Proposed Rule: Air Pollutants, Hazardous National Emission Standards: Municipal Solid Waste Landfills, Amendments

Friday,
September 8, 2006
Part III
Environmental
Protection Agency
40 CFR Parts 60, 62, and 63
Standards of Performance, Emission
Guidelines, and Federal Plan for
Municipal Solid Waste Landfills and
National Emission Standards for
Hazardous Air Pollutants; Municipal Solid
Waste Landfills; Proposed Rule
jlentini on PROD1PC65 with PROPOSAL3
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53272 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Proposed Rules
ENVIRONMENTAL PROTECTION Landfills NSPS where these rules did Instructions: Direct your comments to
AGENCY not directly incorporate the provisions Docket ID No. EPA–HQ–OAR–2003–
of the Landfills NSPS. 0215. EPA’s policy is that all comments
40 CFR Parts 60, 62, and 63 DATES: Comments must be received on received will be included in the public
[EPA–HQ–OAR–2003–0215; FRL–8217–6] or before November 7, 2006. docket without change and may be
Public Hearing. If anyone contacts made available online at
RIN 2060–AJ41 and A2060–AH13 EPA by September 28, 2006 requesting www.regulations.gov, including any
to speak at a public hearing, EPA will personal information provided, unless
Standards of Performance, Emission the comment includes information
Guidelines, and Federal Plan for hold a public hearing on October 10,
2006. If you are interested in attending claimed to be Confidential Business
Municipal Solid Waste Landfills and Information (CBI) or other information
National Emission Standards for the public hearing, contact Karen
Rackley at (919) 541–0634 to verify that whose disclosure is restricted by statute.
Hazardous Air Pollutants: Municipal Do not submit information that you
Solid Waste Landfills a hearing will be held.
consider to be CBI or otherwise
ADDRESSES: Submit your comments, protected through www.regulations.gov
AGENCY: Environmental Protection identified by Docket ID No. EPA–HQ–
Agency (EPA). or e-mail. The www.regulations.gov Web
OAR–2003–0215, by one of the site is an ‘‘anonymous access’’ system,
ACTION: Proposed rule; amendments. following methods: which means EPA will not know your
• www.regulations.gov. Follow the identity or contact information unless
SUMMARY: EPA is proposing on-line instructions for submitting
amendments to the ‘‘Standards of you provide it in the body of your
comments. comment. If you send an e-mail
Performance for Municipal Solid Waste • E-mail: Send your comments via
Landfills’’ (Landfills NSPS), to the comment directly to EPA without going
electronic mail to a-and-r- through www.regulations.gov, your e-
‘‘Emission Guidelines and Compliance docket@epa.gov, Attention Docket ID
Times for Municipal Solid Waste mail address will be automatically
No. EPA–HQ–OAR–2003–0215. captured and included as part of the
Landfills’’ (landfills emission • Fax: Fax your comments to (202)
guidelines), to the ‘‘National Emission comment that is placed in the public
566–1741, Attention Docket ID No. docket and made available on the
Standards for Hazardous Air Pollutants: EPA–HQ–OAR–2003–0215. Internet. If you submit an electronic
Municipal Solid Waste Landfills’’ • Mail: By U.S. Postal Service, send comment, EPA recommends that you
(Landfills NESHAP), and to the ‘‘Federal your comments to: EPA Docket Center include your name and other contact
Plan Requirements for Municipal Solid (EPA/DC), Environmental Protection information in the body of your
Waste Landfills that Commenced Agency, Mail Code 6102T, 1200 comment and with any disk or CD–ROM
Construction Prior to May 30, 1991 and Pennsylvania Ave., NW., Washington, you submit. If EPA cannot read your
Have Not Been Modified or DC 20460, Attention Docket ID No. comment due to technical difficulties
Reconstructed since May 30, 1991’’ EPA–HQ–OAR–2003–0215. Please and cannot contact you for clarification,
(landfills Federal plan). The proposed include a total of two copies. The EPA EPA may not be able to consider your
amendments to the Landfills NSPS are requests a separate copy also be sent to comment. Electronic files should avoid
supplemental amendments to those the contact person identified below (see the use of special characters, any form
proposed on May 23, 2002. Based on FOR FURTHER INFORMATION CONTACT). of encryption, and be free of any defects
public comments on the proposed • Hand Delivery: In person or by or viruses. For additional information
amendments and additional analysis, courier, deliver your comments to: EPA about EPA’s public docket, visit the EPA
we are proposing supplemental Docket Center (EPA/DC), EPA West Docket Center homepage at http://
amendments to the Landfills NSPS to Building, Room B–108, 1301 www.epa.gov/epahome/dockets.htm.
clarify what constitutes treated landfill Constitution Ave., NW., Washington, Public Hearing: If a public hearing is
gas. We are also proposing amendments DC 20004, Attention Docket ID No. held, it will be held at the EPA Facility
to the Landfills NSPS, emission EPA–HQ–OAR–2003–0215. Such Complex located at 109 T.W. Alexander
guidelines, Federal plan, and Landfills deliveries are accepted only during the Drive, Research Triangle Park, NC, or an
NESHAP to clarify who is responsible normal hours of operation (8:30 a.m. to alternate site nearby.
for compliance activities where multiple 4:30 p.m., Monday through Friday, Docket: All documents in the docket
parties are involved in the ownership or excluding legal holidays), and special are listed in the www.regulations.gov
operation of a landfill and the arrangements should be made for index. Although listed in the index,
associated landfill gas collection, deliveries of boxed information. some information is not publicly
control, and/or treatment systems. In available, i.e., CBI or other information
addition, we are proposing revisions to Note: The EPA Docket Center suffered
whose disclosure is restricted by statute.
both the Landfills NSPS and the damage due to flooding during the last week
of June 2006. The Docket Center is Certain other material, such as
Landfills NESHAP regarding startup, continuing to operate. However, during the copyrighted material, is not placed on
shutdown, malfunction, and routine cleanup, there will be temporary changes to the Internet and will be publicly
maintenance. Docket Center telephone numbers, addresses, available only in hard copy form.
The proposed amendments to the and hours of operation for people who wish Publicly available docket materials are
Landfills NSPS would also serve to to make hand deliveries or visit the Public available either electronically in
amend the emission guidelines and the Reading Room to view documents. Consult www.regulations.gov or in hard copy at
Federal plan for existing municipal EPA’s Federal Register notice at 71 FR 38147 the EPA Docket Center (EPA/DC), EPA
solid waste landfills because these rules (July 5, 2006), or the EPA Web site at http:// West Building, Room B–102, 1301
www.epa.gov/epahome/dockets.htm for
incorporate the provisions of the Constitution Ave., NW., Washington,

current information on docket operations,
‘‘Standards of Performance for locations, and telephone numbers. The DC. The Public Reading Room is open
Municipal Solid Waste Landfills.’’ We Docket Center’s mailing address for U.S. mail from 8:30 a.m. to 4:30 p.m., Monday
are proposing changes to the emission and the procedure for submitting comments through Friday, excluding legal
guidelines and Federal plan themselves to www.regulations.gov are not affected by holidays. The telephone number for the
to reflect the proposed changes to the the flooding and will remain the same. Public Reading Room is (202) 566–1744,
Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Proposed Rules 53273
and the telephone number for the EPA Chemicals Group (E143–01), U.S. EPA, proposed amendments include
Docket Center is (202) 566–1742. Research Triangle Park, NC 27711; municipal solid waste (MSW) landfills
telephone number: (919) 541–0634, e- and owners/operators of combustion
FOR FURTHER INFORMATION CONTACT: Ms. mail address: rackley.karen@epa.gov. devices that burn untreated landfill gas,
Karen Rackley, Office of Air Quality
SUPPLEMENTARY INFORMATION: which may include the following
Planning and Standards, Sector Policies Regulated Entities. Categories and entities:
and Programs Division, Coatings and entities potentially regulated by the
Category NAICS* code Examples of potentially regulated entities
Industry: Air and water resource and solid waste management 924110 Solid waste landfills.
Industry: Refuse systems—solid waste landfills ......................... 562212 Solid waste landfills.
State, local, and tribal government agencies ............................. 562212 Solid waste landfills; Air and water resource and solid waste
924110 management.
Any industry, commercial business, or institution or utility that 4911 Electric power generation, transmission, or distribution.
burns untreated landfill gas in a reciprocating engine, tur-
bine, boiler, or other combustion device (e.g., for energy re-
covery).
49 Electric, gas, and sanitary services.
37 Manufacturers of motor vehicle parts and accessories.
82 Educational services.
29 Petroleum refineries and manufacturers of coal products.
28 Chemical manufacturers.
*North American Industry Classification System.
This table is not intended to be proposed amendments on the TTN’s B. Correction of Cross-Reference in the
exhaustive, but rather provides a guide policy and guidance page for newly Landfills NSPS
for readers regarding entities likely to be proposed or promulgated rules at C. Clarification of Bioreactor Moisture
Content Determination for the Landfills
regulated by the proposed amendments. http://www.epa.gov/ttn/oarpg. The TTN
NESHAP
To determine whether your facility provides information and technology D. Correction of Date in the Landfills
would be regulated by the proposed exchange in various areas of air NESHAP
amendments, you should carefully pollution control. VI. Statutory and Executive Order Reviews
examine the applicability criteria in 40 Outline. The information presented in A. Executive Order 12866, Regulatory
CFR 60.32c of subpart Cc, 40 CFR this preamble is organized as follows: Planning and Review
60.750 of subpart WWW, 40 CFR B. Paperwork Reduction Act
I. Background
62.14352 of subpart GGG, or 40 CFR C. Regulatory Flexibility Act
A. What rules affect MSW landfills?
63.1935 and 40 CFR 63.1940 of subpart D. Unfunded Mandates Reform Act
B. What is the purpose of the proposed
E. Executive Order 13132, Federalism
AAAA. If you have any questions amendments?
F. Executive Order 13175, Consultation
regarding the applicability of the II. Summary of the Proposed Amendments
and Coordination with Indian Tribal
proposed amendments to a particular A. What changes did we propose to the
Governments
entity, contact the person listed in the Landfills NSPS on May 23, 2002? G. Executive Order 13045, Protection of
preceding FOR FURTHER INFORMATION B. What supplemental amendments are we Children from Environmental Health
proposing to the Landfills NSPS,
CONTACT section. Risks and Safety Risks
emission guidelines, and Federal plan?
Docket. The docket number for the H. Executive Order 13211, Actions
C. What changes are we proposing to the Concerning Regulations That
proposed amendments to the Landfills Landfills NSPS and Landfills NESHAP
NSPS (40 CFR part 60, subpart WWW), Significantly Affect Energy Supply,
regarding startup, shutdown, and Distribution, or Use
emission guidelines (40 CFR part 60, malfunction?
subpart Cc), Federal plan (40 CFR part I. National Technology Transfer and
D. What other corrections and Advancement Act
62, subpart GGG), and Landfills clarifications are we proposing?
NESHAP (40 CFR part 63, subpart E. Are we requesting public comment on I. Background
AAAA) is Docket ID No. EPA–HQ– any other issues?
III. Rationale for the Proposed Supplemental A. What rules affect MSW landfills?
OAR–2003–0215. Docket ID No. A–88–
09 contains supporting information for Amendments On March 12, 1996 (61 FR 9905), we
A. Definition of Landfill Owner/Operator promulgated the emission guidelines for
the landfills NSPS and emission
and Allowance for Off-site Control or
guidelines and Docket ID No. EPA– existing MSW landfills and the NSPS
Treatment Option
OAR–2002–0047 and Docket ID No. A– B. Definitions for Treated Landfill Gas and for new or modified MSW landfills
98–28 contain the supporting Treatment System and Clarification to under authority of section 111 of the
information for the Landfills NESHAP. the Treatment Option Clean Air Act (CAA). The goal of the
Docket ID No. A–98–03 and Docket ID IV. Rationale for Proposed Landfills NSPS emission guidelines and NSPS is to
No. A–88–09 contain supporting and Landfills NESHAP Amendments control landfill gas emissions to the
information for the landfills Federal Regarding Startup, Shutdown, and level achievable through the application
plan. Malfunction of the best system of emissions
WorldWide Web (WWW). In addition A. Proposed Landfills NSPS Startup, reductions which (taking into account
Shutdown, and Malfunction Provisions
to being available in the docket, an the cost of such reduction and any non-
B. Proposed Landfills NESHAP Startup,
electronic copy of the proposed Shutdown, and Malfunction Provisions
air quality health and environmental
amendments is available on the WWW V. Rationale for Other Proposed Corrections impact and energy requirements) we
through the Technology Transfer and Clarifications determine has been adequately
Network Website (TTN). Following A. Clarification of Temperature Monitoring demonstrated. This is termed the Abest
signature, EPA will post a copy of the for Enclosed Combustors demonstrated technology.’’ On
November 8, 1999 (64 FR 60689), we implementing the Landfills NSPS, requirements of the Landfills NSPS and
promulgated the landfills Federal plan emission guidelines, and Landfills also makes use of a renewable energy
requirements for the purpose of NESHAP. resource and reduces combustion of
implementing the landfills emission scarce fossil fuels and emissions
B. What is the purpose of the proposed
guidelines in States without approved produced during their combustion. This
amendments?
State plans. unique situation raises unique issues on
The control of landfill gas based on We are proposing supplemental the respective responsibilities of landfill
the requirements of the Landfills NSPS, amendments to the May 23, 2002 owners/operators and gas collection,
emission guidelines, and Federal plan proposed amendments to the Landfills control, and/or treatment system
results in emissions reductions of over NSPS. While today’s proposed owners/operators for complying with
30 volatile organic compounds and air supplemental amendments would, for the Landfills NSPS.
