--- kind: "range" citation: "40 C.F.R. §§ 60.5730–60.5830" title: "40" from: "60.5730" to: "60.5830" count: 21 url: "https://uscodex.org/cfr/40/60.5730..60.5830" --- # §60.5730. Who must submit a materials separation plan? - (a) You must prepare a materials separation plan for your municipal waste combustor if you commence construction of a new large municipal waste combustor after January 23, 2024. - (b) You must prepare a materials separation plan if you are required to submit an initial application for a construction permit, under [40 CFR part 51](/cfr/40/part51.md), [subpart I](/cfr/40/subpartI.md), or [part 52](/cfr/40/part52.md), as applicable, for the reconstruction or modification of your municipal waste combustor. # §60.5735. What is a materials separation plan? The plan identifies a goal and an approach for separating certain components of municipal solid waste for a given service area prior to waste combustion and making them available for recycling. # §60.5740. What steps must I complete for my materials separation plan? - (a) For your materials separation plan, you must complete all of the following nine steps: - (1) **Prepare a draft materials separation plan.** - (2) **Make your draft plan available to the public.** - (3) **Hold a public meeting on your draft plan.** - (4) **Prepare responses to public comments received during the public comment period on your draft plan.** - (5) **Prepare a revised materials separation plan.** - (6) **Discuss the revised plan at the public meeting for review of the siting analysis.** - (7) **Prepare responses to public comments received on your revised plan.** - (8) **Prepare a final materials separation plan.** - (9) **Submit the final materials separation plan.** - (b) You may use analyses conducted under the requirements of [40 CFR part 51](/cfr/40/part51.md), [subpart I](/cfr/40/subpartI.md), or [part 52](/cfr/40/part52.md), to comply with some of the materials separation requirements of this subpart. # §60.5745. What must I include in my draft materials separation plan? - (a) You must prepare and submit a draft materials separation plan for your municipal waste combustor and its service area. - (b) Your draft materials separation plan must identify a goal and an approach for separating certain components of municipal solid waste for a given service area prior to waste combustion and making them available for recycling. A materials separation plan may include such elements as drop off facilities, buy-back or deposit-return incentives, programs for curbside pickup, and centralized systems for mechanical separation. - (c) Your materials separation plan may include different goals or approaches for different subareas in the service area. - (d) Your materials separation plan may exclude materials separation activities for certain subareas or, if warranted, the entire service area. # §60.5750. How do I make my draft materials separation plan available to the public? - (a) Distribute your draft materials separation plan to the principal public libraries in the area where you will construct the municipal waste combustor. - (b) **Publish a notice of a public meeting in the principal newspapers that serve two areas—** - (1) The area where you will construct the municipal waste combustor. - (2) The areas where the waste that your municipal waste combustor combusts will be collected. - (c) **Include six items in your notice of the public meeting—** - (1) **The date of the public meeting.** - (2) **The time of the public meeting.** - (3) **The location of the public meeting.** - (4) **The location of the public libraries where the public can find your materials separation plan.** Include the normal business hours of each library. - (5) An agenda of the topics that will be discussed at the public meeting. - (6) **The beginning and ending dates of the public comment period on your draft materials separation plan.** # §60.5755. When must I accept comments on the materials separation plan? - (a) You must accept verbal comments at the public meeting. - (b) You must accept written comments any time during the period that begins on the date the document is distributed to the principal public libraries and ends 30 days after the date of the public meeting. # §60.5760. Where and when must I hold a public meeting on my draft materials separation plan? - (a) You must hold a public meeting and accept comments on your draft materials separation plan. - (b) You must hold the public meeting in the county where you will construct the municipal waste combustor. - (c) You must schedule the public meeting to occur 30 days or more after you make your draft materials separation plan available to the public. - (d) You may combine the public meeting with any other public meeting required as part of any other federal, state, or local permit review. However, you may not combine it with the public meeting required for the siting analysis under “Preconstruction Requirements: Siting Analysis” ([§ 60.5820](/cfr/40/60.5820.md)). - (e) You are encouraged to address eight topics at the public meeting for your draft materials separation plan: - (1) **Expected size of the service area for your municipal waste combustor.