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EPA Home > Region 5 > Air > Correspondence


May 10, 1996

Dennis Drake, Director
Air Quality Division
Michigan Department of Environmental Quality
106 West Allegan Street
P.O. Box 30260
Lansing, Michigan 48909-7760

Dear Mr. Drake:

As you may already know, the United States Environmental Protection Agency (USEPA) published the final New Source Performance Standards (NSPS) and Emission Guidelines (EG) for existing Municipal Solid Waste (MSW) landfills in the Federal Register on March 12, 1996. This rule will require certain new municipal solid waste landfills to install gas collection and control systems. A summary of these requirements is included in Enclosure 1.

As a first step in implementing the NSPS and EG, Michigan will need to identify landfills which meet the applicability criteria, and assess whether these landfills have adequate controls in place. Enclosure 2 contains a list of MSW landfills which are potentially subject to the new requirements. Please update this list, where necessary, and identify which landfills are active.

The USEPA is looking forward to working with you and your staff to assure implementation of the MSW landfill rules. Accordingly, I have appointed Rick Tonielli, of my staff, to work with your staff on this project. Please let me or Mr. Tonielli know who on your staff will be the State contact person for the effort.

If you have any questions regarding these requirements, please contact me at (312)353-2211 or Mr. Tonielli at (312)886-6068.


Stephen H. Rothblatt, Chief
Air Programs Branch

New Landfill Requirements

The final New Source Performance Standard (NSPS) for MSW landfills (40 CFR Part 60, Subparts WWW) were published in the Federal Register on March 12, 1996, (61 FR 9905). This action adds standards of performance that apply to landfills for which construction, modification, or reconstruction commenced on or after the proposal date of May 30, 1991, or that began accepting waste on or after that date. Any owner or operator with a new landfill designed to hold 2.5 million Mg (2.75 million tons) or 2.5 million cubic meters of waste or more and emitting 50 or more Mg/yr (55 tons/yr) of nonmethane organic compounds (NMOC) will be required to install a gas collection system and combust the recovered gas at 98 percent efficiency.

The final NSPS rules require all affected MSW landfills to file a design capacity report. MSW landfills with a design capacity greater than or equal to 2.5 million Mg or 2.5 million cubic meters must also file an emissions report. The design capacity and emission reports for MSW landfills subject to NSPS are due by June 10, 1996. Two copies of these reports should be sent to MDEQ. Copies of these reports should be made available to USEPA upon request on a case by case basis. As MDEQ makes staffing and implementa- tion decisions, you will also need to consider the need for cross-media communication to address questions that may develop as landfill owners and operators prepare to submit these reports.

Existing Landfill Requirements

The Emission Guidelines (EG) for the control of emissions from existing MSW landfills were published on March 12, 1996, (61 FR 9905). The Clean Air Act (CAA) requires each State to adopt and submit plans which establish emission standards to control designated pollutants within 9 months of USEPA publication of final emission guidelines for designated facilities in accordance with section 111(d) and 40 CFR Part 60 Subpart B. The EG requires that all affected existing MSW landfills must file a design capacity report. As mentioned above for new MSW landfills, certain existing facilities must also file an emissions report, and install control equipment. However, the time frame for these requirements begins with approval of the State Plan rather than publication of the rule in the Federal Register.

Michigan must now adopt a regulation at least as protective as the guidelines promulgated by the USEPA. Alternatively, in lieu of adopting a regulation, Michigan may demonstrate that affected landfills are controlled by a legal mechanism that the State Attorney General can certify is legally enforceable. Possible legal mechanisms may include regulatory or administrative orders, compliance orders, State operating permits, etc.

USEPA understands that certain States may already regulate MSW landfills for certain pollutants under other authorities which may, or may not, result in federally enforceable requirements (e.g., construction permits). If the State does not plan to develop a specific State rule similar to the emission guidelines, then the State must conduct an analysis of where and how each pollutant limitation and other requirements of the emission guidelines are met. The analysis should demonstrate adequate legal authority for such requirements, and how the public participation requirements in Part 60, Subpart B have been met.

If there are no designated facilities located within a State, the State needs to submit a letter of certification to that effect within 9 months to exempt it from the requirements for that designated pollutant.

Prior to the adoption of any plan, each State must conduct, in accordance with 40 CFR 60.23(c)(1), one or more public hearings.

