Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills

SUMMARY: The EPA is amending the CFR to correct errors made in the

direct final rule, ``Standards of Performance for New Stationary

Sources and Guidelines for Control of Existing Sources: Municipal Solid

Waste Landfills,'' published in the Federal Register on June 16, 1998.

The direct final rule amended, corrected errors, and clarified

regulatory text of the final rule, which was published on March 12,

1996 (63 FR 32743). Today's action further clarifies the regulatory

text and corrects errors. Industry sectors likely to be affected

include Air and Water Resource and Solid Waste Management, and Refuse

Systems--Solid Waste Landfills (North American Industrial

Classification System codes 92411 and 562212).

DATES: These amendments are effective February 24, 1999.

ADDRESSEES: Air Docket. Docket A-88-09 contains the supporting

information for the original New Source Performance Standards (NSPS)

and Emission Guidelines (EG), the direct final rule, and this action

and is available for public inspection and copying between 8 a.m and

5:30 p.m., Monday through Friday except for Federal holidays, at the

following address: U.S. Environmental Protection Agency, Air and

Radiation Docket and Information Center (MC-6102), 401 M Street SW,

Washington, DC 20460, or by calling (202) 260-7548. The docket is

located at the above address in Room M-1500, Waterside Mall (ground

floor). A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Laur, Waste and Chemical

Processes Group, Emission Standards Division (MD-13), U.S.

Environmental Protection Agency, Research Triangle Park, North Carolina

27711, telephone (919) 541-5256. For implementation issues, contact

Mary Ann Warner, Program Review Group, Information Transfer and Program

Integration Group (MD-12), U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina 27711, telephone (919) 541-1192.

For information on the Landfill model, contact Susan Thorneloe through

the Internet at [email protected]. For information concerning

applicability and rule determinations, contact the appropriate regional

representative:

Region I:

Greg Roscoe, Air Programs Compliance Branch Chief, U.S. EPA/ASO,

Region I, JFK Federal Building, Boston, MA 02203, (617) 565-3221

Region II:

Christine DeRosa, U.S. EPA, Region II, 290 Broadway, 25th Floor,

New York, NY 10007-1866, (212) 637-4022

Region III:

James Topsale, U.S. EPA/3AP22, Region III, 1650 Arch Street,

Philadelphia, PA 19103-2029, (215) 814-2190

Region IV:

R. Douglas Neeley, Chief, Air and Radiation Technology Branch, U.S.

EPA, Region IV, 61 Forsyth St., SW, Atlanta, GA 30303, (404) 562-9105

Region V:

George T. Czerniak, Jr., Air Enforcement Branch Chief, U.S. EPA/

5AE-26, Region V, 77 West Jackson Street, Chicago, IL 60604, (312) 353-

2088

Region VI:

John R. Hepola, Air Enforcement Branch Chief, U.S. EPA, Region VI,

1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733, (214) 655-7220

Region VII:

Ward Burns, U.S. EPA/RME, Region VII, 726 Minnesota Avenue/

ARTDAPCO, Kansas City, KS 66101-2728, (913) 551-7960

Region VIII:

Vicki Stamper, U.S. EPA, Region VIII, 999 18th Street, Suite 500,

Denver, CO 80202-2466, (303) 312-6445

Region IX:

Patricia Bowlin, U.S. EPA/RM HAN/17211, Region IX, 75 Hawthorne

Street/AIR-4, San Francisco, CA, (415) 744-1188

Region X:

Catherine Woo, U.S. EPA, Region X, Office of Air Quality Planning,

and Standards-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-1814

Technology Transfer Network Web

The EPA Technology Transfer Network Web (TTN Web) is a collection

of technical websites containing information about many areas of air

pollution science, technology, and regulation. The TTN Web provides

information and technology exchange for the public and EPA staff in

various areas of air pollution control. New air regulations are posted

on the TTN Web through the world wide web at ``http://www.epa.gov/

ttn.'' For more information on the TTN Web, call the HELP line at (919)

541-5384.