toxics such as toluene, benzene, and the most part, specifically amend the
vinyl chloride. The reduction of these Landfills NSPS, they would also serve Although today’s proposed
emissions has direct and indirect health to amend the landfills emission supplemental amendments allocate
benefits as well as environmental guidelines for existing MSW landfills responsibility for complying with
benefits. In addition, the control of because the emission guidelines certain specified requirements to the
landfill gas results in reductions of incorporate many of the provisions of owners/operators of the MSW landfill
methane gas emissions, which reduces the Landfills NSPS. In addition, today’s and responsibility for complying with
the potential for fires and explosions proposed supplemental amendments other specified requirements to the
near landfills. Control of landfill gas include conforming changes to certain owners/operators of gas collection,
reduces odor problems, which reduces provisions of the landfills emission control and/or treatment systems used
the potential for local property de- guidelines that do not directly to comply with the Landfills NSPS, they
valuation and poorer quality of life for incorporate the provisions of the do not alter compliance responsibilities
local residents. Some landfills control Landfills NSPS; make conforming where affected sources 1 are under
landfill gas by combusting it in a boiler, changes to the landfills Federal plan for common control.2 (Today’s proposed
engine, or turbine to produce steam or existing MSW landfills; and would supplemental amendments also
electricity, taking advantage of landfill affect changes to the Landfills NESHAP continue to recognize that the owner/
gas as a renewable energy source. for MSW landfills. The supplemental operator of the MSW landfill may also
The landfills emission guidelines, as proposed amendments would, in be the owner/operator of the gas
implemented through an approved State conjunction with the previously collection, control, and/or treatment
plan or the landfills Federal plan, and proposed amendments, further clarify system.) The question of whether
the Landfills NSPS require large the definition of landfill owners/ affected sources are under common
landfills (at least 2.5 million megagrams operators; clarify compliance control may be determined as part of
(Mg) and 2.5 million cubic meters in responsibilities in situations where permitting activities. In a common
size) with estimated nonmethane multiple entities own/operate a landfill control determination, various affected
organic compound (NMOC) emissions and the gas collection, control, or sources are aggregated together, and the
of at least 50 megagrams per year (Mg/ treatment systems (either at the landfill owner/operator of the resulting single
yr) to collect and control or treat landfill or off site); and clarify the definition of source is ultimately responsible for
gas. The Landfills NSPS and emission treated landfill gas. Today’s proposed ensuring compliance with all applicable
guidelines provide landfill owners or supplemental amendments do not requirements (including requirements
operators with some degree of flexibility change how you determine whether a applicable to each of the affected
to achieve compliance, allowing them to landfill is ‘‘new’’ or ‘‘existing,’’ and sources/emissions units that make up
incorporate site-specific factors into the accordingly subject to the Landfills the single source). To ensure that the
design of the collection and control or NSPS or emission guidelines. The proposed amendments to the Landfills
treatment systems, as long as the determination of whether an affected NSPS allocating various compliance
systems meet specific performance facility is new or existing is still based responsibilities among the owners/
standards. On January 16, 2003 (68 FR on the date of construction or operators of affected sources do not
2227), we promulgated the Landfills modification of the landfill itself and conflict with determining compliance
NESHAP under authority of section 112 not the date of installation of the gas responsibilities when the affected
of the CAA. The Landfills NESHAP collection, control, or treatment system. sources are under common control, 40
apply to both major and area sources In allocating certain responsibilities to CFR 60.750(a) of the Landfills NSPS,
and contain the same requirements as the landfill owners/operators and others related sections of the landfills emission
the landfills emission guidelines and to the gas collection, control, and/or guidelines, the landfills Federal plan,
Landfills NSPS, but add requirements treatment system owners/operators, it is and the Landfills NESHAP specify that
for startup, shutdown, and malfunction not our intent to establish a precedent responsibility for compliance cannot be
(SSM), add operating condition for any other NSPS or NESHAP. We are allocated where landfills and associated
deviations for out-of-bounds monitoring proposing this compliance approach
parameters, require timely control of specifically for landfills because of the 1 The Landfills NSPS define the affected sources
bioreactor landfills, and change the unique nature of landfill operations and subject to the NSPS and the requirements to which
reporting frequency for one type of to encourage energy recovery. Landfill these affected sources are subject. However, a single
report. gas is commonly collected and source is defined by the program in question, e.g.,
On May 23, 2002 (67 FR 36476), we combusted to produce electricity, steam, title V, new source review, and in many cases,
requires the aggregation of emissions units,
proposed amendments to the Landfills or other useful energy; combustion for including affected sources.
NSPS because implementation activity energy recovery often occurs miles away 2 Common control is a key element in defining
showed a need for clarification of some from the landfill itself at a separate whether and how activities at a site are to be
issues. Consideration of the public industrial, commercial, or institutional aggregated in determining whether they constitute
a single source. See, for example, Alabama Power
comments received and additional facility. Combusting landfill gas for v. Costle, 636 F.2d 323 (District of Columbia Circuit,
implementation activity has shown the energy recovery is a reasonable 1979), section 112(a)(1) of the CAA, 40 CFR 70.2,
need for even further clarification on approach to meeting the control and 40 CFR 51.166(b)(5) and (6).
gas collection, control, and/or treatment should be determined on a wet weight We proposed to amend 40 CFR
systems are under common control. basis for the Landfills NESHAP; and 60.752(b)(2)(iii)(C) of subpart WWW to
It is important to note that in cases of correct a compliance date in the specify that to achieve compliance with
common control, although the owner/ Landfills NESHAP. this section, landfill gas must be
operator of the single source (e.g., the As stated earlier, the proposed processed in a system that meets the
owner/operator of the landfill and/or supplemental amendments to the treatment system definition in the
gas collection, control, and/or treatment Landfills NSPS would also serve to proposed amendment. We also
system) is ultimately responsible for amend the landfills emission guidelines proposed to amend this section to
ensuring compliance at the source, and Federal plan for MSW landfills clarify that venting of treated landfill
enforcement action could be taken by where these rules specifically gas to the ambient air is not permitted.
EPA or a State against the owners/ incorporate the provisions of the We proposed to amend 40 CFR
operators of individual affected sources/ Landfills NSPS. We are also proposing 60.752(b)(2)(iii)(B) of subpart WWW to
emissions units in addition to the direct changes to the landfills emission exempt owners/operators of boilers and
owner/operator of the single source. guidelines to maintain consistency with process heaters with design input
This is because enforcement action is the proposed changes to the Landfills capacities of 44 megawatts (MW) or
not limited by the determination of who NSPS where the emission guidelines greater from the requirement to conduct
is ultimately in control of a single did not directly incorporate the an initial performance test.
source, but rather can be taken against provisions of the Landfills NSPS. B. What supplemental amendments are
the owners/operators of each individual Changes to the landfills Federal plan we proposing to the Landfills NSPS,
affected source/emissions unit implementing the landfills emission emission guidelines, and Federal plan?
comprising that source. guidelines are being proposed to ensure
Additionally, regardless of the various the plan remains consistent with the Public comments on the May 23, 2002
regulatory approaches that are discussed landfills emission guidelines. proposed amendments raised new
in today’s package, all landfills that are questions and caused us to reconsider
at least 2.5 Mg and 2.5 million cubic II. Summary of the Proposed the approach we had taken on several
meters in size, and all stationary Amendments proposed amendments. Based on further
equipment that is required by the analysis, we are proposing
A. What changes did we propose to the
Landfills NSPS, emission guidelines, supplemental amendments that we
Landfills NSPS on May 23, 2002?
Federal plan, and Landfills NESHAP to expect to help owners/operators to
collect, control, and/or treat landfill gas On May 23, 2002, EPA proposed comply with the Landfills NSPS. As
from MSW landfills of this size, amendments to the Landfills NSPS to mentioned previously, the proposed
continue to be subject to the clarify who is responsible for supplemental amendments clarify: The
requirement to apply for and obtain a compliance activities where multiple definition of landfill owner/operator;
title V permit. This is because section entities are involved in the ownership/ compliance responsibilities when
502(a) of the CAA requires any source, operation of a landfill and the multiple entities own/operate a landfill
including an area source, subject to associated landfill gas collection, and the associated landfill gas
standards or regulations under section control, and/or treatment systems; collection, control, and/or treatment
111 or 112 of the CAA to operate in clarify what constitutes treated landfill systems; and what constitutes treated
compliance with a title V permit after gas; and correct the omission of an landfill gas. Additional proposed
the effective date of a title V permits exemption for specific boilers and amendments, including SSM
program. Thus, regardless of the number process heaters from the initial provisions, and other corrections are
of affected sources or owner/operators performance test. discussed later in this section of this
that are relevant in a particular MSW To be specific, we proposed to amend preamble.
landfill situation, all affected sources 40 CFR 60.751 of subpart WWW by To address compliance
are required to be covered by a title V adding a landfill-specific definition for responsibilities at landfills where
operating permit. The final regulatory MSW landfill owners/operators. This multiple entities own/operate the
language will provide additional landfill-specific definition would landfill and the associated landfill gas
clarification on this point after a identify MSW landfill owners/operators collection, control, or treatment
regulatory approach is selected. as entities that own or operate the systems, we are proposing to add a
We are proposing further landfill or any stationary equipment specific definition of ‘‘landfill gas
clarifications to the landfill gas located on the landfill property that is collection, control, or treatment system
treatment compliance option, including used in the collection, control, and/or owner/operator’’ and to revise the May
more specific definitions of ‘‘treated treatment of landfill gas. We also 2002 proposed definition of ‘‘landfill
landfill gas’’ and ‘‘treatment system’’ in proposed to amend 40 CFR 60.752 of owner/operator’’ by removing references
the Landfills NSPS. subpart WWW to allow landfill owners/ to stationary gas collection, control, or
We are proposing clarifications that operators to transfer untreated landfill treatment systems. We are also
would amend the time allowed for gas off site for control or treatment, proposing to revise the applicability
malfunction events in the Landfills provided the transferee certifies to us section to clarify compliance
NSPS. The amendments would also (and provides a copy to the landfill responsibilities. We are proposing that
clarify the SSM plan requirements and owner/operator) that it will control or the landfill owners/operators would be
reports and the incorporation of treat the landfill gas in accordance with responsible for complying with the
maintenance activities in those plans in the Landfills NSPS provisions. requirements of the Landfills NSPS that
the Landfills NESHAP. We further proposed to amend 40 CFR apply to the landfills and any portion of
The proposed supplemental 60.751 of subpart WWW by adding a the collection, control, or treatment
amendments would correct a test definition for treatment system. The system that they own or operate. The
method citation in the Landfills NSPS; May 23, 2002 proposed definition for owners/operators of the landfill gas
clarify Landfills NSPS temperature treatment system specified that the collection, control, or treatment systems
monitoring for enclosed combustors; system must filter, de-water, and would be responsible for complying
clarify that bioreactor moisture content compress landfill gas. with the requirements of the Landfills
NSPS that apply to the portion of the that owners/operators would atmosphere shall be closed within 1
landfill gas collection, control, or continuously monitor treatment system hour.
treatment system that they own or operating parameters and calculate 24- The Landfills NESHAP have no
operate. To maintain consistency hour block averages. The 24-hour block allowance for shutdown of control
between the Landfills NSPS, emission averages would be compared with the devices for routine maintenance.
guidelines, Federal plan, and Landfills operating ranges justified in the design Furthermore, after the Landfills
NESHAP with regard to owner/operator plan to determine compliance. The NESHAP were promulgated, there were
responsibilities, we are also proposing specific recordkeeping and reporting revisions to the SSM requirements in
similar revisions to the landfills requirements for treatment systems the NESHAP General Provisions in 40
emission guidelines, Federal plan, and would be similar to those for control CFR part 63, subpart A. The revised
Landfills NESHAP. As discussed later in device temperature monitoring General Provisions contain some
this preamble, we are requesting requirements already detailed in the changes that are not relevant or can be
comment on this approach, as well as an Landfills NSPS. Owners/operators of difficult to interpret for landfills. We
alternative approach regarding treatment systems installed prior to are, therefore, proposing revisions to the
compliance responsibilities. today’s proposed supplemental Landfills NESHAP that require routine
To clarify what constitutes landfill gas amendments would be required to maintenance of landfill gas collection,
treatment, we propose to refine the May comply with the revised treatment control, and treatment systems to be
23, 2002 proposed definitions of system requirements as expeditiously as included in the SSM plan. We are also
‘‘treated landfill gas’’ and ‘‘treatment practicable, but no later than 1 year after clarifying SSM reporting requirements
system’’ in the Landfills NSPS. For the date the final amendments are for landfills and the applicability of
filtration and de-watering, the refined promulgated. We are also proposing SSM sections of the General Provisions
proposed definitions contain specific clarifications to various sections of the to the Landfills NESHAP.
numerical values that would provide Landfills NESHAP that cross-reference D. What other corrections and
long-term protection of the combustion the Landfills NSPS treatment system clarifications are we proposing?
equipment, which would support good and monitoring requirements to
combustion. For particulate matter We propose to amend 40 CFR
maintain consistency.
filtration, a filter system would be 60.758(b)(2)(i) and 40 CFR
We are not altering the May 23, 2002 60.758(c)(1)(i) of subpart WWW by
required to have an absolute rating no
proposal to amend 40 CFR removing the term ‘‘combustion’’ from
greater than 10 microns. For de-
60.752(b)(2)(iii)(B) of subpart WWW to the requirement to monitor temperature
watering, the system would be required
exempt owners/operators of boilers and of enclosed combustors. Temperature
to reduce the dew point by at least 20
process heaters with design capacities of monitoring is required for enclosed
degrees Fahrenheit.
We are also clarifying the monitoring 44 MW or greater from the requirement combustors, including enclosed flares,
requirements for treatment systems. To to conduct an initial performance test. turbines, reciprocating engines, and
ensure that treatment systems are C. What changes are we proposing to the boilers less than 44 MW. For some
operating properly to achieve the Landfills NSPS and Landfills NESHAP enclosed combustors, it is not possible
filtration and de-watering levels regarding startup, shutdown, and to monitor temperature inside the
specified in the revised proposed malfunction? combustion chamber to determine
treatment system definition, we are combustion temperature. The proposed
proposing more specific monitoring, The current Landfills NSPS limit the amendment clarifies that the
recordkeeping, and reporting duration of SSM events to 5 days for the ‘‘combustion’’ temperature does not
requirements for treatment systems used landfill gas collection system and 1 hour have to be monitored. Temperature
to comply with the Landfills NSPS. We for treatment or control devices. Since could be monitored at another location,
are proposing that owners/operators of promulgation of the Landfills NSPS, we as long as the monitored temperature
treatment systems monitor pressure have become aware that some relates to proper operation of the
drop across the filtration system and malfunctions cannot be corrected within enclosed combustor.
temperature or dew point for de- these time frames. Therefore, we We propose to correct a test method
watering systems, depending on the propose to revise 40 CFR 60.755(e) of cross-reference in 40 CFR 60.755(c)(3) of
type of de-watering system. However, subpart WWW to remove the 5 day and subpart WWW necessitated by the
we are proposing to allow owners/ 1 hour time limitations. The proposed reorganization of Method 21 in
operators to use other monitoring revisions would clarify that the NSPS appendix A to 40 CFR part 60.
parameters if they demonstrate that General Provisions in 40 CFR 60.11(d) In the Landfills NESHAP, we propose
such parameters would effectively of subpart A continue to apply during to correct 40 CFR 63.1990 of subpart
monitor filtration or de-watering system malfunctions, and that routine AAAA to clarify that the 40 percent
performance. We are clarifying that maintenance activities must be moisture content in the definition of
owners/operators must develop completed and malfunctions must be ‘‘bioreactor’’ is determined on a wet
operating ranges for each monitored corrected as soon as practicable after weight basis.
operating parameter based on their occurrence in order to minimize The proposed supplemental
manufacturer’s recommendations or emissions. To prevent free venting of amendments would also correct a
engineering analysis and submit those landfill gas to the atmosphere during Landfills NESHAP compliance date for
ranges, along with justification, for control device malfunctions or existing major sources to read January
approval in the design plan required by maintenance, we would retain the 16, 2004 instead of January 13, 2004 in
40 CFR 60.752(b)(2) of subpart WWW. requirement in 40 CFR 60.753(e) of 40 CFR 63.1945(d) of subpart AAAA.
Then, owners/operators would be subpart WWW which states that in the We propose to amend the definition
required to monitor the required event the collection or control system is of ‘‘household waste’’ and add a
parameters and keep them within the inoperable, the gas mover system shall definition of ‘‘segregated yard waste’’ in
ranges specified in their approved be shut down and all valves in the 40 CFR 60.751 of subpart WWW to
design plan. For recordkeeping and collection and control system clarify our intent regarding the
reporting purposes, we are clarifying contributing to venting of gas to the applicability of the Landfills NSPS,
emission guidelines, Federal plan, and that the excluded areas emit less than 1 attention that some design plans have
Landfills NESHAP to landfills that do percent of total NMOC emissions from been submitted but have not been
not accept household waste, but accept the landfill. approved or disapproved for a year or
segregated yard waste. We intended the It has come to our attention that in even 2 years. As a result, some landfills
rules to apply to municipal solid waste many cases, a contiguous area will may be faced with the prospect of
landfills that accept general household contain unconnected landfill sections installing a gas collection and control
waste (including garbage, trash, sanitary that were developed sequentially over system that they are not sure will be
waste), as indicated in the definitions time. An initial landfill is constructed, approved or may be implementing
sections of these rules. Our regulatory filled, closed, and capped. Then a new monitoring approaches that might later
analyses for the Landfills NSPS, one with a separate liner opens on be disapproved.
emission guidelines, and Landfills contiguous property. Under the While there must always be an
NESHAP were based on landfills Landfills NSPS, these are part of the opportunity for the implementing
containing mixed household waste same landfill and controls cannot be agency to review and approve or
steams. A question has recently arisen removed from the closed and capped disapprove each design plan, one
on whether a landfill that accepts only area until it emits less than 1 percent of approach would be that if the
construction and demolition waste and the total NMOC, or until the entire implementing agency chooses not to
segregated yard waste would be subject contiguous landfill is closed and meets review or act on a design plan within a
to the municipal solid waste Landfills the control system removal criteria. In specified amount of time, then the
NSPS. We did not intend these rules to some cases, gas production from the design plan would have de facto
apply to landfills that accept only separate section that closed many years approval. This would be one way to
segregated yard waste or that accept a ago has declined, and the gas allow the landfill to move ahead to meet
combination of segregated yard waste composition has changed to the point the gas collection and control provisions
and non-household waste (such as where it is difficult to continuously within the time allowed by the Landfills
construction and demolition waste or collect and combust the gas. However, NSPS and emission guidelines. Note
industrial waste). The proposed the closed area may not meet the 1 that all design plans must be certified by
definition changes in the Landfills percent NMOC criteria that would allow a registered Professional Engineer (P.E.).
