Permits required and compliance schedules

(a) Part 70 operating permits. (1) The owner or operator of an existing MSW landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters is not required to obtain a Part 70 permit for the landfill, unless the landfill is otherwise a Part 70 source. (2) The owner or operator of an existing MSW landfill with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters, that is not otherwise a Part 70 source, is subject to OAC 252:100-8 as a Part 70 source ninety (90) days after the effective date of the state plan, even if the initial design capacity report was submitted earlier. (3) When an existing MSW landfill is closed, the owner or operator is no longer subject to the requirement to maintain a Part 70 permit for the landfill if the landfill is not otherwise subject to the requirements of OAC 252:100-8 and if either of the following conditions is met: (A) The landfill was never subject to the requirement for a control system under OAC 252:100-47-7. (B) The owner or operator meets the conditions for control system removal specified in OAC 252:100-47-7. (b) Construction permits. The owner or operator of any existing MSW landfill that installs a MSW landfill gas collection and control system is required to obtain a construction permit as provided by OAC 252:100-7-15 or OAC 252:100-8-4. If the landfill has a design capacity of at least 2.5 million cubic meters and 2.5 million megagrams and an estimated nonmethane organic compounds (NMOC) emission rate of at least 50 megagrams per year, calculated in accordance with Section 9 of this Subchapter, the owner or operator of the MSW landfill shall also comply with the following requirements: (1) The application for a construction permit and the collection and control system design plan shall be submitted to the DEQ within 12 months after the initial or any annual NMOC emissions rate report indicates that the emission rate equals or exceeds 50 megagrams per year, unless site specific sampling demonstrates that the emission rate is less than 50 megagrams per year. (2) All contracts for installation of the emission control systems or for process modifications shall be awarded and all orders for the purchase of component parts to accomplish emission control or process modification shall be completed within 3 months of the submittal of the design plan under paragraph (b)(1) of this section. (3) The installation of the collection and control system shall commence within 3 months of the awarding of contracts under paragraph (b)(2) of this section. (4) The installation of the collection and control system shall be completed within 18 months of the submittal of the design plan under paragraph (b)(1) of this section. 2022_JAN_SC47_RUL 3 November 15, 2021 (5) Within 30 months of the first annual report in which the NMOC emission rate equals or exceeds 50 megagrams per year, the MSW landfill shall be in compliance with paragraphs (b)(1) through (b)(4) of this section. (c) Compliance Schedules and Increments of Progress. To achieve final compliance, the owner or operator must complete the planning, awarding of contracts, and installing and starting up of MSW landfill air emission collection and control equipment capable of meeting the emissions standards under OAC 252:100-47-7 within 30 months after the applicable start date in paragraphs (1) and (2) of this subsection according to the schedule in paragraph (3) of this subsection. MSW Landfills currently subject to 40 CFR Part 60, Subpart WWW, that are subject to these rules must continue to comply with the requirements of Subpart WWW until they become subject to the more stringent requirements of this rule. (1) The date a nonmethane organic compounds (NMOC) emission rate report shows NMOC emissions equal or exceed 34 megagrams per year (50 megagrams per year for the closed landfill subcategory). (2) The date of the most recent NMOC emission rate report that shows NMOC emissions equal or exceed 34 megagrams per year (50 megagrams per year for the closed landfill subcategory), if Tier 4 surface emissions monitoring shows a surface emission concentration of 500 parts per million methane or greater. (3) Increments of progress to install air pollution control devices to meet emission standards in OAC 252:100-47-7: (A) Submit to the DEQ an application for a construction permit and a collection and control system design plan in accordance with the requirements of 40 CFR 60.38f(d) within 12 months of the applicable start date. (B) Award contract(s) to initiate on-site construction or installation of the collection and/or control equipment within 20 months of the applicable start date. (C) Commence on-site construction or installation of the collection and/or control equipment within 24 months of the applicable start date. (D) Complete on-site construction according to the approved collection and control system design plan and achieve final compliance within 30 months of the applicable start date. For a legacy controlled landfill, the initial or most recent performance test conducted to comply with 40 CFR Part 60, Subpart WWW, or Oklahoma's State Plan implementing 40 CFR Part 60, Subpart Cc, is sufficient for compliance with this subparagraph. The test report does not have to be resubmitted.