November 21, 2002 Status of State Plans for Municipal Solid Waste Landfills Overview The following three tables show which states, localities, and territories have submitted negative declarations or state plans to EPA to cover existing municipal solid waste (MSW) landfills.1 We (EPA) are providing the tables to help you (the public, governments, and industry) see what MSW landfills are subject to either a state plan or to a federal plan. States must send us their plans for regulating existing MSW landfills. For states that don't submit plans to us, we must prepare and enforce our federal plan. We proposed this federal plan December 16, 1998 and published it in the Federal Register on November 8, 1999. It became effective on January 7, 2000. State plans and the federal plan implement and enforce the requirements of the MSW landfill air emission guidelines that appeared in the Federal Register on March 12, 1996. Indian tribes have the option of submitting tribal plans, though none has so far. If an existing MSW landfill is located in Indian Country and a Tribe lacks an effective tribal plan, our federal plan covers the landfill. Table 1 lists those areas that have submitted negative declarations, Table 2 lists areas that have effective state plans, and Table 3 lists areas that have not submitted negative declarations and do not currently have an effective state plan. Table 1 - States, Localities and Territories that Submitted Negative Declarations Existing MSW landfills located in states, localities, and territories that submit negative declarations will be subject to our federal plan. A negative declaration can be made only in either of two cases: • There are no existing MSW landfills. • There are no existing MSW landfills that require installing and operating a gas collection and control system.2 A negative declaration must include a report of the landfill's design capacity if the state, locality, or territory has landfills that fit into the second bulleted category. 1 Existing MSW landfills are those that: 1) commenced construction, reconstruction or modification before May 30, 1991 and have not been modified or reconstructed on or after that date and 2) have accepted waste since November 8, 1987 or have capacity for future waste deposition. 2 MSW landfills that have a design capacity of 2.5 million megagrams and 2.5 million cubic meters or larger must install a gas collection and control system if they emit 50 megagrams per year or more of nonmethane organic compound emissions. 1 ------- If the permitted design capacity of the landfill increases so that it meets the threshold for installing and operating a gas collection and control system, then we will consider the landfill new and treat it under the New Source Performance Standard for MSW landfills rather than under the emission guidelines. Table 1 State, locality, territory Negative declaration submitted? District of Columbia Yes Maine Yes New Hampshire Yes Philadelphia, Pennsylvania Yes Rhode Island Yes Vermont Yes Washoe County, Nevada Yes Table 2 - States, localities and territories with a state plan that is EPA-Approved and Effective Existing MSW landfills in states, localities and territories that have EPA-approved and effective state plans are subject to the state plan and not our federal plan. Exceptions: • The whole state plan or a part of it is vacated (made legally void). • The state plan is changed to make it less stringent than the emission guidelines. Table 2 State, local, territory Effective date of state plan Alabama December 7, 1998 Allegheny County, Pennsylvania April 16, 1999 Arizona November 19, 1999 California November 22, 1999 Chattanooga, Tennessee April 24, 2000 Colorado September 28, 1998 Delaware November 16, 1999 2 ------- State, local, territory Effective date of state plan Florida August 3, 1999 Georgia January 12, 1999 Idaho May 30, 2000 Illinois January 22, 1999 Indiana May 30, 2000 Iowa June 22, 1998 Kansas May 19, 1998 Kentucky June 21, 1999 Knox County, Tennessee April 24, 2000 Louisiana October 28, 1997 Maryland November 8, 1999 Minnesota September 25, 1998 Missouri June 23, 1998 Montana September 8, 1998 Nashville, Tennessee February 16, 1999 Nebraska June 23, 1998 Nevada November 19, 1999 New Mexico February 10, 1998 New York September 17, 1999 North Dakota February 13, 1998 Ohio October 6, 1998 Oklahoma May 18, 1999 Oregon August 25, 1998 Puerto Rico August 15, 2002 South Carolina October 25, 1999 3 ------- State, local, territory Effective date of state plan South Dakota August 2, 1999 Tennessee November 29, 1999 Texas August 16, 1999 Utah March 16, 1998 West Virginia July 23, 2001 Wyoming July 31, 1998 Table 3 - States, localities, and territories without a negative declaration and without a state plan that is EPA-approved and effective Existing MSW landfills in states, localities, and territories listed in Table 3 are subject to our federal plan unless we approve a state plan and it becomes effective.3 States, localities, and territories that have submitted state plans that we are reviewing (column 2) or that are expecting to submit a state plan (column 3) and do, will be subject to their state plans if we approve them. If we receive a state plan after the federal plan is final, we will review the state plan and approve it if it meets the criteria for an approvable state plan.4 Existing landfills are likely to be subject to our final federal plan in states, localities, and territories that are not expected to submit a state plan (column 4). If such a state, locality, or territory requests and is granted delegation of the federal plan, then it (not EPA) will implement and enforce the federal plan. Table 3 State, locality, State or tribal plan State or tribal plan No state or tribal plan territory under EPA review, to EPA by, expected. Has state or date Tribe taken delegation of / federal plan?, Yes or No Alaska No 3 A state plan becomes effective on the date specified in the notice published in the Federal Register announcing EPA's approval. The federal plan became effective on January 7, 2000. 4 The criteria for an approvable state plan are described in the document, Municipal Solid Waste Landfills, Volume 2: Summary of the Requirements for Section 111(d) State Plans for Implementing the Municipal Solid Waste Landfills Emission Guidelines (http://www.epa.gov/ttn/uatw/landfill/landflpg.html). 4 ------- State, locality, territory State or tribal plan under EPA review, ~ State or tribal plan to EPA by, date No state or tribal plan expected. Has state or Tribe taken delegation of federal plan?, Yes or No Albuquerque, New Mexico No American Samoa No Arkansas / California Air Pollution Control Districts5 Clark County, Nevada Connecticut No Guam No Hawaii May take delegation Massachusetts No Michigan Mississippi No New Jersey ? North Carolina No Northern Mariana Islands No Pennsylvania / Virgin Islands 2003 No Virginia 2005 5Districts include Antelope Valley, Calaveras County, Imperial County, Mendocino County, Modoc County, San Joaquin Valley Unified, San Luis Obispo County, and Siskiyou County 5 ------- State, locality, State or tribal plan State or tribal plan No state or tribal plan territory under EPA review, to EPA by, expected. Has state or date Tribe taken delegation of / federal plan?, Yes or No Washington No Wisconsin Disclaimer We have provided these tables as a matter of convenience. The information is correct to the best of our knowledge, but, it isn't controlling in determining whether a MSW landfill is subject to a state or tribal plan or to our federal plan. If this information is inaccurate, please notify Ms. Mary Ann Warner at (919) 541-1192 or at warner.marvann@epa.gov. 6 ------- |