Federal Register - May 21, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations 3 Collection and control system design plan specified in 62.16724d.
5 Initial annual report specified in 62.16724h.
4 Initial performance test report in 62.16724i.
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62.16712 Compliance schedule and increments of progress.
Planning, awarding of contracts, installing, and starting up MSW landfill air emission collection and control equipment that is capable of meeting the emission standards of 62.16714 must be completed within 30 months after the date an NMOC emission rate report shows NMOC emissions equal or exceed 34 megagrams per year; or within 30
months after the date of the most recent NMOC emission rate report that shows NMOC emissions equal or exceed 34
megagrams per year, if Tier 4 surface emissions monitoring SEM shows a surface emission concentration of 500
parts per million methane or greater.
Legacy controlled landfills who have not yet reached increment 5 full compliance must demonstrate compliance with any remaining increments of progress on this schedule.
However, they must use the date of their first report submitted under 40 CFR part 60, subpart WWW, 40 CFR part 62, subpart GGG or a state plan implementing 40 CFR part 60, subpart Cc showing NMOC emissions at or above 50 megagrams. The owner or operator must follow the requirements in paragraphs a through d of this section.
a Increments of progress. The owner or operator of a designated facility that has a design capacity equal to or greater than 2.5 million megagrams and 2.5
million cubic meters and a NMOC
emission rate greater than or equal to 34
megagrams per year must achieve the increments of progress specified in paragraphs a1 through 5 of this section to install air pollution control devices to meet the emission standards specified in 62.16714b and c of this subpart. Refer to 62.16730 for a definition of each increment of progress.
1 Submit control plan. Submit a final control plan collection and control system design plan according to the requirements of 62.16724d.
2 Award contracts. Award contracts to initiate on-site construction or initiate on-site installation of emission collection and/
or control equipment.
3 Initiate on-site construction.
Initiate on-site construction or initiate on-site installation of emission collection and/or control equipment as described in the EPA-approved final control plan.
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4 Complete on-site construction.
Complete on-site construction and installation of emission collection and/
or control equipment.
5 Achieve final compliance.
Complete construction in accordance with the design specified in the EPAapproved final control plan and connect the landfill gas collection system and air pollution control equipment such that they are fully operating. The initial performance test must be conducted within 180 days after the date the facility is required to achieve final compliance. For a legacy controlled landfill, the initial or most recent performance test conducted to comply with 40 CFR part 60, subpart WWW, subpart GGG of this part, or a state plan implementing 40 CFR part 60, subpart Cc is sufficient for compliance with this part. The test report does not have to be resubmitted.
b Compliance date. For each designated facility that has a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters and a NMOC emission rate greater than or equal to 34 megagrams per year 50 megagrams per year for closed landfill subcategory, planning, awarding of contracts, and installation of municipal solid waste landfill air emission collection and control equipment capable of meeting the standards in 62.16714b and c must be accomplished within 30 months after the date the initial emission rate report or the annual emission rate report first shows that the NMOC emission rate equals or exceeds 34 megagrams per year 50 megagrams per year for closed landfill subcategory, except as provided in 62.16712c3.
c Compliance schedules. The owner or operator of a designated facility that has a design capacity equal to or greater than 2.5 million megagrams and 2.5
million cubic meters and a NMOC
emission rate greater than or equal to 34
megagrams per year 50 megagrams per year for closed landfill subcategory must achieve the increments of progress specified in paragraphs a1 through 5 of this section according to the schedule specified in paragraph c1, 2, or 3 of this section.
1 Achieving Increments of Progress.
The owner or operator of a designated facility must achieve the increments of progress according to the schedule in table 1 of this subpart. Once this subpart becomes effective, any designated facility to which this subpart applies will remain subject to the schedule in table 1 if a subsequently approved state or tribal plan contains a less stringent schedule, i.e., a schedule that provides
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more time to comply with increments 1, 4 and/or 5 than does this Federal plan.
2 Tier 4. The owner or operator of a designated facility that is using the Tier 4 procedures specified in 62.16718a6 must achieve the increments of progress according to the schedule in table 1 of this subpart.
d Alternative dates. For designated facilities that are subject to the schedule requirements of paragraph c1 of this section, the owner or operator or the state or tribal air pollution control authority may submit to the appropriate EPA Regional Office for approval alternative dates for achieving increments 2 and 3.
62.16714 Standards for municipal solid waste landfill emissions.
a Landfills. Each owner or operator of an MSW landfill having a design capacity greater than or equal to 2.5
million megagrams by mass and 2.5
million cubic meters by volume must collect and control MSW landfill emissions at each MSW landfill that meets the following conditions:
1 Waste acceptance date. The landfill has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition.
2 Construction commencement date.
The landfill commenced construction, reconstruction, or modification on or before July 17, 2014.
3 NMOC emission rate. The landfill has an NMOC emission rate greater than or equal to 34 megagrams per year or Tier 4 SEM shows a surface emission concentration of 500 parts per million methane or greater.
4 Closed subcategory. The landfill in the closed landfill subcategory and has an NMOC emission rate greater than or equal to 50 megagrams per year.
b Collection system. Install a gas collection and control system meeting the requirements in paragraphs b1
through 3 and c of this section at each MSW landfill meeting the conditions in paragraph a of this section.
1 Collection system. Install and start up a collection and control system that captures the gas generated within the landfill within 30 months after:
i The first annual report in which the NMOC emission rate equals or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 34 megagrams per year, as specified in 62.16724d4, or ii The first annual report in which the NMOC emission rate equals or exceeds 50 megagrams per year submitted under previously applicable
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