NSPS would also affect the emission removal of the control system from that Also, after the collection and control
guideline, Federal plan, and Landfills section of the landfill. We request system is installed, quarterly monitoring
NESHAP because they reference the comments on any approaches for of the landfill surface methane
definitions in the Landfills NSPS. dealing with such a situation, and the concentration is required to verify that
specific criteria that could be applied to the collection system is working
E. Are we requesting public comment on determine which areas warrant control properly, and testing and monitoring of
any other issues? and which may remove control. control devices is also required. Thus,
We are requesting public comment on The second issue deals with approval even if a design plan was not reviewed
alternative approaches for addressing of collection and control system design and approved, the system will be
three issues the landfill industry and plans. The Landfills NSPS and emission professionally designed and there will
regulatory agencies face in guidelines require landfill owners/ still be proof that the collection and
implementing the Landfills NSPS, operators to submit a gas collection and control system is achieving the level of
emission guideline, Federal plan, and control system design plan within 1 control required by the Landfills NSPS
Landfills NESHAP. year of when their calculated and emission guidelines. We request
The first issue deals with closed areas uncontrolled NMOC emissions reach 50 comment on this approach or other
of landfills and when they are allowed Mg/yr. The plan may include requests alternative approaches to address the
to remove controls. The current for alternative designs, alternative issues surrounding timeliness of design
Landfills NSPS define an MSW landfill operational standards, and alternative plan approvals. We also request
as: ‘‘* * * an entire disposal facility in monitoring and recordkeeping. The plan comment on what period of time would
a contiguous geographical space where is submitted to the regulatory authority be appropriate for review and approval
household waste is placed in or on land that implements the Landfills NSPS or of initial design plans, and whether the
* * *.’’ We have clearly stated in emission guidelines (usually a State time period should be different for
previous documents that the entire agency) for approval. The Landfills review and approval of amendments or
contiguous area, including both closed NSPS and emission guidelines require updates to design plans.
landfill sections and new landfill that landfill gas collection and control The third issue deals with surface
sections, is considered a single landfill, systems must be installed and begin monitoring locations. The intent of the
even if the landfill is bisected by a road, operation within 30 months of the rule is to maintain a tight cover that
right of way, golf course, etc. Our intent report that calculated NMOC emissions minimizes any emissions of landfill gas
has always been to consider the entire have reached 50 Mg/yr, which is 18 through the surface. The Landfills NSPS
contiguous area in determining whether months after the design plan is and emission guidelines require
a landfill meets the design capacity and submitted. In the 1999 document quarterly surface monitoring to
emission rate criteria for applying ‘‘Municipal Solid Waste Landfills, demonstrate that the cover and gas
controls. Similarly, to remove controls, Volume 1: Summary of Requirements collection system are working properly.
the entire area would need to meet the for New Source Performance Standards The operational requirements in 40 CFR
control removal criteria in the Landfills and Emission Guidelines for Municipal 60.753(d) of the Landfills NSPS specify
NSPS (e.g., the entire landfill must emit Solid Waste Landfills’’ (EPA–453R/96– that the landfill must ‘‘* * * operate
less than 50 Mg NMOC per year, must 004), we stated that EPA expected that the collection system so that the
be closed, and the control system must implementing agency review and methane concentration is less than 500
have been in operation for at least 15 approval of the design plan would take parts per million above background at
years). Also, 40 CFR 60.759(a)(3)(ii) approximately 6 months, leaving the surface of the landfills. To
allows landfill owners/operators to stop approximately 12 months for the determine if this level is exceeded, the
collecting gas from ‘‘nonproductive’’ landfill to install the gas collection and owner or operator shall conduct surface
areas of the landfill if they demonstrate control system. It has come to our testing around the perimeter of the
collection area and along a pattern that miles away at a business, institution, or example cited was a gas collection
traverses the landfill at 30 meter industrial plant that is using landfill gas system operator who has a contract with
intervals and where visual observations to fuel a boiler or other combustion a landfill to perform specific activities,
indicate elevated concentrations of device. This situation is different from such as monitoring and adjusting the
landfill gas, such as distressed most source categories where the same gas collection system to maintain
vegetation and cracks or seeps in the entity that generates emissions typically compliance with the temperature,
cover.’’ The issue has arisen as to controls the emissions within their nitrogen, and oxygen requirements of
whether the quarterly monitoring path facility. We recognize and encourage the Landfills NSPS could now be
should include monitoring of every beneficial use of landfill gas, but we also considered a landfill owner/operator
cover penetration. Cover penetrations want to clarify that entities collecting, and held liable for compliance with
can be observed visually and are clearly controlling, or treating the gas are NSPS requirements beyond their
a place where gas would be escaping responsible for complying with the contract authority and control.
from the cover, so monitoring of them Landfills NSPS, emission guidelines, Similarly, a company that owned/
would be required by the regulatory Federal plan, and Landfills NESHAP. operated only the gas control device
language. The regulatory language gives Based on a review of the comments could be held responsible for landfill
distressed vegetation and cracks as an that we received on our May 23, 2002 and collection system operation
example of a visual indication that gas proposed amendments to clarify the activities over which they have no
may be escaping, but this example does owner/operator definition and control.
not limit the places that should be responsibilities, we have determined Several of the commenters suggested
monitored by landfill staff or by that a new approach and further that compliance responsibility at a
enforcement agency inspectors. Thus, revisions are needed to effectively landfill that operates with multiple on-
under the current language, the landfill address compliance responsibilities in site entities be established, on a
should monitor any openings that are situations where multiple entities own/ voluntary basis, through a certification
within an area of the landfill where operate the landfill and associated gas process similar to the off-site
waste has been placed and a gas collection, control, and/or treatment certification process proposed in the
collection system is required. However, systems. In May 2002, we proposed to May 2002 Landfills NSPS amendments.
monitoring of every cover penetration define ‘‘landfill owner/operator’’ as Ownership and operation of on-site
every quarter could substantially ‘‘* * * any entity that owns or operates landfill gas collection, control, or
increase monitoring time relative to a MSW landfill or any stationary treatment systems by another entity is a
monitoring only along a path at 30 equipment located on the same property common practice, and the commenters
meter intervals and may not be as the MSW landfill facility that is used wanted the owner/operator of the
necessary every quarter. We request to collect, control, or treat landfill gas.’’ landfill and the on-site entity to have
comment on this rule interpretation and We also proposed an allowance for off- the flexibility to determine any division
alternatives for monitoring cover site control or treatment by another of compliance responsibility. The
penetrations that do not show distressed entity if that entity accepted compliance commenters suggested that the landfill
vegetation, cracks, or similar indications responsibility through a certification owner/operator and the additional
of high landfill gas levels. process. The certification process would entity provide EPA with a written
have allowed transfer of control or certification and an outline of
III. Rationale for the Proposed treatment responsibility in specified compliance responsibilities for the
Supplemental Amendments circumstances without holding the various compliance assurance activities.
A. Definition of Landfill Owner/ landfill owners/operators responsible Other commenters noted that limiting
Operator and Allowance for Off-Site for the actions of the off-site entity. the compliance certification option to
Control or Treatment Option However, many commenters stated off-site entities would unnecessarily
that the revised definition of ‘‘landfill inhibit the flexibility EPA seeks to
Amendments were proposed in 2002 owner/operator’’ was too broad. Some create and would impose an artificial
to clarify which entities are considered argued that the inclusion of ‘‘* * * any distinction between on-site and off-site
landfill owners/operators and are stationary equipment located on the recipients of untreated landfill gas.
subject to the Landfills NSPS, and to same property as a MSW facility that is Based on further consideration, we
clarify compliance responsibilities used to collect, control, or treat landfill are proposing supplemental
when landfill gas is sent off site for gas * * *’’ would result in ‘‘confusion’’ amendments that would replace the
treatment or control. The May 2002 as to who is responsible for compliance May 23, 2002 proposed definition of
proposed amendments and today’s at a landfill where one or more entities ‘‘landfill owner/operator’’ and the
proposed supplemental amendments operate on the landfill site or in proposed off-site certification approach.
recognize the unique natures of the conjunction with the landfill owner/ We recognize that many landfills
landfills source category and landfill operator. The commenters explained accomplish control of their untreated
gas. Because landfill gas contains that the proposed definition was so landfill gas by providing the gas to a
methane and can be used as a renewable broad that it potentially included business, industry, or institutional
resource to produce useful energy, it is entities that act in a supportive role on facility that combusts the untreated gas
common for landfill gas to be sold to a landfill site. Some commenters also in a reciprocating engine or gas turbine
entities, other than the landfill, that objected to the ‘‘joint and several to produce electricity or in a boiler,
combust the gas for energy recovery. liability’’ they believe is inherent in this process heater, or furnace to produce
These entities often own and/or operate definition. Some commenters cited an steam or heat for a useful purpose. This
portions of the gas collection system example where a developer who may may occur at the landfill or at another
and the control or treatment systems own only a portion of the landfill gas location. The beneficial use of landfill
required by the Landfills NSPS, collection system and has no rights to gas, a renewable energy source, offsets
emission guidelines, Federal plan, and gas from other sections of the landfill the use of fossil fuels that can generate
Landfills NESHAP. Control or treatment could be considered responsible for all greater emissions. To facilitate the
systems may be located on or adjacent NSPS compliance issues at the landfill beneficial use of landfill gas, we
to the landfill, or they may be located under the proposed definition. Another propose to clarify compliance
responsibilities in cases where multiple system that the landfill itself owns/ to-date and that all owners/operators
entities are involved in a way that will operates. Furthermore, we are proposing maintain a copy of the list onsite and
ensure Landfills NSPS compliance and a default compliance provision in the comply with the responsibilities in the
enforceability, but will not discourage applicability section of the Landfills list that are assigned to them. The
beneficial use of the gas. NSPS that would automatically shift all compliance responsibilities of each
We are now proposing that future responsibilities, including entity will be incorporated in title V
compliance responsibility at landfills compliance responsibilities, to the permits if the entities are subject to title
that operate with multiple entities be landfill owner/operator if another entity V.
divided based on which entity owns/ that owns/operates the gas collection, Because the landfills emission
operates each specific collection, control, or treatment system ceases to guidelines and Federal plan cross-
control, or treatment system, or a accept the landfill gas for any reason reference the Landfills NSPS, the
portion thereof. To retain consistency (e.g., bankruptcy, abandonment of changes to the Landfills NSPS would
between the Landfills NSPS, emission operation). automatically affect the landfills
guidelines, Federal plan, and Landfills We believe that this is a reasonable emission guidelines and Federal plan.
NESHAP, the same approach is approach to addressing compliance However, to be consistent and clear, we
proposed for all four rules. The issues at landfills where multiple are proposing similar language on the
proposed supplemental amendments entities are involved in the emission responsibilities of the landfill owners/
state that the landfill owners/operators control infrastructure (regardless of operators and the owners/operators of
are responsible for complying with the whether treatment or control of the the gas collection, control, or treatment
requirements of the NSPS for the landfill gas is accomplished at the system to 40 CFR 60.32c of subpart Cc
landfill and any portion of the landfill landfill or at another location). This and to 40 CFR 62.14352 of subpart GGG.
gas collection, control, or treatment approach enables direct enforcement of Because the landfills emission
system that they own/operate. The the Landfills NSPS on the responsible guidelines are implemented through
owners/operators of the gas collection, entity in all cases and is consistent with CAA section 111(d) State plans, the
control, and/or treatment system(s) the original intent of the Landfills States would be required to adopt
would be responsible for complying NSPS. In many cases, landfill gas revisions to their landfills State plans
with the requirements for the portion of control system owners/operators (for and submit them to EPA for approval
the landfill gas collection, control, or example) are different entities from the within 9 months after the final
treatment system that they own/operate. landfill owners/operators, and the amendments to the emission guidelines
We are proposing to accomplish this landfill owners/operators have no direct are promulgated. The 9-month time
division of responsibility through the control over the operation of the control frame is consistent with 40 CFR part 60
addition of a definition of ‘‘landfill gas system. Because they are distinct subpart B, which establishes procedures
collection, control, or treatment system entities, it may be impractical and may for State plans to implement section
owner/operator,’’ and by revising the not be good policy to require the landfill 111(d) emission guidelines. Similarly,
May 2002 proposed definition of owners/operators to retain EPA is proposing to amend the landfills
‘‘landfill owner/operator’’ to remove any responsibility for all aspects of the Federal plan that implements the
reference to landfill gas collection, Landfills NSPS compliance. Landfill landfills emission guidelines in areas
control, or treatment systems. We are owners/operators may not have where there is no approved State plan.
placing responsibility for compliance unrestricted access to the location In addition, we are proposing similar
with the Landfills NSPS with the where the treatment or control of the amendments to the Landfills NESHAP.
owner/operator of the various landfill gas is occurring (e.g., an The proposed amendments include
equipment used to achieve compliance industrial plant using the gas in a boiler revising the sections of 40 CFR part 63,
by making landfill gas collection, several miles away from the landfill) subpart AAAA, that define affected
control, or treatment systems (as well as and often do not have direct control of sources and describe who is subject to
the landfill itself) affected sources under the daily operation of the treatment or the Landfills NESHAP, to include
the Landfills NSPS and assigning control system. Furthermore, owners/operators of gas collection,
responsibility for compliance with clarification of the division of control, and/or treatment systems. The
requirements applicable to such systems responsibilities is a practical means to proposed revisions to the Landfills
to the owners/operators of the landfill encourage the use of landfill gas for NESHAP contain similar language on
gas collection, control, and/or treatment energy recovery and is consistent with responsibilities and the requirement for
system located on or off the landfill EPA policy to foster the use of landfill all entities to keep a list documenting
property. In the proposed supplemental gas as a renewable energy resource, which aspects of Landfills NESHAP
amendments, we are revising the thereby reducing the use of scarce fossil compliance each entity will comply
applicability requirements of the fuels and associated emissions. with.
