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EPA Solicits Input on New Landfill Gas Regulations for Municipal Solid Waste Landfills

Small businesses, governments, and not-for-profit organizations that own and operate municipal solid waste landfills (MSW) are being invited by EPA to participate in a Small Business Advocacy Review (SBAR) Panel to assist the agency in its review of its Clean Air Act New Source Performance Standards (NSPS) for MSW landfills. As identified in EPA’s June 20, 2013, notice, individuals who are interested in potentially serving on the panel should register by no later than July 5, 2013.

EPA regulates air emissions from landfill gas (approximately 50 percent carbon dioxide, 50 percent methane, and trace amounts of nonmethane organic compounds) under its NSPS regulations at 40 CFR Part 60, Subpart WWW (40 CFR 60.750 to 60.759). MSW landfills are designed for household and municipal wastes, but may also receive other types of RCRA Subtitle D wastes such as commercial solid waste, non-hazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. These landfills may be privately or publicly owned.

EPA must review its Clean Air Act NSPS every eight years and revise them if necessary. EPA is under a court-ordered deadline to complete its review and propose how to address the results of that review by Feb. 4, 2014 and to take final action by Dec. 17, 2014. The NSPS were first promulgated in 1996.

In particular, EPA is seeking input through a SBAR Panel from small businesses, governments, and not-for-profit organizations. According to EPA’s notice, “Information about what constitutes a ‘small business’ is available at the SBA’s Web page on size standards. A ‘small government’ is defined as a jurisdiction serving a population of 50,000 residents or fewer. A ‘small organization’ is defined as any ‘not-for-profit enterprise which is independently owned and operated and is not dominant in its field.’ Small private landfills are those with revenues of $35.5 million or less and small government-owned landfills serve populations of 50,000 people or less.”