Standards of Performance for Municipal Solid Waste Landfills

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Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: May 23, 2002 (Volume 67, Number 100)]
[Proposed Rules]
[Page 36475-36481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my02-31]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-7215-4]
RIN 2060-AJ41

Standards of Performance for Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.

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SUMMARY: The EPA is proposing clarifications to the final rule entitled
"Standards of Performance for Municipal Solid Waste
Landfills" (61 FR 9905, March 12, 1996). We propose to clarify
who is responsible for compliance activities conducted on-site; to
clarify what constitutes treated landfill gas; to correct omission of
an exemption for specific boilers and process heaters from the initial
performance test; and to address compliance activities conducted by
third parties with systems located off-site.
The proposed amendments will not change the basic control
requirements of the final rule or the level of health protection it
provides, but will improve implementation, compliance, and regulatory
flexibility while reducing unnecessary regulatory burden.
While the proposed amendments would amend the "Standards of
Performance for Municipal Solid Waste Landfills," they would also
serve to amend the emission guidelines (EG) for existing municipal
solid waste (MSW) landfills because the EG incorporate the provisions
of the "Standards of Performance for Municipal Solid Waste
Landfills."

DATES: Comments. Submit comments on or before July 22, 2002.
Public Hearing: If anyone contacts EPA requesting to speak at a
public hearing by June 12, 2002, a public hearing will be held on June
24, 2002.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-88-09, U.S. EPA, 1200
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier,
deliver comments (in duplicate if possible) to: Air and Radiation
Docket and Information Center (6102), Attention Docket Number A-88-09,
U.S. EPA, 401 M Street, SW, Washington DC 20460. The EPA requests a
separate copy also be sent to the contact person listed below (see FOR
FURTHER INFORMATION CONTACT).
Public Hearing. If a public hearing is held, it will begin at 10:00
a.m. and will be held at EPA's Office of Administration Auditorium in
Research Triangle Park, North Carolina, or an alternate site nearby.
You should contact JoLynn Collins, Waste and Chemical Processes Group,
Emission Standards Division (C439-03), U.S. EPA, Research Triangle
Park, NC 27711, telephone (919) 541-5671 to request a public hearing,
to request to speak at a public hearing, or to find out if a hearing
will be held.
Docket. Docket No. A-88-09 contains supporting information used in
developing the new source performance standards (NSPS). The docket is
located at the U.S. EPA, 401 M Street SW, Washington, DC 20460 in Room
M-1500, Waterside Mall (ground floor), and may be inspected from 8:30
a.m. to 5:30 p.m., Monday through Friday, excluding legal holidays.
Copies of docket materials may be obtained by request from the Air and
Radiation Docket by calling (202) 260-7548. A reasonable fee may be
charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Laur, Waste and Chemical
Processes Group, Emission Standards Division (C439-03), U.S. EPA,
Research Triangle Park, NC 27711, telephone number (919) 541-5256,
facsimile number (919) 541-0246, electronic mail (e-mail) address:
laur.michele@epa.gov.

