Section 330.987 - Certification Requirements(a) Type IV landfills are exempt from the requirements of this subsection.(b) Certification under this subchapter constitutes an acknowledgment and agreement that the permit holder will comply with all rules, regulations, and orders of the commission issued in conformity with Texas Clean Air Act, Texas Health and Safety Code, Chapter 382, and the conditions precedent to the claiming of this standard permit. If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition will govern. Acceptance includes consent to the entrance of commission employees and designated representatives of any local air pollution control agency having jurisdiction over the site into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the standard permit.(c) A certification under this subchapter is valid for a term not to exceed ten years from the date of receipt by the Texas Commission on Environmental Quality. An owner and/or operator is required to renew a certification by no later than the expiration date of the certification. The commission will provide written notice to operators of the renewal deadline at least 180 days prior to the expiration of the certification.(d) Two copies of the certification must be submitted to the Waste Permits Division. One copy must be submitted to the appropriate regional office, and one copy must be sent to any appropriate local air pollution control program having jurisdiction over the site. The certification must be based on the capacity of the landfill minimum of a ten-year period. The certification must include supporting documentation to demonstrate compliance with the conditions of this subchapter and any other applicable federal and state requirements, and at a minimum should include the following:(1) the basis and quantification of emission estimates;(2) sufficient information to demonstrate that the project will comply with all applicable conditions of this subchapter; and(3) a description of any equipment and related processes.(e) Certifications must be submitted as follows. (1) Owners or operators of existing municipal solid waste landfill sites that have been modified and do not continue to meet the existing standard permit under § 116.621 of this title (relating to Municipal Solid Waste Landfills) must certify.(2) Owners or operators must submit a certification for the initial construction of a municipal solid waste landfill under this subchapter at least 120 days prior to building or installation of any equipment or structure that may emit air contaminants.(3) Modifications to an existing municipal solid waste landfill site that results in a change in categories as listed in § 330.983 of this title (relating to Definitions) must submit a certification at least 60 days after changes occurring at the site.(f) New facilities or changes to existing facilities that do not cause a site to become ineligible for this standard permit can be authorized by meeting one of the following: (1) independently claiming the permit by rule under Chapter 106 of this title (relating to Permits by Rule) or a standard permit under Chapter 116, Subchapter F of this title (relating to Standard Permits), including all registrations, fees, and documentation. These independent registrations must be administratively incorporated at the next standard permit certification renewal or modification; or(2) including the claimed permit by rule or standard permit as a part of an initial or modified certification. A claimed permit by rule or standard permit included under a municipal solid waste landfill standard permit certification is exempt from the registration and fee requirements normally required of permits by rule or standard permits. The certification must include sufficient information necessary to demonstrate qualification for those authorizations. Certifications must meet the following: (A) update the site certification within one year of constructing new facilities or modifications if the cumulative amount of emissions resulting from the new facilities or modifications is: (i) less than five tons per year of any criteria air contaminant for sites located in a designated nonattainment area; or(ii) less than 25 tons per year of any criteria air contaminant for sites located in an attainment area;(B) update the site certification within 30 days of constructing new facilities or modifications if the site is not considered an existing major source in accordance with prevention of significant deterioration review or nonattainment new source review, and the cumulative amount of emissions for these changes is: (i) greater than or equal to five tons per year of any criteria air contaminant for sites located in a designated nonattainment area; or(ii) greater than or equal to 25 tons per year of any criteria air contaminant for sites located in attainment areas; or(C) update the site certification at least 30 days prior to the change, including any applicable major source netting demonstration as specified in § 116.150 of this title (relating to New Major Source or Major Modification in Ozone Nonattainment Areas), if the site is considered an existing major site in accordance with prevention of significant deterioration review or nonattainment new source review, and the cumulative amount of emissions for changes is: (i) greater than or equal to five tons per year of any criteria air contaminant for sites located in a designated nonattainment area; or(ii) greater than or equal to 25 tons per year of any criteria air contaminant for sites located in an attainment area.30 Tex. Admin. Code § 330.987
The provisions of this §330.987 adopted to be effective March 27, 2006, 31 TexReg 2502