[Code of Federal Regulations]
[Title 40, Volume 6]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR60.32c]

[Page 92-93]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of Contents
 
Subpart Cc--Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills
 
Sec. 60.32c  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

[[Page 93]]

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]