[Code of Federal Regulations]
[Title 40, Volume 6]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR60.33c]

[Page 109-110]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of 
Contents
 
Subpart Cc_Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills
 
Sec.  60.33c  Emission guidelines for municipal solid waste landfill 
emissions.

    (a) For approval, a State plan shall include control of MSW landfill 
emissions at each MSW landfill meeting the following three conditions:
    (1) The landfill has accepted waste at any time since November 8, 
1987, or has additional design capacity available for future waste 
deposition;
    (2) The landfill has a design capacity greater than or equal to 2.5 
million megagrams and 2.5 million cubic meters. 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 design capacity report; and
    (3) The landfill has a nonmethane organic compound emission rate of 
50 megagrams per year or more.
    (b) For approval, a State plan shall include the installation of a 
collection and control system meeting the conditions provided in Sec.  
60.752(b)(2)(ii) of this part at each MSW landfill meeting the 
conditions in paragraph (a) of this section. The State plan shall 
include a process for State review and approval of the site-specific 
design plans for the gas collection and control system(s).
    (c) For approval, a State plan shall include provisions for the 
control of collected MSW landfill emissions through the use of control 
devices meeting the requirements of paragraph (c)(1), (2), or (3) of 
this section, except as provided in Sec.  60.24.
    (1) An open flare designed and operated in accordance with the 
parameters established in Sec.  60.18; or
    (2) A control system designed and operated to reduce NMOC by 98 
weight percent; or

[[Page 110]]

    (3) An enclosed combustor designed and operated to reduce the outlet 
NMOC concentration to 20 parts per million as hexane by volume, dry 
basis at 3 percent oxygen, or less.
    (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 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.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998; 64 
FR 9261, Feb. 24, 1999]