Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the Texas Natural Resource Conservation Commission (commission), the terms used in this division have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined in the TCAA, and in §101.1 of this title (relating to Definitions), the following words and terms, when used in this division shall have the following meanings, unless the context clearly indicates otherwise. (1) Construction--Fabrication, erection, or installation of an affected municipal solid waste landfill (MSWLF). (2) Existing municipal solid waste landfill--An MSWLF meeting the following conditions: (A) The MSWLF has accepted waste at any time since October 9, 1993, or has additional design capacity available for future waste deposition, regardless of whether that MSWLF is currently open or closed; and
(B) Construction, reconstruction, or modification of the MSWLF was commenced before May 30, 1991 (i.e., the MSWLF is not subject to the requirements of 40 Code of Federal Regulations (CFR) Part 60, Subpart WWW). (3) Fixed capital cost--The capital needed to provide all the depreciable components. (4) Modification--Any physical change in, or change in the method of operation of, an existing MSWLF which increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that MSWLF or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously emitted. For MSWLFs, the only physical or operational change that results in increased landfill emissions is an increase in the landfill design capacity. Design capacity of a landfill is increased only with the addition of new disposal areas. New disposal areas can result by increasing the depth of refuse
deposition, increasing refuse compaction, or by constructing additional disposal cells. Physical or operational changes made to an existing MSWLF solely to comply with this subchapter are not considered a modification and would not subject an existing MSWLF to the requirements of 40 CFR Part 60, Subpart WWW. (5) Reconstruction--The replacement of components of an existing MSWLF to such an extent that the fixed capital cost of the new components exceeds 50% 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. Physical or operational changes made to an existing MSWLF solely to comply with this subchapter are not considered reconstruction and would not subject an existing MSWLF to the requirements of 40 CFR Part 60, Subpart WWW.
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