Public Comment Form

Delegation of Authority to Implement the Federal Plan for Municipal Solid Waste Landfills

Public Notice

Ohio Environmental Protection Agency

Draft Memorandum of Agreement to Request for

Delegation of Authority to Implement the Federal Plan for Municipal Solid Waste Landfills

(40 CFR Part 62, Subpart OOO)

 

Notice is hereby given that the Director of the Ohio Environmental Protection Agency (Ohio EPA) is submitting to the United States Environmental Protection Agency (U.S. EPA) a Memorandum of Agreement (MOA) to request for Delegation of Authority to Implement the Federal Plan for Municipal Solid Waste Landfills (40 CFR Part 62, Subpart OOO).


On August 29, 2016, U.S. EPA promulgated subparts for the Municipal Solid Waste (MSW) Landfills New Source Performance Standards (NSPS) at 40 CFR Part 60, Subpart XXX (Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification After July 17, 2014) and at 40 CFR Part 60, Subpart Cf (Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills). These promulgations were based on U.S. EPA’s determination that a well-designed and well-operated landfill gas collection-and-control system is the best system of emission reduction for controlling landfill gas (LFG) from MSW landfills.


The Clean Air Act (CAA) regulations implementing emission guidelines require states with existing MSW landfills subject to the emission guidelines (EG), to submit state plans to U.S. EPA to implement and enforce the emission guidelines. For states that did not submit an approvable plan by the May 30, 2017, deadline, CAA section 111 and 40 CFR 60.27(c) and (d) directs the EPA develop, implement, and enforce a Federal plan for existing MSW landfills located in any state – i.e., state, territory, or protectorate, or Indian country that does not have an approved state plan that implements the 2016 MSW Landfills EG.


In August 2019, U.S. EPA proposed a Federal plan to implement the 2016 MSW Landfills EG and compliance times for MSW landfills located in states and Indian country where state and tribal plans are not currently in effect – i.e., the state or local agency failed to submit a plan or a plan has not been approved (40 CFR Part 62, Subpart OOO) (84 FR 43745, August 22, 2019).


In March 2020, U.S. EPA issued a notice of finding of failure to submit state plans, identifying 42 states that failed to submit for review and approval state plans to implement the 2016 EG for MSW Landfills. The Federal Plan was finalized on May 21, 2021 (86 FR 27756) and requires all MSW landfills in states without approved CAA section 111(d) plans to comply with the Federal Plan requirements until a state section 111(d) plan is approved by U.S. EPA.


Section 111(d) plans come from the CAA section 111(d) Implementing Regulations which set timelines and other requirements for state plans to limit pollution from existing sources under section 111. The Implementing Regulations apply to states that must submit plans for sources covered by specific emissions guidelines. Emissions guidelines do not impose requirements directly on sources. Instead, they establish a framework for states to develop plans that establish, implement, and enforce standards of performance for “designated facilities,” which is the term U.S. EPA uses for existing sources.


Currently, Ohio EPA regulates MSW landfills through Chapter 3745-76 of the Ohio Administrative Code (OAC). OAC Chapter 3745-76 contains the requirements and emission guidelines for the control on non-methane organic compound (NMOC) emissions from existing landfills. An existing landfill is any landfill that commenced construction, reconstruction, or modification on or before July 17, 2014. The Emission Guidelines of this rule apply to landfills that accepted waste after November 8, 1987. The Federal Plan implements the Emission Guidelines. These rules are part of Ohio’s plan to control NMOC emissions from these landfills under the Clean Air Act Section 111(d), 40 CFR Part 60, Subpart Cf and 40 CFR Part 62, Subpart OOO.


Ohio EPA has the legal authority to implement the Federal MSW plan in 40 CFR 62 Subpart OOO and as such has chosen to develop the MOA with U.S. EPA as our approved State Plan and once the MOA is approved, Ohio EPA will be rescinding all rules in OAC Chapter 3745-76 as a separate action.


All interested persons are entitled to attend or be represented at the hearing and give written or oral comments on the draft MOA. All oral comments presented at the hearing and all written comments submitted at the hearing or to the above address by the close of business on March 13, 2025, will be considered by Ohio EPA prior to final action on the MOA. Written statements submitted after March 13, 2025, may be considered as time and circumstances permit but will not be part of the official record.


This draft MOA is available on Ohio EPA DAPC’s webpage for electronic download at: https://epa.ohio.gov/divisions-and-offices/air-pollution-control/announcements.


Questions regarding accessing the webpage should be directed to Graham Johnson by email at graham.johnson@epa.ohio.gov or by phone at (614) 995-1415. If you have questions about the public hearing, you may contact Max Moore at  max.moore@epa.ohio.gov.





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