Each plan needs to include emission standards and compliance schedules in accordance with 40 CFR 60.24. Section 111(d) requires USEPA to approve State emission standards only if they reflect application of the best systems of emission reduction that are reasonably available for designated facilities. The plan will be approved if they include an enforceable emission standard equal to or more stringent than that specified in the guideline.

Each plan needs to include an inventory of all designated facilities, including emission data for the designated pollutant and information related to emissions. Related requirements are found in 40 CFR 60.25.

Each plan needs to show that the State has legal authority to carry out the plan according to 40 CFR 60.26.

If the State fails to submit a satisfactory plan, then pursuant to 40 CFR 60.27(c) and (d), USEPA has the authority to promulgate its own regulation covering affected designated facilities within the State.


Hastings Sanitary Service, Inc.HastingsBarryMI49058
Whitefeather LFPinconningBayMI48650
Southeast Berrien County LF Auth.BuchananBerrienMI49107
Forest Lawn LFThree OaksBerrienMI49128
Orchard Hill LFWatervlietBerrienMI49098
C & C Sanitary LFMarshallCalhounMI49068
Cedar Ridge Recyc. & Disp. Fac.CharlevoixCharlevoixMI49720
Dafter Sanitary Landfill, Inc.DafterChippewaMI49724
Northern Oaks Recyc. & Disp. Fac.HarrisonClareMI48625
Granger Waste Management #2Grand LegdeClintonMI48837
City Env. Servs., Inc. of WatersFredericCrawfordMI49733
Citizens Disposal, Inc.Grand BlancGeneseeMI48439
Brent Run, Inc.Montrose TownshipGeneseeMI48457
Granger Waste Management #1LansingInghamMI48906
Pitsch Sanitary LFBeldingIoniaMI48809
Jackson County Dalton Road LF IIJacksonJacksonMI49201
South Kent County LFByron CenterKentMI49315
Lapeer County LFBrown CityLapeerMI48416
Glen's Sanitary Landfill, Inc.Maple CityLeelanauMI49664
Laidlaw Waste Systems NW Area LFAdrianLenaweeMI49221
Pine Tree Acres, Inc.RichmondMacombMI48062
Harland's Landfill, Inc. Phase IIManisteeManisteeMI49660
Marquette County LFMarquetteMarquetteMI49855
Mason County LF (Scottville)ScottvilleMasonMI48454
Michigan Environs, Inc. Phase IIMenomineeMenomineeMI49858
City of Midland Sanitary LFMidlandMidlandMI48640
BFI of OH-MI, Inc. Vienna Junc.ErieMonroeMI48133
Central Sanitary Landfill, Inc.PiersonMontcalmMI49339
Montmorency/Oscoda Joint SLFAtlantaMontmorencyMI49709
County of Muskegon SW FacilityMuskegonMuskegonMI49442
Wayne Disposal Oakland, Inc.Auburn HillsOaklandMI48055
Eagle Valley Recycling & DisposalOrionOaklandMI48359
Collier Road LFPontiacOaklandMI48165
K & W Landfill, Inc.GreenlandOntonagonMI49929
Richmond Sanitary Landfill, Inc.Reed CityOsceolaMI49677
Ottawa County Farms LFCoopersvilleOttawaMI49404
Autumn Hills Recyc. & Disp. Fac.ZeelandOttawaMI49464
Holland Board of Public WorksZeelandOttawaMI49464
Allis Park Sanitary LF, Inc.OnawayPresque IsleMI49765
People's Garbage Disposal, Inc.Birch RunSaginawMI48415
Taymouth LF Type IIBirch RunSaginawMI48415
Sexton/Miller Road Sanitary LFSaginawSaginawMI48603
Tri-City Recycling & Disp. Fac.CarsonvilleSanilacMI48419
Venice Park DevelopmentLennonShiawasseeMI48449
Ft. Gratiot Sanitary LFPort HuronSt. ClairMI48060
Smiths Creek LFSmith CreekSt. ClairMI48074
Westside Recy. & Disp. Cells 5-13Three RiversSt. JosephMI49093
Arbor Hills West LFNorthvilleWashtenawMI48167
Sauk Trail Hills LFCantonWayneMI48188
Riverview Land PreserveRiverviewWayneMI48192
Carleton Farms, Inc. Type II LFSumpterWayneMI48111
Woodland Meadows RDF-Van BurenWayneWayneMI48184
Woodland Meadows Recyc. & Disp.WayneWayneMI48188
Wexford County LFMantonWexfordMI49663

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This Information Last Modified On: 09/18/2008 03:58 PM