SUPPLEMENTARY INFORMATION: Comments. Comments may be submitted by e-
mail to: a-and-r-docket@epa.gov. Electronic comments must be
submitted as an ASCII file to avoid the use of special characters and
encryption problems. Comments will also be accepted on disks in
WordPerfect® Corel 8 file format. All comments submitted in
electronic form must note the docket number: Docket No. A-88-09. No
confidential business information (CBI) should be submitted by e-mail.
Electronic comments may be filed online at many Federal Depository
Libraries.
Commenters wishing to submit proprietary information for
consideration and retain the confidentiality of that information must
clearly distinguish such information from other comments and clearly
label it as CBI. Send submissions containing such proprietary
information directly to the following address, and not to the public
docket, to ensure that proprietary information is not inadvertently
placed in the docket: Attention Ms. Michele Laur, c/o OAQPS Document
Control Officer, U.S. EPA, (C404-02), 4930 Old Page Road, Research
Triangle Park, 27709.
The EPA will disclose information identified as CBI only to the
extent allowed and by the procedures set forth in 40 CFR part 2. If no
claim of confidentiality accompanies a submission when it is received
by EPA, the information may be made available to the public without
further notice to the commenter.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
JoLynn Collins, Emission Standards Division (C439-03), U.S. EPA,
Research Triangle Park, NC 27711, telephone (919) 541-5671, at least 2
days in advance of the public hearing. Persons interested in attending
the public hearing should also contact JoLynn Collins to verify the
time, date, and location of the hearing. The public hearing will
provide interested parties the opportunity to present data, views, or
arguments concerning these proposed amendments.
Docket. The docket is an organized and complete file of all the
information considered by EPA in the development of the NSPS. The
docket is a dynamic file because material is added throughout the
rulemaking process. The docketing system is intended to allow members
of the public and industries involved to readily identify and locate
documents so that they can effectively participate in the rulemaking
process. Along with the proposed and promulgated standards and their
preambles, the contents of the docket serve as the record in the case
of judicial review. (See section 307(d)(7)(A) of the Clean Air Act.)
The regulatory text and other materials related to this action are
available for review in the docket or copies may be mailed on request
from the Air Docket by calling (202) 260-7548. A reasonable fee may be
charged for copying docket materials.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposed amendments will also be
available on the WWW through the Technology Transfer Network (TTN).
Following signature, a copy of today's proposed amendments will be
posted on the TTN's policy and guidance page for newly proposed or
promulgated rules at the following address: http://www.epa.gov/ttn/
oarpg. The TTN provides information and technology exchange in various
areas of air pollution control. If more information regarding the TTN
is needed, call the TTN HELP line at (919) 541-5384.

[[Page 36477]]

Regulated Entities. Categories and entities potentially regulated
by today's proposed amendments include:

----------------------------------------------------------------------------------------------------------------
Examples of potentially regulated
Category NAICS code SIC code entities
----------------------------------------------------------------------------------------------------------------
Industry: Air and water resource and solid 924110 9511 Solid waste landfills.
waste management.
Industry: Refuse systems-solid waste 562212 4953 Solid waste landfills.
landfills.
State, local, and Tribal government agencies.. 562212 4953 Solid waste landfills; Air and water
924110 resource and solid waste management.
----------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should carefully examine the applicability criteria in Sec.
60.32c of subpart Cc, or in Sec. 60.750 of subpart WWW. If you have
any questions regarding the applicability of this action to a
particular entity, contact the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

I. Background

On March 12, 1996 (61 FR 9905), the U.S. EPA promulgated the
emission guidelines (EG) for existing municipal solid waste (MSW)
landfills and the NSPS for new or modified MSW landfills as subparts Cc
and WWW of 40 CFR part 60. The expressed goal of the EG and NSPS is to
control landfill gas emissions from the largest landfills to protect
human health and the environment.
The control of landfill gas results in emissions reductions of over
30 volatile organic compounds and air toxics such as toluene, benzene,
and vinyl chloride. The reduction of these emissions has direct and
indirect health benefits as well as environmental benefits. In
addition, the control of landfill gas results in reductions of methane
gas emissions which not only reduces the potential for fires and
explosions near landfills but also reduces the potential for global
climate change related to methane gas emissions. Another benefit is the
reduction of odor problems which reduces the potential for local
property de-valuation and poorer quality of life for local residents.
The EG and NSPS require large landfills (at least 2.5 million
megagrams and 2.5 million cubic meters in size) with estimated
nonmethane organic compound (NMOC) emissions at or above a specified
limit (at least 50 megagrams per year) to collect and control or treat
landfill gas. The NSPS and EG provide landfill owners or operators with
some degree of flexibility to achieve compliance, allowing them to
incorporate site specific factors into the design of the collection and
control or treatment systems, as long as the systems meet specific
performance standards.
Recent implementation activity has shown a need for clarification
of some issues. Today's proposed amendments are submitted to resolve
those issues.

