N.M. Code R. § 20.11.71.14

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.71.14 - REQUIREMENTS FOR EXISTING MUNICIPAL SOLID WASTE LANDFILLS

A. Except as provided below, requirements for existing (active and closed) MSWLs will be in accordance with 40 CFR Part 60 Subpart Cf.

(1) Existing active and closed MSWLs will continue to comply with 40CFR Subpart Cc or WWW, as applicable, until the effective date of final EPA approval, as published in the federal register, of a state plan for Albuquerque - Bernalillo County implementing 40 CFR Part 60 Subpart Cf. Upon such EPA approval, existing (active and closed) MSWLs will comply with 40 CFR Part 60 Subpart Cf.

(2) Each owner or operator of an existing (active or closed) MSWL must comply with all provisions in 40 CFR Part 60 Subpart Cf notwithstanding any language therein characterizing provisions of 40 CFR Part 60 Subpart Cf as "guidelines."

B. All reports required in 40 CFR Part 60, Subpart Cf shall be submitted to the department according to the schedules outlined in that subpart and to the administrator of the EPA as required by that subpart. Additional notifications regarding progress toward meeting the final compliance schedule for control system installation and startup shall be submitted to the department as follows:

(1) Contracts for construction of collection and control systems shall be awarded or orders for purchase of components shall be completed no later than six months following submission of the final control plan as required by 40 CFR 60.38f(d);

(2) On-site construction or installation of the collection and control system shall be initiated no later than nine months following submission of the final control plan;

(3) On-site construction or installation of the collection and control system shall be completed no later than 29 months following the submission of an annual NMOC emission rate report showing NMOC emissions equal to or exceeding the emissions threshold in 40 CFR Part 60, Subpart Cf; and

(4) Initial performance testing shall occur no later than 150 days following the final compliance date in 40 CFR Part 60, Subpart Cf.

C.Exceptions: Unless otherwise specified in the applicable federal subpart, on a case by case basis and consistent with 40 CFR Part 60.24(f), an existing active or closed MSWL may apply for a less stringent emission standard or longer compliance schedule than those otherwise required by this part, provided that the owner or operator demonstrates to the department:

(1) Unreasonable cost of control, including, but not limited to, MSWL age, location, or basic design;

(2) Physical impossibility or impracticability of installing necessary control equipment; or

(3) Other environmental factors specific to the MSWL that make application of a less stringent standard or final compliance time significantly more reasonable.

N.M. Code R. § 20.11.71.14

20.11.71.14 NMAC - N, 1/1/06, Amended by New Mexico Register, Volume XXVIII, Issue 08, April 25, 2017, eff. 5/13/2017