AQ-2017-002 MCAQD SECTION 111DPLAN.PDF

PLAN FOR IMPLEMENTING
THE MUNICIPAL SOLID WASTE LANDFILLS
EMISSION GUIDELINES AND
COMPLIANCE TIMES
In Accordance with Section 111(d) of the Clean Air Act
and
40 CFR Part 60, Subpart B
May 2017

TABLE OF CONTENTS
Introduction
The Maricopa County Air Quality Department “MCAQD”) Section 111(d) Plan
Section I Identification of enforceable MCAQD mechanisms selected by the MCAQD
for implementing the EPA emission guidelines
Section II A demonstration of the MCAQD’s legal authority
Section III An inventory of existing municipal solid waste (“MSW”) landfills within
the jurisdiction of the MCAQD
Section IV An inventory of potential non-methane organic compounds (NMOC)
emissions from existing MSW landfills within the jurisdiction of the
MCAQD
Section V Emission standards for existing municipal solid waste landfills that are no
less stringent than those in the emission guidelines.
Section VI The MCAQD process, as stipulated in 40 CFR Part 60, Subpart Cf, for
review and approval of site-specific gas collection and control system
design plans
Section VII Compliance schedules, extending no later than 30 months after the date the
annual non-methane organic compound emission rate reaches or exceeds 34
megagrams (Mg) per year
Section VIII Testing, monitoring, recordkeeping, and reporting requirements
Section IX A record of public hearing(s) on the MCAQD Section 111(d) Plan
Section X Provision for annual MCAQD progress reports to the EPA on
implementation of the MCAQD Section 111(d) Plan
List of Tables
Table 1: MSW Landfills Located Within Maricopa County
Table 2: List of Active and Closed MSW Landfills Within the Jurisdiction of the
MCAQD that May be Subject to 40 CFR 60, Subparts Cf and XXX; and to Rule 321
Revisions
Table 3: LandGEM Summary of all Subject MSW Landfills Using Default (CAA, Arid)
Parameters for Inventory Year 2017
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List of Graphs
Graph 1: Changes in Typical LFG Composition after Waste Placement
Citations
Appendices
Appendix A: Maricopa County Air Pollution Control Regulations, Regulation III-Control
of Air Contaminants, Rule 321 (Municipal Solid Waste Landfills)
Appendix B: Maricopa County Air Pollution Control Regulations, Regulation III-Control
of Air Contaminants, Rule 360 (New Source Performance Standards)
Appendix C: Municipal Solid Waste Landfills, Volume 2: Summary of the Requirements
for Section 111(d) State Plans for Implementing the Municipal Solid Waste Landfills
Emission Guidelines
Appendix D: Clean Air Act Section 111(d)
Appendix E: 40 CFR Part 60, Subpart B-Adoption and Submittal of State Plans for
Designated Facilities
Appendix F: 40 CFR Part 60, Subpart Cc
Appendix G: 40 CFR Part 60, Subpart Cf
Appendix H: 40 CFR Part 60, Subpart WWW
Appendix I: 40 CFR Part 60 Subpart XXX
Appendix J: Key Elements of an Acceptable Section 111(d) State Plan
Appendix K: Public Notices
Appendix L: A Record of Public Hearing(s) on the MCAQD Section 111(d) Plan
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INTRODUCTION
On August 29, 2016, the U.S. Environmental Protection Agency (EPA) promulgated emission
guidelines for municipal solid waste (MSW) landfills under the Clean Air Act (CAA), Section
111 (Standards of Performance for New Stationary Sources).1 The emission guidelines set forth
specific mechanisms and requirements for controlling emissions of methane (with emission of
non-methane organic compounds (NMOCs) used as a proxy to aid in such control). The emission
guidelines are to be codified at Title 40 (Protection of Environment) of the Code of Federal
Regulations (CFR), Part 60 (Standards of Performance for New Stationary Sources), Subpart Cf
(Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills).2
CAA Section 111(d) and 40 CFR Part 60, Subpart Cf, Section 60.30(f)(b) require a State to
submit to the EPA a plan to implement the emission guidelines and compliance times for MSW
landfills. State plans submitted to the EPA must include elements described in the EPA
regulations, including 40 CFR Part 60, Subparts B (Adoption and Submittal of State Plans for
Designated Facilities)3 and Cf, as well as the elements listed in the EPA guidance document,
Municipal Solid Waste Landfills, Volume 2 (referred to as the “guidance document”).4 The
guidance document originally focused on the State plan development and approval process for
40 CFR Part 60, Subpart Cc (Emission Guidelines for Existing Municipal Solid Waste
Landfills).5 These same submittal requirements for 40 CFR Part 60, Subpart Cc, have been used
as the basis for preparing this plan (referred to as the “Section 111(d) Plan”) to comply with the
new emission guidelines as promulgated at 40 CFR 60, Subpart Cf.
The EPA requires any State Plan required by the CAA Section 111(d) to contain specific
elements. The EPA guidance document provided guidance to merge the specific requirements of
40 CFR Part 60, Subpart Cc and the general requirements of the CAA Section 111(d) elements
into a State Plan for MSW landfills. Using the information provided in these two documents, the
Maricopa County Air Quality Department (referred to as “the MCAQD”) identified the
following requirements to be included in the Section 111(d) Plan:
1) Identification of enforceable state mechanisms selected by the State for implementing
the EPA emission guidelines;
2) A demonstration of the State’s legal authority to carry out the Section 111(d) State
Plan as submitted;
3) An inventory of existing MSW landfills the State that are affected by the 40 CFR 60,
Subpart Cf emission guidelines. An existing MSW landfill may be active (currently
accepting waste or having additional capacity available to accept waste) or closed (no
longer accepting waste and permanently inactive);
4) An inventory of emissions from existing MSW landfills in the state that are affected by
the emission guidelines;
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5) Emission standards for existing MSW landfills that are no less stringent than those in
the emission guidelines;
6) The State process, as stipulated in 40 CFR Part 60, Subpart Cf, for review and
approval of site-specific gas collection and control system design plans;
7) Compliance schedules, extending no later than 30 months after the date the annual
non-methane organic compound emission rate reaches or exceeds 34 megagrams (Mg)
per year;
8) Testing, monitoring, recordkeeping, and reporting requirements;
9) A record of public hearing(s) on the State Plan; and
10) A provision for annual MCAQD progress reports to EPA on implementation of the
State Plan.
The remainder of this Section 111(d) Plan will describe how the MCAQD Section 111(d) Plan
meets each of the above requirements.
For the purposes of this Section 111(d) Plan, the MCAQD is considered a “State”. In 40 CFR
§60.2 (Definitions):
State means all non-Federal authorities, including local agencies, interstate associations,
and State-wide programs, that have delegated authority to implement: (1) The provisions
of this part; and/or (2) the permit program established under part 70 of this chapter. The
term State shall have its conventional meaning where clear from the context7.
“And/or” as used in the above definition, means that the term “state” includes local agencies that
have authority to implement either or both of the programs mentioned. The MCAQD has the
authority to implement both the provisions of 40 CFR 60 and the permit program established
under Part 70. In clause (1) of the definition, “this part” refers to the Part 60. The MCAQD has
delegation to administer the provisions of Part 608 and therefore qualifies under this clause. Part
70 consists of the requirements for state Title V programs. The MCAQD has delegated authority
(or more accurately, an approved program) under Title V and Part 709, and therefore qualifies
under this clause as well.
Concurrently on August 29, 2016, the EPA promulgated, under Section 111(b) of the Clean Air
Act,10 a New Source Performance Standard (NSPS) for new, modified, or reconstructed MSW
landfills. The NSPS is codified at 40 CFR Part 60, Subpart XXX (Standards of Performance for
Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or
Modification After July 17, 2014). The MCAQD Section 111(d) Plan does not address the
NSPS. The MCAQD will address the NSPS in a separate request to the EPA. That request will
encompass the updating of the MCAQD’s delegated authority from the EPA to administer NSPS
adopted by the EPA since July 1, 2016, including the NSPS for new, modified, and reconstructed
MSW landfills at 40 CFR Part 60, Subpart XXX.11 This NSPS will be incorporated by reference
at Maricopa County Air Pollution Control Regulations, Regulation III-Control of Air
Contaminants, Rule 360, (New Source Performance Standards).12
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Upon EPA approval of the MCAQD Section 111(d) Plan to implement the emission guidelines
and compliance times for MSW landfill as provided in 40 CFR 60, Subpart Cf, the MCAQD is
planning to revise the Maricopa County Air Pollution Control Regulations, Regulation III-
Control of Air Contaminants, Rule 321, (Municipal Solid Waste Landfills).13
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THE MARICOPA COUNTY AIR QUALITY DEPARTMENT SECTION 111(D) PLAN
Section I
Identification of enforceable MCAQD mechanisms selected by the MCAQD for
implementing the EPA emission guidelines. (40 CFR §60.24(a); 40 CFR §§60.33f,
34f, 35f, 36f, 37f, 38f, 39f, and 40f)
The MCAQD originally drafted and adopted Maricopa County Air Pollution Control
Regulations, Regulation III-Control of Air Contaminants, Rule 321 (Municipal Solid
Waste Landfills) on May 14, 1997, in response to the issuance of the Standards of
Performance for New Stationary Sources and Guidelines for Control of Existing Sources:
Municipal Solid Waste Landfills (40 CFR Part 60, Subpart Cc, 61 Fed. Reg. 9905, March
12, 1996). The MCAQD is planning to implement the new MSW landfill emission
guidelines (40 CFR Part 60, Subpart Cf, 81 Fed. Reg. 59332, August 29, 2016), with
appropriate revisions into a legally enforceable revised Rule 321 (Municipal Solid Waste
Landfills). The planned Rule 321 revisions will include the following:
 Emission guidelines for MSW landfills (40 CFR §60.26(a)(1) and 40 CFR
§60.33f)
 Operational standards for collection and control systems (40 CFR §60.26(a)(4)
and 40 CFR §60.34f)
 Test methods and procedures (40 CFR §60.24(b)(2) and 40 CFR §60.35f)
 Compliance provisions (40 CFR §60.26(a)(1) and 40 CFR §60.36f)
 Monitoring of operations (40 CFR §60.26(a)(4) and 40 CFR §60.37f)
 Reporting provisions (40 CFR §60.26(a)(4) and 40 CFR §60.38f)
 Recordkeeping provisions (40 CFR §60.26(a)(3) and 40 CFR §60.39f)
 Specifications for active collection systems (40 CFR §60.40f)
Section II
A demonstration of the MCAQD’s legal authority to carry out the Section 111(d)
State Plan as submitted. (40 CFR §60.26)
The MCAQD is planning to implement the new emission guidelines, 40 CFR Part 60,
Subpart Cf, for MSW landfills with appropriate revisions into a legally enforceable
revised Rule 321 (Municipal Solid Waste Landfills). The legal authority for the MCAQD
to carry out the Section 111(d) State Plan comes from both the code of federal regulations
(CFR) and the Arizona Revised Statutes (A.R.S.).