Landfills NSPS to indicate that We are also proposing that all entities Given the proposed revisions to the
responsibility for compliance with the keep a list documenting which aspects definitions and the rule applicability
provisions of the Landfills NSPS is of the Landfills NSPS requirements (by sections describing responsibilities, we
based on which portions of the landfill paragraph and section number) each believe that compliance responsibilities
gas collection, control, and/or treatment entity will comply with. The list would would be clearly delineated among the
system each entity owns or operates. have to include all requirements of the entities involved, and EPA would retain
The owner/operator of the landfill itself Landfills NSPS, and would be required clear enforcement ability for all entities
is responsible for determining when as expeditiously as practicable, but no subject to compliance with the Landfills
control is required, ensuring that the later than 1 year after the final rule NSPS, emission guidelines, Federal
equipment necessary to comply with the amendments are promulgated. The list plan, and Landfills NESHAP. The
Landfills NSPS is properly installed, would help assure that all required entities that own/operate the collection,
and complying with other regulatory compliance activities are considered control, and/or treatment equipment
requirements that apply to the landfill and will be performed by the needed to comply with the Landfills
itself and to any portions of the gas responsible entity. The Landfills NSPS NSPS, emission guidelines, Federal
collection, control, and/or treatment would require that the list be kept up- plan, and Landfills NESHAP, and are
performing the activities needed to landfill owner/operator responsible for public comments, the final Landfills
comply with them, would be held compliance with all aspects of the NSPS may incorporate the proposed
directly responsible for compliance. Landfills NSPS. Like the proposed approach, one of the two alternative
The proposed approach previously approach, the alternative approach approaches, or another similar approach
discussed contains a provision that would make the landfill gas collection, that is a logical outgrowth of the public
immediately shifts all future compliance control, and/or treatment system comments. If, after consideration of
responsibilities to the landfill owners/ owners/operators responsible for comments, we select an alternative
operators if another entity that owns/ complying with only the Landfills NSPS approach for the Landfills NSPS, we
operates the gas collection, control, or requirements applicable to the portion would use a consistent approach for the
treatment system ceases to accept the of the landfill gas collection, control, emission guidelines, Federal plan, and
landfill gas (e.g., due to bankruptcy, and/or treatment system they own/ Landfills NESHAP.
abandonment of operation). We are operate. Thus, a violation of gas
considering an alternative approach B. Definitions for Treated Landfill Gas
collection, control or treatment
(called alternative approach #1) that and Treatment System and Clarification
requirements could be enforced against
would retain this provision and would to the Treatment Option
both the landfill owners/operators and
further require the landfill owners/ the collection, control, or treatment In the May 23, 2002 proposed
operators to assume responsibility for system owners/operators. This approach amendments, we proposed a definition
future compliance in some situations would also include the requirement to for ‘‘treatment system’’ that would be
where the owners/operators of a gas document which aspects of the Landfills used to determine if a facility qualifies
collection, control, or treatment system NSPS requirements (by paragraph and for the treatment option provided in 40
fail to comply with the Landfills NSPS section number) each entity will accept CFR 60.752(b)(2)(iii)(C) of subpart
requirements for which they are compliance responsibility. WWW. The purpose of this definition
responsible. The intent of this approach The regulatory language for the was to provide consistency as to what
would be to address situations where alternative approach would be very would qualify as a treatment system and
the owners/operators of the gas similar to the regulatory language to reduce the burden on State and local
collection, control, or treatment system shown for the proposed approach, agencies and EPA Regions currently
do not achieve the required levels of except that 40 CFR 60.750(a)(1) of performing case-by-case determinations
collection, control, or treatment, or subpart WWW, 40 CFR 60.32c of related to the adequacy of treatment
repeatedly violate other requirements of subpart Cc, 40 CFR 62.14352 of subpart options being employed across the
the Landfills NSPS, and do not correct GGG, and 40 CFR 63.1935(d)(1) of Nation. The proposed definition of
these violations and come into subpart AAAA might read as follows: treatment system was ‘‘a system that
compliance in a timely manner. In such ‘‘Municipal solid waste landfill owners/ filters, de-waters, and compresses
circumstances, responsibility for future operators are responsible for complying landfill gas.’’
compliance would automatically shift to with all requirements of this subpart.’’ Following proposal of the treatment
the landfill owners/operators. As a Alternative approach #2 would be system definition, several commenters
result, the landfill owners/operators consistent with the division of requested further clarification as to what
would need to find a way to responsibilities in many single source levels of filtration and de-watering
immediately start meeting all Landfill (i.e., common control) determinations would be considered acceptable to meet
NSPS requirements. Such a provision for landfills and associated gas the definition of treatment. Some
would ensure that the landfill owners/ collection, control, and/or treatment commenters noted that given the
operators could not knowingly send systems. It would also encourage different specifications for landfill gas-
landfill gas to entities that flagrantly landfill owners/operators who contract derived fuels and the different levels of
violate the Landfill NSPS, thereby with other companies to collect, control, treatment currently practiced, any lack
inflicting potential harm on the or treat the landfill gas to be sure to do of clarity may result in inconsistent
environment, and still avoid business only with reliable companies case-by-case determinations by local
responsibility for fully complying with that will meet the Landfills NSPS permitting authorities. Some
the Landfills NSPS. It is not our intent requirements. commenters requested that EPA allow
for this approach to shift responsibility There are some concerns that this owners/operators to treat their gas such
to the landfill owners/operators for alternative approach could inhibit the that it would meet the end-use
isolated or minor violations that the beneficial use of landfill gas. Landfill combustion equipment ‘‘manufacturer’s
collection, control, or treatment system owners/operators may choose to flare requirements’’ for fuel quality as the
owners/operators timely corrects. We the gas themselves rather than enter into benchmark for what qualifies as a
solicit comments on this alternative agreements that allow other entities to treatment system. Commenters
approach and suggestions for how to combust the untreated landfill gas for requested that we link the phrase ‘‘refer
make clear within what time frame and energy recovery purposes if the landfill to manufacturer requirements’’ to the
under what circumstances owners/operators are held legally and combustion device’s specific level of gas
responsibility shifts to the landfill financially liable for the actions of a treatment to ensure complete
owners/operators. separate entity over which they have no combustion. Other commenters
We are also considering a different control. Landfill owners/operators may requested that EPA develop specific
alternative approach to compliance be particularly reluctant to enter into particulate, moisture, and compression
responsibility (called alternative such agreements in cases where the targets that demonstrate ‘‘treated landfill
approach #2) that would add the same landfill gas is used at a separate gas.’’
definitions of ‘‘landfill owner/operator’’ industrial or commercial facility located We agree with commenters that the
and ‘‘landfill gas collection, control, or several miles away from the landfill and definition of treatment system needs
treatment system owner/operator’’ as the landfill owners/operators do not additional detail. We contacted
the proposed approach. Both entities have access to the facility or control manufacturers of combustion devices
would be subject to the Landfills NSPS. over its operation. that are used to recover energy from
This approach would differ in that the We specifically request comment on landfill gas, and we obtained their
alternative approach would make the the alternative approach. Based on the written specifications and
recommendations for fuel quality. As design information, install monitoring treatment system design specifications
suggested by the commenters, we equipment, and establish operating that demonstrate the treatment system
reviewed the available manufacturers’ parameter levels. meets the definition (including the 20
specifications for acceptable moisture The proposed amendments would degree dew point reduction) and a
and particulate levels. Because different require that owners/operators of justification that their proposed
manufacturers have different treatment systems monitor and maintain temperature monitoring location(s) are
specifications, our proposed definition specified operating parameters or apply adequate to demonstrate that the gas
of ‘‘treatment system’’ does not refer to monitor alternative parameters. For temperature, and thus, the dew point,
directly to the manufacturers’ filtration systems, the pressure drop (24- has been reduced by at least 20 degrees.
requirements. Instead, we developed hour average) across the filter would be For example, owners/operators might
specific filtration and de-watering continuously monitored and maintained submit information demonstrating that
targets based on those requirements. above the minimum pressure drop the lowest landfill gas temperature at
The selected levels of de-watering and established by engineering analysis or their treatment system inlet during the
filtration are consistent with most manufacturer’s specifications. coldest month of the year is 85 degrees
manufacturers’ specifications for Alternatively, the owners/operators Fahrenheit. They might elect to operate
landfill gas burned in energy recovery could get approval to monitor another their chiller to reduce the gas
devices such as reciprocating engines, parameter that indicates proper temperature to, for example, 60 degrees
gas turbines, and boilers; they are performance of the filtration system. Fahrenheit, and apply to continuously
protective of the combustion equipment Pressure drop was selected as a monitor only chiller outlet temperature
and promote good combustion. The monitoring parameter because it is a and maintain it at or below 60 degrees.
supplemental proposed definition of good indicator of proper filter operation. Because the design and operation of this
treatment system is: A noticeable reduction in pressure drop system results in a minimum
across the filter indicates a breach of the temperature reduction of at least 25
* * * a system that has an absolute filter material.
filtration rating of 10 microns or less, lowers
degrees below the site-specific coldest
Continuous monitoring of treatment system inlet temperature, the
the water dew point of the landfill gas by at
least 20 degrees Fahrenheit with a de- temperature reduction for a chiller- regulatory authority might approve the
watering process, and compresses the landfill based de-watering system, dew point continuous monitoring of chiller outlet
gas. from a de-watering system that is not temperature in this case, rather than
chiller-based, or another approved requiring continuous monitoring at both
The term ‘‘absolute filtration rating’’ parameter that is indicative of proper the treatment system inlet and the
used in the above definition means the performance of the de-watering system, chiller outlet. Temperature monitors are
diameter of the largest hard spherical would also be required. The monitored readily available, commonly used,
particle that would pass through the parameter (24-hour average) would have reliable, and less expensive than
filter. The supplemental proposed to be kept within the operating range alternative monitoring systems.
definition would specify treatment established by engineering analysis or If a de-watering system that is not
levels that will minimize degradation of manufacturer’s specifications. The based on chilling, for example, a
the combustion device and promote owners/operators would submit the desiccant system, is used, then
proper destruction of NMOC. treatment system design and temperature would not be an
To ensure continuous compliance justification for the operating parameter appropriate parameter to monitor. In
with the treatment option, we are ranges for approval in the design plan such cases, monitoring of the dew point
clarifying monitoring, recordkeeping, required by 40 CFR 60.752(b)(2) of would indicate whether the system is
and reporting requirements for subpart WWW. operating properly to reduce the dew
treatment systems that are used to For chiller-based de-watering systems, point by 20 degrees. As with
comply with the Landfills NSPS. temperature was selected as a temperature, the dew point would be
Owners/operators of treatment systems monitoring parameter because it monitored at the inlet and outlet of the
used to comply with the Landfills NSPS indicates that the chiller is operating treatment system, unless the owner/
would be required to establish, monitor, properly and the desired reduction in operator demonstrates that monitoring
and record operating parameters that dew point is occurring. Untreated at a single location (e.g., the treatment
indicate proper operation of the various landfill gas is saturated with moisture as system outlet) is sufficient to indicate
treatment system components, it comes out of the landfill (i.e., the that the dew point has been reduced by
consistent with the proposed revised relative humidity is 100 percent, and at least 20 degrees. Dew point monitors
definition of treatment system. These the dew point temperature equals the are available and suitable for landfill gas
requirements would ensure that the landfill gas temperature). Therefore, if applications.
treatment system is continuously the gas is chilled by at least 20 degrees, We are proposing continuous
operating in the manner in which it was the dew point has been correspondingly monitoring with a 24-hour averaging
designed to operate to achieve the reduced, and moisture removal has period for treatment system monitoring
specific filtration, de-watering, and occurred through condensation. parameters for several reasons.
compression targets that define a Continuous measurement of the gas Monitoring is needed to assure
treatment system for the purposes of the temperature at the treatment system continuous compliance. Continuous
Landfills NSPS. Owners/operators who inlet and the chiller outlet would be monitoring systems are available for the
installed treatment systems prior to required unless the owners/operators selected treatment system operating
today’s proposed amendments would be demonstrate that monitoring the parameters. Data collection would be
required to comply with the amended temperature at a single location (e.g., the required at 15-minute intervals,
treatment system requirements as chiller outlet) is sufficient to indicate consistent with current Landfills NSPS
expeditiously as practicable, but no later that the temperature of the gas, and requirements for flare pilot flame
than 1 year after the date the final thus, the dew point, has been reduced monitoring and enclosed combustor
amendments are promulgated. This by at least 20 degrees Fahrenheit. The temperature monitoring that apply to
provides time needed to upgrade the owners/operators would be required to landfills that opt to comply with the
treatment system (if necessary), submit submit, as part of the design plan, control options rather than the
treatment option. A 24-hour block maintenance could result in a violation. that emissions are minimized during
average for determining compliance This issue arises because of the unique routine maintenance events, we propose
with the treatment system operating nature of landfills. Most NSPS regulate to amend the Landfills NESHAP to
parameter limits is sufficient to indicate manufacturing processes that can be require owners/operators to include
any significant change in treatment stopped when a control device needs to routine maintenance in their SSM plans.
system operation and would be less be maintained or repaired. For example, The Landfills NESHAP already require
burdensome than more frequent chemical plants typically shut down owners/operators to develop an SSM
averaging. Owners/operators of their processes on a regular schedule plan. The plan must describe, in detail,
treatment systems would be required to (e.g., for 1 week each year) and maintain procedures for operating and
report periods when the 24-hour block their control devices at the same time, maintaining the source during SSM
average for a monitored parameter (e.g., when no emissions are being generated events and a program of corrective
pressure drop, temperature, dew point) from the production process. Landfills action for malfunctioning air pollution
is outside the operating range are a biological process, and once waste control and monitoring equipment used
established in the approved design plan. is deposited in the landfill, gas is to comply with the Landfills NESHAP.
continuously generated and cannot be The purpose of the SSM plan is to
IV. Rationale for Proposed Landfills stopped. Routine control device ensure that owners/operators have fully
NSPS and Landfills NESHAP maintenance procedures often cannot be considered how best to comply with the
Amendments Regarding Startup, completed in 1 hour, and some types of general duty to minimize emissions
Shutdown, and Malfunction maintenance take days. during SSM events. While the
A. Proposed Landfills NSPS Startup, Therefore, we propose to amend 40 requirements of the SSM plan are not
Shutdown, and Malfunction Provisions CFR 60.755(e) of subpart WWW to themselves applicable requirements, the
remove the 1-hour and 5-day time limits SSM plan is a useful tool for sources to
The Landfills NSPS specify in 40 CFR on SSM events, and to allow routine
60.755(e) of subpart WWW, that the demonstrate, and for permitting
maintenance of collection, control, and authorities to confirm that the general
emission standards do not apply during treatment systems. The proposed
SSM events, but they limit the duration duty to minimize emissions is met. We
amendments also clarify that the NSPS propose to add a requirement that the
of SSM events to 5 days for the landfill General Provisions in 40 CFR 60.11(d)
gas collection system and 1 hour for SSM plan must include a plan for
of subpart A continue to apply during conducting routine maintenance on the
treatment or control devices. At the time maintenance and malfunctions, and that
we developed this provision, we landfill gas collection, control, and
routine maintenance activities must be treatment systems. The routine
believed that malfunctions could be completed and malfunctions must be
corrected within these time frames. maintenance plan must include
corrected as soon as practicable after maintenance procedures and actions
Since promulgation of the Landfills their occurrence in order to minimize
NSPS, we have learned that many that will be taken to minimize emissions
emissions. To prevent free venting of during maintenance, shutdown
malfunctions cannot be corrected within landfill gas to the atmosphere during
these time limits. This causes landfills frequency, shutdown duration, and
control device malfunctions or procedures for minimizing emissions
that do not have back-up control devices maintenance, we propose to retain the
to have unavoidable violations of the during startup and shutdown of the
current requirement in 40 CFR 60.753(e) collection, control, and/or treatment
Landfills NSPS. Most landfills use flares of subpart WWW. This section requires
to control landfill gas emissions and do systems for routine maintenance. A
that in the event the collection or
not have back-up control devices. In copy of the SSM plan would be
control system is inoperable, the gas
developing NSPS, EPA is required by maintained on site. Failure to prepare or
mover system must be shut down and
CAA section 111 to consider cost and maintain a copy of the SSM plan on site
all valves in the collection and control
other impacts. In developing the would be a deviation from the
system contributing to venting of gas to
Landfills NSPS, we did not consider any requirements of the Landfills NESHAP.
the atmosphere must be closed within 1
costs for requiring back-up controls for hour. We are also proposing changes to the
flares in our determination that the periodic reporting and immediate
selected requirements were reasonable. B. Proposed Landfills NESHAP Startup, reporting requirements for SSM events.
