| (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.
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