II. What Amendments Are We Making and Why?

A. Definition of Landfill Owner/Operator

The NSPS do not contain a specific definition for MSW landfill
owners/operators. In the absence of a specific definition, relevant
definitions in the NSPS and in the general provisions apply. This lack
of a specific definition for MSW landfill owners/operators may have
confused some with regard to who is responsible for compliance when
collection and control or treatment of landfill gas is performed on-
site.
To facilitate implementation and improve compliance, we propose to
amend Sec. 60.751 of the NSPS by adding a landfill-specific
definition for MSW landfill owners/operators. This landfill-specific
definition will identify the MSW landfill owners/operators as entities
that own or operate the landfill or any stationary equipment located at
the landfill that is used in the collection, control, or treatment of
landfill gas. The inclusion of owners/operators of landfill gas
collection, control, or treatment equipment located on-site in the
definition of "MSW landfill owner/operator" is consistent
with our historical approach and with the "owner/operator"
and "affected facility" definitions found in the general
provisions to 40 CFR part 60. Today's proposed amendments should help
to more clearly identify entities responsible for compliance with the
NSPS.

B. Definitions for Treated Landfill Gas, Treatment System, and
Untreated Landfill Gas, and Clarification of the Treatment Standard

The NSPS allow landfill owners/operators the option of achieving
compliance by routing collected landfill gas to a treatment system
prior to subsequent sale or use. Once landfill gas is treated,
facilities that buy or use the gas have no further obligations related
to the NSPS.
The NSPS do not clearly define landfill gas treatment. In the
absence of a clear definition, a range of activities has been construed
as constituting treatment. This absence of a clear treatment definition
may have hindered implementation of this option, reduced rule
flexibility, and reduced full use of this option.
We propose to amend Sec. 60.751 of the NSPS by adding a
definition for treatment system. The proposed definition for treatment
system specifies that the system must filter, de-water and compress
landfill gas. At a minimum, the system must filter landfill gas using a
dry filter or similar device (e.g., impaction, interception or
diffusion device). The filter should reduce particulate matter in the
gas stream. This will prolong the life of the combustion device and
decrease the buildup of material on combustion device internals, which
will support good combustion. Good combustion is essential to ensuring
the proper destruction of NMOC. In addition, the system must de-water
landfill gas using chillers or other dehydration equipment. The de-
watering equipment should reduce moisture content of the gas, which
will maintain low water content in the gas and will prevent degradation
of combustion efficiencies. Finally, the system must compress landfill
gas using gas blowers or similar devices. Compression should further
reduce the moisture content of the gas and raise gas pressure to the
level required by the end use combustion device. This definition of
treatment was chosen because we believe it cleans up the gas to the
extent it can be readily combusted in gas-to-energy projects. It also
reflects current practices at many facilities and fosters expanded
beneficial combustion of landfill gas.
We recognize that some landfill gas-to-energy projects may use a
different definition of treatment than we are proposing. We request
data from them

[[Page 36478]]

that show achievement of the expected emissions reductions using a
different treatment definition. If these facilities submit data that
show different approaches to treatment, or different levels of
treatment will sufficiently clean up the landfill gas so it is readily
combustible, the data will be considered in development of the final
rule.
Today's proposed amendment to Sec. 60.751 of the NSPS reduces
burden on States and Regions currently performing case-by-case
determinations related to the adequacy of treatment options being
employed across the Nation. It also serves to clarify the treatment
issue for the regulated community so better informed decisions can be
made about compliance options. It fosters the use of treated landfill
gas, a renewable energy source, as an alternative to combustion of
fossil fuels which can generate greater emissions. It will improve
implementation and compliance, as well as increase regulatory
flexibility.
To implement the proposed treatment definition, we also propose to
amend Sec. 60.751 of the NSPS by adding definitions for treated
landfill gas and untreated landfill gas. The proposed definitions for
treated and untreated landfill gas differentiate treated landfill gas,
a gas that is not subject to requirements in the landfills NSPS, from
untreated landfill gas. In addition, we propose to amend Sec.
60.752(b)(2)(iii)(C) of the NSPS to specify that to achieve compliance
with this section, landfill gas must be processed in a system that
meets the treatment system definition in today's proposed amendment. We
also propose to amend this section to clarify that venting of treated
landfill gas to the ambient air is not permitted under this regulation.