** - (2) **Amount of waste generation (waste collection) anticipated in the service area.** - (3) **Types and estimated amounts of materials proposed for separation.** - (4) **Methods proposed for materials separation.** - (5) **Amount of residual waste for disposal.** - (6) **Alternate disposal methods for handling the residual waste.** - (7) Where your responses to public comments on the draft materials separation plan will be available for inspection. - (8) Where your revised materials separation plan will be available for inspection. - (f) You must prepare a transcript of the public meeting on your draft materials separation plan. # §60.5765. What must I do with any public comments I receive during the public comment period on my draft materials separation plan? You must do all of the following three steps: - (a) **Prepare written responses to any public comments you received during the public comment period.** Summarize the responses to public comments in a document that is separate from your revised materials separation plan. - (b) Make the comment response document available to the public (including distribution of the document at least to the principal public libraries used to announce the public meeting) in the service area where you will construct your municipal waste combustor. - (c) Prepare a revised materials separation plan for the municipal waste combustor that includes, as appropriate, changes made in response to any public comments you received during the public comment period. # §60.5770. What must I do with my revised materials separation plan? You must do the following two tasks: - (a) As specified under “Reporting” ([§ 60.6055](/cfr/40/60.6055.md)), submit copies of all of the following five items to the Administrator on or before the date you submit the application for a construction permit under [40 CFR part 51](/cfr/40/part51.md), subpart [I](/cfr/40/subpartI.md), or [40](/cfr/40/subpart40.md) CFR [part 52](/cfr/40/part52.md). (If you are not required to submit an application for a construction permit under [40 CFR part 51](/cfr/40/part51.md), subpart [I](/cfr/40/subpartI.md), or [40](/cfr/40/subpart40.md) CFR [part 52](/cfr/40/part52.md), submit copies of the five items to the Administrator by the date of your notice of construction under [§ 60.6060](/cfr/40/60.6060.md)): - (1) **Your draft materials separation plan.** - (2) **Your revised materials separation plan.** - (3) **Your notice of the public meeting for your draft materials separation plan.** - (4) **A transcript of the public meeting on your draft materials separation plan.** - (5) The document that summarizes your responses to the public comments you received during the public comment period on your draft materials separation plan. - (b) Make your revised materials separation plan available to the public as part of the distribution of the siting analysis procedures under “Preconstruction Requirements: Siting Analysis” ([§ 60.5810](/cfr/40/60.5810.md)). # §60.5775. What must I include in the public meeting on my revised materials separation plan and siting analysis? As part of the public meeting for review of the siting analysis, as specified under “Preconstruction Requirements: Siting Analysis” ([§ 60.5820](/cfr/40/60.5820.md)), you must discuss the two following areas: - (a) How the revised materials separation plan has changed from your draft materials separation plan discussed at the first public meeting ([§ 60.5760](/cfr/40/60.5760.md)). - (b) **Questions about your revised materials separation plan.** # §60.5780. What must I do with any public comments I receive on my revised materials separation plan? - (a) If you receive any comments on the revised materials separation plan, you must prepare written responses to any public comments and include them in the document that summarizes your responses to public comments on the siting analysis. - (b) Prepare a final materials separation plan that includes, as appropriate, changes made in response to any public comments you received on your revised materials separation plan. # §60.5785. How do I submit my final materials separation plan? As specified under “Reporting” ([§ 60.6060](/cfr/40/60.6060.md)), submit your final materials separation plan to the Administrator as part of the initial notice of construction for the municipal waste combustor. # §60.5790. Who must submit a siting analysis? - (a) You must prepare a siting analysis if you commence construction of a large municipal waste combustor after January 23, 2024. - (b) You must prepare a siting analysis if you are required to submit an initial application for a construction permit, under [40 CFR part 51](/cfr/40/part51.md), subpart [I](/cfr/40/subpartI.md), or [40](/cfr/40/subpart40.md) CFR [part 52](/cfr/40/part52.md), as applicable, for the reconstruction or modification of your municipal waste combustor. # §60.5795. What is a siting analysis? The siting analysis addresses how your municipal waste combustor affects ambient air quality, visibility, soils, vegetation, and other relevant factors. The analysis shall consider air pollution control alternatives that minimize, on a site-specific basis, to the maximum extent practicable, potential risks to the public health or the environment. # §60.5800. What steps must I complete for my siting analysis? - (a) For your siting analysis, you must complete all of the following five steps: - (1) **Prepare an analysis.