Federal Authority for the MCAQD to issue and administer rules:
Title 40: Protection of the Environment, Part 60-Standards of Performance for
New Stationary Sources,
§60.20, Applicability
§60.23, Adoption and Submittal of State Plans
§60.24, Emission standards and compliance schedules
§60.25, Emission inventories, source surveillance, reports
§60.26, Legal Authority
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Title 40: Protection of the Environment, Part 60-Standards of Performance for
New Stationary Sources, §60.4(d)(1) Arizona Delegation Status for New
Source Performance Standards For Arizona
Title 40: Protection of the Environment, Part 70-State Operating Permit Programs,
Appendix A to Part 70-Approval Status of State and Local Operating Permits
Programs, Arizona (b)(2)
Arizona Authority for the MCAQD to issue and administer rules:
Arizona Revised Statutes (A.R.S.) §49-112, County regulation; standards
Arizona Revised Statutes (A.R.S.) §49-474, County control boards
Arizona Revised Statutes (A.R.S.) §49-471.09, County rule or ordinance making
record
Arizona Revised Statutes (A.R.S.) §49-479, Rules; hearing
Arizona Revised Statutes (A.R.S.) §49-480, Permits; fees
The authority that establishes the procedure for the MCAQD rule adoption of a County
regulation is found in:
Arizona Revised Statutes (A.R.S.) §49-112, County regulation; standards
Arizona Revised Statutes (A.R.S.) §49-471.04, Notice of proposed rule or
ordinance making
Arizona Revised Statutes (A.R.S.) §49-474, County control boards
Arizona Revised Statutes (A.R.S.) §49-479, Rules; hearing
Arizona Revised Statutes (A.R.S.) §49-480, Permits; fees
The MCAQD will comply with the rule adoption process for the adoption of the revised
Rule 321 (Municipal Solid Waste Landfills).
Section III
An inventory of existing municipal solid waste landfills within the jurisdiction of the
MCAQD that are affected by the 40 CFR Part 60, Subpart Cf emission guidelines.
An existing landfill may be active (currently accepting waste or having additional
capacity available to accept waste) or closed (no longer accepting waste and
permanently inactive). (40 CFR 60.25(a) and (c))
An inventory of the existing MSW landfills within Maricopa County was conducted in
February and March 2017. There are a total of fifteen (15) landfills located within
Maricopa County. Of those, eleven (11) are MSW landfills that fall within the
jurisdiction of the MCAQD; and one (1) is an inert landfill that previously accepted
MSW. Three (3) MSW landfills are operated by the Salt River Pima-Maricopa and Fort
McDowell Indian Communities and fall under the jurisdiction of the U.S. Bureau of
Indian Affairs. The existing eleven (11) MSW landfills within the jurisdiction of the
MCAQD are:
State Route 85
Southwest Regional
Butterfield Station
Northwest Regional
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Glendale
Skunk Creek
27th Avenue
Queen Creek
Chandler (McQueen)
Cave Creek
19th Avenue
Table 1, below, provides a summary the landfills located within Maricopa County. The
table includes information on the current status of the landfill; amount of waste in place,
if known; if there is an active landfill gas collection and control system installed; and a
brief description of any applicable local and federal regulations.
Table 1: MSW Landfills Located Within Maricopa County
current active Is the MSW Landfill Subject to Local or Federal Regulations?
PN opened closed tons Mg GCCS?
State Route 85 V03002 2006 10,578,474 9,596,630 Yes - MSW landfill is active and permitted under Title V as per NSPS WWW.
Southwest Regional V97023 1997 11,897,793 10,793,496 Yes - MSW landfill is active and permitted under Title V as per NSPS WWW.
Butterfield Station V98003 1990 39,999,826 36,287,230 Yes - MSW landfill is active and permitted under Title V as per Rule 321.
Northwest Regional V97016 1983 18,353,468 16,649,985 Yes - MSW landfill is active and permitted under Title V as per Rule 321.
Glendale V97015 1973 10,972,913 9,954,459 Yes - MSW landfill is active and permitted under Title V as per Rule 321.
Skunk Creek V97019 1973 2005 16,122,650 14,626,221 Yes - MSW landfill retains a Title V permit as a closed MSW landfill under
- This closed MSW landfill recently relieved of Title V permitting as the
source was able to demonstrate the following as per Rule 321. Source is
now permitted under a NTV permit;
1. Landfill closed, no accepted waste after closure date with formal letter
27th Avenue 150058 1978 1995 10,791,000 9,789,430 Yes
(40 CFR 258.60),
2. GCCS in place for 15+ years,
3. Calculated NMOC < 50 Mg/yr on three successive tests. Source is
now permitted under a NTV permit;
- Closed prior to achieving 2.5 Mg waste in place, according to records.
Therefore it is standing department determination that no requirements
Chandler
020159 1976 2005 1,244,301 1,128,811 Yes apply due to the mass of waste-in-place is below the threshold. GCCS
(McQueen)
currently in operation is required as part of a RACT determination for this
source.
- Closed prior to achieving 2.5 Mg waste in place, according to records.
Therefore it is standing department determination that no requirements
Cave Creek 980398 1993 Yes apply due to the mass of waste-in-place is below the threshold. GCCS
currently in operation is required as part of a RACT determination for this
source.
- A former co-disposal "dump" site, this landfill has been recently delisted
as a SF site. Rule 321 may no longer be applied to this source under
19th Avenue 010048 1957 1979 Yes
RACT, but certain aspects may still be applicable. This landfill has
received no waste since 1979.
- This former MSW landfill last received waste in 2007. The MSW landfill
never installed a GCCS under NSPS WWW (and was fined). A Title V
permit under Rule 321 was finally issued for the source in 2012 (public
notice and EPA review completed). Tier 2 NMOC emisison rate
Queen Creek General 1972 2007 4,120,664 3,738,203 No calculations were performed in May, 2010 and in July, 2011. Results
indicated NMOC < 50 Mg/yr in both analyses. No further tests were
required at that time and the source has been permitted under a general,
NTV permit since 2013. No requirements relating to MSW landfill under
Parts 60 or 63 are currently considered applicable to this source.
- Not a MSW landfill. According to permitting records, the source is an
Lone Cactus 990066 1981 inert landfill, accepting only construction debris, landscaping debris and
no MSW.
- This MSW landfill is owned and operated by the Salt River Pima-
North Center Street - Maricopa and Fort McDowell Indian Communities, and resides on
designated land under the US Bureau of Indian Affairs.
- This MSW landfill is owned and operated by the Salt River Pima-
Salt River - Maricopa and Fort McDowell Indian Communities, and resides on
designated land under the US Bureau of Indian Affairs.
- This MSW landfill is owned and operated by the Salt River Pima-
Tri-Cities - Maricopa and Fort McDowell Indian Communities, and resides on
designated land under the US Bureau of Indian Affairs.
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Of the existing eleven (11) MSW landfills within the jurisdiction of the MCAQD, seven
(7) MSW landfills may be impacted by the planned revisions to Rule 321. These seven
MSW landfills are listed in Table 2 below. The right-hand column indicates the rules and
regulations that the MSW landfills are or may become subject to.
Table 2: List of Active and Closed MSW Landfills Within the Jurisdiction of the MCAQD that May
be Subject to 40 CFR 60, Subparts Cf and XXX; and to Rule 321 Revisions
current waste-in-place avg waste deposit active Subject to
opened closed* years tons Mg tpy Mg/yr GCCS? R321/Cc WWW R321/Cf XXX
State Route 85 2006 (2017) 11 10,578,474 9,596,630 881,540 799,719 Yes No Yes Yes No
Southwest Regional 1997 (2017) 20 11,897,793 10,793,496 566,562 513,976 Yes No Yes Yes No
Butterfield Station 1990 (2017) 27 39,999,826 36,287,230 1,428,565 1,295,973 Yes Yes No Yes No
Northwest Regional 1983 (2017) 34 18,353,468 16,649,985 524,385 475,714 Yes Yes No Yes No
Glendale 1973 (2017) 44 10,972,913 9,954,459 243,843 221,210 Yes Yes No Yes No
Skunk Creek 1973 2005 32 16,122,650 14,626,221 488,565 443,219 Yes Yes No Yes No
27th Avenue 1978 1995 17 10,791,000 9,789,430 599,500 543,857 Yes Yes No Yes No
* Closure year n/a for active landfills. 2017 is used as the inventory year for each instance in LandGEM
Section IV
An inventory of potential non-methane organic compounds (NMOC) emissions from
existing MSW landfills within the jurisdiction of the MCAQD that are likely to be
affected by the emission guidelines was prepared using the EPA LandGEM model.
LandGEM is based on a first-order decomposition rate equation for quantifying
emissions from the decomposition of landfilled waste in MSW landfills. (40 CFR
60.25(a) and (c))
The EPA regulations require a State Plan to provide an emissions inventory of the MSW
landfills that include an estimate of the NMOC emissions. The emission inventory must
estimate emissions of NMOC using guidance and methods provided by the EPA. The
emission inventory must be "correlated" with applicable emission standards. To
"correlate" the inventory with applicable emission standards, the inventory compares the
estimated emissions, as calculated per 40 CFR Part 60, Subpart Cc, with the calculated
emissions per 40 CFR Part 60, Subpart Cf.
Out of the eleven (11) MSW landfills within the jurisdiction of the MCAQD, there are
seven (7) that may be affected by the 40 CFR 60, Subpart Cf emission guidelines (Table
2 above). The MCAQD prepared an inventory of the potential NMOC emissions from the
following seven (7) MSW landfills:
State Route 85
Southwest Regional
Butterfield Station
Northwest Regional
Glendale
Skunk Creek
27th Avenue
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Table 3, below, provides a summary of all affected MSW landfills in Maricopa County,
and their emissions profiles based on the LandGEM model using arid climate CAA
defaults for each. Waste deposit data has been complied for all sources, and results are
taken from the 2017 inventory year, i.e., the current emissions as projected by LandGEM.
Table 3: LandGEM Summary of all Subject MSW Landfills Using Default (CAA, Arid) Parameters for
Inventory Year 2017
MODEL PARAMETERS (Arid)*
0.02 1/year = Methane Generation Rate, k 4,000 ppmv as hexane = NMOC Concentration
170 m³/Mg = Potential Methane Generation Capacity, Lo 50 % by volume = Methane Content
Gas / Pollutant State Route Southwest Butterfield Northwest Glendale Skunk 27th Avenue Totals (tpy)
85 Regional Station Regional Creek
Total landfill gas (LFG) 74,379 80,714 258,943 118,195 64,841 88,853 50,614 736,539
Methane 19,867 21,559 69,166 31,571 17,320 23,734 13,520 196,737
Carbon dioxide 54,512 59,154 189,776 86,624 47,522 65,120 37,095 539,801
Non-methanic organic compounds (NMOC) 854 927 2,973 1,357 744 1,020 581 8,456
* An "arid region" is defined as a region receiving less than 25 inches average annual rainfall.
