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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations Legacy controlled landfill means any MSW landfill subject to this subpart that submitted a collection and control system design plan prior to May 21, 2021 in compliance with 60.752b2i of this chapter, the Federal plan at subpart GGG of this part, or a state/tribal plan implementing 40
CFR part 60, subpart Cc of this chapter, depending on which regulation was applicable to the landfill. This definition applies to those landfills that completed construction and began operations of the GCCS and those that are within the 30-month timeline for installation and start-up of a GCCS
according to 60.752b2ii of this chapter, the Federal plan at subpart GGG of this part, or a state/tribal plan implementing 40 CFR part 60, subpart Cc.
Modification means an increase in the permitted volume design capacity of the landfill by either lateral or vertical expansion based on its permitted design capacity as of July 17, 2014.
Modification does not occur until the owner or operator commences construction on the lateral or vertical expansion.
Municipal solid waste landfill or MSW landfill means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of RCRA, Subtitle D wastes 257.2 of this title such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be
publicly or privately owned. An MSW
landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.
Municipal solid waste landfill emissions or MSW landfill emissions means gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the waste.
NMOC means nonmethane organic compounds, as measured according to the provisions of 62.16718.
Negative declaration letter means a letter to EPA declaring that there are no existing MSW landfills in the state or that there are no existing MSW landfills in the state that must install collection and control systems according to the requirements of 40 CFR part 60, subpart Cf.
Nondegradable waste means any waste that does not decompose through chemical breakdown or microbiological activity. Examples are, but are not limited to, concrete, municipal waste combustor ash, and metals.
Passive collection system means a gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment.
Protectorate means American Samoa, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Northern Mariana Islands, and the Virgin Islands.
Root cause analysis means an assessment conducted through a process of investigation to determine the primary cause, and any other contributing causes, of positive pressure at a wellhead.

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Sludge means the term sludge as defined in 40 CFR 258.2.
Solid waste means the term solid waste as defined in 40 CFR 258.2.
State means any of the 50 United States and the protectorates of the United States.
State plan means a plan submitted pursuant to section 111d of the Clean Air Act and subpart B of part 60 of this chapter that implements and enforces subpart Cf of 40 CFR part 60 of this chapter.
Sufficient density means any number, spacing, and combination of collection system components, including vertical wells, horizontal collectors, and surface collectors necessary to maintain emission and migration control as determined by measures of performance set forth in this part.
Sufficient extraction rate means a rate sufficient to maintain a negative pressure at all wellheads in the collection system without causing air infiltration, including any wellheads connected to the system as a result of expansion or excess surface emissions, for the life of the blower.
Treated landfill gas means landfill gas processed in a treatment system as defined in this subpart.
Treatment system means a system that filters, de-waters, and compresses landfill gas for sale or beneficial use.
Tribal plan means a plan submitted by a Tribal Authority pursuant to 40
CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 CFR part 60, subpart Cf.
Untreated landfill gas means any landfill gas that is not treated landfill gas.

TABLE 1 TO SUBPART OOO OF PART 62GENERIC COMPLIANCE SCHEDULE AND INCREMENTS OF PROGRESS
Increment
Date if using tiers 1, 2, or 3

Date if using tier 4

Date if a legacy controlled landfill
Increment 1Submit cover page of final control plan.

1 year after initial NMOC emission rate report or the first annual emission rate report showing NMOC emissions 34 megagrams per year.1.

1 year after the first measured concentration of methane of 500 parts per million or greater from the surface of the landfill.

Increment 2Award Contracts.

20 months after initial NMOC emission rate report or the first annual emission rate report showing NMOC
emissions 34 megagrams per year.1.
24 months after initial NMOC emission rate report or the first annual emission rate report showing NMOC
emissions 34 megagrams per year.1.
30 months after initial NMOC emission rate report or the first annual emission rate report showing NMOC
emissions 34 megagrams per year.1.

20 months after the most recent NMOC emission rate report showing NMOC emissions 34 megagrams per year.

1 year after the first NMOC emission rate report or the first annual emission rate report showing NMOC
emissions 50 megagrams per year submitted under a previous regulation.2
20 months after the most recent NMOC emission rate report showing NMOC emissions 50 megagrams per year submitted under a previous regulation.2
24 months after the most recent NMOC emission rate report showing NMOC emissions 50 megagrams per year submitted under a previous regulation.2
30 months after the first NMOC emission rate report or the first annual emission rate report showing NMOC
emissions 50 megagrams submitted under a previous regulation.

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Increment 3Begin on-site construction.

Increment 4Complete on-site construction.

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24 months after the most recent NMOC emission rate report showing NMOC emissions 34 megagrams per year.
30 months after the most recent NMOC emission rate report showing NMOC emissions 34 megagrams per year.

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