74:36:07:96Operating permits for existing municipal solid waste landfills.

The owner or operator of an existing municipal solid waste landfill having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume is exempt from the obligation to obtain a Part 70 operating permit, if the existing municipal solid waste landfill is not required to obtain a Part 70 operating permit for a reason other than being subject to the requirements for an existing municipal solid waste landfill. For purposes of submitting a timely application for a Part 70 operating permit, the owner or operator of an existing municipal solid waste landfill with a design capacity greater than or equal to 2.5 million megagrams by mass and 2.5 million cubic meters by volume on the effective date of EPA's approval of the state's § 111(d) plan required in the Clean Air Act, and not otherwise subject to a Part 70 operating permit, shall submit an application for a Part 70 operating permit within 90 days after the effective date of EPA's approval of the state's § 111(d) plan required in the Clean Air Act. The owner or operator is no longer subject to the requirement to maintain a Part 70 operating permit for the landfill if the landfill is closed and not otherwise subject to a Part 70 operating permit and if either of the following conditions are met: (1) The landfill was never subject to the requirement to install and operate a gas collection and control system; or (2) The landfill meets the conditions for control system removal criteria specified in § 74:36:07:144.

Source: 46 SDR 64, effective November 25, 2019.