The summary provided in Table 3, above, represents total estimated land fill gas (“LFG”)
produced in inventory year 2017 based on user entered data (these data include specific
waste acceptance each year as well as standard parameters). These estimated emissions of
NMOC for the inventory year 2017 are as provided in accordance with EPA regulations
as an emissions inventory for NMOC. Table 3 provides a summary of the 7 LandGEM
models, and yields a combined 8,456 tons of NMOC per year based on the use of “arid
region” parameters. The EPA defines an arid region as receiving fewer than 25 inches of
average annual rainfall. Per the 2017 US Climate Data14 the average annual precipitation
for the Phoenix area is 8.04 inches. Aridity is known to affect the biodegradation cycle of
a landfill, as landfills in arid regions are slower to graduate to Phase 4 of methanogenisis
and bio degradation than landfills in more humid climates. The graph below illustrates
the four stages of LFG generation;
Graph 1: Changes in Typical LFG Composition after Waste Placement15
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Phase 1 is a short-term phase characterized by both aerobic and anaerobic digestion.
Methane gas has not yet been generated.
Phase 2 is another relatively short-term phase where the landfill transitions from aerobic
to anaerobic conditions. Carbon dioxide approaches maximum emission rate. Methane
gas is not yet generated.
Phase 3 is the methanogenic unsteady phase where the production of methane gas is
increasing as the level of carbon dioxide starts to level off. Organic acids and hydrogen
gas are produced. This phase is typified by: production of organic volatile fatty acids (i.e.
acetic acid); generation of hydrogen (up to 20% by volume in the LFG) and CO2; pH
drop of the leachate due to the existence of the acids and CO2; high biochemical and
chemical oxygen demand. Methane gas production begins and increases during this
phase.
Phase 4 is the long-term anaerobic phase of methane gas generation.
LFG is typically split roughly equally between methane and carbon dioxide, with about
1% of non-methane organic compounds (NMOC). This constituency varies greatly from
region to region and with the relative age of the landfill and by the types of waste
deposited. Generally speaking, methane is a large emission from landfills, but there are
also significant amounts of NMOC and volatile organic compounds (VOC) which
directly impact ozone levels in the air shed and, consequently, a region’s achievement of
the NAAQS for ozone. All of these MSW landfills in Table 1 are considered non-co-
disposal, meaning no hazardous wastes have ever been accepted and the provisions of 40
CFR Parts 260 through 282 (RCRA) are not applicable. Therefore, EPA guidance
suggests that 39 percent of total NMOC may be considered a valid estimate of total
volatile organic compounds (“VOC”) of LFG, for potential to emit (PTE) purposes. Also,
each of these MSW landfills has a gas collection and control system (“GCCS”) in place
and operating according to the provisions of the NSPS and/or Rule 321. Therefore, the
majority of these organic emissions are combusted or otherwise controlled to
approximately a 98 percent (98%) efficiency rate. The EPA suggests a properly installed
GCCS will achieve rightly 75 percent capture, with 25 percent considered fugitive, as
these emissions defy capture methods.
Section V
Emission standards for existing municipal solid waste landfills that are no less
stringent than those in the emission guidelines. (40 CFR §60.24(b)(1), (c); and 40
CFR §§60.33f and 60.36f)
The EPA regulations require a State Plan to implement emission standards for existing
MSW landfills. The State emission standards must (with certain limited exceptions) be as
stringent as those required in the EPA emission guidelines. These guidelines set specific
requirements regarding the type of standards that a State must adopt, including: allowable
emission rates; emission levels at which a gas collection and control system must be
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installed; the characteristics and performance of the gas collection and control system;
methods to be used in determining whether a gas collection and control system complies
with performance requirements.
Maricopa County Air Pollution Control Regulation, Regulation III, Control of Air
Contaminants, Rule 321 (Municipal Solid Waste Landfills) was originally adopted by the
Maricopa County Board of Supervisors (“BOS”) on May 14, 1997. Rule 321
implemented the EPA’s new source performance standards (NSPS) for the Federal
Emission Guidelines for 40 CFR Part 60, Subpart Cc-Emission Guidelines and
Compliance Times for Municipal Solid Waste Landfills. (61 Fed. Reg. 9919, Mar. 12,
1996). Rule 321, Section 301 Standards of Performance For MSW Landfills states:
The federal standards of performance for municipal solid waste landfills set forth in
40 CFR Part 60, Subpart WWW is adopted as codified on July 1, 2016, and all
accompanying appendices, excluding 40 CFR 60.750, are adopted and incorporated
by reference with the amendments and revisions set forth in this section. This
adoption by reference includes no future editions or revisions. Each owner or operator
of an affected facility shall comply with the requirements of 40 CFR Part 60, Subpart
WWW as adopted and, where applicable, revised herein.
The MCAQD is planning to revise Rule 321 to reflect the requirements in 40 CFR Part
60, Subpart Cf (Emission Guidelines and Compliance Times for Municipal Solid Waste
Landfills) as promulgated August 29, 2016 (81 Fed. Reg. 59313) and 40 CFR Part 60,
Subpart XXX (Standards of Performance for Municipal Solid Waste Landfills That
Commenced Construction, Reconstruction, or Modification After July 17, 2014). The
planned revisions will include changing the applicability of the rule to “existing MSW
landfills that commenced construction, modification, or reconstruction on or before July
17, 2014” and changing the standards of performance re: collections and control system
design plan, design capacity report, and non-methane organic compound emission rate
report. The planned revisions to Rule 321 would not take effect should 40 CFR Part 60,
Subparts Cf and/or XXX be stayed, repealed, or rendered unenforceable or void as a
result of any action by a federal court, Congress, or a new final action by the EPA.
Section VI
The MCAQD process, as stipulated in 40 CFR Part 60, Subpart Cf, for review and
approval of site-specific gas collection and control system design plans. (40 CFR
§60.36f(d))
The EPA regulations require a State Plan to have a process for reviewing the gas
collection and control system design plans of specific existing MSW landfills when a
facility crosses the regulatory emissions threshold for installation of a gas collection and
control system.
The MCAQD is planning to revise Rule 321 to reflect the requirements in 40 CFR Part
60, Subpart Cf (Emission Guidelines and Compliance Times for Municipal Solid Waste
Landfills) as promulgated August 29, 2016 (81 Fed. Reg. 59313) and 40 CFR Part 60,
Subpart XXX (Standards of Performance for Municipal Solid Waste Landfills That
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Commenced Construction, Reconstruction, or Modification After July 17, 2014). The
planned revisions will include changing the applicability of the rule to “existing MSW
landfills that commenced construction, modification, or reconstruction on or before July
17, 2014” and changing the standards of performance re: collections and control system
design plan, design capacity report, and non-methane organic compound emission rate
report. The planned revisions to Rule 321 would not take effect should 40 CFR Part 60,
Subparts Cf and/or XXX be stayed, repealed, or rendered unenforceable or void as a
result of any action by a federal court, Congress, or a new final action by the EPA.
Section VII
Compliance schedules, extending no later than 30 months after the date the annual
non-methane organic compound emission rate reaches or exceeds 34 megagrams
(Mg) per year. (40 CFR §§60.24(a) and (e); and 40 CFR §60.32f)
The EPA regulations require a State Plan to implement emission standards for existing
MSW landfills. The State emission standards must (with certain limited exceptions) be as
stringent as those required in the EPA emission guidelines. These guidelines set specific
requirements regarding the type of standards that a State must adopt, including: allowable
emission rates; emission levels at which a gas collection and control system must be
installed; the characteristics and performance of the gas collection and control system;
methods to be used in determining whether a gas collection and control system complies
with performance requirements.
Maricopa County Air Pollution Control Regulation, Regulation III, Control of Air
Contaminants, Rule 321 (Municipal Solid Waste Landfills) was originally adopted by the
BOS on May 14, 1997. Rule 321 implemented the EPA’s new source performance
standards (NSPS) for the Federal Emission Guidelines for 40 CFR Part 60, Subpart Cc-
Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. (61
Fed. Reg. 9919, Mar. 12, 1996). Rule 321, Section 301 Standards of Performance For
MSW Landfills states:
The federal standards of performance for municipal solid waste landfills set forth in
40 CFR Part 60, Subpart WWW is adopted as codified on July 1, 2016, and all
accompanying appendices, excluding 40 CFR 60.750, are adopted and incorporated
by reference with the amendments and revisions set forth in this section. This
adoption by reference includes no future editions or revisions. Each owner or operator
of an affected facility shall comply with the requirements of 40 CFR Part 60, Subpart
WWW as adopted and, where applicable, revised herein.
The MCAQD is planning to revise Rule 321 to reflect the requirements in 40 CFR Part
60, Subpart Cf (Emission Guidelines and Compliance Times for Municipal Solid Waste
Landfills) as promulgated August 29, 2016 (81 Fed. Reg. 59313) and 40 CFR Part 60,
Subpart XXX (Standards of Performance for Municipal Solid Waste Landfills That
Commenced Construction, Reconstruction, or Modification After July 17, 2014). The
planned revisions will include changing the applicability of the rule to “existing MSW
landfills that commenced construction, modification, or reconstruction on or before July
17, 2014” and changing the standards of performance re: collections and control system
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design plan, design capacity report, and non-methane organic compound emission rate
report. The planned revisions to Rule 321 would not take effect should 40 CFR Part 60,
Subparts Cf and/or XXX be stayed, repealed, or rendered unenforceable or void as a
result of any action by a federal court, Congress, or a new final action by the EPA.
Section VIII
Testing, monitoring, recordkeeping, and reporting requirements. (40 CFR §60.25(b)
and 40 CFR §§60.34f, 60.35f, 60.37f, 60.38f, 60.39f and 60.40f)
The EPA regulations require a State Plan to provide for MSW landfill sources to conduct
testing, monitoring, recordkeeping, and reporting as called for by the EPA emission
guidelines.
The MCAQD is planning to revise Rule 321 to reflect the requirements in 40 CFR Part
60, Subpart Cf (Emission Guidelines and Compliance Times for Municipal Solid Waste
Landfills) as promulgated August 29, 2016 (81 Fed. Reg. 59313) and 40 CFR Part 60,
Subpart XXX (Standards of Performance for Municipal Solid Waste Landfills That
Commenced Construction, Reconstruction, or Modification After July 17, 2014). The
planned revisions will include changing the applicability of the rule to “existing MSW
landfills that commenced construction, modification, or reconstruction on or before July
17, 2014” and changing the standards of performance re: collections and control system
design plan, design capacity report, and non-methane organic compound emission rate
report. The planned revisions to Rule 321 would not take effect should 40 CFR Part 60,
Subparts Cf and/or XXX be stayed, repealed, or rendered unenforceable or void as a
result of any action by a federal court, Congress, or a new final action by the EPA.
