Small Entities and Rulemaking
Potential SBAR Panel: Review of New Source Performance Standards and Amendments to Emission Guidelines for Municipal Solid Waste Landfills
Top Three Questions
- What is a Small Business Advocacy Review Panel?
- What is a Small Entity Representative (SER)?
- Who is eligible to be a SER?
What is the Implication of the Rulemaking on Small Entities?
Section 111(b)(1) of the Clean Air Act (CAA) directs EPA to review and, if appropriate, revise the New Source Performance Standards (NSPS) at least every 8 years after promulgation. This is a review of Subpart WWW, Standards of Performance for Municipal Solid Waste Landfills, 40 C.F.R. Sections 60.750 - 60.759 which was last promulgated in 1996. This action may also address issues identified in 2002 and 2006 in proposed amendments for the NSPS and Emissions Guidelines (EG).
Municipal Solid Waste (MSW) landfills, as defined in 40 CFR 60, Subpart WWW, refer to an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes such as commercial solid waste, non-hazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned.
Municipal solid waste landfill emissions, commonly known as landfill gas, refer to gas generated by the decomposition of organic waste deposited in an MSW landfill. Landfill gas is comprised of approximately 50 percent carbon dioxide, 50 percent methane, and trace amounts of nonmethane organic compounds (NMOCs), some of which are listed as hazardous air pollutants under section 112 of the Clean Air Act. Landfill gas is the regulated pollutant under Clean Air Act Section 111(b) and the designated pollutant under Section 111(d) of the Clean Air Act. NMOCs are measured as a surrogate for landfill gas emissions under Subpart WWW.
In conducting the review required by CAA section 111(b) for the MSW landfills source category, EPA issued a voluntary Information Collection Request (ICR) to obtain technical data needed to review this category. Landfill data were also obtained from a landfill and LFG energy project database maintained by EPA’s Landfill Methane Outreach Program (LMOP).
What is a Small Business Advocacy Review Panel?
EPA expects to conduct a Small Business Advocacy Review (SBAR) Panel for the development of a proposed rulemaking that reviews and, if appropriate, revises the NSPS for MSW landfills.
The Regulatory Flexibility Act as amended by the Small Business Regulatory Enforcement Fairness Act (RFA/SBREFA) requires EPA to convene an SBAR Panel for a proposed rule unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The Panel process offers an opportunity for small businesses, small governments, and small not-for-profit organizations (collectively referred to as small entities) to provide advice and recommendations to ensure that EPA carefully considers small entity concerns. The Panel itself is comprised of federal employees from EPA, the Office of Management and Budget, and the Office of Advocacy in the Small Business Administration (SBA). Small Entity Representatives (SERs) provide advice and recommendations to the Panel. Typically, EPA prefers that SERs be owner-operators of small businesses, small organization officials, or small government officials. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, also may serve as SERs. These other representatives are evaluated on a case by case basis.
Information about what constitutes a "small business" is available at the SBA’s Web page on size standards. A "small government" is defined as a jurisdiction serving a population of 50,000 residents or fewer. A “small organization” is defined as any “not-for-profit enterprise which is independently owned and operated and is not dominant in its field.” Small private landfills are those with revenues of $35.5 million or less and small government-owned landfills serve populations of 50,000 people or less.
How Can I Learn More?
If you are an MSW landfill, you may be affected by this rulemaking. While the opportunity to participate on this Panel has passed, you will have the chance to submit comments concerning this rulemaking during the standard public comment period commencing after publication of the notice of proposed rulemaking in the Federal Register.
Additional information about Review of New Source Performance Standards and Amendments to Emission Guidelines for Municipal Solid Waste Landfills is available on EPA’s website: http://www.epa.gov/ttnatw01/landfill/landflpg.html.
Semiannual updates about the development status of the rulemaking are available on: