Submittal for Proposed Revision to 111(d) State Plan for Municipal Solid Waste Landfills
On Aug. 29, 2016, the U. S. Environmental Protection Agency (EPA) amended the Code of Federal Regulations (C.F.R.), Title 40, Part 60, promulgating Subpart Cf, Emission Guidelines for Existing Sources: Municipal Solid Waste (MSW) Landfills. Developed under Section 111 of the Clean Air Act, these Emission Guidelines apply to existing MSW Landfills that commenced construction or modification on or before July 17, 2014.
On March 26, 2020, EPA made revisions to the Emission Guidelines for MSW Landfills to clarify that after the effective date of an EPA-approved State Plan implementing subpart Cf, owners and operators of MSW landfills must comply with the approved and effective state, tribal, or federal plan implementing subpart Cf, instead of older landfill regulations (40 CFR Part 60, Subpart WWW or State Plans implementing 40 CFR Part 60, Subpart Cc).
Under Section 111(d) of the Clean Air Act, any state with one or more affected MSW units must develop and submit to the EPA a “State Plan” to implement the Emission Guidelines. 40 C.F.R. Part 60, Subparts B and Cf, specifying the content and the conditions for developing and adopting a section 111(d) State Plan. The Department of Environmental Protection (DEP) has prepared Florida's Section 111(d) State Plan pursuant to Section 111 of the Clean Air Act and in compliance with all of the standards and conditions of 40 C.F.R. Part 60, Subparts B and Cf. The plan consists of an inventory of MSW Landfills and emissions, compliance schedules, and amendments to Chapter 62-204, Florida Administrative Code (F.A.C.), including emission limitations and testing, monitoring, recordkeeping, and reporting requirements.
Pursuant to 40 CFR 60.23(g), EPA approved the Department’s request for alternative public participation requirements for the submittal of State Plans. These approved alternative public participation requirements allowed the Department to cancel the December 1, 2020, public hearing if no hearing was requested by November 20, 2020. In support of the Department’s requested approval of this plan, this submittal document also included a demonstration of legal authority, identification of enforceable mechanisms, and a copy of the notice of opportunity to submit comments and request a public hearing on Florida’s revision to its proposed Section 111(d) State Plan. No public hearing was requested, therefore no hearing was held.
On Dec. 22, 2020, the Department submitted to EPA the Final proposed revision to Florida's 111(d) State Plan for Municipal Solid Waste Landfills.
On May 21, 2021, EPA issued the Federal Plan for existing MSW landfills, codified at 40 C.F.R. Part 62, Subpart OOO. The Federal Plan applies to Florida because the State Plan the Department submitted has not yet been approved by EPA. The Federal Plan, however, has already imposed certain requirements on existing MSW landfills in Florida. Therefore, on July 7, 2021, the Department withdrew the certain provisions that have already been imposed by the Federal Plan. Specifically, the Department withdrew the initial design capacity report requirements specified in 40 C.F.R. 60.38f(a) (codified at Paragraph 62-204.800(9)(h), F.A.C.) and the initial Non-Methane Organic Compounds (NMOC) report requirements specified in 40 C.F.R. 60.38f(c) (also codified at Paragraph 62-204.800(9)(h), F.A.C.).
The department did not withdraw the ongoing NMOC reporting requirements in 40 C.F.R. 60.38f(c). The withdrawal of these provisions does not affect the stringency of Florida’s State Plan because these requirements will have already been completed pursuant to the Federal Plan. Approval of the state plan without this withdrawal would merely re-impose these requirements for existing MSW landfills that have already completed the initial design capacity report and initial NMOC report requirements, or are legacy controlled landfills that the Federal Plan exempted because they have already installed gas collection and control systems.
Important Documents
- EPA Proposed Approval in Federal Register, Oct. 27, 2021.
- Withdrawal of Certain Provisions of Florida’s Section 111(d) State Plan Submittal for MSW Landfills, July 7, 2021.
- MSW Landfill State Plan Final Submittal Letter, dated December 22, 2020.
- MSW Landfill State Plan Final Submittal, submitted to EPA Dec. 22, 2020.
- MSW Landfill State Plan Pre-Hearing Submittal Letter, Oct. 21, 2020.
- MSW Landfill State Plan Pre-Hearing Submittal, submitted to EPA Oct. 21, 2020.