Section IX
A record of public hearing(s) on the MCAQD Section 111(d) Plan. (40 CFR §60.23)
In adopting a State Plan, the EPA regulations require a State Plan submittal to
demonstrate compliance with federal requirements for a public hearing on a proposed
State Plan. These requirements are specified at 40 CFR § 60.23(c), (d), (e) and (f) and can
be found in Appendix K Proof of Public Notices and Appendix L A Record of Public
Hearing(s) on the MCAQD Plan of this document.
The MCAQD will hold a public hearing (40 CFR §60.23(c)) on the MCAQD Section
111(d) Plan after publishing a notice that provides at least 30 days prior to the date of
such hearing. The MCAQD’s record of public hearing(s) on the MCAQD Section 111(d)
Plan include the following.
1) Notice of the public hearing that appeared in the Arizona Business Gazette and The
Record Reporter, as well as evidence that the notice was circulated electronically to the
email list serve of the GovDelivery at least 30 days prior to the BOS hearing on adoption
of the MCAQD Section 111(d) Plan. These notices prominently advertised within
Phoenix and Maricopa County the date, time and place of the hearing. (40 CFR
§60.23(d)(1))
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2) Information in the above notices stated that a draft of the MCAQD Section 111(d) Plan
was made available for public inspection both at the MCAQD offices in Phoenix,
Arizona and via the internet. (40 CFR §60.23(d)(2))
3) The hearing documents included information that the notice of the hearing was
provided to the EPA Regional Administrator, local affected solid waste agencies, and the
Arizona Department of Environmental Quality. (40 CFR §60.23(d)(3) and (4))
4) The MCAQD will prepare and retain, for a minimum of 2 years, a record of each
hearing for inspection by any interested party. The record shall contain, as a minimum, a
list of witnesses together with the text of each presentation. (40 CFR §60.23(e))
5) A certified copy of the action taken by the BOS at a public hearing that includes a
transcript of the hearing, testimony and exhibits that were presented. (40 CFR §60.23(f))
Section X
Provision for annual MCAQD progress reports to the EPA on implementation of
the MCAQD Section 111(d) Plan. (40 CFR §§60.25(e) and (f))
The EPA regulations require states to submit annual progress reports on the progress of
Plan enforcement.
The MCAQD will submit annual progress reports to the EPA documenting the progress
of the MCAQD Section 111(d) Plan according to 40 CFR 60.25(e) and (f).
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CITATIONS
1 42 U.S.C. § 7411(d) [Appendix D]
2 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. 81 Fed. Reg.
59276 (August 29, 2016) (to be codified at 40 CFR Part 60, Subpart Cf). [Appendix G]
3 Adoption and Submittal of State Plans for Designated Facilities as codified in the Code of
Federal Regulations at 40 CF 60, Subpart B. 40 FR 53346, November 17, 1975. [Appendix E]
4 Municipal Solid Waste Landfills, Volume 2: Summary of Requirements for Section 111(d)
State Plans for Implementing the Municipal Solid Waste Landfill Emission Guidelines. United
States Environmental Protection Agency, Office of Air Quality, EPA-456R/98-009, November
1998. [Appendix C] Accessed February 13, 2017, at
https://nepis.epa.gov/Exe/ZyNET.exe/2000F3BG.TXT?ZyActionD=ZyDocument&Client=EPA
&Index=1995+Thru+1999&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestri
ct=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp
=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5C95thru99%
5CTxt%5C00000012%5C2000F3BG.txt&User=ANONYMOUS&Password=anonymous&Sort
Method=h%7C-
&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&D
isplay=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results
%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL
5 Emission Guidelines for Existing Municipal Solid Waste Landfills as codified in the Code of
Federal Regulations at Title 40, Part 60, Subpart Cc. 61 Fed. Reg. 9919 (March 12, 1996).
[Appendix F]
6 Arizona Revised Statues, Title 49-The Environment, Chapter 3 Air Quality, Article 3 County
Air Pollution Control, Section 49-479 Rules; hearing. (Accessed at
http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/49/00479.htm
January 6, 2017).
7 Title 40: Protection of the Environment; Part 60-Standards of Performance for New Stationary
Sources, Subpart A-General Provisions, §60.2 Definitions (Accessed March 14, 2017
athttp://www.ecfr.gov/cgi-bin/text-
idx?SID=9d8ef0ba362cc67f87fc6101ddd8d84f&mc=true&node=se40.7.60_12&rgn=div8).
8 Title 40: Protection of the Environment, Part 60-Standards of Performance for New Stationary
Sources, §60.4(d)(1) Arizona Delegation Status for New Source Performance Standards For
Arizona (Accessed March 14, 2017, at http://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=9d8ef0ba362cc67f87fc6101ddd8d84f&mc=true&n=sp40.7.60.a&r
=SUBPART&ty=HTML#se40.7.60_14 )
9 Title 40: Protection of the Environment, Part 70-State Operating Permit Programs, Appendix A
to Part 70-Approval Status of State and Local Operating Permits Programs, Arizona (b)(2)
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(Accessed March 14, 2017, at http://www.ecfr.gov/cgi-bin/text-
idx?SID=f54d20889fe7f0c09b16a90944e1e88f&mc=true&node=ap40.17.70_111.a&rgn=div9 )
10 42 U.S.C. § 7411(b)
11 The New Source Performance Standard for Municipal Solid Waste Landfills to be codified in
the Code of Federal Regulations at Title 40, Part 60, Subpart XXX. (81 Fed. Reg. 59332, August
29, 2016). [Appendix I]
12 Maricopa County Air Pollution Control Regulations, Regulation III-Control of Air
Contaminants, Rule 360, (New Source Performance Standards). Revised and adopted by the
Maricopa County Board of Supervisors on November 2, 2016. [Appendix B]
13 Maricopa County Air Pollution Control Regulations, Regulation III-Control of Air
Contaminants, Rule 321, (Municipal Solid Waste Landfills). Revised and adopted by the
Maricopa County Board of Supervisors on November 2, 2016. [Appendix A]
14 2017 US Climate Data, version 2.2. As accessed on March 20, 2017, at
http://www.usclimatedata.com/climate/phoenix/arizona/united-states/usaz0166
15 Figure adapted from ATSDR 2008. Chapter 2: Landfill Gas Basics. In Landfill Gas Primer -
An Overview for Environmental Health Professionals. Figure 2-1, pp. 5-6.
http://www.atsdr.cdc.gov/HAC/landfill/PDFs/Landfill_2001_ch2mod.pdf (PDF)
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APPENDICES
Appendix A: Maricopa County Air Pollution Control Regulations, Regulation III-Control of Air
Contaminants, Rule 321, (Municipal Solid Waste Landfills).
Appendix B: Maricopa County Air Pollution Control Regulations, Regulation III-Control of Air
Contaminants, Rule 360, (New Source Performance Standards).
Appendix C: Municipal Solid Waste Landfills, Volume 2: Summary of the Requirements for
Section 111(d) State Plans for Implementing the Municipal Solid Waste Landfills Emission
Guidelines.
Appendix D: Clean Air Act Section 111(d)
Appendix E: 40 CFR Part 60, Subpart B-Adoption and Submittal of State Plans for Designated
Facilities
Appendix F: 40 CFR Part 60, Subpart Cc
Appendix G: 40 CFR Part 60, Subpart Cf
Appendix H: 40 CFR Part 60, Subpart WWW
Appendix I: 40 CFR Part 60 Subpart XXX
Appendix J: Key Elements of an Acceptable Section 111(d) State Plan
Appendix K: Proof of Public Notices
Appendix L: A Record of Public Hearing(s) on The MCAQD Section 111(d) Plan.
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Appendix A
Maricopa County Air Pollution Control Regulations
Regulation III-Control of Air Contaminants
Rule 321
Municipal Solid Waste Landfills
As accessed February 14, 2017, at:
https://www.maricopa.gov/1951/Adopted-Rules
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MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 321
MUNICIPAL SOLID WASTE LANDFILLS
INDEX
SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
103 AVAILABILITY OF INFORMATION
SECTION 200 – DEFINITIONS
201 ADMINISTRATOR
202 AFFECTED FACILITY
203 COMMENCED
204 CONSTRUCTION
205 MODIFICATION
206 MUNICIPAL SOLID WASTE LANDFILL (MSW LANDFILL)
207 NMOC
208 OWNER OR OPERATOR
SECTION 300 – STANDARDS
301 STANDARDS OF PERFORMANCE FOR MSW LANDFILLS
302 DELAYED APPLICABILITY
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)
Adopted 05/14/1997; Revised 03/01/2000; Revised 03/07/2001; Revised 11/19/2003; Revised
03/15/2006; Revised 12/17/2008; Revised 09/16/2009; Revised 07/07/2010; Revised
08/17/2011; Revised 07/25/2012; Revised 03/26/2014; Revised 11/05/2014; Revised
11/18/2015; and Revised 11/02/2016.
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
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RULE 321
MUNICIPAL SOLID WASTE LANDFILLS
SECTION 100 – GENERAL
101 PURPOSE: To limit the emission of non-methane organic compounds from municipal solid
waste landfills.
102 APPLICABILITY: The provisions of this rule shall apply to each municipal solid waste
landfill for which construction, reconstruction, or modification commenced prior to May
30, 1991, and which has accepted waste at any time since November 8, 1987, or has
additional design capacity available for future waste deposition.
103 AVAILABILITY OF INFORMATION: Copies of 40 CFR Part 60, Subpart WWW –
Standards of Performance for Municipal Solid Waste Landfills, are available as listed:
a. Maricopa County Air Quality Department, 1001 N. Central Ave, Suite 125, Phoenix,
AZ, 85004.
b. Maricopa County Rules are available electronically at http://www.maricopa.gov/aq.
c. EPA documents are available electronically at
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
d. ASTM standards are available from ASTM International, 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428, or from its website at www.astm.org.
SECTION 200 – DEFINITIONS: See Rule 100 of these rules for definitions of terms that are
used but not specifically defined in this rule. For the purpose of this rule, the following
definitions shall apply, in addition to those definitions found in Rule 100 (General Provisions
and Definitions) of these rules. In the event of any inconsistency between any of the Maricopa
County air pollution control rules, the definitions in this rule take precedence.
201 ADMINISTRATOR: The Control Officer, except that the Control Officer shall not be
empowered to approve alternative or equivalent test methods.
202 AFFECTED FACILITY: Any municipal solid waste landfill to which this rule is
applicable.
