SECTION 113.2404. Standards for Existing Municipal Solid Waste Landfills  


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  • (a) Except as specifically provided otherwise in §§113.2400 - 113.2412 of this title, an owner or operator of an existing municipal solid waste landfill (MSWLF) subject to the requirements of this division shall comply with the applicable provisions specified in 40 CFR Part 60, Subpart Cf, as follows:

    (1) 40 CFR §60.31f, relating to Designated Facilities, as amended through August 29, 2016;

    (2) 40 CFR §60.32f, relating to Compliance Times, as amended through August 29, 2016;

    (3) 40 CFR §60.33f, relating to Emission Guidelines for municipal solid waste landfill emissions, as amended through August 29, 2016;

    (4) 40 CFR §60.34f, relating to Operational Standards for collection and control systems, as amended through March 26, 2020;

    (5) 40 CFR §60.35f, relating to Test methods and procedures, as amended through August 29, 2016;

    (6) 40 CFR §60.36f, relating to Compliance provisions, as amended through March 26, 2020;

    (7) 40 CFR §60.37f, relating to Monitoring of operations, as amended through March 26, 2020;

    (8) 40 CFR §60.38f, relating to Reporting guidelines, as amended through March 26, 2020;

    (9) 40 CFR §60.39f, relating to Recordkeeping guidelines, as amended through March 26, 2020; and

    (10) 40 CFR §60.40f, relating to Specifications for active collection systems, as amended through August 29, 2016.

    (b) Gas collection and control systems approved by the commission and installed at an MSWLF in compliance with §115.152 of this title (relating to Control Requirements), satisfy the gas collection and control system design requirements of 40 CFR §60.33f(b) and (c) for purposes of this section.

    (c) Legacy controlled landfills or landfills in the closed landfill subcategory that have already installed control systems and completed initial or subsequent performance tests may comply with this division using the initial or most recent performance test conducted to comply with 40 CFR Part 60, Subpart WWW, or 30 TAC Chapter 113, Subchapter D, Division 1 of this title.

    (d) Legacy controlled landfills shall comply with the requirements of 40 CFR §62.16714(b)(1), as amended through May 21, 2021, in lieu of the requirements of 40 CFR §60.33f(b)(1).

Source Note: The provisions of this §113.2404 adopted to be effective July 19, 2023, 48 TexReg 3913