General provisions

(a) Applicability. Except as provided in subparagraphs (1) and (2)through (3) of this paragraphsubsection, the provisions of this Subchapter are applicable to all existing MSW landfills in the State of Oklahoma. This Subchapter is also an applicable requirement for existing MSW landfill sites on the National Priorities List in Appendix B of 40 CFR Part 300. (1) Physical or operational changes made to an existing MSW landfill solely to comply with this Subchapter are not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of 40 CFR Part 60, SubpartSubparts WWW (Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification on or After May 30, 1991, but Before July 18, 2014) or XXX (Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification After July 17, 2014). (2) Remedial activities required by or conducted pursuant to state or federal law are not considered construction, reconstruction, or modification for the purposes of this Subchapter. (3) If the landfill's design capacity increases as the result of a modification that was commenced after July 17, 2014, then the landfill becomes subject to 40 CFR Part 60, Subpart 2022_JAN_SC47_RUL 2 November 15, 2021 XXX. If the design capacity increase is the result of a change in operating practices, density, or some other change that is not a modification, then the landfill remains subject to this Subchapter. (b) Exemptions. The DEQ, with EPA approval, may provide for the application of less stringent emissions standards or longer compliance schedules than those otherwise required by this Subchapter, provided that at least one of the circumstances listed below are applicable to the MSW landfill: (1) Unreasonable cost of control resulting from facility age, location, or basic design; or (2) Physical impossibility of installing necessary control equipment; or (3) Other factors specific to the facility that make application of a less stringent standard or final compliance time significantly more reasonable.