[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Proposed Rules]
[Pages 19176-19184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07566]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2002-0047; FRL-10012-39-OAR]
RIN 2060-AV01


National Emission Standards for Hazardous Air Pollutants: 
Municipal Solid Waste Landfills Residual Risk and Technology Review; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) published a 
final rule in the Federal Register on March 26, 2020, to complete the 
residual risk and technology review (RTR) for the Municipal Solid Waste 
(MSW) Landfills source category as regulated under national emission 
standards for hazardous air pollutants (NESHAP). The final rule also 
made minor changes to the 2016 MSW Landfills New Source Performance 
Standards (NSPS) and Emission Guidelines and Compliance Times for MSW 
Landfills to improve implementation of the sets of rules affecting MSW 
landfills. In this action, the EPA is proposing technical revisions and 
clarifications for the NESHAP for MSW Landfills established in the 
March 26, 2020, final rule. These changes correct inadvertent errors 
and clarify wellhead monitoring requirements for the purpose of 
identifying excess air infiltration; delegation of authority to state, 
local, or tribal agencies for ``emission standards''; applicability of 
the General Provisions to affected MSW landfills; and handling of 
monitoring data for combustion devices during periods of monitoring 
system breakdowns, repairs, calibration checks, and adjustments. We are 
proposing further amendments to the 2016 MSW Landfills NSPS to clarify 
and align the timing of compliance for certain requirements of the 2016 
MSW Landfills NSPS for existing MSW landfills that have modified but 
previously triggered the requirement to install a gas collection and 
control system (GCCS) under related MSW landfill rules.

DATES: Comments. Comments must be received on or before May 28, 2021. 
Under the Paperwork Reduction Act (PRA), comments on the information 
collection provisions are best assured of consideration if the Office 
of Management and Budget (OMB) receives a copy of your comments on or 
before May 13, 2021.
    Public hearing: If anyone contacts us requesting a public hearing 
on or before April 19, 2021, the EPA will hold a virtual public 
hearing. See SUPPLEMENTARY INFORMATION for information on requesting 
and registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0047, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA-
HQ-OAR-2002-0047 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2002-0047.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2002-0047, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of operation 
are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document. Out of an abundance of caution 
for members of the public and our staff, the EPA Docket Center and 
Reading Room was closed to the public, with limited exceptions, to 
reduce the risk of transmitting COVID-19. Our Docket Center staff will 
continue to provide remote customer service via email, phone, and 
webform. We encourage the public to submit comments via https://www.regulations.gov/ or email, as there may be a delay in processing 
mail and faxes. Hand deliveries and couriers may be received by 
scheduled appointment only. For further information on EPA Docket 
Center services and the current status, please visit us online at 
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Mr. Andrew Sheppard, Natural Resources Group, Sector Policies 
and Programs Division (E143-03), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-4161; fax 
number: (919) 541-0516; and email address: sheppard.andrew@epa.gov.

SUPPLEMENTARY INFORMATION:
    Participation in virtual public hearing. Please note that the EPA 
is deviating from its typical approach because the President has 
declared a national emergency. Due to the current Centers for Disease 
Control and Prevention (CDC) recommendations, as well as state and 
local orders for social distancing to limit the spread of COVID-19, the 
EPA cannot hold in-person public meetings at this time.
    If requested, the virtual hearing will be held on April 28, 2021. 
The hearing will convene at 9 a.m. Eastern Time (ET) and will conclude 
at 12:00 p.m. ET unless the number of registrants indicates more time 
is needed. The EPA may close a session 15 minutes after the last pre-
registered speaker has testified if there are no additional speakers. 
The EPA will announce further details on the virtual public hearing 
website at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-new-source-performance-standards.
    The EPA will begin pre-registering speakers for the hearing upon 
publication of this document in the Federal Register. To register to 
speak at the virtual hearing, please use the online registration form 
available at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards or contact 
the public hearing team at (888) 372-8699 or by email at 
SPPDpublichearing@epa.gov. The last day to pre-register to speak at the 
hearing will be April 26, 2021. Prior to the hearing, the EPA will post 
a general agenda that will list pre-registered speakers in approximate 
order at: https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards.
    The EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearings to

[[Page 19177]]

