Regulatory Text: 
Chapter 115. Control of Air Pollution from Volatile Organic Compounds.

SUBCHAPTER B : GENERAL VOLATILE ORGANIC COMPOUND SOURCES

5B5 DIVISION 5: MUNICIPAL SOLID WASTE LANDFILLS
As approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89)

Outline:
§115.152.  Control Requirements. 5-45, TXc104E last
§115.153.  Alternate Control Requirements. 5-71, TXd89
§115.155.  Approved Test Methods. 5-45, TXc104E last, all 104
§115.156.  Monitoring and Recordkeeping Requirements. 5-56, one TXc105P, rest TXc104
§115.157.  Exemptions. 5-45, TXc104E all
§115.159.  Counties and Compliance Schedules. 5-71, TXd89


§115.152.  Control Requirements. 5-45, TXc104E last
As adopted by TNRCC May 4, 1994 effective May 27, 1994 (5-45).
As approved by EPA May 22, 1997 (62 FR 27964) effective June 23, 1997 at 40 CFR 52.2270/52.2299(c)(104).  See the “Chapter 115 SIP Map” document above for the meaning of the left-justified codes before each paragraph.

104E  (a)  For the Houston/Galveston, El Paso, and Dallas/Fort Worth ozone nonattainment areas as defined in §115.10 of this title (relating to Definitions), no person shall operate or allow the operation of a municipal solid waste landfill (MSWLF) unless each owner or operator of a MSWLF calculates the nonmethane organic compounds (NMOC) emission rate for the landfill using the procedures provided in Section 60.753 of the proposed federal rules published in the May 30, 1991, issue of the Federal Register (58 FR 104).  The volatile organic compound emission rate shall be calculated and recalculated annually using the following default values:  Generation Rate Constant, K = 0.05 1/year; Generation Potential, L_o = 170 m³/Mg; Non-methane Gas Concentration, C_NMOC = 4000 ppmv.  If at any time the calculated NMOC emission rate exceeds 150 Megagrams (Mg) per year, the owner or operator shall:

104E       (1)  install a gas collection and control system (GCCS) subject to the requirements of Section 60.752(b)(2)(ii) of the proposed federal rules published in the May 30, 1991, issue of the Federal Register (58 FR 104).  Alternative design methodologies to the GCCS are subject to the approval of the Executive Director;

104B       (2)  control VOC gas emissions in one of the following ways:

104B            (A)  the total collected gas is routed to an open flare designed and operated in accordance with 40 CFR Section 60.18;

104B            (B)  the total collected gas is routed to a control device which reduces the total collected VOC emissions by 98% or to less than 20 parts per million by volume; or

104B            (C)  the total collected gas is routed to a gas treatment system which processes the collected gas for subsequent use or sale.  The sum of all emissions from any atmospheric vent from the gas treatment system shall be subject to the requirements of clause (A) of this subparagraph.

104B       (3)  operate the GCCS in compliance with Section 60.754 of the proposed federal rules published in the May 30, 1991, issue of the Federal Register (58 FR 104).

104B  (b)  The GCCS may be capped or removed if the following conditions are met:

104B       (1)  the landfill shall be no longer accepting waste and shall be permanently closed;

104B       (2)  the GCCS shall have been in continuous operation for at least 15 years; and

104B       (3)  the calculated VOC emission rate shall be less than 150 Mg per year on three successive test dates.  The test dates shall be no closer than three months apart, and no longer than six months apart.

******************* end 115.152 *************************


§115.153.  Alternate Control Requirements.
5-71:  As adopted by TNRCC April 26, 2002 effective May 16, 2002 (5-71).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     For all persons in the Houston/Galveston, El Paso, and Dallas/Fort Worth ozone nonattainment areas, alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Municipal Solid Waste Landfills) may be approved by the executive director in accordance with §115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent.

Adopted April 26, 2002, Effective May 16, 2002 (5-71).
***end tx 115.153***5-71***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k35***


§115.155.  Approved Test Methods. 5-45, TXc104E last   all TXc104
As adopted by TNRCC May 4, 1994 effective May 27, 1994 (5-45).
As approved by EPA May 22, 1997 (62 FR 27964) effective June 23, 1997 at 40 CFR 52.2270/52.2299(c)(104).  See the “Chapter 115 SIP Map” document above for the meaning of the left-justified codes before each paragraph.

104B  Compliance with §115.152 of this title (relating to Control Requirements) shall be determined by applying the following test methods, as appropriate:

104B       (1)  Test Methods 1-4 (40 CFR 60, Appendix A) for determining flow rate, oxygen concentration, or moisture, as necessary;

104E       (2)  Test Method 2E as proposed under 40 CFR 60, Appendix A, published in the May 30, 1991, issue of the Federal Register (58 FR 104) for designing the area of influence of the gas collection and control system (GCCS);

104E       (3)  Test Method 3C as proposed under 40 CFR 60, Appendix A, published in the May 30, 1991, issue of the Federal Register (58 FR 104) for measuring the concentration of nitrogen in the landfill gas;

104B       (4)  Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography;

104B       (5)  Test Method 21 (40 CFR 60, Appendix A) for determining volatile organic compound leaks;

104B       (6)  Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane (CH₄) organic emissions as carbon;

104B       (7)  Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis;

104E       (8)  Test Method 25C as proposed under 40 CFR 60, Appendix A, published in the May 30, 1991, issue of the Federal Register (58 FR 104) for determining non-CH₄ organic compounds in landfill gases;

104B       (9)  determination of true vapor pressure using American Society for Testing and Materials Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure, adjusted for actual storage temperature in accordance with American Petroleum Institute Publication 2517, Third Edition, 1989;

NOTE TO READER: §115.155(10) below is not listed in the 104E IBR language published in the Federal Register on May 22, 1997, on page 64 FR 27966.  This was probably an EPA oversight.  This section was included in the materials incorporated by reference.  Therefore it is assumed to have been approved at 104E.