We did not intend for the Landfills Shutdown, and Malfunction Provisions After the Landfills NESHAP were
NSPS to require back-up control devices The Landfills NESHAP has no promulgated, there were revisions to the
for flares. For these reasons, we allowance for shutdown of control SSM reporting requirements in the
conclude that the 1-hour and 5-day time devices for routine maintenance. NESHAP General Provisions in 40 CFR
limitations are not feasible and should Periodic maintenance is needed to part 63, subpart A. Because of the
be changed. Furthermore, most NSPS do provide continued good operation of the unique nature of landfills, some sections
not set specific limits on the duration of gas collection and control systems and of the revised General Provisions are not
SSM events. Most NSPS rely on the to avoid malfunctions, but shutdowns relevant to landfills or can be difficult
NSPS General Provisions (40 CFR part for maintenance could result in a to interpret for landfills. We propose to
60, subpart A), which require owners/ violation. As explained previously, this revise the Landfills NESHAP to clarify
operators, to the extent practicable, to issue arises because of the unique the SSM reporting requirements for
operate in a manner that minimizes nature of landfills. Most NESHAP landfills. We propose to remove the
emissions during SSM events. regulate manufacturing processes that Landfills NESHAP cross-reference in
The Landfills NSPS also has no can be stopped when a control device table 1 of 40 CFR part 63, subpart
allowance for shutdown of collection, needs to be maintained or repaired. AAAA to the periodic and immediate
control, or treatment systems for routine Landfills are a biological process, and SSM reporting requirements in 40 CFR
preventive maintenance. Periodic once waste is deposited in the landfill, 63.10(d)(5) of subpart A (the General
maintenance is needed to provide gas is continuously generated and Provisions), and to instead include
continued good operation of the gas cannot be stopped. To allow for routine similar SSM reporting provisions that
collection and control systems and to maintenance of gas collection, control, apply specifically to landfills in 40 CFR
avoid malfunctions, but shutdowns for and treatment systems, while ensuring 63.1980 of subpart AAAA.
The Landfills NESHAP and the landfills, it is unclear how to determine reasons described earlier in this
General Provisions require periodic if any emissions limitation was preamble, we are proposing to remove
(semiannual) reporting when actions exceeded because the Landfills these time limits from the Landfills
taken during a startup or shutdown NESHAP do not require continuous NSPS, so the Landfills NESHAP would
causing an exceedance of an applicable emissions monitoring. They require no longer include these time limits by
emission limit or a malfunction are continuous parametric monitoring of reference. Instead of limiting the
consistent with the procedures specified control devices, quarterly monitoring of duration of malfunction and routine
in the SSM plan. Because we are surface methane concentrations, and maintenance events to no more than 5
proposing that the landfills SSM plan monthly monitoring of collection days, we propose to require landfills to
must include routine maintenance of system well head parameters. If there is report, as part of their Landfills
landfill gas collection, control, and a malfunction or shutdown of a control NESHAP immediate SSM reports, any
treatment systems, we are proposing to device for routine maintenance, the events that last longer than 5 days. This
add a requirement in 40 CFR 63.1980 of collection system blowers must be will allow the enforcement agency and
subpart AAAA that the semiannual SSM turned off and vents to the atmosphere the landfill to discuss the specific
report include a description of routine must be closed. However, despite these situation, the reason that more than 5
maintenance activities that were precautions, landfill gas continues to be days is needed, and any actions that can
conducted during the period. We generated and can escape the landfill as be taken to minimize emissions during
propose that the landfills periodic SSM fugitive emissions, potentially the event and complete repairs or
report include the date, duration, and increasing landfill NMOC emissions maintenance as expeditiously as
identification of each SSM event above the level achieved when the practicable in the given situation. It
(including shutdowns of the landfill gas control device is operating and should be noted that the Landfills
collection, control, or treatment system increasing surface methane NESHAP already refer to the SSM plan
for routine maintenance) that occurred concentrations. To avoid having to make requirements in 40 CFR 63.6(e) of
during the reporting period. For subjective judgments on whether
subpart A, which require sources to
landfills, the duration of such events is emissions limitations were exceeded,
correct malfunctions as soon as
particularly important, because, unlike we propose that landfills provide a brief
practicable after their occurrence.
traditional industrial sources, there is description of any malfunction or
no way to stop the biological processes maintenance event where actions are Finally, we propose a minor
that result in landfill emissions. While taken that are inconsistent with the SSM amendment in the calculation of 3-hour
collection system blowers can be turned plan. This is consistent with the intent block averages for control device
off and vents to the atmosphere closed during development of the Landfills operating parameters that are
for a period of hours to a couple of days NESHAP, and was already accounted continuously monitored. The proposed
to retain most gas within the landfill, for in the estimates of the recordkeeping amendment would reduce burden,
eventually the pressure in the landfill and reporting burden for the final rule. improve consistency with other rules,
will build up and the gas will be Events where the SSM plan is not and ensure that all the necessary
released uncontrolled through vents or followed should be infrequent and information is available for compliance
as fugitive emissions. We expect that would not occur during most determination. In particular, 40 CFR
there will be few malfunction or semiannual reporting periods. 63.1975 of subpart AAAA specifies that
maintenance events during a 6-month We are proposing revisions in 40 CFR 3-hour averages are calculated in the
period, and all such events must already 63.1980 of subpart AAAA to clarify same way as the Landfills NSPS except
be recorded under the Landfills immediate SSM reporting requirements that periods of SSM should not be
NESHAP and the General Provisions (40 for landfills. We propose that immediate included. We have received comments
CFR 63.6(e)(3) of subpart A), so reports be required if actions taken that this difference in the calculations
including the date and duration of each during a startup or shutdown (including requires landfills to keep two sets of
event in the periodic report is not a shutdown of the collection, control, or records that are similar, but not
burden. If the owners/operators follow treatment system for routine identical, creating an unnecessary
their SSM plan during all SSM and maintenance) that caused an exceedance burden. Furthermore, other NESHAP
routine maintenance events, then no of an applicable emission limit, or require all operating parameter
further information is required in the during a malfunction are inconsistent deviations to be recorded, regardless of
periodic report. This will minimize the with the SSM plan. Such events would whether they occur during an SSM
reporting burden for owners/operators be reported by telephone or fax within event. For these reasons, we propose to
who follow their SSM plans. 2 days, followed by a letter within 7 amend the Landfills NESHAP
The Landfills NESHAP periodic days of the end of the event. This is the calculations to be more similar to the
report would also require a brief same timing and method of submission Landfills NSPS, and no longer exclude
description of any actions taken during contained in the NESHAP General periods of SSM. This amendment in the
a malfunction or routine maintenance Provisions requirements for immediate calculations will not change the way in
event that are inconsistent with the SSM SSM reports. We also propose which compliance is determined or the
plan. This was a requirement of the immediate reports if the duration of a NESHAP are enforced. The enforcement
NESHAP General Provisions at the time shutdown or malfunction (including agency still determines whether a
the Landfills NESHAP were developed. shutdown of the landfill gas collection, deviation is a violation. For example, if
The General Provisions have since been control, or treatment system for routine a parameter deviation occurred because
changed to require sources to ‘‘identify’’ maintenance) exceeds 5 days. The of a malfunction, and the source took
any instance where an action was taken Landfills NESHAP compliance appropriate actions to minimize
that was inconsistent with the SSM plan provisions have always referred to the emissions during the malfunction and to
but the source did not exceed any Landfills NSPS, which require that correct the malfunction as soon as
applicable emissions limitations. A control system malfunctions not exceed practicable, then the enforcement
‘‘description’’ is required only if an 1 hour and collection systems agency may determine that the
emissions limitation was exceeded. For malfunctions not exceed 5 days. For the deviation is not a violation.
V. Rationale for Other Proposed subpart WWW (the Landfills NSPS) as 566–1672. A copy may also be
Corrections and Clarifications a result of the reorganization of EPA downloaded off the Internet at http://
Method 21 in appendix A to 40 CFR www.epa.gov/icr.
A. Clarification for Temperature The proposed amendments to the
part 60. The Landfills NSPS reference
Monitoring for Enclosed Combustors Landfills NSPS, emission guidelines,
section 4.3.1 of EPA Method 21. In
Currently, the language in 40 CFR 2001, the wording that used to be in Federal plan, and Landfills NESHAP
60.758(b)(2)(i) and (c)(1)(i) of subpart section 4.3.1 was moved to section will have no impact on the information
WWW (the Landfills NSPS) requires 8.3.1, so the Landfills NSPS need to be collection burden estimates made
sources to keep records of the corrected to refer to section 8.3.1 of EPA previously. The proposed treatment
combustion temperature in an enclosed Method 21. monitoring system requirements are
combustion device that is used to meet within the burden estimated in the
the NMOC destruction requirements in C. Clarification of Bioreactor Moisture previous ICR for the Landfills NSPS,
40 CFR 60.752(b)(2)(iii) of subpart Content Determination for the Landfills Federal plan, and Landfills NESHAP. In
WWW. The definition of ‘‘enclosed NESHAP the previous ICR burden estimates, we
combustor’’ includes enclosed flares, The Landfills NESHAP definition of assumed that all landfills meeting the
boilers, reciprocating engines, and bioreactors in 40 CFR 63.1990 of subpart NSPS and emission guidelines criteria
turbines. The literal meaning of this AAAA include a provision that the would install combustion control
requirement is that a temperature average moisture content of the waste in devices and would continuously
monitor would be installed in the the area into which liquid is added must monitor control device operating
combustion zone of an enclosed be at least 40 percent (by weight) for the parameters (e.g., presence of flare pilot
combustor. However, we realize that landfill or portion of the landfill to be flame or temperature of an enclosed
installing a temperature monitor in the considered a bioreactor. It was not combustion device). Thus, the cost of
combustion zone of a reciprocating explicit that the 40 percent moisture continuous monitoring systems and
engine or turbine is not feasible, and we content should be determined on a wet associated recordkeeping and reporting
did not intend for the Landfills NSPS to weight basis. The information EPA were included for every landfill.
specifically require monitoring of originally used to establish the 40 Landfills that choose to comply with the
combustion chamber temperature. The percent moisture criteria was on a wet Landfills NSPS, emission guidelines,
purpose of the temperature monitoring weight basis. To clarify this, we are Federal plan, or Landfills NESHAP by
requirement is to ensure that the amending the bioreactor definition in 40 using a treatment system instead of a
enclosed combustor is operating in a CFR 63.1990 of subpart AAAA by control device typically make that
manner similar to the conditions at adding the words ‘‘wet weight basis.’’ choice because it is a less expensive
which it was operating during the most compliance alternative. Therefore, the
D. Correction of Date in the Landfills
recent performance test, thereby previous cost analysis and ICR provide
NESHAP
demonstrating continuous compliance a conservatively high estimate of the
with the NMOC reduction requirements We are proposing to amend a costs of compliance, monitoring,
of the Landfills NSPS. Therefore, the typographical error that appears in 40 recordkeeping, and reporting, and the
temperature monitor should be located CFR 63.1945(d) of subpart AAAA. The proposed treatment system monitoring
in a place that provides a reasonable compliance date for existing major requirements would not result in a
indication of the operation of the sources should read January 16, 2004, change to the ICR burden estimates. The
enclosed combustor. For example, instead of January 13, 2004. proposed amendments to clarify the
monitoring the temperature at the VI. Statutory and Executive Order inclusion of control device shutdowns
cylinder exhaust port or in the exhaust Reviews for maintenance in the SSM plan are
manifold before the turbocharger are consistent with the original estimate of
acceptable temperature monitoring A. Executive Order 12866, Regulatory costs to prepare an SSM plan in the
locations for reciprocating engines. To Planning and Review Landfills NESHAP ICR, No. 1938.02.
minimize further confusion on this This action is not a ‘‘significant Consequently, the ICR have not been
issue, we are revising the language in 40 regulatory action’’ under the terms of revised.
CFR 60.758(b)(2)(i) and (c)(1)(i) of Executive Order 12866 (58 FR 51735, Burden means the total time, effort, or
subpart WWW to remove the word October 4, 1993) and is therefore not financial resources expended by persons
‘‘combustion’’ prior to ‘‘temperature.’’ subject to review under the Executive to generate, maintain, retain, or disclose
The Landfills NSPS will continue to Order. or provide information to or for a
require that at least one temperature Federal agency. This includes the time
measurement must be recorded every 15 B. Paperwork Reduction Act needed to review instructions; develop,
minutes as specified in 40 CFR Information Collection Requests (ICR) acquire, install, and utilize technology
60.758(b)(2)(i) of subpart WWW, and were prepared for the Landfills NSPS, and systems for the purposes of
any measurement frequency that is the Landfills NESHAP, and the Federal collecting, validating, and verifying
longer than 15 minutes is not acceptable plan that implements the landfills information, processing and
for compliance under the Landfills emission guidelines, and all three ICR maintaining information, and disclosing
NSPS. The Landfills NSPS also continue were approved by OMB. A copy of the and providing information; adjust the
to allow landfill owners/operators to Landfills NSPS ICR (ICR No. 1557.04), existing ways to comply with any
propose site-specific alternatives to the landfills Federal plan ICR (ICR No. previously applicable instructions and
monitoring requirements, subject to 1893.01), and the Landfills NESHAP requirements; train personnel to be able
Administrator approval, as specified in ICR (ICR No. 1938.02) may be obtained to respond to a collection of
40 CFR 60.752(b)(2)(i) of subpart WWW. from Susan Auby by mail at U.S. EPA, information; search data sources;
Office of Environmental Information, complete and review the collection of
B. Correction of Cross-Reference in the Collection Strategies Division (2822T), information; and transmit or otherwise
Landfills NSPS 1200 Pennsylvania Avenue, NW., disclose the information.
We are proposing an amendment to a Washington, DC 20460, by e-mail at An agency may not conduct or
cross-reference in 40 CFR 60.755(c)(3) of auby.susan@epa.gov, or by calling (202) sponsor, and a person is not required to
respond to a collection of information that create a new burden for regulated small governments on compliance with
unless it displays a currently valid OMB entities. the regulatory requirements.
control number. The OMB control The proposed amendments do not EPA has determined that the
numbers for EPA’s regulations in 40 increase the stringency of the Landfills proposed amendments do not contain a
CFR are listed in 40 CFR part 9. NSPS, emission guidelines, Federal Federal mandate that may result in
plan, or Landfills NESHAP, nor do the expenditures of $100 million or more
C. Regulatory Flexibility Act for State, local, and tribal governments,
proposed amendments add additional
The Regulatory Flexibility Act (RFA) control requirements. The proposed in the aggregate, or the private sector in
generally requires an agency to prepare amendments do not increase the any 1 year. Thus, the proposed
a regulatory flexibility analysis of any control, monitoring, recordkeeping, and amendments are not subject to the
rule subject to notice and comment reporting requirements of the requirements of sections 202 and 205 of
rulemaking requirements under the promulgated Landfills NSPS, emission the UMRA. In addition, we have
Administrative Procedures Act or any guidelines, Federal plan, or Landfills determined that the proposed
other statute unless the agency certifies NESHAP, and may decrease these amendments contain no regulatory
that the rule will not have a significant requirements under specific conditions requirements that might significantly or
economic impact on a substantial for some entities. We have therefore uniquely affect small governments
number of small entities. Small entities concluded that today’s proposed rule because they consist of new definitions
include small businesses, small will relieve regulatory burden for all and clarifications and do not impose
organizations, and small government affected small entities. new costs on government entities or the
jurisdictions. private sector. Therefore, the proposed
For purposes of assessing the impact D. Unfunded Mandates Reform Act amendments are not subject to the
of the proposed amendments, small requirements of section 203 of the
Title II of the Unfunded Mandates
entity is defined as: (1) A small business UMRA.