run either ahead of schedule or behind schedule.
    Each commenter will have 5 minutes to provide oral testimony. The 
EPA encourages commenters to provide the EPA with a copy of their oral 
testimony electronically (via email) by emailing it to Mr. Andrew 
Sheppard and the public hearing team. The EPA also recommends 
submitting the text of your oral testimony as written comments to the 
rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral testimony and 
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will 
be posted online at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards. 
While the EPA expects the hearing to go forward as set forth above, 
please monitor our website or contact the public hearing team at (888) 
372-8699 or by email at SPPDpublichearing@epa.gov to determine if there 
are any updates. The EPA does not intend to publish a document in the 
Federal Register announcing updates.
    If you require the services of a translator or a special 
accommodation such as audio description, please pre-register for the 
hearing with the public hearing team and describe your needs by April 
20, 2021. The EPA may not be able to arrange accommodations without 
advanced notice.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2002-0047. All documents in the docket are 
listed in Regulations.gov. Although listed, some information is not 
publicly available, e.g., Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy. Publicly 
available docket materials are available electronically in 
Regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0047. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.regulations.gov/, including any personal 
information provided, unless the comment includes information claimed 
to be CBI or other information whose disclosure is restricted by 
statute. Do not submit electronically any information that you consider 
to be CBI or other information whose disclosure is restricted by 
statue. This type of information should be submitted by mail as 
discussed below.
    The EPA may publish any comment received to its public docket. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov/, your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    The EPA is temporarily suspending its Docket Center and Reading 
Room for public visitors, with limited exceptions, to reduce the risk 
of transmitting COVID-19. Our Docket Center staff will continue to 
provide remote customer service via email, phone, and webform. We 
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and 
faxes. Hand deliveries or couriers will be received by scheduled 
appointment only. For further information and updates on EPA Docket 
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our Federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/ or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that includes information claimed as CBI, you must submit a copy of the 
comments that does not contain the information claimed as CBI directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 Code of Federal Regulations 
(CFR) part 2. Send or deliver information identified as CBI only to the 
following address: OAQPS Document Control Officer (C404-02), OAQPS, 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2002-0047. Note that 
written comments containing CBI and submitted by mail may be delayed 
and no hand deliveries will be accepted.
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
EPA Environmental Protection Agency
GCCS gas collection and control system
HAP hazardous air pollutant(s)
m3 cubic meters
Mg megagrams
MSW municipal solid waste
NESHAP national emission standards for hazardous air pollutants
NMOC non-methane organic compounds

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NSPS new source performance standards
OMB Office of Management and Budget
RTR risk and technology review
SSM startup, shutdown, and malfunction

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What is the background for this proposal?
    C. What is the statutory authority for this action?
II. Summary and Rationale of Proposed Changes
    A. Technical Corrections for 40 CFR Part 63, Subpart AAAA
    B. Clarification of Control System Timing Requirements for 
Modified Landfills in 2016 MSW Landfills NSPS
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    Table 1 of this preamble lists the associated regulated industrial 
source categories that are the subject of this proposal. Table 1 is not 
intended to be exhaustive, but rather provides a guide for readers 
regarding the entities that this proposed action is likely to affect. 
The proposed standards, once promulgated, will be directly applicable 
to the affected sources. Federal, state, local, and tribal government 
entities could be affected by this proposed action because these 
entities are often the owners or operators of MSW landfills. As defined 
in the Initial List of Categories of Sources Under Section 112(c)(1) of 
the Clean Air Act Amendments of 1990 (see 57 FR 31576, July 16, 1992) 
and Documentation for Developing the Initial Source Category List, 
Final Report (see EPA-450/3-91-030, July 1992), the MSW Landfills 
source category is any facility that is an entire disposal facility in 
a contiguous geographical space where household waste is placed in or 
on land. An MSW landfill may also receive commercial waste, sludges, 
and industrial waste. An MSW landfill may also receive other types of 
Resource Conservation and Recovery Act (RCRA), subtitle D wastes (see 
40 CFR 257.2) such as commercial solid waste, nonhazardous sludge, 
conditionally exempt small quantity generator waste, and industrial 
solid waste portions of an MSW landfill that may be separated by access 
roads. An MSW landfill may be publicly or privately owned.

 Table 1--Industrial Source Categories Affected by This Proposed Action
------------------------------------------------------------------------
                    Source category                      NAICS code \1\
------------------------------------------------------------------------
Industry: Air and water resource and solid waste                  924110
 management...........................................
Industry: Refuse systems--solid waste landfills.......            562212
State, local, and tribal government agencies..........    562212, 924110
------------------------------------------------------------------------
\1\ North American Industry Classification System.

B. What is the background for this proposal?

    The EPA promulgated the MSW Landfills NESHAP (codified at 40 CFR 
part 63, subpart AAAA) on January 16, 2003 (68 FR 2227). The NESHAP 
regulates hazardous air pollutant (HAP) emissions from MSW landfills 
that are either major or area sources, and applies to MSW landfills 
that have accepted waste since November 8, 1987, or have additional 
capacity for waste deposition and are major sources, are collocated 
with major sources, or are area source landfills with a design capacity 
equal to or greater than 2.5 megagrams (Mg) and 2.5 million cubic 
meters (m\3\) and have estimated uncontrolled emissions equal to or 
greater than 50 megagrams per year (Mg/yr) of non-methane organic 
compounds (NMOC). The NESHAP also applies to MSW landfills that have 
accepted waste since November 8, 1987, or have additional capacity for 
waste deposition and include a bioreactor and are major sources, are 
collocated with major sources, or are area source landfills with a 
design capacity equal to or greater than 2.5 million Mg and 2.5 million 
m\3\ that were not permanently closed as of January 16, 2003.
    The EPA recently completed the RTR on the MSW Landfills NESHAP and 
promulgated amendments to 40 CFR part 63, subpart AAAA on March 26, 
2020 (85 FR 17244). The rule finalized the EPA's determination that 
risks from this source category are acceptable and that the standards 
provide an ample margin of safety to protect public health and prevent 
an adverse environmental effect. There were no revisions to the NESHAP 
based on our analyses conducted under Clean Air Act (CAA) section 
112(f). However, the final rule clarified regulatory provisions related 
to emissions during periods of startup, shutdown, and malfunction 
(SSM); revised wellhead operational standards and corrective action to 
improve effectiveness and provide compliance flexibility; incorporated 
provisions from the 2016 MSW Landfills NSPS; and added requirements for 
electronic reporting of performance test results. The EPA further 
published a document on October 13, 2020 (85 FR 64398), to correct 
inadvertent errors in the cross-referencing and formatting of the final 
rule, as well as minor clarifications to the operational and reporting 
requirements.
    The EPA promulgated the 2016 MSW Landfills NSPS under CAA section 
111 (40 CFR part 60, subpart XXX) (81 FR 59332, August 29, 2016). The 
control requirements in the 2016 MSW Landfills NSPS apply to MSW 
landfills for which construction, reconstruction, or modification 
commenced after July 17, 2014, and with a design capacity equal to or 
greater than 2.5 Mg and 2.5 million m\3\ and estimated uncontrolled 
emissions equal to or greater than 34 Mg/yr of NMOC. As part of the 
final MSW Landfills NESHAP rules, the EPA also finalized minor changes 
to the 2016 MSW Landfills NSPS. These minor changes included provisions 
that streamlined requirements for affected sources by allowing them to 
demonstrate compliance with landfill gas control, operating, 
monitoring, recordkeeping, and reporting

[[Page 19179]]

requirements by following the corresponding requirements in the MSW 
Landfills NESHAP.
    This action proposes technical revisions and clarifications to 
correct inadvertent errors and clarify the compliance and authority 
requirements for the MSW Landfills NESHAP established in the March 26, 
2020, final rule. Additionally, this action proposes clarifying 
amendments to the 2016 MSW Landfills NSPS to clarify the timing of 
compliance for certain requirements for existing MSW landfills that 
have already triggered requirements to install a GCCS.

C. What is the statutory authority for this action?

    The statutory authority for revisions to the MSW Landfills NESHAP 
(40 CFR part 63, subpart AAAA) is provided by sections 111, 112, and 
301 of the CAA, as amended (42 U.S.C. 7411, 7412, and 7401). The 
statutory authority for revisions to the 2016 MSW Landfills NSPS (40 
CFR part 60, subpart XXX) is provided by sections 111 and 301 of the 
CAA (42 U.S.C. 7411 and 7401).

II. Summary and Rationale of Proposed Changes

    The EPA is proposing to correct inadvertent errors in the MSW 
Landfills NESHAP that were the result of extensive changes to the 
structure and content of the NESHAP during the development of the final 
RTR. The EPA is also proposing to clarify the control system timing 
requirements for MSW landfills that modify and become subject to the 
2016 MSW Landfills NSPS that have already triggered the requirement to 
install emission controls under related MSW landfills regulations.

A. Technical Corrections for 40 CFR Part 63, Subpart AAAA

    First, we are proposing to revise the compliance provisions of 40 
CFR 63.1960(a)(4)(i) to reestablish the phrase, ``for the purpose of 
identifying whether excess air infiltration exists.'' This phrase was 
removed in error between proposal and promulgation of the NESHAP. The 
preamble to the final rule indicated that this phrase was removed 
because the phrase does not apply to temperature. Except for approved 
alternatives, we require wells to be operated at negative pressure. 
When wells are operated at negative pressure, excess air can lead to 
increased temperatures. Therefore, the phrase should be included to 
identify that the requirement to monitor temperature is so that the 
operation of the landfill can be monitored to ensure that excess air 
infiltration is not occurring. The intent was for this paragraph to be 
consistent with 40 CFR 60.765(a)(5) of the 2016 MSW Landfills NSPS, 
which contains the phrase, ``for the purpose of identifying whether 
excess air infiltration into the landfill is occurring,'' for 
demonstrating whether excess air infiltration is occurring when putting 
a well under negative pressure. The proposed revision would correct the 
requirement and ensure consistency between the NESHAP and NSPS.
    We are proposing to revise 40 CFR 63.1961(a)(5)(vi) to eliminate 
redundancy and to add sampling times. The EPA is revising 40 CFR 
63.1961(a)(5)(vi)(A) to change ``and'' at the end of paragraph (A) to 
an ``or.'' This change eliminates redundancy by requiring either 
paragraph (A) or (B) instead of both (A) and (B). Language defining the 
sampling time to be used when measuring carbon monoxide (CO) at the 
wellheads was inadvertently not included in the final rule. A sampling 
time is proposed for both the samples taken directly from the wellhead 
and the samples collected in passivated canisters or multi-layer foil 
sampling bags for analysis. The proposed sampling times are consistent 
for both sampling methodologies and provide five 1-minute samples that 
are then averaged to give a CO reading at each monitored wellhead. 
Additionally, when analyzing samples collected in a canister or bag, in 
order to ensure the uniformity of the collected sample, the five 1-
minute averages resulting from the analysis of the collected sample can 
vary from one another by no more than 7 parts per million.
    We are proposing to revise 40 CFR 63.1975 because it erroneously 
requires the inclusion of monitoring data that should be excluded from 
3-hour compliance averages for combustion temperature. The recent 
amendments to the provisions at 40 CFR 63.1975 specify that the 
calculation of 3-hour average combustion temperature for enclosed 
combustors must include data collected during monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments. In brief, we stated in the Summary of Public 
Comments and EPA's Responses for the Proposed Risk and Technology 
Review and Amendments for the Municipal Solid Waste Landfills NESHAP, 
available in Docket ID No. EPA-HQ-OAR-2002-0047, that because the 
standard applies at all times, data collected during these periods must 
be included in the averages to demonstrate continuous compliance with 
the NESHAP. We further stated in our response that the data in 40 CFR 
63.1975(a) are needed to determine if the landfill operator is meeting 
the standard and the general duty in 40 CFR 63.1955(c) to operate and 
maintain the affected source, including the air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices. However, we now recognize 
that including data from these periods in the combustion temperature 
averages is not appropriate for demonstrating compliance and is not 
otherwise necessary. First, the data collected during monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments is not quality-assured and is unlikely to be reliable 
because it may not reflect accurate measurements of the target analyte 
in the emission matrix (e.g., calibrations and audits using reference 
gases would not result in accurate measurements). Therefore, inclusion 
of these data in calculations would result in inaccurate or misinformed 
estimates. As such, we have consistently excluded data collected during 
these periods from data averages or calculations used to report 
emission or operating levels in other NESHAP (e.g., Nutritional Yeast 
Manufacturing NESHAP (82 FR 48156, October 16, 2017) and Miscellaneous 
Organic Chemical Manufacturing NESHAP (85 FR 49084, August 12, 2020)). 
Further, 40 CFR 63.1965(b) specifies that a deviation occurs when 1 
hour or more of the hours during the 3-hour block averaging period does 
not constitute a valid hour of data for all periods during which the 
landfill GCCS is required to be operated. In such cases, the 
enforcement authority will evaluate all reported information and 
determine if the owner or operator has complied with the general duty 
in 40 CFR 63.1955(c). The general duty requires the owner or operator 
to operate and maintain the affected source, including the air 
pollution control equipment and monitoring equipment, in a manner 
consistent with safety and good air pollution control practices. In 
addition, the General Provisions, 40 CFR 63.10(b)(2)(vi), require 
reporting of each period during which a continuous monitoring system is 
malfunctioning or inoperative (including out-of-control periods). 
Therefore, with these amendments, the reported 3-hour temperature data 
will include only quality-assured measurements. In addition, reporting 
under 40 CFR 63.10(b)(2)(vi) will provide the enforcement authority 
with information on periods of malfunctioning or inoperative 
measurement monitoring