** - (2) **Make your analysis available to the public.** - (3) **Hold a public meeting on your analysis.** - (4) **Prepare responses to public comments received on your analysis.** - (5) **Submit your analysis.** - (b) If you commence construction after January 23, 2024, you must prepare a siting analysis according to the requirements of [40 CFR part 51](/cfr/40/part51.md), subpart [I](/cfr/40/subpartI.md), or [40](/cfr/40/subpart40.md) CFR [part 52](/cfr/40/part52.md), as applicable, and must submit the siting analysis as part of the initial notification of construction. You may use analyses conducted under the requirements of [40 CFR part 51](/cfr/40/part51.md), [subpart I](/cfr/40/subpartI.md), or [part 52](/cfr/40/part52.md) to comply with some of the siting analysis requirements of this subpart. # §60.5805. What must I include in my siting analysis? - (a) **Include an analysis of how your municipal waste combustor affects the following four areas—** - (1) **Ambient air quality.** - (2) **Visibility.** - (3) **Soils.** - (4) **Vegetation.** - (b) Include an analysis of air pollution control alternatives that minimize, on a site-specific basis, the potential risks to the public health and the environment to the maximum extent practicable. # §60.5810. How do I make my siting analysis available to the public? - (a) Distribute your siting analysis and revised materials separation plan to the principal public libraries in the area where you will construct your municipal waste combustor. - (b) **Publish a notice of a public meeting in the principal newspapers that serve the following two areas—** - (1) The area where you will construct your municipal waste combustor. - (2) The areas where the waste that your municipal waste combustor combusts will be collected. - (c) **Include six items in your notice of the public meeting—** - (1) **The date of the public meeting.** - (2) **The time of the public meeting.** - (3) **The location of the public meeting.** - (4) The location of the public libraries where the public can find your siting analysis and revised materials separation plan. Include the normal business hours of each library. - (5) An agenda of the topics that will be discussed at the public meeting. - (6) The beginning and ending dates of the public comment period on your siting analysis and revised materials separation plan. # §60.5815. When must I accept comments on the siting analysis and revised materials separation plan? - (a) You must accept verbal comments at the public meeting. - (b) You must accept written comments anytime during the period that begins on the date the document is distributed to the principal public libraries and ends 30 days after the date of the public meeting. # §60.5820. Where and when must I hold a public meeting on the siting analysis? - (a) You must hold a public meeting to discuss and accept comments on your siting analysis and your revised materials separation plan. - (b) You must hold the public meeting in the county where you will construct your municipal waste combustor. - (c) You must schedule the public meeting to occur 30 days or more after you make your siting analysis and revised materials separation plan available to the public. - (d) You must prepare a transcript of the public meeting on your siting analysis. # §60.5825. What must I do with any public comments I receive during the public comment period on my siting analysis? If you receive any comments on the siting analysis, you must do the following three things: - (a) Prepare written responses to any public comments on your siting analysis and the revised materials separation plan you received during the public comment period. Summarize the responses to public comments in a document that is separate from your materials separation plan and siting analysis. - (b) Make the document summarizing responses to public comments available to the public in the service area where you will construct your municipal waste combustor. You must distribute the document to all public libraries in the service area where the affected facility is to be located, including the public libraries used to announce the meeting. - (c) Prepare a final siting analysis for the municipal waste combustor that includes, as appropriate, changes made in response to any public comments you received during the public comment period. # §60.5830. How do I submit my siting analysis? As specified under “Reporting” ([§ 60.6060](/cfr/40/60.6060.md)), submit all four of the following items as part of the notice of construction: - (a) **Your final siting analysis.** - (b) **Your notice of the public meeting on your siting analysis.** - (c) **A transcript of the public meeting on your siting analysis.** - (d) The document that summarizes your responses to the public comments you received during the public comment period.