(a) The provisions of this subpart apply to each municipal solid waste landfill that commenced construction, reconstruction or modification on or after May 30, 1991. Physical or operational changes made to an existing MSW landfill solely to comply with subpart Cc of this part are not considered construction, reconstruction, or modification for the purposes of this section.
(b) The following authorities shall be retained by the Administrator and not transferred to the State: Sec. 60.754(a)(5).
(c) Activities required by or conducted pursuant to a CERCLA, RCRA, or State remedial action are not considered construction, reconstruction, or modification for purposes of this subpart. [61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998]