203 COMMENCED: State or condition where an owner or operator has undertaken a
continuous program of construction; or where an owner or operator has entered into a
contractual obligation to undertake and complete such a program.
204 CONSTRUCTION: The fabrication, erection, or installation of an affected facility.
205 MODIFICATION: Any physical change in, or change in the method of operation of, an
affected facility which would result in a change in actual emissions.
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206 MUNICIPAL SOLID WASTE LANDFILL (MSW LANDFILL): An entire, publicly or
privately owned, disposal facility in a contiguous geographical space where household
waste is placed in or on land. Portions of a MSW landfill may be separated by access
roads.
207 NMOC: Non-methane organic compound.
208 OWNER OR OPERATOR: Any person who owns, leases, operates, controls, or
supervises an affected facility.
SECTION 300 – STANDARDS
301 STANDARDS OF PERFORMANCE FOR MSW LANDFILLS The federal standards of
performance for municipal solid waste landfills set forth in 40 CFR Part 60, Subpart
WWW is adopted as codified on July 1, 2016, and all accompanying appendices,
excluding 40 CFR 60.750, are adopted and incorporated by reference with the
amendments and revisions set forth in this section. This adoption by reference includes
no future editions or revisions. Each owner or operator of an affected facility shall
comply with the requirements of 40 CFR Part 60, Subpart WWW as adopted and, where
applicable, revised herein.
301.1 Collection and Control System Design Plan: 40 CFR 60.752(b)(2)(i) is amended
to read: “Submit a collection and control design plan prepared by a professional
engineer to the Administrator for approval not later than 12 months after submittal
of the initial NMOC emission rate report.”
301.2 Design Capacity Report: 40 CFR 60.757(a) is amended to read “Each owner or
operator of an affected facility shall submit an initial design capacity report to the
Administrator within 90 days from May 14, 1997.” 40 CFR 60.757(a)(1) is
deleted.
301.3 NMOC Emission Rate Report: 40 CFR 60.757(b) is amended to read “Each
owner or operator of an affected facility shall submit an NMOC emission rate
report to the Administrator initially and annually thereafter, except as provided for
in paragraphs (b)(1)(ii) or (b)(3) of this section. The Administrator may request
such additional information as may be necessary to verify the reported NMOC
emission rate.” 40 CFR 60.757(b)(1)(i) is amended to read: “The initial NMOC
emission rate report shall be submitted within 90 days from May 14, 1997 and
may be combined with the initial design capacity report required in paragraph (a)
of this section. Subsequent NMOC emission rate reports shall be submitted
annually thereafter, except as provided for in paragraphs (b)(1)(ii) and (b)(3) of
this section.”
302 DELAYED APPLICABILITY: For an affected facility that first becomes subject to the
collection and control system requirement of 40 CFR 60.752 after May 14, 1997, the
design plan shall be due not later than 12 months after submittal or scheduled submittal
of an NMOC emission rate report of 50 megagrams (55.12 tons) per year or more.
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SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)
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Appendix B
Maricopa County Air Pollution Control Regulations
Regulation III-Control of Air Contaminants
Rule 360
New Source Performance Standards
As accessed February 14, 2017, at:
https://www.maricopa.gov/DocumentCenter/View/5283
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MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 360
NEW SOURCE PERFORMANCE STANDARDS
INDEX
SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
103 AVAILABILITY OF INFORMATION
104 FEDERAL DELEGATION AUTHORITY
SECTION 200 – DEFINITIONS
201 ADMINISTRATOR
202 AFFECTED FACILITY
203 COMMENCED
204 CONSTRUCTION
205 MODIFICATION
206 OWNER OR OPERATOR
207 STANDARD
208 STATIONARY SOURCE
SECTION 300 – STANDARDS
301 ADOPTED FEDERAL STANDARDS
302 ADDITIONAL REQUIREMENTS
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)
Revised 07/13/1988; Revised 04/06/1992; Revised 11/20/1996; Revised 05/14/1997; Revised
08/19/1998; Revised 04/07/1999; Revised 03/01/2000; Revised 03/07/2001; Revised
11/19/2003; Revised 03/15/2006; Revised 12/17/2008; Revised 09/16/2009; Revised
07/07/2010; Revised 08/17/2011; Revised 07/25/2012; Revised 03/26/2014; Revised
11/05/2014; Revised 11/18/2015; and Revised 11/02/2016.
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
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REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 360
NEW SOURCE PERFORMANCE STANDARDS
SECTION 100 – GENERAL
101 PURPOSE: To establish acceptable design and performance criteria for specified new or
modified emission sources.
102 APPLICABILITY: The provisions of this rule apply to the owner or operator of any
stationary source which contains an affected facility on which the construction,
reconstruction, or a modification is commenced after the date of publication of any
standard applicable to such facility in 40 CFR Part 60 and for which federal delegation of
the implementation and enforcement of the standards to the Maricopa County Air Quality
Department (department) has been accomplished. Any such stationary source must also
comply with other Maricopa County Air Pollution Control Regulations.
103 AVAILABILITY OF INFORMATION: Copies of all 40 CFR, Part 60 revisions currently
enforced by the department are available as listed:
a. Maricopa County Air Quality Department, 1001 N. Central Ave, Suite 125, Phoenix,
AZ, 85004.
b. Maricopa County Rules are available electronically at http://www.maricopa.gov/aq.
c. EPA documents are available electronically at
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
d. ASTM standards are available from ASTM International, 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428, or from its website at www.astm.org.
104 FEDERAL DELEGATION AUTHORITY: The department shall enforce the federal new
source performance standards (NSPS) (40 CFR Part 60) listed in Section 300 of this rule
which have been delegated to the County by the United States Environmental Protection
Agency (EPA) for such enforcement. The department may, in addition, enforce such
other NSPS as delegated for such enforcement by the EPA to the County.
SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall
apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of
these rules. In the event of any inconsistency between any of the Maricopa County air pollution
control rules, the definitions in this rule take precedence.
201 ADMINISTRATOR: As used in Part 60, Title 40, Code of Federal Regulations, shall mean
the Control Officer, except that the Control Officer shall not be empowered to approve
alternate or equivalent test methods or alternative standards/work practices, or other
nondelegable authorities such as those listed in 40 CFR 60.4(d), except as specifically
provided in each subpart.
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202 AFFECTED FACILITY – With reference to a stationary source, any apparatus to which a
standard is applicable.
203 COMMENCED: With respect to the definition of "new source" in Section 111(a)(2) of the
Act, that an owner or operator has undertaken a continuous program of construction,
reconstruction, or modification or that an owner or operator has entered into a contracted
obligation to undertake and complete, within a reasonable time, a continuous program of
construction, reconstruction or modification.
204 CONSTRUCTION: The fabrication, erection, or installation of an affected facility.
205 MODIFICATION: Any physical change in, or change in the method of operation of, an
existing facility which increases the amount of any contaminant (to which a standard
applies) emitted into the atmosphere by that facility or which results in the emission of
any air contaminant (to which a standard applies) into the atmosphere not previously
emitted.
206 OWNER OR OPERATOR: Any person who owns, leases, operates, controls, or
supervises an affected facility or a stationary source of which an affected facility is a part.
207 STANDARD: A standard of performance promulgated under this rule.
208 STATIONARY SOURCE: Any building, structure, facility, or installation which emits or
may emit any air pollutant.
SECTION 300 – STANDARDS
301 ADOPTED FEDERAL STANDARDS: The following federal regulations located in the
U.S. Code of Federal Regulations, Part 60 of Title 40, Subchapter C (CFR) as codified on
July 1, 2016, are herein incorporated by reference in Maricopa County’s Air Pollution
Control Regulations. This incorporation by reference includes no future editions or
amendments. Each owner or operator subject to the requirements of the following
subparts shall comply with the requirements of those subparts and the additional
requirements set forth herein. Incorporation by reference does not include nondelegable
functions of the EPA Administrator.
301.1 Subpart A—General Provisions; exclude any sections dealing with equivalency
determinations or innovative technology waivers, as covered in Sections
111(h)(3) and 111(j) respectively of the Clean Air Act.
301.2 Subpart D—Standards of Performance for Fossil-Fuel-Fired Steam Generators for
which Construction is Commenced after August 17, 1971.
301.3 Subpart Da—Standards of Performance for Electric Utility Steam Generating
Units for which Construction is Commenced after September 18, 1978.
301.4 Subpart Db—Standards of Performance for Industrial-Commercial-Institutional
Steam Generating Units.
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301.5 Subpart Dc—Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units.
301.6 Subpart E—Standards of Performance for Incinerators.
301.7 Subpart Ea—Standards of Performance for Municipal Waste Combustors for
which Construction is Commenced after December 20, 1989 and on or before
September 20, 1994.
301.8 Subpart Eb—Standards of Performance for Large Municipal Waste Combustors
for which Construction is Commenced after September 20, 1994 or for which
Modification or Reconstruction is Commenced after June 19, 1996.
301.9 Subpart Ec—Standards of Performance for Hospital/Medical/Infectious Waste
Incinerators for which Construction is Commenced after June 20, 1996.
301.10 Subpart F—Standards of Performance for Portland Cement Plants.
301.11 Subpart G—Standards of Performance for Nitric Acid Plants.
301.12 Subpart Ga—Standards of Performance for Nitric Acid Plants for Which
Construction, Reconstruction, or Modification Commenced After October 14,
2011.
301.13 Subpart H—Standards of Performance for Sulfuric Acid Plants.
301.14 Subpart I—Standards of Performance for Hot Mix Asphalt Facilities.
301.15 Subpart J—Standards of Performance for Petroleum Refineries.
301.16 Subpart Ja—Standards of Performance for Petroleum Refineries for which
Construction, Reconstruction, or Modification Commenced after May 14, 2007.
301.17 Subpart K—Standards of Performance for Storage Vessels for Petroleum
Liquids for which Construction, Reconstruction, or Modification Commenced
after June 11, 1973, and prior to May 19, 1978.
301.18 Subpart Ka—Standards of Performance for Storage Vessels for Petroleum
Liquids for which Construction, Reconstruction, or Modification Commenced
after May 18, 1978, and prior to July 23, 1984.
301.19 Subpart Kb—Standards of Performance for Volatile Organic Liquid Storage
Vessels (Including Petroleum Liquid Storage Vessels) for which Construction,
Reconstruction, or Modification Commenced after July 23, 1984.
301.20 Subpart L—Standards of Performance for Secondary Lead Smelters.
301.21 Subpart M—Standards of Performance for Secondary Brass and Bronze
Production Plants.
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301.22 Subpart N—Standards of Performance for Primary Emissions from Basic
Oxygen Process Furnaces for which Construction Commenced after June 11,
1973.
