[Code of Federal Regulations]

[Title 40, Volume 6]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR60.32c]



[Page 100-101]

 

                   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



[[Page 101]]



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 

Sec. Sec. 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]