104E?      (10)  one of the above test methods with minor modifications as approved by the Executive Director.

******************* end 115.155 *************************


§115.156.  Monitoring and Recordkeeping Requirements. 5-56, one TXc105P, rest TXc104
As adopted by TNRCC April 30, 1997 effective May 22, 1997 (5-56).
As approved by EPA January 26, 1999 (64 FR 03841) effective March 29, 1999 at 40 CFR 52.2270/52.2299(c)(105).  See the “Chapter 115 SIP Map” document above for the meaning of the left-justified codes before each paragraph.

104E   For the Houston/Galveston, El Paso, and Dallas/Fort Worth ozone nonattainment areas, the following recordkeeping requirements shall apply.

104B       (1)  For municipal solid waste landfills, which are not subject to the requirements of §115.152 of this title (relating to Control Requirements), the owner or operator of each landfill shall maintain complete and up-to-date records sufficient to demonstrate continuous compliance with the applicable exemption criteria including, but not limited to, an annual calculation of the volatile organic compounds (VOC) emissions rate and any other necessary operational information.

NOTE TO READER: Above is the SIP-approved 115.156(1) approved at 104B.  For consistency, EPA should probably have approved the 104E version shown below. 

104E version (1)  For municipal solid waste landfills (MSWLF), which are not subject to the requirements of §115.152 of this title (relating to Control Requirements), the owner or operator of each landfill shall maintain complete and up-to-date records sufficient to demonstrate continuous compliance with the applicable exemption criteria including, but not limited to, an annual calculation of the non-methane organic compounds (NMOC) emissions rate and any other necessary operational information.

104E       (2)  For MSWLF, which are subject to the requirements of §115.152 of this title, the owner or operator of each landfill shall install and maintain monitors to continuously measure and record operational parameters of any emission control device installed to meet applicable control requirements.  Such records must be sufficient to demonstrate proper functioning of those devices to design specifications, including but not limited to:

104E            (A)  the exhaust gas temperature immediately downstream for any direct-flame incinerator or enclosed flare;

104E            (B)  the gas temperature immediately upstream and downstream for any catalytic incinerator or chiller;

104E            (C)  the NMOC concentration for any carbon adsorption system exhaust gas to determine if breakthrough has occurred;

104E            (D)  the gas flowrate to the combustion device;

104E            (E)  monthly readings of the gauge pressure at each well in the gas collection header;

104E            (F)  the percent methane concentration at each well in the gas collection header; and

104E            (G)  the dates and reasons for any maintenance and repair of the required gas collection and control system and control devices and the estimated quantity and duration of NMOC emissions during such activities.
104E       (3)  Each owner or operator of a MSWLF shall annually submit an emissions inventory report as required by Section 101.10 of this title (relating to Emissions Inventory Requirements).  This report shall include:

104E            (A)  calculation of the NMOC emission rate;

104B            (B)  a map or plot of the landfill, providing the size and location, and identifying all areas where waste may be landfilled according to the provisions of the permit;

104B            (C)  the maximum design capacity;

104B            (D)  notification of any increase in the size of the landfill.  The increase may result from:

104B                 (i)  an increase in the permitted area or depth of the landfill;

104B                 (ii)  a change in the operating procedures; or

104B                 (iii)  any other means which will increase the maximum design capacity of the landfill; and

104B            (E)  notification of closure.

105P                 (i)  For purposes of this subchapter, closure means that waste is no longer being placed in the landfill, and no additional wastes will be placed in the landfill without filing a notification of modification, as prescribed by the commission.

104B                 (ii)  Landfills that are closed permanently between reporting periods shall report as directed by Section 101.10 of this title and continue reporting until the calculated VOC emission rate falls below 150 Mg per year on three successive test dates.  The test dates shall be no closer than three months apart, and no longer that six months apart.

******************* end 115.156 *************************


§115.157.  Exemptions. 5-45, TXc104E all
As adopted by TNRCC May 4, 1994 effective May 27, 1994 (5-45).
As approved by EPA May 22, 1997 (62 FR 27964) effective June 23, 1997 at 40 CFR 52.2270/52.2299(c)(104).  See the “Chapter 115 SIP Map” document above for the meaning of the left-justified codes before each paragraph.

104E  For the Houston/Galveston, El Paso, and Dallas/Fort Worth ozone nonattainment areas, the following facilities are exempt:

104E       (1)  any municipal solid waste landfill (MSWLF) with a capacity of less than 100,000 Mg (111,000 tons);

104E       (2)  any MSWLF which closed or stopped receiving waste prior to November 8, 1987, and does not have the capacity to receive more waste.

******************* end 115.157 *************************


§115.159.  Counties and Compliance Schedule.
5-71:  As adopted by TNRCC April 26, 2002 effective May 16, 2002 (5-71).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     (a)  All affected municipal solid waste landfills (MSWLFs) in Collin, Dallas, Denton, and Tarrant Counties shall demonstrate compliance with this division (relating to Municipal Solid Waste Landfills) as soon as practicable, but no later than May 31, 1996.

     (b)  All affected MSWLFs in El Paso County shall demonstrate compliance with this division as soon as practicable, but no later than November 15, 1996.

     (c)  All affected MSWLFs in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall demonstrate compliance with this division as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the National Ambient Air Quality Standard (NAAQS) for ozone by the attainment deadline or failure to demonstrate reasonable further progress as set forth in the 1990 Amendments to the Federal Clean Air Act (FCAA), §172(c)(9).