301.23 Subpart Na—Standards of Performance for Secondary Emissions from Basic
Oxygen Process Steelmaking Facilities for which Construction Commenced after
January 20, 1983.
301.24 Subpart O—Standards of Performance for Sewage Treatment Plants.
301.25 Subpart P—Standards of Performance for Primary Copper Smelters.
301.26 Subpart Q—Standards of Performance for Primary Zinc Smelters.
301.27 Subpart R—Standards of Performance for Primary Lead Smelters.
301.28 Subpart S—Standards of Performance for Primary Aluminum Reduction Plants.
301.29 Subpart T—Standards of Performance for the Phosphate Fertilizer Industry:
Wet-Process Phosphoric Acid Plants.
301.30 Subpart U—Standards of Performance for the Phosphate Fertilizer Industry:
Superphosphoric Acid Plants.
301.31 Subpart V—Standards of Performance for the Phosphate Fertilizer Industry:
Diammonium Phosphate Plants.
301.32 Subpart W—Standards of Performance for the Phosphate Fertilizer Industry:
Triple Superphosphate Plants.
301.33 Subpart X—Standards of Performance for the Phosphate Fertilizer Industry:
Granular Triple Superphosphate Storage Facilities.
301.34 Subpart Y—Standards of Performance for Coal Preparation and Processing
Plants.
301.35 Subpart Z—Standards of Performance for Ferroalloy Production Facilities.
301.36 Subpart AA—Standards of Performance for Steel Plants: Electric Arc Furnaces
Constructed after October 21, 1974, and on or before August 17, 1983.
301.37 Subpart AAa—Standards of Performance for Steel Plants: Electric Arc Furnaces
and Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983.
301.38 Subpart BB—Standards of Performance for Kraft Pulp Mills.
301.39 Subpart BBa— Standards of Performance for Kraft Pulp Mill Affected Sources
for Which Construction, Reconstruction, or Modification Commenced After May
23, 2013.
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301.40 Subpart CC—Standards of Performance for Glass Manufacturing Plants.
301.41 Subpart DD—Standards of Performance for Grain Elevators.
301.42 Subpart EE—Standards of Performance for Surface Coating of Metal Furniture.
301.43 Subpart FF—(Reserved)
301.44 Subpart GG—Standards of Performance for Stationary Gas Turbines.
301.45 Subpart HH—Standards of Performance for Lime Manufacturing Plants.
301.46 Subpart II—(Reserved)
301.47 Subpart JJ—(Reserved)
301.48 Subpart KK—Standards of Performance for Lead-Acid Battery Manufacturing
Plants.
301.49 Subpart LL—Standards of Performance for Metallic Mineral Processing Plants.
301.50 Subpart MM—Standards of Performance for Automobile and Light Duty Truck
Surface Coating Operations.
301.51 Subpart NN—Standards of Performance for Phosphate Rock Plants.
301.52 Subpart OO—(Reserved)
301.53 Subpart PP—Standards of Performance for Ammonium Sulfate Manufacture.
301.54 Subpart QQ—Standards of Performance for the Graphic Arts Industry:
Publication Rotogravure Printing.
301.55 Subpart RR—Standards of Performance for Pressure Sensitive Tape and Label
Surface Coating Operations.
301.56 Subpart SS—Standards of Performance for Industrial Surface Coating: Large
Appliances.
301.57 Subpart TT—Standards of Performance for Metal Coil Surface Coating.
301.58 Subpart UU—Standards of Performance for Asphalt Processing and Asphalt
Roofing Manufacture.
301.59 Subpart VV—Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry for which Construction,
Reconstruction, or Modification Commenced after January 5, 1981, and on or
before November 7, 2006.
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301.60 Subpart VVa—Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry for which Construction,
Reconstruction, or Modification Commenced after November 7, 2006.
301.61 Subpart WW—Standards of Performance for the Beverage Can Surface Coating
Industry.
301.62 Subpart XX—Standards of Performance for Bulk Gasoline Terminals.
301.63 Subpart YY—(Reserved)
301.64 Subpart ZZ—(Reserved)
301.65 Subpart AAA—Standards of Performance for New Residential Wood Heaters.
301.66 Subpart BBB—Standards of Performance for the Rubber Tire Manufacturing
Industry.
301.67 Subpart CCC—(Reserved)
301.68 Subpart DDD—Standards of Performance for Volatile Organic Compound
(VOC) Emissions from the Polymer Manufacturing Industry.
301.69 Subpart EEE—(Reserved)
301.70 Subpart FFF—Standards of Performance for Flexible Vinyl and Urethane
Coating and Printing.
301.71 Subpart GGG—Standards of Performance for Equipment Leaks of VOC in
Petroleum Refineries for which Construction, Reconstruction, or Modification
Commenced after January 4, 1983, and on or before November 7, 2006.
301.72 Subpart GGGa—Standards of Performance for Equipment Leaks of VOC in
Petroleum Refineries for which Construction, Reconstruction, or Modification
Commenced after November 7, 2006.
301.73 Subpart HHH—Standards of Performance for Synthetic Fiber Production
Facilities.
301.74 Subpart III—Standards of Performance for Volatile Organic Compound (VOC)
Emissions from the Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Air Oxidation Unit Processes.
301.75 Subpart JJJ—Standards of Performance for Petroleum Dry Cleaners.
301.76 Subpart KKK—Standards of Performance for Equipment Leaks of VOC from
Onshore Natural Gas Processing Plants.
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301.77 Subpart LLL—Standards of Performance for Onshore Natural Gas Processing:
SO2 Emissions.
301.78 Subpart MMM—(Reserved)
301.79 Subpart NNN—Standards of Performance for Volatile Organic Compound
(VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Distillation Operations.
301.80 Subpart OOO—Standards of Performance for Nonmetallic Mineral Processing
Plants.
301.81 Subpart PPP—Standard of Performance for Wool Fiberglass Insulation
Manufacturing Plants.
301.82 Subpart QQQ—Standards of Performance for VOC Emissions from Petroleum
Refinery Wastewater Systems.
301.83 Subpart RRR—Standards of Performance for Volatile Organic Compound
(VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Reactor Processes.
301.84 Subpart SSS—Standards of Performance for Magnetic Tape Coating Facilities.
301.85 Subpart TTT—Standards of Performance for Industrial Surface Coating: Surface
Coating of Plastic Parts for Business Machines.
301.86 Subpart UUU—Standards of Performance for Calciners and Dryers in Mineral
Industries.
301.87 Subpart VVV—Standards of Performance for Polymeric Coating of Supporting
Substrates Facilities.
301.88 Subpart WWW—Standards of Performance for Municipal Solid Waste
Landfills.
301.89 Subpart XXX—(Reserved)
301.90 Subpart YYY—(Reserved)
301.91 Subpart ZZZ—(Reserved)
301.92 Subpart AAAA—Standards of Performance for Small Municipal Waste
Combustion Units for which Construction is Commenced after August 30, 1999
or for which Modification or Reconstruction is Commenced after June 6, 2001.
301.93 Subpart CCCC—Standards of Performance for Commercial and Industrial Solid
Waste Incineration Units for which Construction is Commenced after November
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30, 1999 or for which Modification or Reconstruction is Commenced on or after
June 1, 2001.
301.94 Subpart EEEE—Standards of Performance for Other Solid Waste Incineration
Units for which Construction is Commenced after December 9, 2004, or for
which Modification or Reconstruction is Commenced on or after June 16, 2006.
301.95 Subpart GGGG—(Reserved)
301.96 Subpart HHHH—(Reserved)
301.97 Subpart IIII—Standards of Performance for Stationary Compression Ignition
Internal Combustion Engines.
301.98 Subpart JJJJ—Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines.
301.99 Subpart KKKK—Standards of Performance for Stationary Combustion
Turbines.
301.100 Subpart LLLL—Standards of Performance for New Sewage Sludge
Incineration Units.
301.101 Subpart NNNN—(Reserved)
301.102 Subpart OOOO—Standards for Crude Oil and Natural Gas Production,
Transmission and Distribution.
301.103 Subpart PPPP—(Reserved)
301.104 Subpart QQQQ—Standards of Performance for New Residential Hydronic
Heaters and Forced-Air Furnaces.
301.105 Subpart RRRR—(Reserved)
301.106 Subpart SSSS—(Reserved)
301.107 Subpart TTTT—Standards of Performance for Greenhouse Gas Emissions for
Electric Generating Units
302 ADDITIONAL REQUIREMENTS: From the general standards identified in Section 301
of this rule, delete 40 CFR 60.4, §60.5, and §60.6. All requests, reports, applications,
submittals, and other communications to the Control Officer pursuant to this rule shall be
submitted to the Maricopa County Air Quality Department, 1001 N. Central Ave., Suite
125, Phoenix, AZ, 85004.
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)
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Appendix C
Municipal Solid Waste Landfills, Volume 2: Summary of the Requirements for Section 111(d)
State Plans for Implementing the Municipal Solid Waste Landfills Emission Guidelines.
As accessed February 14, 2017, at:
https://nepis.epa.gov/Exe/ZyNET.exe/2000F3BG.TXT?ZyActionD=ZyDocument&Client=EPA
&Index=1995+Thru+1999&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestri
ct=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp
=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5C95thru99%
5CTxt%5C00000012%5C2000F3BG.txt&User=ANONYMOUS&Password=anonymous&Sort
Method=h%7C-
&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&D
isplay=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results
%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL
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Appendix D
Clean Air Act Section 111(d)
And
42 U.S.C. §7411
Standards of Performance for New Stationary Sources
As accessed February 14, 2017, at:
https://www.gpo.gov/fdsys/pkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85-
subchapI-partA-sec7411.htm
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Clean Air Act Section 111(d)
And
42 U.S.C. §7411
Standards of Performance for New Stationary Sources
(d) Standards of performance for existing sources; remaining useful life of source
(1) The Administrator shall prescribe regulations which shall establish a procedure similar to
that provided by section 7410 of this title under which each State shall submit to the
Administrator a plan which (A) establishes standards of performance for any existing source for
any air pollutant (i) for which air quality criteria have not been issued or which is not included on
a list published under section 7408(a) of this title or emitted from a source category which is
regulated under section 7412 of this title but (ii) to which a standard of performance under this
section would apply if such existing source were a new source, and (B) provides for the
implementation and enforcement of such standards of performance. Regulations of the
Administrator under this paragraph shall permit the State in applying a standard of performance
to any particular source under a plan submitted under this paragraph to take into consideration,
among other factors, the remaining useful life of the existing source to which such standard
applies.
(2) The Administrator shall have the same authority—
(A) to prescribe a plan for a State in cases where the State fails to submit a
satisfactory plan as he would have under section 7410(c) of this title in the case of
failure to submit an implementation plan, and
(B) to enforce the provisions of such plan in cases where the State fails to enforce
them as he would have under sections 7413 and 7414 of this title with respect to an
implementation plan.
