AE-17J

Qaiser L. Baig, P.E.

Project Manager
AECOM Technical Services, Inc.
36133 Schoolcraft Road
Livonia, Michigan 48150
Re:

Applicability Determination for

Municipal Solid Waste Landfill
amended design capacity reports

Dear Mr. Baig:

Thank you for your June 8, 2009 letter to the U.S. Environmental Protection Agency,
requesting an applicability determination pertaining to the submittal of amended design capacity
reports for municipal solid waste landfills.
Regulatory requirements:
Municipal solid waste landfills are subject to the requirements of the Standards of
Performance for Municipal Solid Waste Landfills (the Landfill NSPS) at 40 C.F.R. Part 60,
Subpart WWW. Specifically, the regulation at 40 C.F.R. 60.752 requires the owner of a
landfill having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic
meters by volume shall submit an initial design capacity report to the Administrator as provided
in 60.757(a).
The regulation further states, at 40 C.F.R. 60.752(a)(2), that:
When an increase in the maximum design capacity of a landfill exempted from the
provisions of 60.752(b) through 60.759 of this subpart on the basis of the design
capacity exemption in paragraph (a) of this section results in a revised maximum design
capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, the
owner or operator shall comply with the provision of paragraph (b) of this section.
Additionally, 40 C.F.R. 60.752(a)(1) requires that:
The owner or operator shall submit to the Administrator an amended design capacity
report, as provided for in 60.757(a)(3).

With respect to paragraph (b) referenced above, the NSPS at 40 C.F.R. 60.752(b),
requires:
Each owner or operator of an MSW landfill having a design capacity equal to or greater
than 2.5 million megagrams and 2.5 million cubic meters, shall either comply with
paragraph (b)(2) of this section or calculate an NMOC emission rate for the landfill using
the procedures specified in 60.754.
Paragraph (b) does not reference the need to submit an amended design capacity report.
EPA therefore determines that, once a landfill is subject to the provisions at 40 C.F.R.
60.752(a)(2) because it has exceeded the size thresholds in 40 C.F.R. 60.752(a)(2), it is no
longer subject to the requirement to submit an amended design capacity report pursuant to 40
C.F.R. 60.752(a)(3) whenever there is an additional increase in design capacity.
You also asked whether the notification requirement at 40 C.F.R. 60.7 applies to MSW
landfills that are modified as defined at 40 C.F.R. 60.14. In the case of landfills, EPA
considers physical or operational modifications that increase emissions to be those instances
where the permitted design capacity is increased. Although design capacity increases may occur
after the size thresholds are exceeded as described above, there are no provisions in Subpart
WWW that exempts landfills from the notice requirement at 40 C.F.R. 60.7. Accordingly,
landfills must submit these notices for all design capacity increases.
If you have any questions regarding this letter, feel free to contact Jeffrey Gahris, of my
staff, at (312) 886-6794.
Sincerely,

George T. Czerniak,
Chief
Air Enforcement and Compliance Assurance
Branch