Reform Act (UMRA) of 1995, Public
that is primarily engaged in the Law 104–4, establishes requirements for E. Executive Order 13132, Federalism
collection and disposal of refuse in a Federal agencies to assess the effects of Executive Order 13132 (64 FR 43255,
landfill operation as defined by NAICS their regulatory actions on State, local, August 10, 1999) requires EPA to
codes 562212 and 924110 with annual and tribal governments and the private develop an accountable process to
receipts less than $10 million; (2) a sector. Under section 202 of the UMRA, ensure ‘‘meaningful and timely input by
small governmental jurisdiction that is a EPA generally must prepare a written State and local officials in the
government of a city, county, town, statement, including a cost-benefit development of regulatory policies that
school district or special district with a analysis, for proposed and final rules have federalism implications.’’ ‘‘Policies
population of less than 50,000, and (3) with ‘‘Federal mandates’’ that may that have federalism implications’’ is
a small organization that is any not-for- result in expenditures by State, local, defined in the Executive Order to
profit enterprise that is independently and tribal governments, in the aggregate, include regulations that have
owned and operated and is not or by the private sector, of $100 million ‘‘substantial direct effects on the States,
dominant in its field. or more in any 1 year. Before on the relationship between the national
After considering the economic promulgating an EPA rule for which a government and the States, or on the
impacts of the proposed amendments on written statement is needed, section 205 distribution of power and
small entities, I certify that this action of the UMRA generally requires EPA to responsibilities among the various
will not have a significant economic identify and consider a reasonable levels of government.’’
impact on a substantial number of small number of regulatory alternatives and The proposed amendments do not
entities. In determining whether a rule adopt the least costly, most cost- have federalism implications. They do
has a significant economic impact on a effective, or least burdensome not have substantial direct effects on the
substantial number of small entities, the alternative that achieves the objectives States, on the relationship between the
impact of concern is any significant of the rule. The provisions of section national government and the States, or
adverse economic impact on small 205 do not apply when they are on the distribution of power and
entities, since the primary purpose of inconsistent with applicable law. responsibilities among the various
the regulatory flexibility analyses is to Moreover, section 205 allows EPA to levels of government, as specified in
identify and address regulatory adopt an alternative other than the least Executive Order 13132.
alternatives ‘‘which minimize any costly, most cost-effective, or least The proposed amendments do not
significant economic impact of the rule burdensome alternative if the impose additional costs or result in
on small entities.’’ 5 U.S.C. 603 and 604. Administrator publish with the final additional control requirements above
Thus, an agency may certify that a rule rule an explanation why that alternative those considered at promulgation of the
will not have a significant economic was not adopted. Before EPA establishes 1996 Landfills NSPS and emission
impact on a substantial number of small any regulatory requirements that may guidelines and the 2003 Landfills
entities if the rule relieves regulatory significantly or uniquely affect small NESHAP. In developing the 1996
burden, or otherwise has a positive governments, including tribal Landfills NSPS and emission
economic effect on all of the small governments, it must have developed guidelines, we consulted extensively
entities subject to the rule. under section 203 of the UMRA a small with State and local governments to
EPA has determined that it is not government agency plan. The plan must enable them to provide meaningful and
necessary to prepare a regulatory provide for notifying potentially timely input in the development of
flexibility analysis in connection with affected small governments, enabling those rulemakings. Because the control
the proposed amendments. The officials of affected small governments requirements of the proposed
proposed amendments clarify the to have meaningful and timely input in amendments are the same as those
applicability of control requirements in the development of EPA regulatory developed in 1996, these previous
the Landfills NSPS, emission proposals with significant Federal consultations still apply. In addition,
guidelines, Federal plan, and Landfills intergovernmental mandates, and State and local government agencies
NESHAP and do not include provisions informing, educating, and advising participated in a conference call on the
Landfills NESHAP, and provided significant’’ as defined under Executive List of Subjects in 40 CFR Parts 60, 62,
comments on the 2000 Landfills Order 12866, and (2) concerns an and 63
NESHAP proposal and a 2002 environmental health or safety risk that Environmental protection,
supplemental proposal, which we EPA has reason to believe may have a Administrative practice and procedure,
considered. For a discussion of our disproportionate effect on children. If Air pollution control, Hazardous
consultations with State and local the regulatory action meets both criteria, substances, Intergovernmental relations,
governments, the nature of the the Agency must evaluate the Reporting and recordkeeping
governments’ concerns, and our environmental health or safety effects of
requirements.
position supporting the need for the the planned rule on children, and
specific control requirements included explain why the planned regulation is Dated: August 31, 2006.
in the Landfills NSPS, emission preferable to other potentially effective Stephen L. Johnson,
guidelines, and Landfills NESHAP, see and reasonably feasible alternatives Administrator.
the preamble to the 1996 Landfills NSPS considered by the Agency.
EPA interprets Executive Order 13045 For the reasons stated in the
(61 FR 9905, March 12, 1996). Thus,
as applying only to those regulatory preamble, title 40, chapter I, parts 60,
Executive Order 13132 does not apply
actions that are based on health or safety 62, and 63 of the Code of Federal
to the proposed amendments.
risks, such that the analysis required Regulations are proposed to be amended
On May 23, 2002, in the spirit of
under section 5–501 of the Executive as follows:
Executive Order 13132, we specifically
solicited comments on the proposed Order has the potential to influence the PART 60—[AMENDED]
amendments from State and local regulation.
officials (67 FR 36479). We are again The proposed amendments are not 1. The authority citation for part 60
soliciting comments on today’s subject to Executive Order 13045 continues to read as follows:
supplemental proposed amendments. because they are not economically Authority: 42 U.S.C. 7401–7601.
significant as defined in Executive
F. Executive Order 13175, Consultation Order 12866 and because they are based
and Coordination With Indian Tribal Subpart Cc—[Amended]
on technology performance and not on
Governments health and safety risks. Furthermore, as 2. Section 60.31c is amended by
Executive Order 13175 (65 FR 67249, no alternative technologies exist that adding the definitions of ‘‘Municipal
November 9, 2000) requires EPA to would provide greater stringency at a solid waste landfill gas collection,
develop an accountable process to reasonable cost, the results of any control, or treatment system owner/
ensure ‘‘meaningful and timely input by children’s health analysis would have operator’’ and ‘‘Municipal solid waste
tribal officials in the development of no impact on the stringency decision. landfill owner/operator,’’ in
regulatory policies that have tribal alphabetical order to read as follows:
H. Executive Order 13211, Actions
implications.’’ § 60.31c Definitions.
The proposed amendments do not Concerning Regulations That
have tribal implications as specified in Significantly Affect Energy Supply, * * * * *
Executive Order 13175. They will not Distribution, or Use Municipal solid waste landfill gas
have substantial direct effects on tribal The proposed amendments are not collection, control, or treatment system
governments, on the relationship subject to Executive Order 13211 owner/operator means any entity that
between the Federal government and ‘‘Actions Concerning Regulations That owns or operates any stationary
Indian tribes, or on the distribution of Significantly Affect Energy Supply, equipment that is used, as specified in
power and responsibilities between the Distribution, or Use’’ (66 FR 28355, § 60.33c, to collect, control, or treat
Federal government and Indian tribes, (May 22, 2001)) because it is not a landfill gas from an MSW landfill that
as specified in Executive Order 13175. significant regulatory action under is a designated facility under § 60.32c of
Thus, Executive Order 13175 does not Executive Order 12866. this subpart, regardless of the location of
apply to the proposed amendments. the control or treatment system.
I. National Technology Transfer and Municipal solid waste landfill owner/
On May 23, 2002, we specifically
Advancement Act operator means any entity that owns or
solicited comment from tribal officials
on the proposed amendments (67 FR Section 12(d) of the National operates a municipal solid waste
36479). None were received. Technology Transfer and Advancement landfill that is a designated facility
Information received from EPA Regional Act (NTTAA) of 1995, Public Law 104– under § 60.32c(a).
Offices during development of the 113, 12(d) (15 U.S.C. 272 note) directs 3. Section 60.32c is amended by:
landfills Federal plan showed no EPA to use voluntary consensus a. Revising paragraph (a); and
landfills on tribal land large enough to standards (VCS) in its regulatory b. Adding paragraph (e) to read as
require control under the landfills activities unless to do so would be follows:
emission guidelines/Landfills NSPS. inconsistent with applicable law or
§ 60.32c Designated facilities.
In the spirit of Executive Order 13175 otherwise impractical. VCS are
and consistent with EPA policy to technical standards (e.g., material (a) The designated facilities to which
promote communications between EPA specifications, test methods, sampling the guidelines apply are each existing
and tribal governments, we specifically procedures, and business practices) that MSW landfill for which construction,
solicit comment on the proposed are developed or adopted VCS bodies. reconstruction, or modification was
amendments from tribal officials. The NTTAA directs EPA to provide commenced before May 30, 1991 and/or
Congress, through OMB, explanations the stationary equipment used to
G. Executive Order 13045, Protection of
when the Agency decides not to use collect, control, or treat the landfill gas
Children From Environmental Health available and applicable VCS. from such MSW landfills as required by
Risks and Safety Risks The proposed amendments do not § 60.33c(c).
Executive Order 13045 (62 FR 19885, involve new technical standards; thus, * * * * *
April 23, 1997) applies to any rule that: the requirements of section 12(d) of the (e) For approval, a State plan shall
(1) Is determined to be ‘‘economically NTTAA do not apply. require each MSW landfill owner/
operator and each MSW landfill gas no later than the applicable compliance through 60.758 that are cross-referenced
collection, control, or treatment system date specified in § 60.36c. The in §§ 60.34c and 60.35c; and a
owner/operator, as defined in § 60.31c, performance test is not required for supplemental revised compliance
to be responsible for compliance as boilers and process heaters with design schedule.
specified in paragraphs (e)(1) and (2) of heat input capacities equal to or greater
this section; provided, however, that if than 44 megawatts that burn landfill gas Subpart WWW—[Amended]
the MSW landfill and the associated gas for compliance with this subpart.
(3) Route the collected gas to a 6. Section 60.750 is amended by
collection, control, and/or treatment
treatment system that processes the revising paragraph (a) to read as follows:
system are under common control, the
entity exercising such control shall be collected gas for subsequent sale as fuel § 60.750 Applicability, designation of
responsible for complying with the for combustion or use as a fuel for affected facility, and delegation of authority.
requirements in both paragraphs (e)(1) combustion. Landfill gas sold as fuel for (a) The provisions of this subpart
and (2) of this section. combustion or used as a fuel for apply to each municipal solid waste
(1) Municipal solid waste landfill combustion shall be treated in a (MSW) landfill that commenced
owners/operators are responsible for treatment system as defined in § 60.751 construction, reconstruction, or
complying with the requirements of this that meets the requirements of modification on or after May 30, 1991
subpart for the landfill and any portion § 60.752(b)(2)(i)(D) and the monitoring, and the stationary equipment used to
of the landfill gas collection, control, or recordkeeping, and reporting collect, control, or treat the landfill gas
treatment system they own/operate. In requirements listed in §§ 60.756, 60.757, from such MSW landfills required by
addition, if another entity owns/ and 60.758 that apply to treatment § 60.752(b)(2). Physical or operational
operates the gas collection, control, or systems. All emissions from any changes made to an existing MSW
treatment system used to comply with atmospheric vent from the gas treatment
landfill solely to comply with an
the applicable requirements of this system shall be subject to the
applicable State plan or the Federal plan
subpart and for any reason (e.g., requirements of paragraph (c)(1) or (2) of
implementing the requirements of
bankruptcy, abandonment of operation) this section. For purposes of this
subpart Cc (Emission Guidelines and
that entity ceases to accept the landfill subpart, atmospheric vents located on
Compliance Times for Municipal Solid
gas, responsibility for complying with the condensate storage tank are not part
Waste Landfills) of this part are not
all applicable requirements to which of the treatment system and are exempt
considered construction, reconstruction,
that entity was subject under this from the requirements of paragraph
or modification for the purposes of this
subpart shall immediately apply to, and (c)(1) or (c)(2) of this section. The
subpart. Each MSW landfill owner/
be binding on, the landfill owner/ owners/operators of the landfill gas
treatment system must ensure operator and each MSW landfill gas
operator. The title V permits for landfill collection, control, or treatment system
owner/operator must be written to compliance with these requirements.
The owner/operators of a combustion owner/operator, as defined in § .751, is
require that the requirements applicable responsible for compliance with this
to the owner/operator of the landfill gas device who use treated landfill gas as
fuel in a combustion device or purchase subpart as specified in paragraphs (a)(1)
collection, control, and/or treatment and (2) of this section; provided,
system immediately become applicable treated landfill gas for fuel in a
combustion device shall be exempt from however, that if the MSW landfill and
requirements of the landfill owners/ the associated gas collection, control,
operators whenever the owners/ further compliance with this subpart.
The treated gas must be used as a fuel, and/or treatment system are under
operators of the landfill gas collection, common control, the entity exercising
control, and/or treatment system cease and venting of treated landfill gas to the
ambient air or combustion in a flare is such control shall be responsible for
to accept the landfill gas. complying with the requirements in
(2) Municipal solid waste landfill gas not allowed under this option.
both paragraphs (a)(1) and (2) of this
collection, control, or treatment system * * * * *
5. Section 60.36c is amended by section.
owners/operators are responsible for (1) MSW landfill owners/operators are
complying with the requirements of this adding paragraph (c) to read as follows:
responsible for complying with the
subpart for the portion of the landfill gas § 60.36c Compliance Times. requirements of this subpart for the
collection, control, or treatment system landfill and any portion of the landfill
they own/operate. * * * * *
gas collection, control, or treatment
4. Section 60.33c is amended by
(c) Within nine months after [DATE system they own/operate. In addition, if
revising paragraphs (c)(2) and (c)(3) to
THE FINAL RULE AMENDMENTS ARE another entity owns/operates the gas
read as follows:
PUBLISHED IN THE Federal Register], collection, control, or treatment system
§ 60.33c Emission guidelines for municipal each State shall adopt and submit to the used to comply with the applicable
solid waste landfill emissions. Administrator, revisions to their State requirements of this subpart and for any
* * * * * plan that implement the emission reason (e.g., bankruptcy, abandonment
(c) * * * guidelines and compliance times in this of operation) that entity ceases to accept
(2) A control system designed and subpart, as amended. Except as the landfill gas, responsibility for
operated to reduce nonmethane organic provided under § 60.24, the revised complying with all applicable
compounds (NMOC) by 98 weight State plan shall include the revised requirements to which that entity was
percent, or, when an enclosed definitions in § 60.31c; the designated subject under this subpart shall
combustion device is used for control, facilities provisions in § 60.32c(a) immediately apply to, and be binding
to either reduce NMOC by 98 weight through (e) and the associated on, the landfill owner/operator. The title
percent or to reduce the outlet to less recordkeeping requirement in V permits for landfill owners/operators
than 20 parts per million by volume, dry § 60.758(g); the control and treatment must be written to require that the
basis as hexane at 3 percent oxygen. The system requirements in § 60.33c(2) and requirements applicable to the owners/
reduction efficiency or parts per million (3); the associated treatment system operators of the landfill gas collection,
by volume shall be established by an monitoring, recordkeeping, and control, and/or treatment system
initial performance test to be completed reporting requirements in §§ 60.756 immediately become applicable
requirements of the landfill owner/ Treated landfill gas means landfill gas reduced by at least 20 degrees
operator, whenever the owners/ processed in a treatment system Fahrenheit, according to the treatment
operators of the landfill gas collection, according to this subpart. system definition. The collection and
control, and/or treatment system cease Treatment system means a system that control plan must include information,
to accept the landfill gas. has an absolute filtration rating of 10 such as manufacturer’s
(2) Municipal solid waste landfill gas microns or less, lowers the water dew recommendations or engineering
collection, control, or treatment system point of the landfill gas by at least 20 analyses, to justify the operating ranges
owners/operators are responsible for degrees Fahrenheit with a de-watering for temperature, dew point, or other
complying with the requirements of this process, and compresses the landfill gas. monitoring parameters.
