Mo. Code Regs. tit. 10 § 10-5.490
Current through Register Vol. 49, No.12, June 17, 2024
Section 10 CSR 10-5.490 - Municipal Solid Waste LandfillsPURPOSE: The purpose of this rule amendment is to update the rule purpose, applicability, definitions, and federal regulatory requirements for existing municipal solid waste landfills in Missouri. The evidence supporting the need for this proposed rulemaking is Federal Register Notice 81 FR 59276, dated August 29, 2016; Federal Register Notice 84 FR 44547, dated August 26, 2019; and Federal Register Notice 86 FR 27756, dated May 21, 2021.
PURPOSE: The rule is part of a Clean Air Act Section 111(d) State Plan. The rule allows Missouri to take delegation and enforcement authority of the federal requirements for affected facilities in Missouri. The requirements in this rule are identical to the federal requirements except that this rule implements a smaller landfill size limit and a lower emission cutoff limit that triggers requirements for gas collection and control systems when compared to the federal requirements, consistent with the 15 Percent Rate of Progress Plan under the 1979 one- (1-) hour ozone standard. This rule requires owners or operators of municipal solid waste landfills to report their landfill's design capacity and non-methane organic compound (NMOC) emissions. Landfills having design capacities and NMOC emission rates above the regulatory cutoff must design , install, and operate a gas collection and control system.
(1) Applicability. (A) This rule applies to all municipal solid waste (MSW) landfills located throughout St. Louis City and Franklin, Jefferson, St. Charles, and St. Louis Counties that have accepted waste any time since November 8, 1987, or have additional capacity available for future waste deposition, and that commenced construction, reconstruction, or modification on or before July 17, 2014. Landfills that commenced construction, reconstruction, or modification after July 17, 2014, are subject to the requirements of the Environmental Protection Agency's New Source Performance Standard for Municipal Solid Waste Landfills 40 CFR 60, Subpart XXX.(B) Physical or operational changes made to an existing MSW landfill solely to comply with this rule are not considered construction, reconstruction, or modification and do not subject an existing MSW landfill to the requirements of 40 CFR 60, Subpart XXX.(2) Definitions. The provisions of 40 CFR 62.16730, promulgated as of July 1, 2021, including the revision published at 87 FR 8203 (effective February 14, 2022), are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. The definitions of 40 CFR 62.16730 apply, except that anywhere two and one half (2.5) million megagrams (Mg) and two and one half (2.5) million cubic meters (m3) appears in 40 CFR 62.16730, it shall be replaced with one (1.0) million Mg and one (1.0) million m3 for the purposes of this rule.(3) General Provisions. The provisions of 40 CFR 62.16711(e) and (f), 40 CFR 62.16712 through 62.16716, 40 CFR 62.16720 through 62.16722, 40 CFR 62.16728, and Table 1 in Subpart OOO of Part 62, promulgated as of July 1, 2021, including the revision published at 87 FR 8203 (effective February 14, 2022), are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. Owners and operators of MSW landfills subject to this rule must comply with the following: (A) Title V operating permit requirements-- 40 CFR 62.16711(e);(B) Exemptions for Part 70 operating permit requirements for closed landfills-- 40 CFR 62.16711(f);(C) Compliance schedule and increments of progress-- 40 CFR 62.16712 and Table 1 in Subpart OOO of Part 62 applies, except that for the purposes of this rule-- 1. One (1.0) million Mg and one (1.0) million m3 shall replace two and one half (2.5) million Mg and two and one half (2.5) million m3 as it appears in 40 CFR 62.16712; and2. Twenty-five (25) Mg shall replace thirty-four (34) Mg and fifty (50) Mg as it appears in 40 CFR 62.16712 and Table 1 to Subpart OOO of Part 62;(D) Standards for municipal solid waste landfill emissions-- 40 CFR 62.16714 applies, except that for the purposes of this rule-- 1. One (1.0) million Mg and one (1.0) million m3 shall replace two and one half (2.5) million Mg and two and one half (2.5) million m3 as it appears in 40 CFR 62.16714; and2. Twenty-five (25) Mg shall replace thirty-four (34) Mg and fifty (50) Mg as it appears in 40 CFR 62.16714; (E) Operational standards for collection and control systems-- 40 CFR 62.16716;(F) Compliance provisions-- 40 CFR 62.16720; (G) Monitoring of operations-- 40 CFR 62.16722; and(H) Specifications for active collection systems-- 40 CFR 62.16728.(4) Reporting and Record Keeping. The provisions of 40 CFR 62.16711(g) and (h), and 40 CFR 62.16724 through 62.16726, promulgated as of July 1, 2021, are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. Owners and operators of MSW landfills subject to this rule must comply with the following: (A) Reporting guidelines-- 40 CFR 62.16724 applies, except that for the purposes of this rule-- 1. One (1.0) million Mg and one (1.0) million m3 shall replace two and one half (2.5) million Mg and two and one half (2.5) million m3 as it appears in 40 CFR 62.16724; and2. Twenty-five (25) Mg shall replace thirty-four (34) Mg and fifty (50) Mg as it appears in 40 CFR 62.16724;(B) Reporting Exemptions-- 1. Exemptions for reporting requirements for closed landfills-- 40 CFR 62.16711(g) applies, except that for the purposes of this rule, twenty-five (25) Mg shall replace fifty (50) Mg as it appears in 40 CFR 62.16711(g); and2. Exemptions for reporting requirements for legacy controlled landfills-- 40 CFR 62.16711(h); and(C) Recordkeeping guidelines-- 40 CFR 62.16726 applies, except that for the purposes of this rule, one (1.0) million Mg and one (1.0) million m3 shall replace two and one half (2.5) million Mg and two and one half (2.5) million m3 as it appears in 40 CFR 62.16726. (5) Test Methods. The provisions of 40 CFR 62.16718, promulgated as of July 1, 2021, are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. The provisions of 40 CFR 62.16718 apply, except that for the purposes of this rule, twenty-five (25) Mg shall replace thirty-four (34) Mg as it appears in 40 CFR 62.16718. AUTHORITY: section 643.050, RSMo Supp. 2011.* Original rule filed May 15, 1996, effective 12/30/1996. Amended: Filed Oct. 7, 1999, effective 7/30/2000. Amended: Filed Sept. 26, 2011, effective 5/30/2012. Amended by Missouri Register June 1, 2022/Volume 47, Number 11, effective 7/31/2022*Original authority: 643.050, RSMo 1965, amended 1972, transferred from 203.050 in 1986, 1992, 1993, 1995, 2011.