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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
h The monitoring requirements of paragraphs b, c, d, and g of this section apply at all times the designated facility is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You are required to complete monitoring system repairs in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable.
i Incorporation by reference required material.
1 The material required by this section was approved for incorporation by reference into this section by the Director of the Federal Register under 5
U.S.C. 552a and 1 CFR part 51. You may inspect approved material at the EPA Docket Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC, 202 566
1744, Docket ID No. EPAHQOAR
20190338 and obtain it from the sources listed below. It is also available for inspection at the National Archives and Records Administration NARA. For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to www.archives.gov/federal-register/cfr/
ibr-locations.html.
2 ASTM International, 100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428
2959, 800 2621373, www.astm.org.
i ASTM D652211 Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, approved December 1, 2011.
ii Reserved
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62.16724

Reporting guidelines.

Follow the reporting provisions listed in this section, as applicable, except as provided under 40 CFR 60.24 and 62.16711g, h, and 62.16724d2.
a Design capacity report. Submit the initial design capacity report no later than September 20, 2021. The initial design capacity report must contain the following information:
1 A map or plot of the landfill, providing the size and location of the landfill, and identifying all areas where
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solid waste may be landfilled according to the permit issued by the state, local, or tribal agency responsible for regulating the landfill.
2 The maximum design capacity of the landfill. Where the maximum design capacity is specified in the permit issued by the state, local, or tribal agency responsible for regulating the landfill, a copy of the permit specifying the maximum design capacity may be submitted as part of the report. If the maximum design capacity of the landfill is not specified in the permit, the maximum design capacity must be calculated using good engineering practices. The calculations must be provided, along with the relevant parameters as part of the report. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values.
If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate its design capacity is less than 2.5 million megagrams or 2.5
million cubic meters, the calculation must include a site-specific density, which must be recalculated annually.
Any density conversions must be documented and submitted with the design capacity report. The state, local, or tribal agency or the Administrator may request other reasonable information as may be necessary to verify the maximum design capacity of the landfill.
b Amended design capacity report.
An amended design capacity report must be submitted providing notification of an increase in the design capacity of the landfill, within 90 days of an increase in the maximum design capacity of the landfill to meet or exceed 2.5 million megagrams and 2.5
million cubic meters. This increase in design capacity may result from an increase in the permitted volume of the landfill or an increase in the density as documented in the annual recalculation required in 62.16726f.
c NMOC emission rate report. For existing MSW landfills covered by this subpart with a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, the NMOC
emission rate report must be submitted following the procedure specified in paragraph j2 of this section no later than 90 days after the effective date of this subpart. The NMOC emission rate report must be submitted to the Administrator annually following the procedure specified in paragraph j2
of this section, except as provided for in paragraph c3 of this section. The Administrator may request such additional information as may be
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necessary to verify the reported NMOC
emission rate.
1 The NMOC emission rate report must contain an annual or 5-year estimate of the NMOC emission rate calculated using the formula and procedures provided in 62.16718a or b, as applicable.
2 The NMOC emission rate report must include all the data, calculations, sample reports and measurements used to estimate the annual or 5-year emissions.
3 If the estimated NMOC emission rate as reported in the annual report to the Administrator is less than 34
megagrams per year in each of the next 5 consecutive years, the owner or operator may elect to submit, following the procedure specified in paragraph j2 of this section, an estimate of the NMOC emission rate for the next 5-year period in lieu of the annual report. This estimate must include the current amount of solid waste-in-place and the estimated waste acceptance rate for each year of the 5 years for which an NMOC
emission rate is estimated. All data and calculations upon which this estimate is based must be provided to the Administrator. This estimate must be revised at least once every 5 years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the 5-year estimate, a revised 5-year estimate must be submitted to the Administrator. The revised estimate must cover the 5-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.
4 Each owner or operator subject to the requirements of this subpart is exempted from the requirements to submit an NMOC emission rate report, after installing a collection and control system that complies with 62.16714b and c, during such time as the collection and control system is in operation and in compliance with 62.16716 and 62.16720.
d Collection and control system design plan. The collection and control system design plan must be prepared and approved by a professional engineer and must meet the following requirements:
1 The collection and control system as described in the design plan must meet the design requirements in 62.16714b and c.
2 The collection and control system design plan must include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping, or reporting provisions
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