7 Del. Admin. Code § 1120-28.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1120-28.0 - Standards of Performance for Municipal Solid Waste Landfills

The provisions of Subpart WWW - Standards of Performance for Municipal Solid Waste Landfills, of Part 60, Title 40 of the Code of Federal Regulations, as set forth in Vol. 61, No. 49, pp. 9919-9944, of the Federal Register, dated March 12, 1996, are hereby adopted by reference with the following changes:

28.1 Wherever the word "Administrator" appears it shall be replaced by the word "Department", with the exception of Section 60.750 (b).

28.2 Any subsection or appendix (including Appendix A - Reference Methods, 40 CFR Part 60 ) that is referenced in the text of the preceding adoption is also adopted by reference as it appears in Title 40 of the Code of Federal Regulations.

28.3 Section 60.750 (a) shall be replaced with the following language: "The provisions of this subpart apply to each municipal solid waste landfill, open or closed, that commenced construction, reconstruction, or modification on or after May 30, 1991 or that has accepted waste after November 8, 1987 or that has additional capacity available to accept waste."

28.4 Section 60.752 (a) shall be replaced with the following language: "Each owner or operator of a municipal solid waste landfill having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume shall submit an initial design capacity report to the Department as provided in Section 60.757 (a). The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and submitted with the report. For purposes of 7DE Admin Code1130, Title V State Operating Permit Program, a landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters does not require an operating permit under 7DE Admin Code1130, provided it is not a major source as defined in 7DE Admin Code1130. Submittal of the initial design capacity report shall fulfill the requirements of this subpart except as provided for in paragraphs (a)(1) and (a)(2) of this section."

28.5 Section 60.752 (b) shall be replaced with the following language: "Each owner or operator of an MSW landfill having a design capacity equal to or greater than 2.5 million megagrams or 2.5 million cubic meters, shall either comply with paragraph (b)(2) of this section or calculate an NMOC emission rate for the landfill using the procedures specified in Section 60.754. The NMOC emission rate shall be recalculated annually, except as provided in Section 60.757 (b)(1)(ii) of this subpart. The owner or operator of an MSW landfill subject to this subpart with a design capacity greater than or equal to 2.5 million megagrams or 2.5 million cubic meters is subject to 7DE Admin Code1130. When a landfill is closed, and either never needed control or meets the conditions for control system removal specified in Section 60.752 (b)(2) (v) of this subpart, a 7DE Admin Code1130 operating permit is no longer required."

28.6 Section 60.752 (b)(2)(ii) shall be replaced with the following language: "Install a collection and control system within 18 months of the submittal of the design plan under paragraph (b)(2)(i) of this section for municipal solid waste landfills that commenced construction, reconstruction, or modification on or after May 30, 1991, and as expeditiously as practicable but not later than September 30, 1998 for all other subject municipal solid waste landfills, that effectively captures the gas generated within the landfill."

28.7 Section 60.753 (g) shall be replaced with the following language: "If monitoring demonstrates that the operational requirement in paragraphs (b), (c), or (d) of this section are not met, corrective action shall be taken as specified in Section 60.755 (a)(3) through (5) or Section 60.755 (c) of this subpart. If corrective actions are taken as specified in Section 60.755, the monitored exceedance is not a violation of the operational requirements in this section."

28.8 Delete Section 60.754 (c).

28.9 Add new Section 60.757 (a)(1)(iv) as follows: "For a subject municipal solid waste landfill not constructed, reconstructed, or modified on or after May 30, 1991, the initial design capacity report shall be submitted the earlier of the date specified in a State construction or operating permit, if applicable, or within 90 days from the effective date of this regulation."

28.10 Section 60.757 (b)(1)(i) shall be replaced with the following language: "The initial NMOC emission rate report shall be submitted with the initial design capacity report required in paragraph (a) of this section. Subsequent NMOC emission rate reports shall be submitted annually thereafter, except as provided for in paragraphs (b)(1)(ii) and (b)(3) of this section."

12/11/2012

7 Del. Admin. Code § 1120-28.0