C. Boiler and Process Heater Performance Test Exemption

The NSPS currently require landfill owners/operators to conduct an
initial performance test on all enclosed combustion devices used to
control landfill gas emissions. The purpose of that test is to verify
control device compliance with the standard and to determine the
control device operating temperature that corresponds to compliance
with the standard. Following the performance test, landfill owners/
operators must monitor and maintain the control device operating
temperature within a specified range to ensure continuous compliance.
Requiring a performance test on boilers and process heaters with
design heat input capacities of 44 megawatts (MW) or greater represents
an unnecessary burden resulting in additional cost to industry without
additional emissions reductions or other environmental benefits. This
conclusion is based on our determination that large boilers and process
heaters consistently achieve the required level of control. Therefore,
such units have historically been exempt from performance tests. In
addition, the NSPS do not require temperature monitoring to evaluate
continuous compliance for these large boilers and process heaters.
We propose to amend Sec. 60.752(b)(2)(iii)(B) to exempt owners/
operators of boilers and process heaters with design input capacities
of 44 MW or greater from the requirement to conduct an initial
performance test.

D. Allowance for Off-Site Control or Treatment Option

At the time the NSPS were developed, off-site control or treatment
of landfill gas was not considered as an option. Therefore, the NSPS do
not address off-site control or treatment of landfill gas.
Since development and implementation of the NSPS, landfill owners/
operators have sought new and innovative ways to operate landfills
while maintaining compliance with the NSPS. Some of these innovative
approaches involve the control or treatment of landfill gas by entities
operating equipment located off-site. Since these operations are
currently not addressed, the flexibility to engage in innovative
control and use of landfill gas is hindered.
In developing the NSPS, we wanted to allow landfill owners/
operators the flexibility to achieve compliance taking into account
site-specific conditions. The option to transfer landfill gas for off-
site control or treatment by a third party would provide landfill
owners/operators greater flexibility in complying with the rule. The
proposed option would allow transfer of control or treatment
responsibility in specified circumstances without holding the landfill
owners/operators responsible for the actions of another party. This
approach is consistent with our historical approach to similar waste
stream transfers in other rules such as the National Emission Standards
for Organic Hazardous Air Pollutants From the Synthetic Organic
Chemical Manufacturing Industry for Process Vents, Storage Vessels,
Transfer Operations, and Wastewater. It would also facilitate the use
of landfill gas as a renewable energy source while achieving emission
reductions of methane, a global climate change gas, which would benefit
public health, the environment, and the regulated community.
We propose to amend Sec. 60.752 of the NSPS to allow landfill
owners/operators to transfer untreated landfill gas off-site for
control or treatment provided the transferee certifies to EPA (and
provides a copy to the owner/operator) that it will control or treat
the landfill gas in accordance with the NSPS provisions, including
providing for either a backup control device should the primary control
or treatment system malfunction or shutdown, or a mechanism for shutoff
of landfill gas flow to the off-site facility. During times when
landfill gas flow to the off-site facility is shutdown, the owner/
operator of the landfill is responsible for complying with the rule.

III. What Are the Administrative Requirements for This Rule?

A. Executive Order 12866, Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is
"significant," and therefore, subject to review by the
Office of Management and Budget (OMB) and the requirements of the
Executive Order. The Executive Order defines "significant
regulatory action" as one that is likely to result in a rule that
may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that today's proposed amendments are not a
"significant regulatory action" because they will not have
an annual effect on the economy of $100 million or more and they do not
impose any additional control requirements above the 1996 NSPS. The EPA
considered the 1996 NSPS to be "significant" because they
were expected to have an annual effect on the economy in excess of $100
million, and we submitted the 1996 NSPS to OMB for review. Today's
proposed amendments are projected to have no impact above the 1996
NSPS. Consequently, today's proposed

[[Page 36479]]

amendments were not submitted to OMB for review under Executive Order
12866.

