| (a) A municipal solid waste landfill (MSWLF) meeting
the following conditions is not subject to the requirements of this
division, except for the requirements of subsection (d) of this section,
as applicable:
(1) The MSWLF has not accepted waste at any time since
October 9, 1993; and
(2) The MSWLF does not have additional design capacity
available for future waste deposition, regardless of whether the MSWLF
is currently open or closed.
(b) A MSWLF may apply for less stringent emission standards
or longer compliance schedules than those otherwise required by this
division, provided that the owner or operator demonstrates to the
executive director and EPA, the following:
(1) unreasonable cost of control resulting from MSWLF
age, location, or basic MSWLF design;
(2) physical impossibility of installing necessary
control equipment; or
(3) other factors specific to the MSWLF that make application
of a less stringent standard or final compliance time significantly
more reasonable.
(c) Owners or operators requesting alternate emission
standards or compliance schedules under subsection (b) of this section
shall submit requests and supporting documentation to the TCEQ Office
of Air, Air Permits Division and provide a copy to the United States
Environmental Protection Agency, Region 6.
(d) Upon request from the executive director, the owner
or operator of a MSWLF shall submit any additional information necessary
to demonstrate eligibility for or compliance with exemptions under
this section.
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