OC

Em

issi

on R

ate

Rep

orts

are

due

ann

ually

afte

r th

e in

itial

rep

ort.

H

owev

er,

if th

e pr

ojec

ted

emis

sion

rat

e is

<

50 M

g in

eac

h of

c 5

con

secu

tive

year

s, t

he N

MO

C E

mis

sion

Rat

e R

epor

t may

be

subm

itted

eve

ry 5

yea

rs.

Add

row

s as

nec

essa

ry.

d


K-5

LAN

DF

ILL

RE

PO

RT

LO

G

AT

TA

CH

ME

NT

B:

AN

NU

AL

RE

PO

RT

S

#R

epor

tD

ueD

ate

Dat

eP

ostm

arke

dA

ccep

tabl

e(y

es o

r n

o)

Any

Exc

eeda

nces

?a

(yes

or

no)

Com

men

ts

B-1

Initi

al P

erfo

rman

ceT

est a

nd A

nnua

lR

epor

tb,c

B-2

2nd

Ann

ual R

epor

t

B-3

3rd

Ann

ual R

epor

t

B-4

4th

Ann

ual R

epor

t

B-5

5th

Ann

ual R

epor

t

B-6

6th

Ann

ual R

epor

t

B-7

7th

Ann

ual R

epor

t

B-8

8th

Ann

ual R

epor

t

B-9

d9t

h A

nnua

l Rep

ort

Ref

er t

o th

e ap

prop

riate

Ann

ual R

epor

t fo

r de

tails

on

exce

edan

ces.

a The

Initi

al P

erfo

rman

ce T

est a

nd A

nnua

l Rep

orts

are

due

with

in 1

80 d

ays

of in

stal

latio

n an

d st

art-

up o

f co

llect

ion

and

cont

rol

syst

em.

b Sub

sequ

ent A

nnua

l Rep

orts

are

due

eve

ry 1

2 m

onth

s th

erea

fter,

as

long

as

the

colle

ctio

n an

d co

ntro

l sys

tem

are

ope

ratin

g.c A

dd r

ows

as n

eces

sary

.d