subpart for the portion of the landfill gas Untreated landfill gas means any (E) The Administrator shall review
collection, control, or treatment system landfill gas that is not treated landfill the information submitted under
they own/operate. gas. paragraphs (b)(2)(i)(A), (B), (C), and (D)
8. Section 60.752 is amended by: of this section and either approve,
* * * * *
a. Revising paragraph (b)(2)(i)(D), disapprove, or request that additional
7. Section 60.751 is amended by: paragraph (b)(2)(iii)(B) introductory text, information be submitted. Because of
a. Revising the definition of and paragraph (b)(2)(iii)(C); and the many site-specific factors involved
‘‘Household waste’’; and b. Adding paragraph (b)(2)(i)(E) and with landfill gas system design,
b. Adding the definitions of ‘‘Absolute paragraph (b)(2)(iii)(D) to read as alternative systems may be necessary. A
filtration rating,’’ ‘‘Municipal solid follows: wide variety of system designs are
waste landfill gas collection, control, or possible, such as vertical wells,
§ 60.752 Standards for air emissions from
treatment system owner/operator,’’ municipal solid waste landfills. combination horizontal and vertical
‘‘Municipal solid waste landfill owner/ collection systems, or horizontal
operator,’’ ‘‘Segregated yard waste,’’ * * * * *
trenches only, leachate collection
‘‘Treated landfill gas,’’ ‘‘Treatment (b) * * *
components, and passive systems.
system,’’ and ‘‘Untreated landfill gas’’ in (2) * * *
(i) * * * * * * * *
alphabetical order to read as follows: (iii) * * *
(D) If the owner or operator chooses
§ 60.751 Definitions. to demonstrate compliance with the (B) A control system designed and
emission control requirements of this operated to reduce NMOC by 98 weight
* * * * * percent, or, when an enclosed
subpart using a treatment system as
Absolute filtration rating means the combustion device is used for control,
defined in this subpart and according to
diameter of the largest hard spherical to either reduce NMOC by 98 weight
the requirements of paragraph (b)(iii)(C)
particle that would pass through a filter. percent or to reduce the outlet to less
of this section, then the collection and
* * * * * control system design plan must than 20 parts per million by volume, dry
Household waste means any solid include: basis as hexane at 3 percent oxygen. The
waste (including garbage, trash, and (1) Design specifications for the reduction efficiency or parts per million
sanitary waste in septic tanks) derived filtration, de-watering, and compression by volume shall be established by an
from households (including, but not systems that demonstrate conformance initial performance test to be completed
limited to, single and multiple with the treatment system definition no later than 180 days after the initial
residences, hotels and motels, contained in § 60.751. startup of the approved control system
bunkhouses, ranger stations, crew (2) The minimum pressure drop using the test methods specified in
quarters, campgrounds, picnic grounds, across the filtration system, or other § 60.754(d). The performance test is not
and day-use recreation areas). monitoring parameter(s) and operating required for boilers and process heaters
Household waste does not include fully ranges that indicate proper performance with design heat input capacities equal
segregated yard waste. of the filtration system. The collection to or greater than 44 megawatts that
* * * * * and control plan must include burn landfill gas for compliance with
information, such as manufacturer’s this subpart.
Municipal solid waste landfill gas
collection, control, or treatment system recommendations or engineering * * * * *
owner/operator means any entity that analyses, to justify the minimum (C) Route the collected gas to a
owns or operates any stationary pressure drop or operating ranges for treatment system that processes the
equipment required by § 60.752(b)(2) of other monitoring parameters. collected gas for subsequent sale as a
this subpart that is used to collect, (3) The minimum landfill gas fuel for combustion or use as a fuel for
control, or treat landfill gas from an temperature reduction across a chiller- combustion. Landfill gas sold as a fuel
MSW landfill that is subject, regardless based de-watering system, the minimum for combustion or used as a fuel for
of the location of the control or landfill gas dew point reduction for a combustion shall be treated in a
treatment system. non-chiller-based de-watering system, treatment system as defined in § 60.751
Municipal solid waste landfill owner/ or other operating parameters and that meets the requirements of
operator means any entity that owns or operating ranges that indicate proper § 60.752(b)(2)(i)(D) and the monitoring,
operates a municipal solid waste performance of the de-watering system. recordkeeping, and reporting
landfill. If the owner/operator requests approval requirements of this subpart that apply
to monitor temperature or dew point at to treatment systems. All emissions
* * * * * a single location, such as the outlet of from any atmospheric vent from the gas
Segregated yard waste means the chiller or de-watering system, rather treatment system shall be subject to the
vegetative matter resulting exclusively than at both the inlet and outlet, the requirements of paragraph (b)(2)(iii)(A)
from the cutting of grass, the pruning design plan must demonstrate that the or paragraph (b)(2)(iii)(B) of this section.
and/or removal of bushes, shrubs, and proposed monitoring location and site- For purposes of this rule, atmospheric
trees, the weeding of gardens, and other specific maximum temperature or vents located on the condensate storage
landscaping maintenance activities. maximum dew point are sufficient to tank are not part of the treatment system
* * * * * indicate that the dew point has been and are exempt from the requirements
of paragraph (b)(2)(iii)(A) or (b)(2)(iii)(B) and periods of routine maintenance of and (f)(1) through (f)(3) to read as
of this section. The owner/operator of the landfill gas collection, control, or follows:
the landfill gas treatment system must treatment systems. The provisions of
§ 60.757 Reporting requirements.
ensure compliance with the treatment § 60.11(d) continue to apply during
requirements. The owner/operator of a periods of startup, shutdown, * * * * *
combustion device who uses treated malfunction, and routine maintenance (f) The owner or operator seeking to
landfill gas as a fuel in a combustion of the landfill gas collection, control, or comply with § 60.752(b)(2) using an
device or purchases treated landfill gas treatment systems. Routine maintenance active collection system designed in
for fuel in a combustion device shall be activities must be completed and accordance with § 60.752(b)(2)(ii) shall
exempt from further compliance with malfunctions must be corrected as soon submit to the Administrator annual
this subpart. The treated gas must be as practicable after their occurrence in reports of the recorded information in
used as a fuel, and venting of treated order to minimize emissions. paragraphs (f)(1) through (6) of this
landfill gas to the ambient air or 10. Section 60.756 is amended by section. The initial annual report shall
combustion in a flare is not allowed adding paragraph (g) to read as follows: be submitted within 180 days of
under this option. installation and start-up of the
§ 60.756 Monitoring of operations. collection, control, or treatment system,
(D) If an owner/operator complied
with the requirements of paragraph * * * * * and shall include the initial
(b)(2)(iii) of this section by installing (g) Each owner or operator seeking to performance test report required under
and operating a gas treatment system on demonstrate compliance with § 60.8, as applicable. For enclosed
or before September 8, 2006, the owner/ § 60.752(b)(2)(iii) using a landfill gas combustion devices, treatment systems,
operator must ensure that the treatment treatment system shall calibrate, and flares, reportable exceedances are
system meets the treatment system maintain, and operate according to the defined under § 60.758(c).
definition in § 60.751, submit a design manufacturer’s specifications, the (1) Value and length of time for
plan update including the information following equipment. exceedance of applicable parameters
specified in paragraph (b)(2)(i)(D) of this (1) A device that monitors pressure monitored under § 60.756(a), (b), (c), (d),
section, meet the requirements of drop across, or other approved and (g).
parameter(s) for, the filtration system (2) Description and duration of all
paragraph (b)(2)(iii)(C) of this section,
that is equipped with a continuous periods when the gas stream is diverted
and implement all treatment system
recorder that shall record such from the control device or treatment
operating, compliance, monitoring,
parameters at least once every 15 system through a bypass line or the
recordkeeping, and reporting
minutes. Records of hourly and 24-hour indication of a bypass flow as specified
requirements of this subpart as
block averages computed from the under § 60.756.
expeditiously as practicable, but no later (3) Description and duration of all
than [DATE 1 YEAR AFTER THE FINAL continuous monitoring data must also
be retained. periods when the control device or
RULE AMENDMENTS ARE treatment system was not operating for
(2) A device that monitors the landfill
PUBLISHED IN THE Federal Register]. a period exceeding 1 hour and length of
gas temperature for a chiller-based de-
Alternatively, the owner/operator may time the control device or treatment
watering system, the landfill gas dew
elect to comply with the control system was not operating.
point for a non-chiller-based de-
requirements in paragraph (b)(2)(iii)(A)
watering system, or the approved * * * * *
or paragraph (b)(2)(iii)(B) of this section;
operating parameter(s) for the de- 12. Section 60.758 is amended by:
submit a design plan update for the
watering system at the monitoring a. Revising paragraph (b) introductory
control system; and comply with all
locations specified in the approved text, paragraph (b)(2)(i), paragraph (c)
control system operational, testing,
design plan required under introductory text; and paragraph
compliance, monitoring, recordkeeping,
§ 60.752(b)(2)(i)(D). Each monitoring (c)(1)(i); and
and reporting requirements of this b. Adding paragraph (b)(5), paragraph
device must be equipped with a
subpart as expeditiously as practicable, (c)(1)(iii); and paragraph (g) to read as
continuous recorder that shall record
but no later than [DATE 1 YEAR AFTER follows:
such parameters at least once every 15
THE FINAL RULE AMENDMENTS ARE
minutes. Records of hourly and 24-hour
PUBLISHED IN THE Federal Register]. § 60.758 Recordkeeping requirements.
block averages computed from the
* * * * * continuous monitoring data must also * * * * *
9. Section 60.755 is amended by be retained. (b) Except as provided in
revising paragraph (c)(3) and paragraph (3) A device that records flow to or § 60.752(b)(2)(i)(B), for controlled
(e) to read as follows: bypass of the treatment system. The landfills, the owner or operator shall
owner or operator shall either: keep up-to-date, readily accessible
§ 60.755 Compliance provisions. records for the life of the control
(i) Install, calibrate, and maintain a
* * * * * gas flow rate measuring device that shall equipment or treatment system of the
(c) * * * record the flow to the control device at data listed in paragraphs (b)(1) through
(3) Surface emission monitoring shall least every 15 minutes; or (5) of this section as measured during
be performed in accordance with (ii) Secure the bypass line valve in the the initial performance test or
section 8.3.1 of Method 21 of appendix closed position with a car-seal or a lock- compliance demonstration, or as
A of this part, except that the probe inlet and-key type configuration. A visual submitted and approved under
shall be placed within 5 to 10 inspection of the seal or closure § 60.752(b)(2)(i)(D). Records of
centimeters of the ground. Monitoring mechanism shall be performed at least subsequent tests or monitoring shall be
shall be performed during typical once every month to ensure that the maintained for a minimum of 5 years.
meteorological conditions. valve is maintained in the closed Records of the control device or
* * * * * position and that the gas flow is not treatment system vendor specifications
(e) The provisions of the subpart diverted through the bypass line. shall be maintained until removal.
apply at all times, except during periods 11. Section 60.757 is amended by * * * * *
of startup, shutdown, and malfunction revising paragraphs (f) introductory text (2) * * *
(i) The average temperature measured proper performance of the treatment Municipal solid waste landfill gas
at least every 15 minutes and averaged system. collection, control, or treatment system
over the same time period of the * * * * * owner/operator means any entity that
performance test. (g) Where multiple entities exist owns or operates any stationary
* * * * * under the definitions of ‘‘Municipal equipment required by § 62.14353 that
solid waste landfill owner/operator’’ is used to collect, control, or treat
(5) Where an owner or operator
and ‘‘Municipal solid waste landfill gas landfill gas from an MSW landfill that
subject to the provisions of this subpart
collection, control, or treatment system is a designated facility under
seeks to demonstrate compliance with
owner/operator’’ for an individual MSW § 62.14352(a), regardless of the location
§ 60.752(b)(2)(iii) through the use of a
landfill and its required gas collection, of the control or treatment system.
treatment system:
control, or treatment systems, all Municipal solid waste landfill owner/
(i) The approved minimum pressure operator means any entity that owns or
entities must keep a list that shows
drop across the filtration system, or the operates a municipal solid waste
regulatory section and paragraph
approved operating ranges for other landfill that is a designated facility
numbers, documenting which aspects of
monitoring parameter(s) that indicate under § 62.14352(a).
the requirements of §§ 60.752 through
proper performance of the filtration
60.759 each party will comply with. The * * * * *
system, as specified in the approved
list must include all requirements of 15. Section 62.14352 is amended by:
design plan required by
this subpart that apply to the MSW a. Revising paragraph (a) introductory
§ 60.752(b)(2)(i)(D).
landfill and all required gas collection, text; and
(ii) The approved minimum control, or treatment systems. If the list b. Adding paragraph (g) to read as
temperature reduction or approved does not correctly identify all applicable follows:
maximum outlet temperature of a provisions, all entities involved are
chiller-based de-watering system, the § 62.14352 Designated facilities.
responsible for compliance with the
approved minimum dew point missing items. All entities must keep an (a) The designated facility to which
reduction or maximum outlet dew point identical copy of the list on site and this subpart applies is each existing
of a non-chiller-based de-watering must comply with those provisions on MSW landfill, and the stationary
system, or the approved operating the applicable list that are assigned to equipment used to collect, control, or
ranges for other monitoring parameter(s) them until such time as the list may be treat the landfill gas from such MSW
that indicate proper performance of the modified. The list must be kept up-to- landfills as required by § 62.14353 of
de-watering system, as specified in the date. The current list and all previously this subpart, in all States, protectorates,
approved design plan required by modified lists must be maintained on and Indian Country that meets the
§ 60.752(b)(2)(i)(D). site for 5 years after the date each list conditions of paragraphs (a)(1) and (2)
(c) Except as provided in was modified. If a gas collection, of this section, except for landfills
§ 60.752(b)(2)(i)(B), for a controlled control, or treatment system was exempted by paragraphs (b) and (c) of
landfill subject to the provisions of this installed to comply with this subpart on this section.
subpart, the owner or operator shall or before September 8, 2006, the list * * * * *
keep for 5 years up-to-date, readily showing the requirements that each (g) Each MSW landfill owner/operator
accessible continuous records of the party will comply with must be and each MSW landfill gas collection,
equipment operating parameters completed as expeditiously as control, or treatment system owner/
specified to be monitored under practicable, but no later than [DATE 1 operator, as defined in § 62.14351, is
§ 60.756 as well as up-to-date, readily YEAR AFTER THE FINAL RULE responsible for compliance as specified
accessible records for periods of AMENDMENTS ARE PUBLISHED IN in paragraphs (g)(1) and (2) of this
operation during which the parameter THE Federal Register]. Entities meeting section; provided, however, that if the
boundaries measured during the most the definition of ‘‘Municipal solid waste MSW landfill and the associated gas
recent performance test or submitted landfill owner/operator’’ or ‘‘Municipal collection, control, and/or treatment
and approved under § 60.752(b)(2)(i)(D) solid waste landfill gas collection, system are under common control, the
are exceeded. control, or treatment system owner/ entity exercising such control shall be
(1) * * * operator’’ may be held responsible for responsible for complying with the
compliance with this subpart as requirements in both paragraphs (g)(1)
(i) For enclosed combustors, except
specified in § 60.750(a)(1) and (2). and (2) of this section.
