SECTION 330.985. Applicability and Exceptions

(a) This subchapter authorizes air emissions from municipal solid waste landfill sites and transfer stations that meet the conditions listed in this subchapter. Individual authorizations under this subchapter are not subject to public notice or comment or contested case hearing opportunity.

(b) This standard permit does not relieve the owner and/or operator from complying with any other applicable provisions of the Texas Health and Safety Code, Texas Water Code, rules of the Texas Commission on Environmental Quality, or any other applicable state and federal rules and regulations.

(c) An owner and/or operator may claim this standard permit for the operation, construction, or modification of a municipal solid waste landfill or a Type V transfer station including Type I, Type IAE, Type IV, and Type IVAE landfill as defined in §330.5 of this title (relating to Classification of Municipal Solid Waste Facilities), except as specified in subsection (d) of this section.

(d) Exceptions.

(1) Any project that constitutes a new major source, or major modification under the new source review requirements of the Federal Clean Air Act, Part C (Prevention of Significant Deterioration of Air Quality) or Part D (Plan Requirements for Nonattainment Areas), and the related adopted regulations are subject to the requirements of §116.110 of this title (relating to Applicability) rather than this subchapter.

(2) Separate permit authorization under Chapter 106 of this title (relating to Permits by Rule) or Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) must be obtained for the following activities at a site and may not be claimed under this subchapter:

(A) incineration (not including flares or air curtain incinerators), other than that used to control landfill gas emissions, as defined in 40 Code of Federal Regulations Part 60, Subpart WWW;

(B) rock crushers not used as temporary installations exclusively for cell construction, concrete batch plants, or hot mix asphalt concrete plants;

(C) composting; and

(D) a municipal solid waste landfill site that is permitted to accept 51% or more by weight or volume of Class 1 industrial nonhazardous waste.

Source Note: The provisions of this §330.985 adopted to be effective March 27, 2006, 31 TexReg 2502