In promulgating a standard of performance under a plan prescribed under this paragraph, the
Administrator shall take into consideration, among other factors, remaining useful lives of the
sources in the category of sources to which such standard applies.
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Appendix E
40 CFR 60, Subpart B
Adoption and Submittal of State Plans for Designated Facilities
As accessed February 14, 2017, at:
http://www.ecfr.gov/cgi-bin/text-
idx?SID=9e520e5fb02f99b601dd36ef7e3a700f&mc=true&node=sp40.7.60.b&rgn=div6
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40 CFR Part 60, Subpart B—Adoption and Submittal of State Plans for Designated
Facilities
SOURCE: 40 FR 53346, Nov. 17, 1975, unless otherwise noted.
§60.20 Applicability.
The provisions of this subpart apply to States upon publication of a final guideline
document under §60.22(a).
§60.21 Definitions.
Terms used but not defined in this subpart shall have the meaning given them in the Act and
in subpart A:
(a) Designated pollutant means any air pollutant, the emissions of which are subject to a
standard of performance for new stationary sources, but for which air quality criteria have not
been issued and that is not included on a list published under section 108(a) or section
112(b)(1)(A) of the Act.
(b) Designated facility means any existing facility (see §60.2(aa)) which emits a designated
pollutant and which would be subject to a standard of performance for that pollutant if the
existing facility were an affected facility (see §60.2(e)).
(c) Plan means a plan under section 111(d) of the Act which establishes emission standards
for designated pollutants from designated facilities and provides for the implementation and
enforcement of such emission standards.
(d) Applicable plan means the plan, or most recent revision thereof, which has been
approved under §60.27(b) or promulgated under §60.27(d).
(e) Emission guideline means a guideline set forth in subpart C of this part, or in a final
guideline document published under §60.22(a), which reflects the degree of emission reduction
achievable through the application of the best system of emission reduction which (taking into
account the cost of such reduction) the Administrator has determined has been adequately
demonstrated for designated facilities.
(f) Emission standard means a legally enforceable regulation setting forth an allowable rate
of emissions into the atmosphere, establishing an allowance system, or prescribing equipment
specifications for control of air pollution emissions.
(g) Compliance schedule means a legally enforceable schedule specifying a date or dates by
which a source or category of sources must comply with specific emission standards contained in
a plan or with any increments of progress to achieve such compliance.
(h) Increments of progress means steps to achieve compliance which must be taken by an
owner or operator of a designated facility, including:
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(1) Submittal of a final control plan for the designated facility to the appropriate air
pollution control agency;
(2) Awarding of contracts for emission control systems or for process modifications, or
issuance of orders for the purchase of component parts to accomplish emission control or process
modification;
(3) Initiation of on-site construction or installation of emission control equipment or process
change;
(4) Completion of on-site construction or installation of emission control equipment or
process change; and
(5) Final compliance.
(i) Region means an air quality control region designated under section 107 of the Act and
described in part 81 of this chapter.
(j) Local agency means any local governmental agency.
[40 FR 53346, Nov. 17, 1975, as amended at 70 FR 28649, May 18, 2005; 77 FR 9447, Feb. 16,
2012]
§60.22 Publication of guideline documents, emission guidelines, and final compliance
times.
(a) Concurrently upon or after proposal of standards of performance for the control of a
designated pollutant from affected facilities, the Administrator will publish a draft guideline
document containing information pertinent to control of the designated pollutant form designated
facilities. Notice of the availability of the draft guideline document will be published in the
FEDERAL REGISTER and public comments on its contents will be invited. After consideration of
public comments and upon or after promulgation of standards of performance for control of a
designated pollutant from affected facilities, a final guideline document will be published and
notice of its availability will be published in the FEDERAL REGISTER.
(b) Guideline documents published under this section will provide information for the
development of State plans, such as:
(1) Information concerning known or suspected endangerment of public health or welfare
caused, or contributed to, by the designated pollutant.
(2) A description of systems of emission reduction which, in the judgment of the
Administrator, have been adequately demonstrated.
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(3) Information on the degree of emission reduction which is achievable with each system,
together with information on the costs and environmental effects of applying each system to
designated facilities.
(4) Incremental periods of time normally expected to be necessary for the design,
installation, and startup of identified control systems.
(5) An emission guideline that reflects the application of the best system of emission
reduction (considering the cost of such reduction) that has been adequately demonstrated for
designated facilities, and the time within which compliance with emission standards of
equivalent stringency can be achieved. The Administrator will specify different emission
guidelines or compliance times or both for different sizes, types, and classes of designated
facilities when costs of control, physical limitations, geographical location, or similar factors
make subcategorization appropriate. (6) Such other available information as the Administrator
determines may contribute to the formulation of State plans.
(c) Except as provided in paragraph (d)(1) of this section, the emission guidelines and
compliance times referred to in paragraph (b)(5) of this section will be proposed for comment
upon publication of the draft guideline document, and after consideration of comments will be
promulgated in subpart C of this part with such modifications as may be appropriate.
(d)(1) If the Administrator determines that a designated pollutant may cause or contribute to
endangerment of public welfare, but that adverse effects on public health have not been
demonstrated, he will include the determination in the draft guideline document and in the
FEDERAL REGISTER notice of its availability. Except as provided in paragraph (d)(2) of this
section, paragraph (c) of this section shall be inapplicable in such cases.
(2) If the Administrator determines at any time on the basis of new information that a prior
determination under paragraph (d)(1) of this section is incorrect or no longer correct, he will
publish notice of the determination in the FEDERAL REGISTER, revise the guideline document as
necessary under paragraph (a) of this section, and propose and promulgate emission guidelines
and compliance times under paragraph (c) of this section.
[40 FR 53346, Nov. 17, 1975, as amended at 54 FR 52189, Dec. 20, 1989]
§60.23 Adoption and submittal of State plans; public hearings.
(a)(1) Unless otherwise specified in the applicable subpart, within 9 months after notice of
the availability of a final guideline document is published under §60.22(a), each State shall adopt
and submit to the Administrator, in accordance with §60.4 of subpart A of this part, a plan for the
control of the designated pollutant to which the guideline document applies.
(2) Within nine months after notice of the availability of a final revised guideline document
is published as provided in §60.22(d)(2), each State shall adopt and submit to the Administrator
any plan revision necessary to meet the requirements of this subpart.
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(b) If no designated facility is located within a State, the State shall submit a letter of
certification to that effect to the Administrator within the time specified in paragraph (a) of this
section. Such certification shall exempt the State from the requirements of this subpart for that
designated pollutant.
(c)(1) Except as provided in paragraphs (c)(2) and (c)(3) of this section, the State shall,
prior to the adoption of any plan or revision thereof, conduct one or more public hearings within
the State on such plan or plan revision.
(2) No hearing shall be required for any change to an increment of progress in an approved
compliance schedule unless the change is likely to cause the facility to be unable to comply with
the final compliance date in the schedule.
(3) No hearing shall be required on an emission standard in effect prior to the effective date
of this subpart if it was adopted after a public hearing and is at least as stringent as the
corresponding emission guideline specified in the applicable guideline document published
under §60.22(a).
(d) Any hearing required by paragraph (c) of this section shall be held only after reasonable
notice. Notice shall be given at least 30 days prior to the date of such hearing and shall include:
(1) Notification to the public by prominently advertising the date, time, and place of such
hearing in each region affected;
(2) Availability, at the time of public announcement, of each proposed plan or revision
thereof for public inspection in at least one location in each region to which it will apply;
(3) Notification to the Administrator;
(4) Notification to each local air pollution control agency in each region to which the plan
or revision will apply; and
(5) In the case of an interstate region, notification to any other State included in the region.
(e) The State shall prepare and retain, for a minimum of 2 years, a record of each hearing
for inspection by any interested party. The record shall contain, as a minimum, a list of witnesses
together with the text of each presentation.
(f) The State shall submit with the plan or revision:
(1) Certification that each hearing required by paragraph (c) of this section was held in
accordance with the notice required by paragraph (d) of this section; and
(2) A list of witnesses and their organizational affiliations, if any, appearing at the hearing
and a brief written summary of each presentation or written submission.
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(g) Upon written application by a State agency (through the appropriate Regional Office),
the Administrator may approve State procedures designed to insure public participation in the
matters for which hearings are required and public notification of the opportunity to participate
if, in the judgment of the Administrator, the procedures, although different from the requirements
of this subpart, in fact provide for adequate notice to and participation of the public. The
Administrator may impose such conditions on his approval as he deems necessary. Procedures
approved under this section shall be deemed to satisfy the requirements of this subpart regarding
procedures for public hearings.
[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995]
§60.24 Emission standards and compliance schedules.
(a) Each plan shall include emission standards and compliance schedules.
(b) (1) Emission standards shall either be based on an allowance system or prescribe
allowable rates of emissions except when it is clearly impracticable. Such cases will be identified
in the guideline documents issued under §60.22. Where emission standards prescribing
equipment specifications are established, the plan shall, to the degree possible, set forth the
emission reductions achievable by implementation of such specifications, and may permit
compliance by the use of equipment determined by the State to be equivalent to that prescribed.
(2) Test methods and procedures for determining compliance with the emission standards
shall be specified in the plan. Methods other than those specified in appendix A to this part may
be specified in the plan if shown to be equivalent or alternative methods as defined in §60.2 (t)
and (u).
(3) Emission standards shall apply to all designated facilities within the State. A plan may
contain emission standards adopted by local jurisdictions provided that the standards are
enforceable by the State.
(c) Except as provided in paragraph (f) of this section, where the Administrator has
determined that a designated pollutant may cause or contribute to endangerment of public health,
emission standards shall be no less stringent than the corresponding emission guideline(s)
specified in subpart C of this part, and final compliance shall be required as expeditiously as
practicable but no later than the compliance times specified in subpart C of this part.
(d) Where the Administrator has determined that a designated pollutant may cause or
contribute to endangerment of public welfare but that adverse effects on public health have not
been demonstrated, States may balance the emission guidelines, compliance times, and other
information provided in the applicable guideline document against other factors of public
concern in establishing emission standards, compliance schedules, and variances. Appropriate
consideration shall be given to the factors specified in §60.22(b) and to information presented at
the public hearing(s) conducted under §60.23(c).
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(e)(1) Any compliance schedule extending more than 12 months from the date required for
submittal of the plan must include legally enforceable increments of progress to achieve
compliance for each designated facility or category of facilities. Unless otherwise specified in the
applicable subpart, increments of progress must include, where practicable, each increment of
progress specified in §60.21(h) and must include such additional increments of progress as may
be necessary to permit close and effective supervision of progress toward final compliance.
