Delegation of Authority to North Carolina and Forsyth County of the Federal Plan for Existing Landfills

The Environmental Protection Agency (EPA) is providing notification that it has approved requests from the state of North Carolina, submitted through the North Carolina Department of Environmental Quality (NCDEQ), and the Forsyth County Office of Environmental Assistance and Protection (FCOEAP or District) for the delegation of authority to implement and enforce the Federal Plan Requirements for Municipal Solid Waste (MSW) landfills that commenced construction on or before July 17, 2014, and have not been modified or reconstructed since July 17, 2014 (Federal Plan). The memorandum of agreement (MOA) between NCDEQ and EPA took effect on September 30, 2024, upon the signature of the EPA Region 4 Acting Regional Administrator. Similarly, the MOA between FCOEAP and EPA became effective on July 19, 2024, upon the same signature. The Federal Plan addresses the implementation and enforcement of the emission guidelines (EG) applicable to existing MSW landfills located in areas not covered by an approved and currently effective state plan. The Federal Plan imposes emission limits and other control requirements which will reduce designated pollutants for existing affected MSW landfills. The purpose of these delegations is to transfer primary implementation and enforcement responsibilities from EPA to NCDEQ and FCOEAP for existing affected MSW landfills. This document informs the public of the MOAs and amends regulatory text at 40 CFR subpart 62 to reflect these delegations.