SUPPLEMENTARY INFORMATION:

Regulated Entities

The entities potentially affected by this action include:

------------------------------------------------------------------------

Category Examples of regulated entities

------------------------------------------------------------------------

Industry and Local Government Agencies, Existing municipal solid waste

NAICS codes 92411 (Air and Water landfills where solid waste

Resource and Solid Waste Management) from households is placed in

and 562212 (Refuse Systems--Solid or on land. Waste from

Waste Landfills). commercial or industrial

operations may be mixed with

the household waste.

------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be interested in the

amendments and corrections to the regulation affected by this action.

While the landfills NSPS and emission guidelines (40 CFR part 60,

subparts Cc and WWW) will primarily impact facilities in North American

Industrial Classification System (NAICS) codes 92411 and 562212, or in

the old Standard Industrial Classification (SIC) code 4953, not all

facilities in these codes will be affected. To determine if your

landfill is affected by the landfill NSPS or emission guidelines, see

40 CFR part 60, subparts Cc and WWW, or the technical amendments

published on June 16, 1998 (63 FR 32743).

Background

On March 12, 1996 (61 FR 9919), the EPA promulgated in the Federal

Register standards of performance for new sources (NSPS) for municipal

solid waste landfills and emission guidelines for existing municipal

solid waste landfills. These regulations and guidelines were

promulgated as

[[Page 9259]]

subparts WWW and Cc of 40 CFR part 60.

This notice clarifies a definition and the reporting requirements

of the emission guidelines and corrects typographical errors which

appeared in the direct final notice published on June 16, 1998 (63 FR

32743).

I. Description of Changes

A. Definitions

The NSPS applies to landfills that commence construction,

modification, or reconstruction on or after May 30, 1991 (the proposal

date for this NSPS and EG). A definition of modification was added in

the direct final rule: modification means an increase in permitted

volume design capacity of the landfill by either horizontal or vertical

expansion based on its permitted design capacity as of May 30, 1991.

The definition is specific to landfills but is not consistent with the

intent of 40 CFR 60.14 of the part 60 general provisions. (See 63 FR

32743.) In this notice, EPA is amending the definition of modification

by adding a sentence to clarify that modification does not occur until

the owner or operator commences construction on the horizontal or

vertical expansion. This is consistent with the part 60 general

provisions and the definition of new source in section 111(a)(2) of the

Clean Air Act (Act), as well as Sec. 60.750(a) of subpart WWW (the

NSPS).

B. Reporting

The EPA is clarifying when the design capacity and NMOC emission

rate reports must be submitted for existing facilities. Section 60.35c

of the promulgated emission guidelines requires the same reporting and

recordkeeping as Secs. 60.757 and 60.758 of the NSPS. Sections

60.33c(a)(2) of the emission guidelines also refers to design capacity

reports. However, these sections do not address when the reports are

due for existing sources. Section 60.758 specifies that for new

sources, a design capacity report and initial NMOC emission rate report

(if required) are due 90 days after promulgation of the NSPS or 90 days

after a source commences construction, modification, or reconstruction.

To be consistent with these dates and with the date that existing

sources become subject to Title V permitting requirements, as specified

in Sec. 60.32c(c), and the dates provided in the EPA guidance document

for State plans (EPA-456R/96-005), EPA is clarifying that for existing

sources, the initial design capacity report is due 90 days after the

effective date of EPA's approval of a State plan. For sources with

design capacities greater than or equal to 2.5 million Mg and 2.5

million cubic meters, the initial NMOC emission rate report is due at

the same time. To accomplish these clarifications, paragraphs (d) and

(e) have been added to Sec. 60.33c to describe the design capacity and

emission rate reporting requirements applicable to existing sources,

and paragraphs (a) and (b) have been added to Sec. 60.35c to specify

the dates these reports are due.

II. Typographical Errors

Tables 3 and 5 in the direct final preamble (63 FR 32748-32749)

contained typographical errors. The units for the small size cutoff

(column 1) are stated to be in milligrams (mg); however, the values

presented are actually in megagrams (Mg). In table 5, the final two

columns show the ``MNOC average cost eff.'' and the ``MNOC incremental

cost eff.'' These two columns should read ``NMOC'' for nonmethane

organic compounds, rather than ``MNOC''. These tables are corrected and

provided below for clarification.

A typographical error in the final rule amendment text (63 FR

32753) is also being corrected. In the amendments to

Sec. 60.759(a)(3)(iii), the term ``CNMOC'' is corrected to

read ``CNMOC,'' meaning the concentration of nonmethane

organic compounds.

Table 3.--Alternative Design Capacity Exemption Level Options for the Emission Guidelines a,b

----------------------------------------------------------------------------------------------------------------

Annual

Number Annual NMOC methane Annual cost NMOC NMOC

Small size cutoff (Mg) landfills emission emission (million $/ average Incremental

affected reduction c reduction d yr) cost eff. cost eff.

(Mg/yr) (Mg/yr) ($/Mg) ($/Mg)

----------------------------------------------------------------------------------------------------------------

Baselinee......................... ........... ........... ........... ........... ........... ...........

3,000,000......................... 273 73,356 3,220,000 84 1,145 1,145

2,500,000......................... 312 77,600 3,370,000 89 1,147 1,178

1,000,000......................... 572 97,600 3,990,000 119 1,219 1,500

No cutofff........................ 7,299 142,000 8,270,000 719 5,063 13,514

----------------------------------------------------------------------------------------------------------------

a Emission rate cutoff level of 50 Mg NMOC/yr.

b All values are fifth year annualized.

c NMOC emission reductions are from a baseline of 145,000 Mg NMOC/yr.

d Methane emission reductions are from a baseline of 8,400,000 Mg methane/yr.

e In the absence of an emission guideline.

f No emission rate cutoff and no design capacity exemption level.

Table 5.--Alternative Design Capacity Exemption Level Options for the New Source Performance Standards a, b

----------------------------------------------------------------------------------------------------------------

Annual

Number Annual NMOC methane Annual cost NMOC NMOC

Small size cutoff (Mg) landfills emission emission e (million average Incremental

affected reduction c reduction d $/yr) cost eff. cost eff. f

(Mg/yr) (Mg/yr) ($/Mg) ($/Mg)

----------------------------------------------------------------------------------------------------------------

Baseline g........................ ........... ........... ........... ........... ........... ...........

3,000,000......................... 41 4,900 193,000 4 816 NA

2,500,000......................... 43 4,900 193,000 4 816 NA

1,000,000......................... 89 4,900 193,000 4 816 NA

No cutoff h....................... 872 13,115 881,000 81 6,176 NA

----------------------------------------------------------------------------------------------------------------

a Emission rate cutoff level of 50 Mg NMOC/yr.

[[Page 9260]]

b All values are fifth year annualized.

c NMOC emission reductions are from a baseline of 13,400 Mg NMOC/yr.

d Methane emission reductions are from a baseline of 899,000 Mg methane/yr.

e Due to rounding off to the nearest million dollar, cost values do not appear to change for each option.

However, actual costs are slightly less for a less stringent option.

f Because the annual cost does not change enough to show a different cost from one option to the next,

incremental cost effectiveness values are not applicable.

g In the absence of a standard.

III. Administrative

A. Paperwork Reduction Act

The information collection requirements of the previously

promulgated NSPS were submitted to and approved by the Office of

Management and Budget (OMB). A copy of this Information Collection

Request (ICR) document (OMB control number 1557.03) may be obtained

from Sandy Farmer, OP Regulatory Information Division; U.S.

Environmental Protection Agency (2137); 401 M Street, SW; Washington,

DC 20460 or by calling (202) 260-2740.

