Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENTAIR DIVISION - AIR POLLUTION CONTROL PROGRAM
Chapter 335-3-19 - CONTROL OF MUNICIPAL SOLID WASTE LANDFILL GAS EMISSIONS
Section 335-3-19-.02 - General Provisions

Ala. Admin. Code r. 335-3-19-.02

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Current through Register Vol. 43, No. 02, November 27, 2024
Section 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;
(a) Initial design capacity report specified in subparagraph 335-3-19-.03(6)(a) of this rule.
(b) Initial or subsequent NMOC emission rate report specified in subparagraph 335-3-19-.03(6)(c) 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)(d) of this rule.
(d) Closure report specified in subparagraph 335-3-19-.03(6) (f) of this rule.
(e) Equipment removal report specified in subparagraph 335-3-19-.03(6)(g) of this rule.
(f) Initial annual report specified in subparagraph 335-3-19-.03(6)(h) of this rule.
(g) initial performance test report in subparagraph 335-3-19-.03(6)(i) of this rule.

Ala. Admin. Code r. 335-3-19-.02

New Rule: Filed December 11, 1997; effective January 15, 1998. Amended: Filed December 9, 1999; effective January 13, 2000.
Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 07, April 28, 2017, eff. 6/9/2017.
Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 11, August 31, 2018, eff. 10/5/2018.
Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.
Amended by Alabama Administrative Monthly Volume XLII, Issue No. 11, August 30, 2024, eff. 10/14/2024.

Author: Ronald W. Gore

Statutory Authority:Code of Ala. 1975, §§ 22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.