[[Page 19180]]

equipment. Taken together, these two periodic reports will provide 
adequate information for the enforcement authority to make a compliance 
determination; and, if appropriate based on the circumstances of each 
case, the enforcement authority could determine that the periods of 
missing compliance data constitute a violation of the general duty 
standard.
    We also are proposing associated editorial corrections to Table 1 
to 40 CFR part 63, subpart AAAA. In Table 1, we intended to specify 
that 40 CFR 63.10(b)(2)(vi) applies to 40 CFR part 63, subpart AAAA, 
but inadvertently labeled the entry in Table 1 as 40 CFR 63.10(b)(vi). 
Similarly, we intended to specify that 40 CFR 63.10(b)(2)(vii) through 
(xiv) applies to 40 CFR part 63, subpart AAAA, but inadvertently 
labeled the entry in Table 1 as 40 CFR 63.10(b)(vii) through (xiv). The 
references to 40 CFR 63.10(b)(vi) and 40 CFR 63.10(b)(vii) through 
(xiv) are incorrect because these are not actual paragraphs in the 
general provisions. We are proposing to correct these entries to 40 CFR 
63.10(b)(2)(vi) and 40 CFR 63.10(b)(2)(vii) through (xiv), 
respectively.
    Next, we are proposing to revise the implementation and enforcement 
provisions of 40 CFR 63.1985. The proposed revision would amend 
paragraph (c) to add the word ``emission'' to read as follows: 
``Approval of alternatives to the emission standards in 40 CFR 63.1955 
through 63.1962.'' The proposed correction would clarify that the EPA 
intended to restrict delegation of authority for approval of 
alternatives to the emissions standards but did not intend to preclude 
delegation of authority for state or local agencies for approval or 
disapproval of higher operating values and other alternative monitoring 
or compliance provisions that are needed to reflect a source's site-
specific conditions. We intended to make this clarification in the 
March 26, 2020, final rule. As explained in the preamble and response 
to comments, ``the EPA intends the use of the phrase ``alternative 
emission standards'' to refer to the ``standards'' for MSW landfill 
emissions in 40 CFR 63.1955 through 63.1962. The EPA does not intend 
``alternative emission standards'' to include alternatives for wellhead 
monitoring in 40 CFR 63.1958'' (85 FR 17255). However, we inadvertently 
excluded the word ``emissions'' in the final rule text. See section 
IV.D.2 of the preamble to the final MSW Landfills NESHAP (85 FR 17254) 
and section 14 of the Summary of Public Comments and the EPA's 
Responses for the Proposed Risk and Technology Review and Amendments 
for the Municipal Solid Waste Landfills NESHAP, available in Docket ID 
No. EPA-HQ-OAR-2002-0047 for additional information.
    We are also proposing revisions to Table 1 to Subpart AAAA--
Applicability of NESHAP General Provisions to Subpart AAAA. First, we 
are proposing to revise the Table 1 entry for 40 CFR 63.6(f)(1). We 
propose to change the ``Yes'' to a ``No'' in the column labeled, 
``Applicable to subpart AAAA before September 28, 2021.'' Section 
63.6(f)(1) addresses ``Exemption of nonopacity emission standards 
during SSM.'' In the final rule published March 26, 2020, the EPA 
removed the exemptions for periods of SSM to reflect the vacatur by the 
United States Court of Appeals for the District of Columbia Circuit 
(the court) of provisions governing the emissions of HAP during periods 
of SSM. See Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008). As 
explained in the final rule, the court held that under CAA section 
302(k), emissions standards or limitations must be continuous in nature 
and that the SSM exemptions in 40 CFR 63.6(f)(1) and (h)(1) violate 
this CAA requirement.
    In the final rule, we revised Table 1 to subpart AAAA of 40 CFR 
part 63, which incorporated the SSM exemption in 40 CFR 63.6(f)(1), to 
specify that 40 CFR 63.(f)(1) applies before but not after the 
compliance date of September 27, 2021. However, because the SSM 
exemption in 40 CFR 63.6(f)(1) has been vacated, it has no legal effect 
and the language in Table 1 suggesting that 40 CFR 63.6(f)(1) applies 
until September 27, 2021, was incorrect and misleading. The SSM 
exemption in 40 CFR 63.6(f)(1) has been without legal effect since the 
date of the court order in Sierra Club v. EPA. To correct this error, 
we are proposing an amendment to the General Provisions Table 1 entry 
for 40 CFR 63.6(f)(1) by changing the entry in the column labeled 
``Applicable to subpart AAAA before September 28, 2021'' from ``Yes'' 
to ``No.'' This amendment only revises the table entry related to 40 
CFR 63.6(f)(1) to reflect the court order vacating the General 
Provisions exemption language. See the final rule for any other 
requirements related to SSM and the requirement to comply at all times.
    We propose to correct the Table 1 entry for 40 CFR 63.10(d)(3). We 
are proposing to change the ``Yes'' to a ``No'' in the column labeled, 
``Applicable to subpart AAAA no later than September 27, 2021.'' 
Section 63.10(d)(3) addresses reporting of visible emissions 
observations. Because no opacity or visible emission observations are 
required by 40 CFR part 63, subpart AAAA, 40 CFR 63.10(d)(3) does not 
apply. In the Summary of Public Comments and the EPA's Responses for 
the Proposed Risk and Technology Review and Amendments for the 
Municipal Solid Waste Landfills NESHAP, available in Docket ID No. EPA-
HQ-OAR-2002-0047, the EPA pointed out that the 40 CFR part 63 General 
Provisions contain more than 150 references to opacity and visible 
emission standards. The EPA noted that to revise Table 1 to specify 
applicability of each subparagraph that addresses opacity or visible 
emission standards would render the table dense, tedious, and difficult 
to comprehend, so we chose not to follow that approach. However, 
because this is one of the three instances where opacity or visible 
emissions are directly or uniquely addressed in the table, we believe 
that changing the table will be less confusing. Because there are no 
opacity or visible emission standards, as listed in the table entry for 
40 CFR 63.6(h) and 63.9(f), there would have been nothing to report in 
the 40 CFR 63.10(d)(3) entry. Therefore, this correction does not 
result in adding or removing any practical requirements for landfills. 
Thus, we are proposing to correct the Table 1 entry for 40 CFR 
63.10(d)(3) to change the ``Yes'' to a ``No'' in the column labeled, 
``Applicable to subpart AAAA no later than September 27, 2021.''