B. Executive Order 13132, Federalism

Executive Order 13132, entitled "Federalism" (64 FR
43255, August 10, 1999), requires EPA to develop an accountable process
to ensure "meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications." "Policies that have federalism
implications" is defined in the Executive Order to include
regulations that have "substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government."
Today's proposed amendments do not have federalism implications.
They will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132.
Today's proposed amendments do not impose additional costs or
result in additional control requirements above those considered during
promulgation of the 1996 landfills NSPS. In developing the 1996
landfills NSPS, EPA consulted extensively with State and local
governments to enable them to provide meaningful and timely input in
the development of that rulemaking. Because the control requirements of
today's proposed amendments are the same as those developed in 1996,
these previous consultations still apply. For a discussion of EPA's
consultations with State and local governments, the nature of the
governments' concerns, and EPA's position supporting the need for the
specific control requirements included in the NSPS, see the preamble to
the 1996 NSPS (61 FR 9905, March 12, 1996). Thus, Executive Order 13132
does not apply to today's proposed amendments.
In the spirit of Executive Order 13132 and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on these proposed
amendments from State and local officials.

C. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

Executive Order 13175, entitled "Consultation and
Coordination with Indian Tribal Governments" (59 FR 22951,
November 6, 2000), requires EPA to develop an accountable process to
ensure "meaningful and timely input by tribal officials in the
development of regulatory policies that have tribal
implications." "Policies that have tribal
implications" is defined in the Executive Order to include
regulations that have "substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and the Indian tribes."
Today's proposed amendments do not have tribal implications. They
will not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Today's proposed amendments do not impose additional costs or result in
additional control requirements above those considered during
promulgation of the 1996 NSPS. In addition, today's proposed amendments
do not significantly or uniquely affect the communities of Indian
tribal governments. Thus, the requirements of Executive Order 13175 do
not apply to today's proposed amendments.
In the spirit of Executive Order 13175 and consistent with EPA
policy to promote communications between EPA and tribal governments,
EPA specifically solicits additional comment on today's proposed
amendments from tribal officials.

D. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be "economically
significant" as defined under Executive Order 12866, and (2)
concerns an environmental health or safety risk that EPA has reason to
believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, EPA must evaluate the
environmental health or safety effects of the planned rule on children
and explain why the planned rule is preferable to other potentially
effective and reasonably feasible alternatives considered by EPA.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation.
Today's proposed amendments are not subject to Executive Order
13045 because they are based on technology performance and not on
health and safety risks. No children's risk analysis was performed
because no alternative technologies exist that would provide greater
stringency at a reasonable cost. In addition, today's proposed
amendments are not economically significant as defined in Executive
Order 12866.

E. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

Today's proposed amendments are not subject to Executive Order
13211, "Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use" (66 FR 28355, May 22, 2001)
because it is not a significant regulatory action under Executive Order
12866.

F. Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with "Federal
mandates" that may result in expenditures by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least-costly, most cost-
effective, or least-burdensome alternative that achieves the objectives
of the rule. The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows EPA to
adopt an alternative other than the least-costly, most cost-effective,
or least-burdensome alternative if the Administrator publishes with the
final rule an explanation why that alternative was not adopted. Before
EPA establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in

[[Page 36480]]

the development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that today's proposed amendments do not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. Thus, today's proposed
amendments are not subject to the requirements of sections 202 and 205
of the UMRA. In addition, the EPA has determined that today's proposed
amendments contain no regulatory requirements that might significantly
or uniquely affect small governments because they consist of new
definitions and clarifications and do not impose new costs on
government entities or the private sector. Therefore, today's proposed
amendments are not subject to the requirements of section 203 of the
UMRA.

G. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the Agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's proposed
amendments, small entities are defined as: (1) A small business that is
primarily engaged in the collection and disposal of refuse in a
landfill operation as defined by NAICS codes 562212 and 924110 with
annual receipts less than $10 million; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district, or special district with a population of less than 50,000;
and (3) a small organization that is any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The EPA has
determined that it is not necessary to prepare a regulatory flexibility
analysis in connection with today's proposed amendments. Today's
proposed amendments clarify the applicability of control requirements
in the NSPS and do not include provisions that create a new burden for
regulated entities.
Today's proposed amendments do not increase the stringency of the
NSPS, nor do they add additional control requirements. Today's proposed
amendments reduce the control, monitoring, recordkeeping, and reporting
requirements of the promulgated rule under specific conditions for some
entities.

H. Paperwork Reduction Act

An Information Collection Request (ICR) document was prepared for
the landfills NSPS and was submitted to and approved by OMB. A copy of
this ICR (OMB control number 1557.03) may be obtained from Sandy
Farmer, by mail at U.S. EPA, Office of Environmental Information,
Collection Strategies Division (2822), 1200 Pennsylvania Avenue, NW,
Washington, DC 20460; by calling (202) 260-2740; or by email at:
farmer.sandy@epa.gov. You may also download a copy from the
policy website at http://www.epa.gov/icr.
Today's proposed amendments to the NSPS will have no impact on the
information collection burden estimates made previously. Today's
proposed amendments consist of new definitions and clarifications of
requirements. Consequently, the ICR has not been revised.

I. National Technology Transfer and Advancement Act

Under section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA) (Pub. L. 104-113; 15 U.S.C. 272 note),
all Federal agencies are required to use voluntary consensus standards
(VCS) in their regulatory and procurement activities unless to do so
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA directs EPA to provide Congress, through annual reports to OMB,
with explanations when an agency does not use available and applicable
VCS.
Today's proposed amendments do not involve new technical standards;
thus, the requirements of section 12(d) of the NTTAA do not apply.

List of Subjects in 40 CFR Part 60

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

Dated: May 16, 2002.
Christine Todd Whitman,
Administrator.

For the reasons stated in the preamble, title 40, chapter I, part
60 of the Code of Federal Regulations is proposed to be amended as
follows:

PART 60-[AMENDED]

1. The authority citation for part 60 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart WWW-[AMENDED]

2. Section 60.751 is amended by adding in alphabetical order the
definitions of MSW landfill owner/operator, treated landfill gas,
treatment system and untreated landfill gas, to read as follows:

Sec. 60.751 Definitions.

* * * * *
Municipal solid waste landfill owner/operator means any entity that
owns or operates a municipal solid waste landfill or any stationary
equipment located on the same property as a municipal solid waste
landfill facility that is used to collect, control or treat landfill
gas.
* * * * *
Treated landfill gas means landfill gas processed in a treatment
system according to this subpart.
Treatment system means a system that filters, de-waters and
compresses landfill gas.
Untreated landfill gas means any landfill gas that is not treated
landfill gas.
* * * * *
3. Section 60.752 is amended by revising paragraphs (b)(2)(iii)(B)
and (C), and by adding paragraphs (b)(2)(iii)(D), (D)(1) through (4) to
read as follows:

Sec. 60.752 Standards for air emissions from municipal solid waste
landfills.

* * * * *
(b) * * *
(2) * * *
(iii) * * *
(B) A control system designed and operated to reduce NMOC by 98
weight percent, or, when an enclosed combustion device is used for
control, to either reduce NMOC by 98 weight percent or to reduce the
outlet NMOC concentration to less than 20 parts per million by volume
(ppmv), dry basis as hexane at 3 percent oxygen. The reduction
efficiency or ppmv shall be established by an initial performance test
to be completed no later than 180 days after the initial startup of the
approved control system using the test

