Section 113.2402 - Definitions(a) Except as provided in subsections (b) and (c) of this section, the terms used in this division are defined in 40 CFR § 60.2 as amended through May 16, 2007, and 40 CFR § 60.41f as amended through March 26, 2020, which are incorporated by reference.(b) The term "Administrator" wherever it appears in 40 CFR Part 60, §§ 60.30f - 60.41f, shall refer to the commission, except for purposes of 40 CFR § 60.35f(a)(5). For purposes of 40 CFR § 60.35f(a)(5), the term "Administrator" means the Administrator of the U.S. Environmental Protection Agency.(c) Legacy controlled landfill--any municipal solid waste landfill subject to this division that submitted a gas collection and control system (GCCS) design plan prior to May 21, 2021, in compliance with 40 CFR § 60.752(b)(2)(i) or 30 TAC § 113.2061 of this title (relating to Standards for Air Emissions), depending on which regulation was applicable to the landfill. This definition applies to those landfills that completed construction and began operations of the GCCS and those that are within the 30-month timeline for installation and start-up of a GCCS according to 40 CFR § 60.752(b)(2)(ii), or the requirements of 30 TAC Chapter 113, Subchapter D, Division 1.(d) Reconstruction--the replacement of components of an existing MSWLF to such an extent that the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new MSWLF, and it is technologically and economically feasible to meet the applicable standards set forth in this division. Fixed capital cost means the capital needed to provide all the depreciable components.30 Tex. Admin. Code § 113.2402
Adopted by Texas Register, Volume 48, Number 28, July 14, 2023, TexReg 3924, eff. 7/19/2023