N.M. Code R. § 20.2.64.111

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.64.111 - REQUIREMENTS FOR EXISTING MUNICIPAL SOLID WASTE LANDFILLS

A. Requirements for existing (active and closed) MSWLs shall be in accordance with 40 CFR 60 Subpart Cf, except as provided in Subsections B and C below.

B. All reports required in 40 CFR 60 Subpart Cf shall be submitted to the department according to the schedules outlined in 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;

(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 Subpart Cf; and

(4) Initial performance testing shall be scheduled for no later than 150 days following the final compliance date in Subpart Cf.

C.Exceptions: On a case by case basis, 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. § 20.2.64.111

12/20/96; 20.2.64.111 NMAC - Rn, 20 NMAC 2.64.111 10/31/02, Adopted by New Mexico Register, Volume XXVIII, Issue 10, May 30, 2017, eff. 5/31/2017