Today's clarifications to the NSPS should have no impact on the

information collection burden estimates made previously. This document

clarifies the reporting requirements without adding new requirements.

Consequently, the ICR has not been revised.

B. Executive Order 12866: A Significant Regulatory Action Determination

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA

must determine whether the proposed regulatory action is

``significant,'' and therefore, subject to OMB review and the

requirements of this Executive Order. The Order defines ``significant''

regulatory action as one that is likely to lead to a rule that may:

(1) have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, public health or safety in State, local, or tribal governments

or communities;

(2) create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs, or the rights and obligations of

recipients thereof; or

(4) raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

It has been determined that this action is not ``significant''

because none of the listed criteria apply to this action. Therefore,

today's notice did not require OMB review.

C. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements, unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions.

Today's action is not subject to notice and comment rulemaking

requirements and therefore is not subject to the Regulatory Flexibility

Act. However, for the reasons discussed in the March 12, 1996 Federal

Register (60 FR 9918), this rule does not have a significant impact on

a substantial number of small entities. Today's action clarifies the

reporting requirements in the Standards of Performance for New

Stationary Sources and Guidelines for Control of Existing Sources:

Municipal Solid Waste Landfills and does not include any provisions

that create a burden for any of the regulated entities.

The clarifications in today's action do not increase the stringency

of the rule or add additional control requirements. Nor is the scope of

the rule changed so as to bring any entities not previously subject to

the rule within its scope or coverage. Today's action does not alter

control, monitoring, recordkeeping, or reporting requirements of the

promulgated rule.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public

Law 104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on State, local, and tribal

governments and the private sector. Under section 202 of the UMRA, the

EPA generally must prepare a written statement, including a cost-

benefit analysis, for the proposed and final rules with ``Federal

mandates'' that may result in expenditures to State, local, and tribal

governments, in the aggregate, or to the private sector, of $100

million or more in any one year. Before promulgating an EPA rule for

which a written statement is needed, section 205 of the UMRA generally

requires the EPA to identify and consider a reasonable number of

regulatory alternatives and adopt the least costly, most cost-

effective, or least burdensome alternative that achieves the objectives

of the rule. The provisions of section 205 do not apply when they are

inconsistent with applicable law. Moreover, section 205 allows the EPA

to adopt an alternative other than the least costly, most cost-

effective, or least burdensome alternative if the Administrator

publishes with the final rule an explanation of why that alternative

was not adopted. Before the EPA establishes any regulatory requirements

that may significantly or uniquely affect small governments, including

tribal governments, it must have developed under section 203 of the

UMRA a small government agency plan. The plan must provide for

notifying potentially affected small governments, enabling officials of

affected small governments to have meaningful and timely input in the

development of the EPA regulatory proposals with significant Federal

intergovernmental mandates, and informing, educating, and advising

small governments on compliance with the regulatory requirements.

The EPA has determined that today's action does not include a

Federal mandate that may result in estimated costs of $100 million or

more to either State, local, or tribal governments in the aggregate or

to the private sector. Therefore, the requirements of the Unfunded

Mandates Act do not apply to today's action.

E. Executive Order 12875: Enhancing the Intergovernmental Partnership

Under Executive Order 12875, the EPA may not issue a regulation

that is not required by statute and that creates a mandate upon a

State, local, or tribal government unless the Federal government

provides the funds necessary to pay the direct compliance costs

incurred by those governments, or the EPA consults with those

governments. If the EPA complies by consulting, Executive Order 12875

requires the EPA to provide the Office of Management and Budget (OMB) a

description of the extent of the EPA's prior consultation with

representatives of affected State, local, and tribal governments, the

nature of their concerns, copies of any written

[[Page 9261]]

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires the EPA to develop an effective process permitting elected

officials and other representatives of State, local, and tribal

governments to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.