B. Clarification of Control System Timing Requirements for Modified 
Landfills in 2016 MSW Landfills NSPS

    The 2016 MSW Landfills NSPS requires that a GCCS must be installed 
within 30 months after an MSW landfill that equals or exceeds the 
design capacity threshold (2.5 million Mg and 2.5 million m\3\) files a 
report indicating that it has reached or exceeded an NMOC emissions 
level of 34 Mg/yr. 40 CFR 60.762(b)(2)(ii). This threshold for GCCS 
installation is lower than several related federal MSW landfills 
regulations, such as the 1996 MSW Landfills NSPS and Emission 
Guidelines, in which the emissions threshold for GCCS installation is 
50 Mg/yr NMOC. Many landfills that modify and become subject to the 
2016 MSW Landfills NSPS previously exceeded the 50 Mg/yr NMOC threshold 
set by those other federal regulations and have, therefore, already 
installed and begun operating GCCS. However, the 2016 MSW Landfills 
NSPS did not explicitly specify a compliance date for landfills with 
existing GCCS to transition operations to meet the

[[Page 19181]]

amended requirements upon modification. Therefore, some landfills with 
existing GCCS that have become subject to 2016 MSW Landfills NSPS have 
followed the compliance requirements and timeline for installation of 
GCCS at a new landfill (i.e., 30 months).
    It was not the EPA's intent in promulgating the 2016 MSW Landfills 
NSPS to permit a landfill that was already classified as a ``controlled 
landfill'' pursuant to either the 1996 MSW Landfills NSPS at 40 CFR 
part 60, subpart WWW, or the emission guidelines at subparts Cc or Cf 
to be permitted an additional 30-month period before compliance with 
the requirements of the 2016 MSW Landfills NSPS would be required. As 
the EPA explained in the rulemaking for the 2014 proposal (79 FR 
41805), the 30-month period provided in 40 CFR 60.762(b)(2)(ii) is 
intended as an initial one-time lag period to allow adequate time for 
landfills to install and start up GCCS. New ``greenfield'' landfills 
would be starting from scratch with designing, permitting, and building 
GCCS infrastructure. In contrast, existing landfills that modified and 
become subject to the 2016 MSW Landfills NSPS from another subpart but 
have already triggered the design plan requirements from their previous 
MSW landfill rule, have already completed the GCCS design. These 
landfills have completed permitting and construction of all or 
significant portions of GCCS infrastructure. The only new requirements 
that a modified source is subject to are the updated monitoring, 
recordkeeping, and reporting requirements promulgated in the 2016 MSW 
Landfills NSPS, which do not require 30 months of additional time for 
compliance. The EPA notes that these landfill owners and operators will 
be required to comply with similar monitoring, reporting, and 
recordkeeping requirements under the MSW Landfills NESHAP by September 
27, 2021, regardless of when they modify. Given the 30-month period was 
plainly intended to provide sources sufficient time for the initial 
installation of GCCS, it, therefore, clearly was not the EPA's intent 
to provide that same period of time for compliance for modified sources 
that do not need to install GCCS. The EPA acknowledges, however, that 
the regulations promulgated in the 2016 MSW Landfills NSPS did not 
clearly provide for the compliance timeframe for modifying sources. To 
correct this issue, the EPA is making four regulatory text edits to 
clarify the applicable requirements for modifying landfills.
    First, the EPA is proposing to clarify the definition for landfills 
that are considered to be a controlled landfill. The 2016 MSW Landfills 
NSPS identifies and defines the term ``controlled landfill'' as one 
that has triggered the emissions threshold of 34 Mg/yr of NMOC or more 
and submitted its collection and control system design plan. The 2016 
MSW Landfills NSPS requires the design plan to be submitted within 1 
year of the first NMOC annual emission rate report that is equal to or 
greater than 34 Mg/yr of NMOC. While this language accurately describes 
landfills that reach the 34 Mg/yr NMOC emissions threshold after 
promulgation of the 2016 MSW Landfills NSPS, its applicability to 
