40 CFR § 98.340 - Definition of the source category.

---
identifier: "/us/cfr/t40/s98.340"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 98.340 - Definition of the source category."
title_number: 40
title_name: "Protection of Environment"
section_number: "98.340"
section_name: "Definition of the source category."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "98"
part_name: "MANDATORY GREENHOUSE GAS REPORTING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401-7671q."
regulatory_source: "74 FR 56374, Oct. 30, 2009, unless otherwise noted."
cfr_part: "98"
---


# 98.340 Definition of the source category.

(a) This source category applies to municipal solid waste (MSW) landfills that accepted waste on or after January 1, 1980, unless all three of the following conditions apply.

(1) The MSW landfill did not receive waste on or after January 1, 2013.

(2) The MSW landfill had CH<sub>4</sub> generation as determined using Equation HH-5 and, if applicable, Equation HH-7 of this subpart of less than 1,190 metric tons of CH<sub>4</sub> in the 2013 reporting year.

(3) The owner or operator of the MSW landfill was not required to submit an annual report under any requirement of this part in any reporting year prior to 2013.

(b) This source category does not include Resource Conservation and Recovery Act (RCRA) Subtitle C or Toxic Substances Control Act (TSCA) hazardous waste landfills, construction and demolition waste landfills, or industrial waste landfills.

(c) This source category consists of the following sources at municipal solid waste (MSW) landfills: Landfills, landfill gas collection systems, and landfill gas destruction devices (including flares).

[74 FR 56374, Oct. 30, 2009, as amended at 75 FR 66470, Oct. 28, 2010; 78 FR 71968, Nov. 29, 2013]