(a) Definitions. For purposes of this section: - (i) The term "Municipal solid waste landfill" shall mean the entire disposal facility in a contiguous geographical space where household waste, commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, or industrial solid waste is placed in or on land. Portions of the municipal solid waste landfill may be separated by access roads. A municipal solid waste landfill may be publicly or privately owned. A municipal solid waste landfill may be a new landfill, an existing landfill, or a lateral expansion.
- (ii) The term "Existing municipal solid waste landfill" shall mean a municipal solid waste landfill that commenced construction, reconstruction or modification before May 30, 1991. An existing municipal solid waste landfill may be active or closed. Physical or operational changes made to an existing municipal solid waste landfill solely to comply with the emission limits are not considered a modification or reconstruction.
(b) Chapter 6, Section 3 applicability: - (i) For purposes of obtaining an operating permit under Section 30, the owner or operator of a MSW landfill subject to this section with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters is not subject to the requirement to obtain an operating permit for the landfill under Chapter 6, Section 3. For purposes of submitting a timely application for an operating permit under Chapter 6, Section 3, the owner or operator of a MSW landfill subject to this section with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters on July 31, 1998 and not otherwise subject to Chapter 6, Section 3, becomes subject to the requirements of Chapter 6, Section 3(c)(i)(A) on October 29, 1998.
- (ii) When a MSW landfill subject to this section is closed, the owner or operator is no longer subject to the requirement to maintain an operating permit under Chapter 6, Section 3 for the landfill if the landfill is not otherwise subject to the requirements of Chapter 6, Section 3 and if either of the following conditions are met:
- (A) The landfill was never subject to the requirement for a control system under Chapter 4, Section 4(d); or
- (B) The owner or operator meets the conditions for control system removal specified in Chapter 5, Section 2(b), Subpart WWW § 60.752.
(c) The owner or operator of an existing municipal solid waste landfill that meets the following conditions (i)-(iii) shall comply with (d) through (j) of this section. - (i) The landfill has accepted waste at any time since November 8, 1987 or has additional design capacity available for future waste deposition;
- (ii) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters (3.27 million cubic yards);
- (iii) The landfill has a non-methane organic compound emission rate of 50 megagrams per year (55 tons per year) or more. The calculation of the landfill non-methane organic compound emission rate shall follow the test methods and procedures in Chapter 5, Section 2(b), Subpart WWW § 60.754, to determine the landfill non-methane organic compound emission rate;
- (iv) The owner or operator of each existing municipal solid waste landfill meeting the condition in subsection (i) shall submit a design capacity report within 90 days of the effective date of this regulation. If the design capacity of the landfill meets the condition in subsection (ii), then the owner or operator shall also submit an initial non-methane organic compound emission rate report in accordance with the procedures in Chapter 5, Section 2(b), Subpart WWW § 60.754, within 90 days of the effective date of this regulation and annually or every five years thereafter in accordance with Chapter 5, Section 2(b), Subpart WWW § 60.757(b). If the facility meets the conditions of subsections (i)-(iii), then the facility is considered to be an affected facility for purposes of this regulation.
(d) The owner or operator of an existing municipal solid waste landfill that is defined as an affected facility under (c) of this section shall install a collection and control system that meets the conditions provided in Chapter 5, Section 2(b), Subpart WWW § 60.752(b)(2)(ii). The control system must meet one of the following requirements: - (i) An open flare designed and operated in accordance with the parameters established in Chapter 5, Section 2(m);
- (ii) A control system designed and operated to reduce non-methane organic compounds by 98 weight percent; or
- (iii) An enclosed combustor designed and operated to either reduce non-methane organic compounds by 98 weight percent or the outlet non-methane organic compound concentration to 20 parts per million as hexane by volume, dry basis at three percent oxygen or less.
(e) The owner or operator of an existing municipal solid waste landfill that is defined as an affected facility under (c) of this section shall submit plans and specifications for the collection and control system for review and approval by the Division. The collection and control system design plan shall be prepared by a professional engineer. The Division shall review and approve or disapprove the design plan within 60 days from date of receipt.
(f) Compliance schedules: The owner or operator of an existing solid waste municipal landfill that is defined as an affected facility under (c) of this section shall comply with the control requirements on the following schedule: - (i) If the landfill's non-methane organic carbon emission rate is equal to or greater than 50 megagrams/yr, then the owner or operator shall submit a final control plan to the Division for review and approval no later than one year from the date of submission on the first annual emission rate report. The final control plan shall include:
- (A) A date for the award of contracts for a gas collection and control system, no later than 20 months after the effective date of this regulation;
- (B) A date for initiating on-site construction or installation of the collection and control systems, no later than 24 months after the effective date of this regulation;
- (C) A date for completing on-site construction or installation of collection and control systems, no later than 30 months after the date the initial NMOC emission rate report shows NMOC emissions equal or exceed 50 megagrams per year; and
- (D) A date demonstrating compliance, no later than 180 days after the installation of the collection and control system.
- (ii) The owner and operator of each existing municipal solid waste landfill meeting the conditions of Chapter 4, Sections 4(c)(i) and (ii) whose non-methane organic compound emission rate is less than 50 megagrams per year on the effective date of this regulation shall submit a final control plan to the Division within one year after its non-methane organic compound emissions exceed 50 megagrams per year. The final control plan shall include:
- (A) A date for the award of contracts for a gas collection and control system, no later than 20 months after the landfill becomes an affected facility under Chapter 4, Section 4(c)(iv);
- (B) A date for initiation on-site construction or installation of the collection and control systems, no later than 24 months after the landfill becomes an affected facility under Chapter 4, Section 4(c)(iv);
- (C) A date for completing on-site construction or installation of collection and control systems, no later than 30 months after the landfill becomes an affected facility under Chapter 4, Section 4(c)(iv); and
- (D) A date for demonstrating compliance, no later than 180 days after the installation of the collection and control system.
- (iii) Upon submission and review of the final control plan by the Division, the compliance schedule described in Chapter 4, Section 4(f)(i) or (ii) shall be incorporated into a Department Order.
(g) The owner or operator of an existing municipal solid waste landfill that is defined as an affected facility under (c) of this section, shall meet the operational standards for collection and control systems in Chapter 5, Section 2(b), Subpart WWW § 60.753.
(h) The owner or operator of an existing municipal solid waste landfill that is defined as an affected facility under (c) of this section, shall meet the compliance provisions in Chapter 5, Section 2(b) Subpart WWW § 60.755.
(i) The owner or operator of an existing municipal solid waste landfill that is defined as an affected facility under (c) of this section, shall meet the monitoring provisions in Chapter 5, Section 2(b), Subpart WWW § 60.756.
(j) The owner or operator of an existing municipal solid waste landfill that is defined as an affected facility under (c) of this section, shall meet the reporting provisions in Chapter 5, Section 2(b), Subpart WWW § 60.757, and the recordkeeping provisions in Chapter 5, Section 2(b), Subpart WWW § 60.758.
Amended, Eff. 12/20/2016.