landfills that had exceeded the emissions threshold and submitted a 
design plan under previously promulgated landfill regulations was not 
specified. The EPA is proposing to revise the definition of the term 
``controlled landfill'' in 40 CFR 60.761 to clarify that a landfill is 
considered controlled at the time a collection and control system 
design plan is submitted in compliance with whichever applicable 
regulation first required submission of a collection and control system 
design plan for the source in question, whether pursuant to 40 CFR 
60.762(b)(2)(i) or 40 CFR part 60, subpart WWW; or pursuant to a 
Federal plan or EPA-approved and effective state plan or tribal plan 
that implements either 40 CFR part 60, subpart Cc or Cf.
    Second, the EPA is proposing to amend 40 CFR 60.767(d) to clarify 
that submittal of an initial design plan includes submittal under not 
only the 2016 MSW Landfills NSPS, but also under 40 CFR part 60, 
subpart WWW, or a state or Federal plan implementing 40 CFR part 60, 
subpart Cc or Cf. As stated in 40 CFR 60.767(d), revised design plans 
are required 90 days before expanding operations into an area not 
covered by a previously approved design plan, or prior to installing or 
expanding a system in a way inconsistent with the initial design plan. 
By making this clarification to the introductory paragraph for the 
revised GCCS design plan requirements, the EPA is clarifying that the 
landfill owner or operator would only need to submit a revised design 
plan if the initial design plan submitted under any of these subparts 
required changes.
    Third, the EPA is proposing to amend 40 CFR 60.762(b)(2) to clarify 
when an initial or revised GCCS design plan is required to be 
submitted. The EPA is proposing adding language to 40 CFR 
60.762(b)(2)(i) to clarify that the requirement to submit a collection 
or control system design plan can be met with either an initial or 
revised plan once the NMOC emission rate threshold is exceeded. The 
initial design plan is required to be submitted within 1 year of the 
first time a landfill exceeded the threshold of 34 Mg/yr of NMOC.
    Finally, to clarify the EPA's intent that the timing be linked to a 
landfill's emissions regardless of the specific subpart the report was 
submitted under, the EPA is also proposing to add language to 40 CFR 
60.762(b)(2)(ii)(A) to add NMOC emission rate reports submitted under 
any 40 CFR part 60 or 40 CFR part 62 MSW Landfills regulation, and not 
only a report submitted under the 2016 MSW Landfills NSPS.
    With these proposed amendments, the EPA intends to clarify that MSW 
landfills that become subject to the 2016 MSW Landfills NSPS due to 
modification but have already been required to submit a collection and 
control system under another MSW landfills regulation do not restart 
the 30-month compliance timeline for installation of an initial GCCS 
and do not need to duplicate previously submitted reports. Rather, 
these landfills should follow the pathway established for landfills to 
submit revised design plans and meet any applicable requirements that 
were not previously required by another subpart. Specifically, the 
proposed amendments should clarify: (1) Controlled landfills are those 
that already met requirements to install a GCCS under any of the 
promulgated MSW landfill regulations; (2) controlled landfills that 
have previously submitted initial NMOC emission rate reports do not 
need to resubmit the initial reports; (3) controlled landfills that 
have an operational GCCS do not need to resubmit annual NMOC reports; 
(4) controlled landfills do not need to resubmit initial design plans; 
(5) controlled landfills do need to submit revised design plans 90 days 
before expanding operations into an area not covered by a previously 
approved design plan, or prior to installing or expanding a system in a 
way inconsistent with the initial design plan; and (6) controlled 
landfills would be required to prepare a site-specific treatment system 
monitoring plan, as applicable.
    As noted above, some controlled landfills that have become subject 
to the requirements of the 2016 MSW Landfills NSPS have been allowed 30 
months to comply with the requirements of the rule. If the EPA 
finalized the proposed