The EPA held consultations and prepared such a statement at the

time of promulgation of subpart Cc and WWW (60 FR 9913, March 12,

1996). Today's action consists of clarifications that do not create a

mandate on State, local, or tribal governments. Therefore, the

requirements of Executive Order 12875 do not apply to today's action.

F. Executive Order 13045: Protection of Children from Environmental

Health Risks and Safety Risks

Executive Order 13045 applies to any rule that the EPA determines

(1) is economically significant as defined under Executive Order 12866,

and (2) the environmental health or safety risk addressed by the rule

has a disproportionate effect on children. If the regulatory action

meets both criteria, the EPA must evaluate the environmental health or

safety effects of the planned rule on children and explain why the

planned regulation is preferable to other potentially effective and

reasonably feasible alternatives considered by the EPA.

Today's action is not subject to Executive Order 13045 because it

does not involve decisions on environmental health or safety risks that

may disproportionately affect children.

G. Executive Order 13084: Consultation and Coordination with Indian

Tribal Governments

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian Tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

This action does not significantly or uniquely affect communities

of Indian tribal governments. The EPA has determined that this final

rule does not include any new Federal mandates or additional

requirements above those previously considered during promulgation of

the 1996 emission guidelines and NSPS. Accordingly, the requirements of

section 3(b) of Executive Order 13084 do not apply to this rule.

H. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement

Act of 1995 (NTTAA) directs all Federal agencies to use voluntary

consensus standards instead of government-unique standards in their

regulatory activities unless to do so would be inconsistent with

applicable law or otherwise impractical. Voluntary consensus standards

are technical standards (e.g., material specifications, test methods,

sampling and analytical procedures, business practices, etc.) that are

developed or adopted by one or more voluntary consensus standards

bodies. Examples of organizations generally regarded as voluntary

consensus standards bodies include the American Society for Testing and

Materials (ASTM), the National Fire Protection Association (NFPA), and

the Society of Automotive Engineers (SAE). The NTTAA requires Federal

agencies like EPA to provide Congress, through OMB, with explanations

when an agency decides not to use available and applicable voluntary

consensus standards.

Today's action does not involve any new technical standards or the

incorporation by reference of existing technical standards. Therefore,

consideration of voluntary consensus standards is not relevant to this

action.

I. Immediate Effective Date

The EPA is making today's action effective immediately. The EPA has

determined that the rule changes being made in today's action are not

subject to notice and comment requirements. In addition, the rule

change is a type of technical correction, since it clarifies the rule

to be consistent with EPA's intentions stated in the rule's preamble

and other documents. Notice and opportunity for comment is not required

for such technical corrections. The EPA has also determined that this

rule may be made effective in less than 30 days because it is

interpretive, and relieves restrictions. See 5 U.S.C. 553(d) (1)and

(2).

J. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. The EPA will submit a report containing this rule and

other required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

Environmental protection, Air pollution control, Municipal solid

waste landfills.

Dated: January 25, 1999.

Robert Perciasepe,

Assistant Administrator, OAR.

Part 62, Chapter 1, Title 40 of the Code of Federal Regulations is

amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

1. The authority citation for part 60 continues to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.

Subpart Cc--[Amended]

2. Amend Sec. 60.33c as follows:

a. In paragraph (a)(2), remove the words ``submitted with the

report'' and add, in its place, ``submitted with the design capacity

report''.

b. Add paragraphs (d) and (e) to read as follows:

Sec. 60.33c Emission guidelines for municipal solid waste landfill

emissions.

* * * * *

(d) For approval, a State plan shall require each owner or operator

of an MSW landfill having a design capacity less than 2.5 million

megagrams by mass or 2.5 million cubic meters by

[[Page 9262]]

volume to submit an initial design capacity report to the Administrator

as provided in Sec. 60.757(a)(2) of subpart WWW by the date specified

in Sec. 60.35c of this subpart. The landfill may calculate design

capacity in either megagrams or cubic meters for comparison with the

exemption values. Any density conversions shall be documented and

submitted with the report. Submittal of the initial design capacity

report shall fulfill the requirements of this subpart except as

provided in paragraph (d)(1) and (d)(2) of this section.