for boilers and process heaters with
(1) Municipal solid waste landfill
design heat input capacity of 44 PART 62—[AMENDED] owners/operators are responsible for
megawatts (150 million British thermal
complying with the requirements of this
units (Btu) per hour) or greater, all 3- 13. The authority citation for part 62
subpart for the landfill and any portion
hour periods of operation during which continues to read as follows:
of the landfill gas collection, control, or
the average temperature was more than Authority: 42 U.S.C. 7401, et seq. treatment system they own/operate. In
28 °C below the average temperature
addition, if another entity owns/
during the most recent performance test Subpart GGG—[Amended] operates the gas collection, control, or
at which compliance with
14. Section 62.14351 is amended by treatment system and for any reason
§ 60.752(b)(2)(iii) was determined.
adding the definitions of ‘‘Municipal (e.g., bankruptcy, abandonment of
* * * * * operation) that entity ceases to accept
solid waste landfill gas collection,
(iii) For treatment systems used to control, or treatment system owner/ the landfill gas, responsibility for
demonstrate compliance with operator’’ and ‘‘Municipal solid waste complying with all applicable
§ 60.752(b)(2)(iii), all 24-hour periods of landfill owner/operator’’ in alphabetical requirements to which that entity was
operation during which the average order to read as follows: subject under this subpart shall
operating parameter values are outside immediately apply to, and be binding
of the approved ranges identified in § 62.14351 Definitions on, the landfill owner/operator. The title
§ 60.752(b)(2)(i)(D) as those that indicate * * * * * V permits for landfill owners/operators
must be written to require that the subject under this subpart shall § 63.1955 What requirements must I meet?
requirements applicable to the owners/ immediately apply to, and be binding * * * * *
operators of the landfill gas collection, on, the landfill owner/operator. The title (c) For approval of collection and
control, and/or treatment system V permits for landfill owners/operators control systems that include any
immediately become applicable must be written to require that the alternatives to the operational
requirements of the landfill owner/ requirements applicable to the owners/ standards, test methods, procedures,
operator whenever the owners/operators operators of the landfill gas collection, compliance measures, monitoring,
of the landfill gas collection, control, control, and/or treatment system recordkeeping, or reporting provisions,
and/or treatment system cease to accept immediately become applicable you must follow the procedures in 40
the landfill gas. requirements of the landfill owner/ CFR 60.752(b)(2) of subpart WWW. If
(2) Municipal solid waste landfill gas operator whenever the owners/operators alternatives have already been approved
collection, control, or treatment system of the landfill gas collection, control, under 40 CFR part 60, subpart WWW,
owners/operator are responsible for and/or treatment system cease to accept or the Federal plan, or EPA-approved
complying with the requirements of this the landfill gas. and effective State or tribal plan, those
subpart for the portion of the landfill gas (2) Municipal solid waste landfill gas alternatives can be used to comply with
collection, control, or treatment system collection, control, or treatment system this subpart, except that all affected
they own/operate. owners/operators are responsible for sources must comply with the startup,
complying with the requirements of this shutdown, and malfunction
PART 63—[AMENDED] requirements in subpart A of this part as
subpart for the portion of the landfill gas
16. The authority citation for part 63 collection, control, or treatment system specified in Table 1 of this subpart; and
continues to read as follows: they own/operate. all affected sources must submit
compliance reports every 6 months as
Authority: 42 U.S.C. 7401, et seq. 18. Section § 63.1940 is amended by specified in § 63.1980(a) and (b),
revising paragraph (a) to read as follows: including information on all deviations
Subpart AAAA—[Amended]
§ 63.1940 What is the affected source of that occurred during the 6-month
17. Section 63.1935 is amended by this subpart? reporting period. Deviations for
adding paragraphs (c) and (d) to read as continuous emission monitors or
follows: (a) An affected source of this subpart numerical continuous parameter
is a MSW landfill, as defined in monitors must be determined using a 3-
§ 63.1935 Am I subject to this subpart? § 63.1990, that meets the criteria in hour monitoring block average for
* * * * * § 63.1935(a) or § 63.1935 (b). The control systems used to demonstrate
(c) You are subject to this subpart if affected source includes the entire compliance with 40 CFR
you own or operate stationary disposal facility in a contiguous 60.752(b)(iii)(B) of subpart WWW, or a
equipment required by § 63.1947 or geographic space where household 24-hour monitoring block average for
§ 63.1955 that is used to collect, control, waste is placed in or on land, including treatment systems used to demonstrate
or treat landfill gas from a municipal any portion of the MSW landfill compliance with 40 CFR
solid waste landfill that is subject to this operated as a bioreactor. The affected 60.752(b)(iii)(C) of subpart WWW.
subpart (regardless of the location of the source also includes stationary * * * * *
control or treatment system). equipment required by § 63.1947 or 21. Section 63.1960 is revised to read
(d) Each municipal solid waste § 63.1955 that is used to collect, control, as follows:
landfill owner/operator and each or treat landfill gas from a MSW landfill
municipal solid waste landfill gas that is subject to this subpart (regardless § 63.1960 How is compliance determined?
collection, control, or treatment system of the location of the control or Compliance is determined in the same
owner/operator, as defined in § 63.1990, treatment system). way it is determined for 40 CFR part 60,
is responsible for compliance with this * * * * * subpart WWW, including performance
subpart as specified in paragraphs (d)(1) testing, monitoring of the collection
and (2) of this section; provided, 19. Section 63.1945 is amended by
revising paragraph (d) to read as system, continuous parameter
however, that if the municipal solid monitoring, and other credible
waste landfill and the associated gas follows:
evidence. In addition, continuous
collection, control, and/or treatment § 63.1945 When do I have to comply with parameter monitoring data, collected
system are under common control, the this subpart? under 40 CFR 60.756(b)(1), (c)(1), (d)
entity exercising such control shall be * * * * * and (g) of subpart WWW, are used to
responsible for complying with the demonstrate compliance with the
(d) If your landfill is an existing
requirements in both paragraphs (d)(1) operating conditions for control systems
affected source and is a major source or
and (2) of this section. or treatment systems. If a deviation
(1) Municipal solid waste landfill is collocated with a major source, you
must comply with the requirements in occurs, you have failed to meet the
owners/operators are responsible for control device or treatment system
complying with the requirements of this § 63.1955(b) and §§ 63.1960 through
operating conditions described in this
subpart for the landfill and any portion 63.1980 by the date your landfill is
subpart and have deviated from the
of the landfill gas collection, control, or required to install a collection and
requirements of this subpart. Finally,
treatment system they own/operate. In control system by 40 CFR 60.752(b)(2) of
you must develop a written SSM plan
addition, if another entity owns/ subpart WWW, the Federal plan, or EPA
according to the provisions in
operates the gas collection, control, or approved and effective State or tribal
§ 63.6(e)(3). Your SSM plan must
plan that applies to your landfill or by
treatment system and for any reason include a plan for conducting routine
(e.g., bankruptcy, abandonment of January 16, 2004, whichever occurs
maintenance on the landfill gas
operation) that entity ceases to accept later.
collection, control, and treatment
the landfill gas, responsibility for * * * * * systems. The routine maintenance plan
complying with all applicable 20. Section 63.1955 is amended by must include maintenance procedures,
requirements to which that entity was revising paragraph (c) to read as follows: actions that will be taken to minimize
emissions during maintenance, shutdown, and malfunction event signature of the owner or operator or
shutdown frequency, shutdown (including startups and shutdowns of other responsible official who is
duration, and procedures for the landfill gas collection, control, or certifying its accuracy, explaining the
minimizing emissions during startup treatment system for routine circumstances of the event and the
and shutdown of the collection, control, maintenance) and any actions taken that reasons for not following the SSM plan.
and/or treatment systems for routine were inconsistent with the SSM plan. In If the duration of any shutdown or
maintenance. A copy of the SSM plan any instance where any action taken by malfunction event (including any
must be maintained on site. Failure to an owner or operator during a startup, shutdown of the landfill gas collection,
write or maintain a copy of the SSM shutdown, or malfunction (including control, or treatment system for routine
plan is a deviation from the actions taken to correct a malfunction maintenance) exceeds 5 days, the
requirements of this subpart. and actions taken during startup or immediate report shall also include the
22. Section 63.1965 is amended by shutdown of the landfill gas collection, reasons that the duration of the event
revising paragraphs (a) and (b) to read control, or treatment system for routine exceeded 5 days and actions taken to
as follows: maintenance) is not consistent with the minimize the duration of the event.
affected source’s SSM plan, the report Notwithstanding the requirements of the
§ 63.1965 What is a deviation?
also shall include a brief description of previous sentences in this paragraph
* * * * * the startup, shutdown, or malfunction (i)(2), after the effective date of an
(a) A deviation occurs when the event. Reports shall be required only if approved permit program in the State in
control device or treatment system a startup, shutdown, or malfunction which an affected source is located, the
operating parameter boundaries (including startups or shutdowns of the owner or operator may make alternative
described in 40 CFR 60.758(c)(1) of landfill gas collection, control, or reporting arrangements, in advance,
subpart WWW are exceeded. treatment system for routine with the permitting authority in that
(b) A deviation occurs when 1 hour or maintenance) occurred during the State. Procedures governing the
more of the hours during the applicable reporting period. The startup, arrangement of alternative reporting
3-hour, or 24-hour, block averaging shutdown, and malfunction report shall requirements under this paragraph (i)(2)
period specified in 40 CFR 60.758(c)(1) consist of a letter, containing the name, are specified in § 63.9(i) of subpart A.
of subpart WWW does not constitute a title, and signature of the owner or (j) Where multiple entities exist under
valid hour of data. A valid hour of data operator or other responsible official the definitions of ‘‘Municipal solid
must have measured values for at least who is certifying its accuracy, that shall waste landfill owner/operator’’ and
three 15-minute monitoring periods be submitted to the Administrator every ‘‘Municipal solid waste landfill gas
within the hour. 6 months with the reports described in collection, control, or treatment system
* * * * * paragraph (a) or paragraph (c) through owner/operator’’ for an individual MSW
23. Section 63.1975 is revised to read (f) of this section. landfill and its required gas collection,
as follows: (2) Immediate startup, shutdown, and control, or treatment systems, all
§ 63.1975 How do I calculate the block malfunction reports. Any time an action entities must keep a list that shows
average used to demonstrate compliance? taken by an owner or operator during a regulatory section and paragraph
Averages are calculated in the same startup, shutdown, or malfunction numbers, documenting which aspects of
way as they are calculated in 40 CFR (including actions taken to correct a the requirements of §§ 63.1945 through
part 60, subpart WWW, except that malfunction and actions taken during 63.1980 each entity will comply with.
averages computed under this subpart startup or shutdown of the landfill gas The list must include all requirements
shall not include periods of monitoring collection, control, or treatment system of this subpart that apply to the MSW
system breakdowns, repairs, calibration for routine maintenance) is not landfill and all required gas collection,
checks, and zero (low-level) and high- consistent with the procedures specified control, or treatment systems. If the list
level adjustments. in the affected source’s SSM plan, the does not correctly identify all applicable
24. Section 63.1980 is amended by owner or operator shall report the provisions, all entities involved are
adding paragraphs (i) and (j) to read as actions taken for that event within 2 responsible for compliance with the
follows: working days after commencing actions missing requirements. All entities must
inconsistent with the plan followed by keep an identical copy of the list on site
§ 63.1980 What records and reports must a letter within 7 working days after the and must comply with those provisions
I keep and submit? end of the event. If the duration of any on the applicable list that are assigned
* * * * * shutdown or malfunction event to them until such time as the list may
(i) In lieu of meeting the requirements (including any shutdown of the landfill be modified. The list must be kept up-
of § 63.10(d)(5)(i) and (ii) of subpart A gas collection, control, or treatment to-date. The current list and all
for periodic and immediate startup, system for routine maintenance) previously modified lists must be
shutdown, and malfunction reports, you exceeds 5 days, the owner or operator maintained on site for 5 years after the
must comply with the requirements of shall report the event within 2 working date each list was modified. If a gas
paragraphs (i)(1) and (2) of this section. days of the date the duration of the collection, control, or treatment system
(1) Periodic startup, shutdown, and event exceeds 5 days, followed up by a was installed to comply with this
malfunction reports. The owner or letter within 7 working days after the subpart on or before September 8, 2006,
operator shall report each startup, end of the event. The immediate reports the list showing the requirements that
shutdown, and malfunction (including required under this paragraph (i)(2) each party will comply with must be
startups and shutdowns of the landfill shall consist of a telephone call (or completed no later than [DATE 1 YEAR
gas collection, control, or treatment facsimile (fax) transmission) to the AFTER THE FINAL RULE
system for routine maintenance) that Administrator within 2 working days, AMENDMENTS ARE PUBLISHED IN
occurred during the semiannual and it shall be followed by a letter, THE Federal Register]. Entities meeting
compliance reporting period. Such delivered or postmarked within 7 the definition of ‘‘Municipal solid waste
report shall include the date, duration, working days after the end of the event, landfill owner/operator’’ or ‘‘Municipal
and identification of each startup, that contains the name, title, and solid waste landfill gas collection,
control, or treatment system owner/ landfill where any liquid other than equipment required by 40 CFR
operator’’ may be held responsible for leachate (leachate includes landfill gas 60.752(b)(2) of subpart WWW or
compliance with this subpart as condensate) is added in a controlled § 63.1947 or § 63.1955 that is used to
specified in § 63.1935(d)(1) and (2). fashion into the waste mass (often in collect, control, or treat landfill gas from
25. Section 63.1990 is amended by combination with recirculating leachate) a municipal solid waste landfill that is
revising the definition of ‘‘Bioreactor’’ to reach a minimum average moisture subject to this subpart (regardless of the
and adding a definition of ‘‘Municipal content of at least 40 percent by weight, location of the control or treatment
solid waste landfill gas collection, calculated on a wet weight basis, to system).
control, or treatment system owner/ accelerate or enhance the anaerobic * * * * *
operator’’ in alphabetical order to read (without oxygen) biodegradation of the 26. Table 1 to subpart AAAA of part
as follows: waste. 63 is amended by:
* * * * * a. Revising the entry for § 63.6(e).
§ 63.1990 What definitions apply to this Municipal solid waste landfill gas b. Adding a new entry in numerical
subpart?
collection, control, or treatment system order for § 63.9(i).
Bioreactor means an MSW landfill or owner/operator means any entity that c. Removing the entry for § 63.10(d)(5)
portion of a municipal solid waste owns or operates any stationary to read as follows:
TABLE 1 TO SUBPART AAAA OF PART 63.—APPLICABILITY OF NESHAP GENERAL PROVISIONS TO SUBPART AAAA
Part 63 citation Description Explanation
* * * * * * *
§ 63.6(e), except § 63.6(e)(3)(iv) ....................... Operation and maintenance requirements, Affected sources are subject to the provisions
SSM plan provisions. in § 63.1980(i)(2) instead of § 63.6(e)(3)(iv).
* * * * * * *
§ 63.9(i) ............................................................. Provisions to adjust the time periods for post- Allows adjustment of timing of reports.
mark deadlines for submitting required re-
ports.
[FR Doc. 06–7493 Filed 9–7–06; 8:45 am]

BILLING CODE 6560–50–P

Proposed Rule: Air Pollutants, Hazardous National Emission Standards: Municipal Solid Waste Landfills, Amendments

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[FR Doc. 06–7493 Filed 9–7–06; 8:45 am]

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