[[Page 19182]]

amendments, 30 months will only be allowed for the initial installation 
of a GCCS for landfills newly subject to these rules. Controlled 
landfills will be expected to comply with operational, monitoring, 
reporting, and recordkeeping requirements immediately upon becoming 
subject to the 2016 MSW Landfills NSPS, unless an alternate timeline 
has been approved. These operational, monitoring, reporting, and 
recordkeeping requirements are substantively similar or the same as the 
requirements for these landfills under the MSW Landfills NESHAP. 
Landfills subject to the NESHAP must meet these requirements no later 
than September 27, 2021.
    The EPA requests comment on whether the proposed modifications to 
the 2016 MSW Landfills NSPS regulations adequately clarify the expected 
compliance deadlines for controlled landfills that become subject to 
the 2016 MSW Landfills NSPS through modification and/or whether other 
approaches are needed to align the timing provisions of the 2016 MSW 
Landfills NSPS with the timing provisions of the MSW Landfills NESHAP. 
The EPA is not otherwise reopening or accepting comments on any other 
aspects of the 2016 MSW Landfills NSPS not discussed in this proposal.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to OMB for review.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0505 for the NESHAP and OMB control number 2060-
0697 for the NSPS. The proposed revisions include technical corrections 
to the NESHAP and NSPS and do not pose any changes to the information 
collection burden for either.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden, or otherwise has a positive economic effect on the small 
entities subject to the rule. The small entities subject to the 
requirements of the NESHAP and NSPS may include private small business 
and small governmental jurisdictions that own or operate landfills, but 
the cost for complying are owned by a small entity. This action only 
proposes technical corrections to provisions from the March 26, 2020, 
final RTR rulemaking and clarifying amendments to the 2016 MSW 
Landfills NSPS and does not implement new requirements. We have, 
therefore, concluded that this action will have no net regulatory 
burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. Although state, 
local, or tribal governments own and operate landfills subject to these 
final amendments, this action proposes only technical corrections to 
provisions from the March 26, 2020, final RTR rulemaking and clarifying 
amendments to the 2016 MSW Landfills NSPS and there are no impacts 
resulting from this regulatory action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. As explained in the March 
26, 2020, final rule, the EPA previously identified one tribe that owns 
three landfills that are potentially subject to the MSW Landfills 
NESHAP. However, this action proposes only technical corrections to 
provisions from the March 26, 2020, final RTR rulemaking and clarifying 
amendments to the 2016 MSW Landfills NSPS and does not impose any new 
requirements on tribes.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is a 
technical correction to a previously promulgated regulatory action and 
does not have any impact on human health or the environment.

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations,

[[Page 19183]]

Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.
    For the reasons set forth in the preamble, the EPA proposes to 
amend 40 CFR parts 60 and 63 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XXX--Standards of Performance for Municipal Solid Waste 
Landfills That Commenced Construction, Reconstruction, or 
Modification After July 17, 2014

0
2. Amend section 60.761 by revising the definition of ``Controlled 
landfill'' to read as follows:


Sec.  60.761  Definitions.

* * * * *
    Controlled landfill means any landfill at which collection and 
control systems are required under this subpart as a result of the 
nonmethane organic compounds emission rate. The landfill is considered 
controlled at the time a collection and control system design plan is 
submitted in compliance with either Sec.  60.762(b)(2)(i), subpart WWW 
of this part, or a Federal plan or EPA-approved and effective state 
plan or tribal plan that implements either subpart Cc or Cf of this 
part, whichever regulation first required submission of a collection 
and control system design plan for the landfill.
* * * * *
0
3. Amend section 60.762 by revising paragraphs (b)(2)(i) and 
(b)(2)(ii)(A) to read as follows:


Sec.  60.762  Standards for air emissions from municipal solid waste 
landfills.

* * * * *
    (b) * * *
    (2) * * *
    (i) Calculated NMOC Emission Rate. Submit an initial or revised 
collection and control system design plan prepared by a professional 
engineer to the Administrator as specified in Sec.  60.767(c) or (d); 
calculate NMOC emissions using the next higher tier in Sec.  60.764; or 
conduct a surface emission monitoring demonstration using the 
procedures specified in Sec.  60.764(a)(6). The collection and control 
system must meet the requirements in paragraphs (b)(2)(ii) and (iii) of 
this section.
    (ii) * * *
    (A) The first annual report submitted under parts 60 or 62 of this 
subchapter 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 Sec.  60.767(c)(4); or
* * * * *
0
4. Amend section 60.767 by revising paragraph (d) introductory text to 
read as follows:


Sec.  60.767  Reporting requirements.

* * * * *
    (d) Revised design plan. The owner or operator who has already been 
required to submit a design plan under paragraph (c) of this section, 
subpart WWW of this part, or a Federal plan or EPA-approved and 
effective state plan or tribal plan that implements subparts Cc or Cf 
of this part, must submit a revised design plan to the Administrator 
for approval as follows:
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
5. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart AAAA--National Emission Standards for Hazardous Air 
Pollutants: Municipal Solid Waste Landfills

0
6. Amend section 63.1960 by revising paragraph (a)(4)(i) to read as 
follows:


Sec.  63.1960  Compliance provisions.