(2) A plan may provide that compliance schedules for individual sources or categories of
sources will be formulated after plan submittal. Any such schedule shall be the subject of a
public hearing held according to §60.23 and shall be submitted to the Administrator within 60
days after the date of adoption of the schedule but in no case later than the date prescribed for
submittal of the first semiannual report required by §60.25(e).
(f) Unless otherwise specified in the applicable subpart on a case-by-case basis for
particular designated facilities or classes of facilities, States may provide for the application of
less stringent emissions standards or longer compliance schedules than those otherwise required
by paragraph (c) of this section, provided that the State demonstrates with respect to each such
facility (or class of facilities):
(1) Unreasonable cost of control resulting from plant age, location, or basic process design;
(2) Physical impossibility of installing necessary control equipment; or
(3) Other factors specific to the facility (or class of facilities) that make application of a less
stringent standard or final compliance time significantly more reasonable.
(g) Nothing in this subpart shall be construed to preclude any State or political subdivision
thereof from adopting or enforcing (1) emission standards more stringent than emission
guidelines specified in subpart C of this part or in applicable guideline documents or (2)
compliance schedules requiring final compliance at earlier times than those specified in subpart
C or in applicable guideline documents.
[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995; 65 FR 76384, Dec. 6,
2000; 70 FR 28649, May 18, 2005; 71 FR 33398, June 9, 2006; 72 FR 59204, Oct. 19, 2007; 77
FR 9447, Feb. 16, 2012]
§60.25 Emission inventories, source surveillance, reports.
(a) Each plan shall include an inventory of all designated facilities, including emission data
for the designated pollutants and information related to emissions as specified in appendix D to
this part. Such data shall be summarized in the plan, and emission rates of designated pollutants
from designated facilities shall be correlated with applicable emission standards. As used in this
subpart, “correlated” means presented in such a manner as to show the relationship between
measured or estimated amounts of emissions and the amounts of such emissions allowable under
applicable emission standards.
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(b) Each plan shall provide for monitoring the status of compliance with applicable
emission standards. Each plan shall, as a minimum, provide for:
(1) Legally enforceable procedures for requiring owners or operators of designated facilities
to maintain records and periodically report to the State information on the nature and amount of
emissions from such facilities, and/or such other information as may be necessary to enable the
State to determine whether such facilities are in compliance with applicable portions of the plan.
Submission of electronic documents shall comply with the requirements of 40 CFR part 3—
(Electronic reporting).
(2) Periodic inspection and, when applicable, testing of designated facilities.
(c) Each plan shall provide that information obtained by the State under paragraph (b) of
this section shall be correlated with applicable emission standards (see §60.25(a)) and made
available to the general public.
(d) The provisions referred to in paragraphs (b) and (c) of this section shall be specifically
identified. Copies of such provisions shall be submitted with the plan unless:
(1) They have been approved as portions of a preceding plan submitted under this subpart or
as portions of an implementation plan submitted under section 110 of the Act, and
(2) The State demonstrates:
(i) That the provisions are applicable to the designated pollutant(s) for which the plan is
submitted, and
(ii) That the requirements of §60.26 are met.
(e) The State shall submit reports on progress in plan enforcement to the Administrator on
an annual (calendar year) basis, commencing with the first full report period after approval of a
plan or after promulgation of a plan by the Administrator. Information required under this
paragraph must be included in the annual report required by §51.321 of this chapter.
(f) Each progress report shall include:
(1) Enforcement actions initiated against designated facilities during the reporting period,
under any emission standard or compliance schedule of the plan.
(2) Identification of the achievement of any increment of progress required by the
applicable plan during the reporting period.
(3) Identification of designated facilities that have ceased operation during the reporting
period.
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(4) Submission of emission inventory data as described in paragraph (a) of this section for
designated facilities that were not in operation at the time of plan development but began
operation during the reporting period.
(5) Submission of additional data as necessary to update the information submitted under
paragraph (a) of this section or in previous progress reports.
(6) Submission of copies of technical reports on all performance testing on designated
facilities conducted under paragraph (b)(2) of this section, complete with concurrently recorded
process data.
[40 FR 53346, Nov. 17, 1975, as amended at 44 FR 65071, Nov. 9, 1979; 70 FR 59887, Oct. 13,
2005]
§60.26 Legal authority.
(a) Each plan shall show that the State has legal authority to carry out the plan, including
authority to:
(1) Adopt emission standards and compliance schedules applicable to designated facilities.
(2) Enforce applicable laws, regulations, standards, and compliance schedules, and seek
injunctive relief.
(3) Obtain information necessary to determine whether designated facilities are in
compliance with applicable laws, regulations, standards, and compliance schedules, including
authority to require recordkeeping and to make inspections and conduct tests of designated
facilities.
(4) Require owners or operators of designated facilities to install, maintain, and use
emission monitoring devices and to make periodic reports to the State on the nature and amounts
of emissions from such facilities; also authority for the State to make such data available to the
public as reported and as correlated with applicable emission standards.
(b) The provisions of law or regulations which the State determines provide the authorities
required by this section shall be specifically identified. Copies of such laws or regulations shall
be submitted with the plan unless:
(1) They have been approved as portions of a preceding plan submitted under this subpart or
as portions of an implementation plan submitted under section 110 of the Act, and
(2) The State demonstrates that the laws or regulations are applicable to the designated
pollutant(s) for which the plan is submitted.
(c) The plan shall show that the legal authorities specified in this section are available to the
State at the time of submission of the plan. Legal authority adequate to meet the requirements of
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paragraphs (a)(3) and (4) of this section may be delegated to the State under section 114 of the
Act.
(d) A State governmental agency other than the State air pollution control agency may be
assigned responsibility for carrying out a portion of a plan if the plan demonstrates to the
Administrator's satisfaction that the State governmental agency has the legal authority necessary
to carry out that portion of the plan.
(e) The State may authorize a local agency to carry out a plan, or portion thereof, within the
local agency's jurisdiction if the plan demonstrates to the Administrator's satisfaction that the
local agency has the legal authority necessary to implement the plan or portion thereof, and that
the authorization does not relieve the State of responsibility under the Act for carrying out the
plan or portion thereof.
§60.27 Actions by the Administrator.
(a) The Administrator may, whenever he determines necessary, extend the period for
submission of any plan or plan revision or portion thereof.
(b) After receipt of a plan or plan revision, the Administrator will propose the plan or
revision for approval or disapproval. The Administrator will, within four months after the date
required for submission of a plan or plan revision, approve or disapprove such plan or revision or
each portion thereof.
(c) The Administrator will, after consideration of any State hearing record, promptly
prepare and publish proposed regulations setting forth a plan, or portion thereof, for a State if:
(1) The State fails to submit a plan within the time prescribed;
(2) The State fails to submit a plan revision required by §60.23(a)(2) within the time
prescribed; or
(3) The Administrator disapproves the State plan or plan revision or any portion thereof, as
unsatisfactory because the requirements of this subpart have not been met.
(d) The Administrator will, within six months after the date required for submission of a
plan or plan revision, promulgate the regulations proposed under paragraph (c) of this section
with such modifications as may be appropriate unless, prior to such promulgation, the State has
adopted and submitted a plan or plan revision which the Administrator determines to be
approvable.
(e)(1) Except as provided in paragraph (e)(2) of this section, regulations proposed and
promulgated by the Administrator under this section will prescribe emission standards of the
same stringency as the corresponding emission guideline(s) specified in the final guideline
document published under §60.22(a) and will require final compliance with such standards as
expeditiously as practicable but no later than the times specified in the guideline document.
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(2) Upon application by the owner or operator of a designated facility to which regulations
proposed and promulgated under this section will apply, the Administrator may provide for the
application of less stringent emission standards or longer compliance schedules than those
otherwise required by this section in accordance with the criteria specified in §60.24(f).
(f) Prior to promulgation of a plan under paragraph (d) of this section, the Administrator
will provide the opportunity for at least one public hearing in either:
(1) Each State that failed to hold a public hearing as required by §60.23(c); or
(2) Washington, DC or an alternate location specified in the FEDERAL REGISTER.
[40 FR 53346, Nov. 17, 1975, as amended at 65 FR 76384, Dec. 6, 2000]
§60.28 Plan revisions by the State.
(a) Plan revisions which have the effect of delaying compliance with applicable emission
standards or increments of progress or of establishing less stringent emission standards shall be
submitted to the Administrator within 60 days after adoption in accordance with the procedures
and requirements applicable to development and submission of the original plan.
(b) More stringent emission standards, or orders which have the effect of accelerating
compliance, may be submitted to the Administrator as plan revisions in accordance with the
procedures and requirements applicable to development and submission of the original plan.
(c) A revision of a plan, or any portion thereof, shall not be considered part of an applicable
plan until approved by the Administrator in accordance with this subpart.
§60.29 Plan revisions by the Administrator.
After notice and opportunity for public hearing in each affected State, the Administrator
may revise any provision of an applicable plan if:
(a) The provision was promulgated by the Administrator, and
(b) The plan, as revised, will be consistent with the Act and with the requirements of this
subpart.
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Appendix F
40 CFR Part 60, Subpart Cc
Emission Guidelines and Compliance Times for
Municipal Solid Waste Landfills
As accessed February 14, 2017, at:
http://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=9e520e5fb02f99b601dd36ef7e3a700f&mc=true&n=pt40.7.60&r=
PART&ty=HTML#sp40.7.60.c_0c
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Appendix G
40 CFR Part 60, Subpart Cf
Emission Guidelines and Compliance Times for
Municipal Solid Waste Landfills
As accessed February 14, 2017, at:
http://www.ecfr.gov/cgi-bin/text-
idx?SID=3034bd85a340715b0abe47eaa456f3a9&mc=true&node=sp40.7.60.c_0f&rgn=div6
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Appendix H
40 CFR Part 60, Subpart WWW
Standards of Performance for Municipal Solid Waste Landfills
As accessed February 14, 2017, at:
http://www.ecfr.gov/cgi-bin/text-
idx?SID=3034bd85a340715b0abe47eaa456f3a9&mc=true&node=sp40.8.60.www&rgn=div6
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Appendix I
40 CFR Part 60 Subpart XXX
Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction,
Reconstruction, or Modification After July 17, 2014
As accessed February 14, 2017, at:
http://www.ecfr.gov/cgi-bin/text-
idx?SID=3034bd85a340715b0abe47eaa456f3a9&mc=true&node=sp40.8.60.xxx&rgn=div6
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Appendix J
Key Elements of an Acceptable Section 111(d) State Plan
As identified in Appendix J of
Municipal Solid Waste Landfills, Volume 2:
Summary of the Requirements for
Section 111(d) State Plans for Implementing
The Municipal Solid Waste Landfills
Emission Guidelines
US EPA, Office of Air Quality
Research Triangle Park, NC 27711
EPA-456R/98-009
November 1998
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Appendix K:
A Record of Public Hearing(s) on the MCAQD Section 111(d) Plan.
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