Ala. Admin. Code r. 335-3-19-.02 - General Provisions
(1) The
provisions of this Chapter apply to each existing MSW landfill for which
construction , reconstruction or modification was commenced on or before July
17, 2014. Physical or operational changes made to an existing MSW landfill
solely to comply with this Chapter are not considered a modification or
reconstruction and would not subject an existing MSW landfill to the
requirements of Subpart XXX as incorporated by reference in rule
335-3-10-.02(76),
[see §60.760 of Subpart XXX, 40 CFR].
(a) The
requirements of this rule shall become effective upon final approval by
EPA.
(2) Collection and
control of MSW landfill emissions shall be required at each MSW landfill
meeting the following four conditions:
(a) The
landfill has accepted municipal solid waste at any time since November 8, 1987,
or has additional design capacity available for future waste
deposition.
(b) The landfill has a
design capacity greater than or equal to 2.5 million megagrams by mass and 2.5
million cubic meters by volume. The landfill may calculate design capacity in
either megagrams or cubic meters for comparison with the exemption values. Any
density conversions shall be documented and submitted with the design capacity
report; and
(c) The landfill has a
nonmethane organic compound emission rate greater than or equal to 34 megagrams
per year or Tier 4 surface emissions monitoring shows a surface emission
concentration of 500 parts per million methane or greater.
(d) The landfill in the closed landfill
subcategory and has an NMOC emission rate greater than or equal to 50 megagrams
per year or Tier 4 surface emissions monitoring shows a surface emission
concentration of 500 parts per million methane or greater.
(3) For purposes of obtaining an operating
permit under Chapter 335-3-16 of this Division, the owner or operator of a MSW
landfill subject to this Chapter 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 335-3-16, unless the
landfill is otherwise subject to Chapter 335-3-16. For purposes of submitting a
timely application for an operating permit , the owner or operator of a MSW
landfill subject to this Chapter with a design capacity greater than or equal
to 2.5 million megagrams and 2.5 million cubic meters on the effective date of
EPA's approval of the state's program [December 7, 1998], and not otherwise
subject to Chapter 335-3-16, becomes subject to the requirements of Chapter
335-3-16, 90 days after the effective date [March 7, 1999] of said program
approval, even if the design capacity report is submitted earlier.
(4) When a MSW landfill subject to this
Chapter is closed as defined in this rule, the owner or operator is no longer
subject to the requirement to maintain an operating permit under Chapter
335-3-16 for the landfill if the landfill is not otherwise subject to the
requirements of Chapter 335-3-16 and if either of the following conditions are
met.
(a) The landfill was never subject to the
requirement to install and operate a gas collection and control system under
rule
335-3-19-.03;
or
(b) The owner or operator meets
the condition for control system removal specified in rule
335-3-19-.03(1)(e).
(5) When an MSW landfill subject
to this rule is in the closed landfill subcategory, the owner or operator is
not subject to the following reports of this rule, provided the owner or
operator submitted these reports under the provisions of Subpart WWW as
incorporated by reference in rule
335-3-10-.02(75);
or under the provisions of this rule on or before July 17, 2014;
(b) Initial or
subsequent NMOC emission rate report specified in subparagraph
335-3-19-.03(6)(b)
of this rule, provided that the most recent NMOC emission rate report indicated
the NMOC emissions were below 50 Mg/yr.
(c) Collection and control system design plan
specified in subparagraph
335-3-19-.03(6)(c)
of this rule.
(e) Equipment removal
report specified in subparagraph
335-3-19-.03(6)(f)
of this rule.
(f) Initial annual
report specified in subparagraph
335-3-19-.03(6)(g)
of this rule.
(g) initial
performance test report in subparagraph
335-3-19-.03(6)(h)
of this rule.
Notes
Author: Ronald W. Gore
Statutory Authority: Code of Ala. 1975, §§ 22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.
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