    (a) * * *
    (4) * * *
    (i) Once an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec.  63.1958(c)(1), the owner or operator must 
monitor each well monthly for temperature for the purpose of 
identifying whether excess air infiltration exists. If a well exceeds 
the operating parameter for temperature as provided in Sec.  
63.1958(c)(1), action must be initiated to correct the exceedance 
within 5 days. Any attempted corrective measure must not cause 
exceedances of other operational or performance standards.
* * * * *
0
7. Amend section 63.1961 by revising paragraph (a)(5)(vi) to read as 
follows:


Sec.  63.1961  Monitoring of operations.

    (a) * * *
    (5) * * *
    (vi) Monitor and determine carbon monoxide concentrations, as 
follows:
    (A) Collect the sample from the wellhead sampling port in a 
passivated canister or multi-layer foil gas sampling bag (such as the 
Cali-5-Bond Bag) and analyze that sample using EPA Method 10 of 
appendix A-4 to part 60 of this chapter, or an equivalent method with a 
detection limit of at least 100 ppmv of carbon monoxide in high 
concentrations of methane; or
    (B) Collect and analyze the sample from the wellhead using EPA 
Method 10 of appendix A-4 to part 60 of this chapter to measure carbon 
monoxide concentrations.
    (C) When sampling directly from the wellhead, you must sample for 5 
minutes plus twice the response time of the analyzer. These values must 
be recorded. The five 1-minute averages are then average to give you 
the carbon monoxide reading at the wellhead.
    (D) When collecting samples in a passivated canister or multi-layer 
foil sampling bag, you must sample for the period of time needed to 
assure that enough sample is collected to provide five (5) consecutive, 
1-minute samples during the analysis of the canister or bag contents, 
but no less than 5 minutes plus twice the response time of the 
analyzer. When analyzing canister or bag samples, the analysis will 
continue until a minimum of five (5) consecutive, 1-minute averages 
recorded by the data acquisition system differ by no more than 7 ppm. 
The five (5) consecutive, 1-minute averages are then averaged together 
to give you a carbon monoxide value from the wellhead.
* * * * *
0
8. Amend section 63.1975 by revising the introductory paragraph to read 
as follows:


Sec.  63.1975  How do I calculate the 3-hour block average used to 
demonstrate compliance?

    Before September 28, 2021, averages are calculated in the same way 
as they are calculated in Sec.  60.758(b)(2)(i) of this subchapter for 
average combustion temperature and Sec.  60.758(c) for 3-hour average 
combustion temperature for enclosed combustors), except that the data 
collected during the events listed in paragraphs (a) through (d) of 
this section are not to be included in any average computed under this 
subpart. Beginning no later than September 27, 2021, averages are 
calculated according to Sec.  63.1983(b)(2)(i) for average combustion 
temperature and Sec.  63.1983(c)(1)(i) for 3-hour average combustion 
temperature for enclosed combustors, except that the data collected 
during the event listed in

[[Page 19184]]

paragraph (a) of this section are not to be included in any average 
computed under this subpart.
* * * * *
0
9. Amend section 63.1985 by revising paragraph (c) to read as follows:


Sec.  63.1985  Who enforces this subpart?

* * * * *
    (c) The authorities that will not be delegated to state, local, or 
tribal agencies are as follows. Approval of alternatives to the 
emission standards in Sec. Sec.  63.1955 through 63.1962. Where this 
subpart references part 60, subpart WWW of this subchapter, the cited 
provisions will be delegated according to the delegation provisions of 
part 60, subpart WWW of this subchapter. For this subpart, the EPA also 
retains the authority to approve methods for determining the NMOC 
concentration in Sec.  63.1959(a)(3) and the method for determining the 
site-specific methane generation rate constant k in Sec.  
63.1959(a)(4).
0
10. Amend Table 1 to subpart AAAA of part 63 by:
0
a. Revising the entry ``Sec.  63.6(f)(1)'';
0
b. Removing the entries for ``Sec.  63.10(b)(vi)'' and ``Sec.  
63.10(b)(vii)-(xiv)'' and adding in their places ``Sec.  
63.10(b)(2)(vi)'' and``Sec.  63.10(b)(2)(vii)-(xiv)'', respectively; 
and
0
c. Revising the entry for ``Sec.  63.10(d)(3).''
    The revisions and additions read as follows:
* * * * *

         Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General Provisions to Subpart AAAA
----------------------------------------------------------------------------------------------------------------
                                                                              Applicable to
                                                           Applicable to     subpart AAAA  no
        Part 63 citation               Description          subpart AAAA        later than        Explanation
                                                         before  September    September 27,
                                                              28, 2021             2021
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.6(f)(1)..............  Exemption of            No...............  No...............
                                  nonopacity emission
                                  standards during SSM.
 
                                                  * * * * * * *
Sec.   63.10(b)(2)(vi).........  Recordkeeping for CMS   No \1\...........  Yes..............
                                  malfunctions.
Sec.   63.10(b)(2)(vii)-(xiv)..  Other Recordkeeping of  No \1\...........  Yes..............
                                  compliance
                                  measurements.
 
                                                  * * * * * * *
Sec.   63.10(d)(3).............  Reporting of visible    No \1\...........  No...............
                                  emission observations.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\Before September 28, 2021, this subpart requires affected facilities to follow part 60, subpart WWW of this
  subchapter, which incorporates the General Provisions of part 60 of this subchapter.

* * * * *

[FR Doc. 2021-07566 Filed 4-12-21; 8:45 am]
BILLING CODE 6560-50-P


