[Code of Federal Regulations]
[Title 40, Volume 6]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR60.32c]

[Page 91]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of Contents
 
Subpart Cc--Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills
 
Sec. 60.32c  Designated facilities.

    (a) The designated facility to which the guidelines apply is each 
existing MSW landfill for which construction, reconstruction or 
modification was commenced before May 30, 1991.
    (b) Physical or operational changes made to an existing MSW landfill 
solely to comply with an emission guideline are not considered a 
modification or reconstruction and would not subject an existing MSW 
landfill to the requirements of subpart WWW [see Sec. 60.750 of Subpart 
WWW].
    (c) For purposes of obtaining an operating permit under title V of 
the Act, the owner or operator of a MSW landfill subject to this subpart 
with a design capacity less than 2.5 million megagrams or 2.5 million 
cubic meters is not subject to the requirement to obtain an operating 
permit for the landfill under part 70 or 71 of this chapter, unless the 
landfill is otherwise subject to either part 70 or 71. For purposes of 
submitting a timely application for an operating permit under part 70 or 
71, the owner or operator of a MSW landfill subject to this subpart with 
a design capacity greater than or equal to 2.5 million megagrams and 2.5 
million cubic meters on the effective date of EPA approval of the 
State's program under section 111(d) of the Act, and not otherwise 
subject to either part 70 or 71, becomes subject to the requirements of 
Secs. 70.5(a)(1)(i) or 71.5(a)(1)(i) of this chapter 90 days after the 
effective date of such 111(d) program approval, even if the design 
capacity report is submitted earlier.
    (d) When a MSW landfill subject to this subpart is closed, the owner 
or operator is no longer subject to the requirement to maintain an 
operating permit under part 70 or 71 of this chapter for the landfill if 
the landfill is not otherwise subject to the requirements of either part 
70 or 71 and if either of the following conditions are met.
    (1) The landfill was never subject to the requirement for a control 
system under Sec. 60.33c(c) of this subpart; or
    (2) The owner or operator meets the conditions for control system 
removal specified in Sec. 60.752(b)(2)(v) of subpart WWW.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998]