| (a) Type IV landfills are exempt from the requirements
of this subsection.
(b) Certification under this subchapter constitutes
an acknowledgment and agreement that the permit holder will comply
with all rules, regulations, and orders of the commission issued in
conformity with Texas Clean Air Act, Texas Health and Safety Code,
Chapter 382, and the conditions precedent to the claiming of this
standard permit. If more than one state or federal rule or regulation
or permit condition are applicable, the most stringent limit or condition
will govern. Acceptance includes consent to the entrance of commission
employees and designated representatives of any local air pollution
control agency having jurisdiction over the site into the permitted
premises at reasonable times to investigate conditions relating to
the emission or concentration of air contaminants, including compliance
with the standard permit.
(c) A certification under this subchapter is valid
for a term not to exceed ten years from the date of receipt by the
Texas Commission on Environmental Quality. An owner and/or operator
is required to renew a certification by no later than the expiration
date of the certification. The commission will provide written notice
to operators of the renewal deadline at least 180 days prior to the
expiration of the certification.
(d) Two copies of the certification must be submitted
to the Waste Permits Division. One copy must be submitted to the appropriate
regional office, and one copy must be sent to any appropriate local
air pollution control program having jurisdiction over the site. The
certification must be based on the capacity of the landfill minimum
of a ten-year period. The certification must include supporting documentation
to demonstrate compliance with the conditions of this subchapter and
any other applicable federal and state requirements, and at a minimum
should include the following:
(1) the basis and quantification of emission estimates;
(2) sufficient information to demonstrate that the
project will comply with all applicable conditions of this subchapter;
and
(3) a description of any equipment and related processes.
(e) Certifications must be submitted as follows.
(1) Owners or operators must submit a certification
for the initial construction of a municipal solid waste landfill under
this subchapter at least 120 days prior to building or installation
of any equipment or structure that may emit air contaminants.
(2) Modifications to an existing municipal solid waste
landfill site that results in a change in categories as listed in §330.983
of this title (relating to Definitions) must submit a certification
at least 60 days after changes occurring at the site.
(f) New facilities or changes to existing facilities
that do not cause a site to become ineligible for this standard permit
can be authorized by meeting one of the following:
(1) independently claiming the permit by rule under
Chapter 106 of this title (relating to Permits by Rule) or a standard
permit under Chapter 116, Subchapter F of this title (relating to
Standard Permits), including all registrations, fees, and documentation.
These independent registrations must be administratively incorporated
at the next standard permit certification renewal or modification;
or
(2) including the claimed permit by rule or standard
permit as a part of an initial or modified certification. A claimed
permit by rule or standard permit included under a municipal solid
waste landfill standard permit certification is exempt from the registration
and fee requirements normally required of permits by rule or standard
permits. The certification must include sufficient information necessary
to demonstrate qualification for those authorizations. Certifications
must meet the following:
(A) update the site certification within one year of
constructing new facilities or modifications if the cumulative amount
of emissions resulting from the new facilities or modifications is:
(i) less than five tons per year of any criteria air
contaminant for sites located in a designated nonattainment area;
or
(ii) less than 25 tons per year of any criteria air
contaminant for sites located in an attainment area;
(B) update the site certification within 30 days of
constructing new facilities or modifications if the site is not considered
an existing major source in accordance with prevention of significant
deterioration review or nonattainment new source review, and the cumulative
amount of emissions for these changes is:
(i) greater than or equal to five tons per year of
any criteria air contaminant for sites located in a designated nonattainment
area; or
(ii) greater than or equal to 25 tons per year of any
criteria air contaminant for sites located in attainment areas; or
(C) update the site certification at least 30 days
prior to the change, including any applicable major source netting
demonstration as specified in §116.150 of this title (relating
to New Major Source or Major Modification in Ozone Nonattainment Areas),
if the site is considered an existing major site in accordance with
prevention of significant deterioration review or nonattainment new
source review, and the cumulative amount of emissions for changes
is:
(i) greater than or equal to five tons per year of
any criteria air contaminant for sites located in a designated nonattainment
area; or
(ii) greater than or equal to 25 tons per year of any
criteria air contaminant for sites located in an attainment area.
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