Municipal Solid Waste (MSW) Landfill MACT
Summary
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6. How are New and Existing Sources Defined Differently for Purposes
of the NESHAP and for the EG/NSPS?
 For
the MSW landfill final rule, a new affected source is one that commenced
construction or reconstruction (defined in 40 CFR part 63, subpart
A) after November 7, 2000. An existing affected source is any affected
source that is not a new source, that is, any source that commenced
construction on or before November 7, 2000, and accepted waste any
time since November 8, 1987, or has additional capacity for waste
deposition. For purposes of the NSPS, a new source is each MSW landfill
for which construction, modification, or reconstruction commenced
on or after May 30, 1991. For purposes of the EG, an existing source
is any MSW landfill that is not a new source and has accepted waste
since November 8, 1987, or has capacity for additional waste deposition.
Because regulatory impacts can vary based on these different definitions,
it is important for sources to know how they are defined and the
regulatory implications for each rule that applies to them.
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