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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
62.16720a4, 62.16722a2 and 3, 62.16724k, and 62.16726e2 and 5.

4. Part 62 is amended by adding subpart OOO, consisting of 62.16710
through 62.16730, to read as follows:
Subpart OOOFederal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014
Sec 62.16710 Scope and delegated authorities.
62.16711 Designated facilities.
62.16712 Compliance schedule and increments of progress.
62.16714 Standards for municipal solid waste landfill emissions.
62.16716 Operational standards for collection and control systems.
62.16718 Test methods and procedures.
62.16720 Compliance provisions.
62.16722 Monitoring of operations.
62.16724 Reporting guidelines.
62.16726 Recordkeeping guidelines.
62.16728 Specifications for active collection systems.
62.16730 Definitions.
62.16710 Scope and delegated authorities.

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This subpart establishes emission control requirements and compliance schedules for the control of designated pollutants from certain designated municipal solid waste MSW landfills in accordance with section 111d of the Clean Air Act and subpart B of 40 CFR
part 60.
a If you own or operate a designated facility as described in 62.16711, then you must comply with this subpart.
b The following authorities will not be delegated to state, local, or tribal agencies:
1 Approval of alternative methods to determine the site-specific nonmethane organic compounds NMOC
concentration or a site-specific methane generation rate constant k.
2 Alternative emission standards.
3 Major alternatives to test methods.
Major alternatives to test methods or to monitoring are modifications made to a federally enforceable test method or to a Federal monitoring requirement.
These changes may involve the use of unproven technology or modified procedures or an entirely new method.
4 Waivers of recordkeeping.
62.16711

Designated facilities.

a The designated facility to which this subpart applies is each municipal solid waste landfill in each state, protectorate, and portion of Indian country that meets the conditions of
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paragraphs a1 and 2 of this section, except for landfills exempted by paragraphs b and c of this section.
1 The municipal solid waste landfill commenced construction, reconstruction, or modification on or before July 17, 2014.
2 The municipal solid waste landfill has accepted waste at any time since November 8, 1987, or the landfill has additional capacity for future waste deposition.
b A municipal solid waste landfill regulated by an EPA-approved and currently effective state or tribal plan implementing 40 CFR 60, subpart Cf, is not subject to the requirements of this subpart.
c A municipal solid waste landfill located in a state, locality, or portion of Indian country that submitted a negative declaration letter is not subject to the requirements of this subpart other than the requirements in the definition of design capacity in 62.16730 to recalculate the site-specific density annually and in 62.16724b to submit an amended design capacity report in the event that the recalculated design capacity is equal to or greater than 2.5
million megagrams and 2.5 million cubic meters. However, if the existing municipal solid waste landfill already has a design capacity equal to or greater than 2.5 million megagrams and 2.5
million cubic meters, then it is subject to the requirements of this Federal plan.
d Physical or operational changes made to an existing MSW landfill solely to comply with an emission guideline implemented by a state or Federal plan are not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of 40 CFR 60, subpart XXX. Landfills that commence construction, modification, or reconstruction after July 17, 2014, are subject to 40 CFR part 60, subpart XXX.
e For purposes of obtaining an operating permit under title V of the Clean Air Act, the owner or operator of an MSW landfill subject to this subpart with a design capacity less than 2.5
million megagrams or 2.5 million cubic meters is not subject to the requirement to obtain an operating permit for the landfill under 40 CFR part 70 or 71, unless the landfill is otherwise subject to either 40 CFR part 70 or 71. For purposes of submitting a timely application for an operating permit under 40 CFR part 70 or 71, the owner or operator of an MSW landfill subject to this subpart with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters, and not otherwise subject to either 40 CFR part 70 or 71, becomes
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subject to the requirements of 70.5a1i or 71.5a1i of this chapter 90 days after the effective date of such CAA section 111d program approval, even if the design capacity report is submitted earlier.
f When an MSW landfill subject to this subpart is closed as defined in this subpart, the owner or operator is no longer subject to the requirement to maintain an operating permit under 40
CFR part 70 or 71 for the landfill if the landfill is not otherwise subject to the requirements of either 40 CFR part 70 or 71 and if either of the following conditions are met:
1 The landfill was never subject to the requirement to install and operate a gas collection and control system under 62.16714; or 2 The landfill meets the conditions for control system removal specified in 62.16714f.
g When an MSW landfill subject to this subpart is in the closed landfill subcategory, the owner or operator is not subject to the following reports of this subpart, provided the owner or operator submitted these reports under the provisions of 40 CFR part 60, subpart WWW; subpart GGG of this part; or a state plan implementing 40
CFR part 60, subpart Cc, on or before July 17, 2014:
1 Initial design capacity report specified in 62.16724a.
2 Initial or subsequent NMOC
emission rate report specified in 62.16724c, provided that the most recent NMOC emission rate report indicated the NMOC emissions were below 50 megagrams per year.
3 Collection and control system design plan specified in 62.16724d.
4 Closure report specified in 62.16724f.
5 Equipment removal report specified in 62.16724g.
6 Initial annual report specified in 62.16724h.
7 Initial performance test report in 62.16724i.
h When an MSW landfill subject to this subpart is a legacy controlled landfill, as defined in 62.16730, the owner or operator is not subject to the following reports of this subpart, provided the owner or operator submitted these reports under 40 CFR
part 60, subpart WWW; subpart GGG of this part; or a state plan implementing 40 CFR part 60, subpart Cc on or before June 21, 2021.
1 Initial design capacity report specified in 62.16724a.
2 Initial or subsequent NMOC
emission rate report specified in 62.16724c.

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