(1) The owner or operator shall submit an amended design capacity

report as provided in Sec. 60.757(a)(3) of subpart WWW. [Guidance: Note

that if the design capacity increase is the result of a modification,

as defined in Sec. 60.751 of subpart WWW, that was commenced on or

after May 30, 1991, the landfill will become subject to subpart WWW

instead of this subpart. If the design capacity increase is the result

of a change in operating practices, density, or some other change that

is not a modification, the landfill remains subject to this subpart.]

(2) When an increase in the maximum design capacity of a landfill

with an initial design capacity less than 2.5 million megagrams or 2.5

million cubic meters results in a revised maximum design capacity equal

to or greater than 2.5 million megagrams and 2.5 million cubic meters,

the owner or operator shall comply with paragraph (e) of this section.

(e) For approval, a State plan shall require 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 to either install a

collection and control system as provided in paragraph (b) of this

section and Sec. 60.752(b)(2) of subpart WWW or calculate an initial

NMOC emission rate for the landfill using the procedures specified in

Sec. 60.34c of this subpart and Sec. 60.754 of subpart WWW. The NMOC

emission rate shall be recalculated annually, except as provided in

Sec. 60.757(b)(1)(ii) of subpart WWW.

(1) If the calculated NMOC emission rate is less than 50 megagrams

per year, the owner or operator shall:

(i) submit an annual emission report, except as provided for in

Sec. 60.757(b)(1)(ii); and

(ii) recalculate the NMOC emission rate annually using the

procedures specified in Sec. 60.754(a)(1) of subpart WWW until such

time as the calculated NMOC emission rate is equal to or greater than

50 megagrams per year, or the landfill is closed.

(2)(i) If the NMOC emission rate, upon initial calculation or

annual recalculation required in paragraph (e)(1)(ii) of this section,

is equal to or greater than 50 megagrams per year, the owner or

operator shall install a collection and control system as provided in

paragraph (b) of this section and Sec. 60.752(b)(2) of subpart WWW.

(ii) If the landfill is permanently closed, a closure notification

shall be submitted to the Administrator as provided in Sec. 60.35c of

this subpart and Sec. 60.757(d) of subpart WWW.

3. Amend Sec. 60.35c by adding paragraphs (a) and (b) after the

introductory text to read as follows:

Sec. 60.35c Reporting and recordkeeping guidelines.

* * * * *

(a) For existing MSW landfills subject to this subpart the initial

design capacity report shall be submitted no later than 90 days after

the effective date of EPA approval of the State's plan under section

111(d) of the Act.

(b) 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 initial NMOC emission rate report shall be

submitted no later than 90 days after the effective date of EPA

approval of the State's plan under section 111(d) of the Act.

Subpart WWW--[Amended]

Sec. 60.75 [Amended]

4. Amend Sec. 60.751 by adding the following sentence to the end of

the definition of ``modification'': ``Modification does not occur until

the owner or operator commences construction on the horizontal or

vertical expansion.''

5. In Sec. 60.759, revise the first and second sentence in

(a)(3)(iii) to read as follows:

Sec. 60.759 Specifications for active collection systems.

(a) * * *

(3) * * *

(iii) The values for k and CNMOC determined in field

testing shall be used if field testing has been performed in

determining the NMOC emission rate or the radii of influence (this

distance from the well center to a point in the landfill where the

pressure gradient applied by the blower or compressor approaches zero).

If field testing has not been performed, the default values for k,

LO and CNMOC provided in Sec. 60.754(a)(1) or the

alternative values from Sec. 60.754(a)(5) shall be used. * * *

* * * * *

[FR Doc. 99-2988 Filed 2-23-99; 8:45 am]

BILLING CODE 6560-50-P