[[Page 36481]]

methods specified in Sec. 60.754(d). The performance test is not
required for boilers and process heaters with design heat input
capacities equal to or greater than 44 megawatts that burn landfill gas
for compliance with this subpart.
(1) * * *
(2) * * *
(C) Route the collected gas to a treatment system that processes
the collected gas for subsequent sale or use as a fuel for combustion.
Landfill gas sold or used as a fuel for combustion shall be treated in
a treatment system as defined in Sec. 60.751. All emissions from any
atmospheric vent from the gas treatment system shall be subject to the
requirements of paragraph (b)(2)(iii)(A) or (B) of this section. For
purposes of this rule, atmospheric vents located on the condensate
storage tank are not part of the treatment system and are exempt from
the requirements of paragraph (b)(2)(iii)(A) or (B) of this section.
The owner/operator of the landfill gas treatment system must ensure
compliance with these requirements. The owner/operator of a combustion
device who uses or purchases treated landfill gas for fuel in a
combustion device shall be exempt from further compliance with this
subpart. Since the treatment option is only valid when treated landfill
gas is sold or used as a fuel in a combustion device, the gas must be
used as a fuel, and venting of treated landfill gas to the ambient air
is not allowed under this option.
(D) The landfill owner/operator who routes untreated landfill gas
for sale or use shall be exempt from the requirements of paragraphs
(b)(2)(iii)(A) and (B) of this section if the conditions in paragraphs
(b)(2)(iii)(D)(1) through (4) of this section are met:
(1) The landfill owner/operator transferring or selling untreated
landfill gas to an off-site operation owned or operated by a third
party for treatment or for combustion as a fuel must include a notice
with the transfer or sale of the untreated landfill gas. The notice
must state that the untreated landfill gas is to be treated or
combusted in accordance with the provisions of this subpart. When the
transfer or sale is continuous or ongoing, the notice must be submitted
to the third party operator initially and whenever there is a change in
the required treatment or combustion standards. These notices must be
retained by the landfill owner/operator as specified in Sec.
60.758(g).
(2) The landfill owner/operator may not transfer or sell the
untreated landfill gas unless the transferee has submitted to EPA a
written certification that the transferee will manage and treat or
combust the untreated landfill gas received from the affected facility
subject to the requirements of this subpart in accordance with the
requirements in Sec.Sec. 60.752 through 60.758. The certifying
entity may revoke the written certification by sending a written
statement to EPA and the landfill owner/operator giving at least 90
days notice that the certifying entity is rescinding acceptance of
responsibility for compliance with the regulatory provisions listed in
this paragraph (b)(2)(iii)(D)(2). Upon expiration of the notice period,
the landfill owner/operator may not transfer or sell the untreated
landfill gas to the third party operation.
(3) The third party/certifying entity must provide written
certification to EPA that it accepts responsibility for compliance with
the regulatory provisions listed in paragraph (b)(2)(iii)(D)(2) of this
section with respect to any transfer or sale of untreated landfill gas
covered by the written certification. Failure to abide by any of the
provisions with respect to such transfers or sales may result in
enforcement action by EPA against the certifying entity in accordance
with the enforcement provisions applicable to violations of the
provisions by owners or operators of affected facilities.
(4) Written certification and revocation statements to EPA from the
transferees of untreated landfill gas must be signed by a responsible
official of the certifying entity, provide the name and address of the
certifying entity, and be sent to the appropriate EPA Regional Office.
Such written certifications are not transferable by the third party.
* * * * *
4. Section 60.758 is amended by adding paragraph (g) to read as
follows:

Sec. 60.758 Recordkeeping requirements.

* * * * *
(g) The landfill owner or operator transferring or selling
untreated landfill gas in accordance with Sec.
60.752(b)(2)(iii)(D)(1) shall keep a record of the notice sent to the
third party operator stating that the untreated landfill gas is
required to be managed and treated or combusted in accordance with the
provisions of this subpart. This record shall be maintained for as long
as the third party continues to accept landfill gas as specified in the
third party's certification. Upon termination of the certification by
the third party, this record must be maintained for 5 years.
* * * * *
[FR Doc. 02-12844 Filed 5-22-02; 8:45 am]
BILLING CODE 6560-50-P

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Standards of Performance for Municipal Solid Waste Landfills

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