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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations of 62.16716 through 62.16726
proposed by the owner or operator.
3 The collection and control system design plan must either conform to specifications for active collection systems in 62.16728 or include a demonstration to the Administrators satisfaction of the sufficiency of the alternative provisions to 62.16728.
4 Each owner or operator of an MSW
landfill having a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters must submit a copy of the collection and control system design plan cover page that contains the engineers seal to the Administrator within 1 year of the first NMOC emission rate report in which the NMOC emission rate equals or exceeds 34 megagrams per year, except as follows:
i If the owner or operator elects to recalculate the NMOC emission rate after Tier 2 NMOC sampling and analysis as provided in 62.16718a3
and the resulting rate is less than 34
megagrams per year, annual periodic reporting must be resumed, using the Tier 2 determined site-specific NMOC
concentration, until the calculated NMOC emission rate is equal to or greater than 34 megagrams per year or the landfill is closed. The revised NMOC emission rate report, with the recalculated NMOC emission rate based on NMOC sampling and analysis, must be submitted, following the procedures in paragraph j2 of this section, within 180 days of the first calculated exceedance of 34 megagrams per year.
ii If the owner or operator elects to recalculate the NMOC emission rate after determining a site-specific methane generation rate constant k, as provided in Tier 3 in 62.16718a4, and the resulting NMOC emission rate is less than 34 megagrams per year, annual periodic reporting must be resumed. The resulting site-specific methane generation rate constant k must be used in the NMOC emission rate calculation until such time as the emissions rate calculation results in an exceedance. The revised NMOC
emission rate report based on the provisions of 62.16718a4 and the resulting site-specific methane generation rate constant k must be submitted, following the procedure specified in paragraph j2 of this section, to the Administrator within 1
year of the first calculated NMOC
emission rate equaling or exceeding 34
megagrams per year.
iii If the owner or operator elects to demonstrate that site-specific surface methane emissions are below 500 partsper-million methane, based on the provisions of 62.16718a6, then the
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owner or operator must submit annually a Tier 4 surface emissions report as specified in this paragraph following the procedure specified in paragraph j2
of this section until a surface emissions reading of 500 parts-per-million methane or greater is found. If the Tier 4 surface emissions report shows no surface emissions readings of 500 partsper-million methane or greater for four consecutive quarters at a closed landfill, then the landfill owner or operator may reduce Tier 4 monitoring from a quarterly to an annual frequency. The Administrator may request such additional information as may be necessary to verify the reported instantaneous surface emission readings. The Tier 4 surface emissions report must clearly identify the location, date and time to the nearest second, average wind speeds including wind gusts, and reading in parts-per-million of any value 500 parts-per-million methane or greater, other than nonrepeatable, momentary readings. For location, you must determine the latitude and longitude coordinates using an instrument with an accuracy of at least 4 meters. The coordinates must be in decimal degrees with at least five decimal places. The Tier 4 surface emission report should also include the results of the most recent Tier 1 and Tier 2 results in order to verify that the landfill does not exceed 50 megagrams per year of NMOC.
A The initial Tier 4 surface emissions report must be submitted annually, starting within 30 days of completing the fourth quarter of Tier 4
SEM that demonstrates that site-specific surface methane emissions are below 500 parts-per-million methane, and following the procedure specified in paragraph j2 of this section B The Tier 4 surface emissions rate report must be submitted within 1 year of the first measured surface exceedance of 500 parts-per-million methane, following the procedure specified in paragraph j2 of this section.
iv If the landfill is in the closed landfill subcategory, the owner or operator is exempt from submitting a collection and control system design plan to the Administrator provided that conditions in 62.16711g3 are met. If not, the owner or operator shall follow the submission procedures and timing in 62.16724dii and iii using a level of 50 Mg/yr instead of 34 Mg/yr.
5 The landfill owner or operator must notify the Administrator that the design plan is completed and submit a copy of the plans signature page. The Administrator has 90 days to decide whether the design plan should be submitted for review. If the
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Administrator chooses to review the plan, the approval process continues as described in paragraph c6 of this section. However, if the Administrator indicates that submission is not required or does not respond within 90
days, the landfill owner or operator can continue to implement the plan with the recognition that the owner or operator is proceeding at their own risk. In the event that the design plan is required to be modified to obtain approval, the owner or operator must take any steps necessary to conform any prior actions to the approved design plan and any failure to do so could result in an enforcement action.
6 Upon receipt of an initial or revised design plan, the Administrator must review the information submitted under paragraphs d1 through 3 of this section and either approve it, disapprove it, or request that additional information be submitted. Because of the many site-specific factors involved with landfill gas system design, alternative systems may be necessary. A
wide variety of system designs are possible, such as vertical wells, combination horizontal and vertical collection systems, or horizontal trenches only, leachate collection components, and passive systems. If the Administrator does not approve or disapprove the design plan, or does not request that additional information be submitted within 90 days of receipt, then the owner or operator may continue with implementation of the design plan, recognizing they would be proceeding at their own risk.
7 If the owner or operator chooses to demonstrate compliance with the emission control requirements of this subpart using a treatment system as defined in this subpart, then the owner or operator must prepare a site-specific treatment system monitoring plan as specified in 62.16726b5. Legacy controlled landfills must prepare the monitoring plan no later than May 23, 2022.
e Revised design plan. The owner or operator who has already been required to submit a design plan under paragraph d of this section, or under subpart GGG
of this part; 40 CFR part 60, subpart WWW; or a state plan implementing subpart Cc of 40 CFR part 60, must submit a revised design plan to the Administrator for approval as follows:
1 At least 90 days before expanding operations to an area not covered by the previously approved design plan.
2 Prior to installing or expanding the gas collection system in a way that is not consistent with the design plan that was submitted to the Administrator
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