Section 220.210  Compliance Requirements and Schedule

a)         Each owner or operator of an MSW landfill having a design capacity less than 2.5 million Mg by mass or 2.5 million m³ by volume shall submit an initial design capacity report to the Agency as provided in Section 220.280(a) of this Subpart.  The owner or operator may calculate design capacity in either Mg or m³ for comparison with the exemption values.  Any density conversions shall be documented and submitted with the report. If the landfill is subsequently modified, then the owner or operator shall submit to the Agency an amended design capacity report as provided for in Section 220.280(a)(3) of this Subpart.  Submittal of an initial design capacity report and, if applicable, an amended design capacity report shall fulfill the requirements of this Subpart. Pursuant to Section 220.200(b) of this Subpart, modification of an MSW landfill will subject it to the requirements of 40 CFR 60, Subpart WWW.

b)         An owner or operator of an MSW landfill having a design capacity equal to or greater than 2.5 million Mg and 2.5 million m³ shall submit an initial design capacity report and initial emissions rate report to the Agency, as provided in Section 220.280(a) and (b) of this Subpart, and comply with either subsection (c) or (d) of this Section.

c)         For MSW landfills with an NMOC emissions rate less than 50 Mg/yr, the owner or operator shall:

1)         Submit an emission rate report, as provided by Section 220.280(b) of this Subpart, to the Agency; and

2)         Recalculate the NMOC emission rate using the procedures specified in Section 220.260(a) of this Subpart until such time as the calculated NMOC emission rate is equal to or greater than 50 Mg/yr, at which time the provisions of subsection (d) of this Section shall apply, or the landfill is inactive.

d)         For MSW landfills with emissions equal to or greater than 50 Mg/yr, calculated pursuant to Section 220.260(a) of this Subpart, within 30 months after the date when the first annual NMOC emission rate report equals or exceeds 50 Mg/yr, an owner or operator shall:

1)         Install and operate:

A)        A gas collection and control system meeting the gas collection system and control requirements of Sections 220.220 and 220.230 of this Subpart; or

B)        An alternate gas collection and control system using alternate procedures for gas collection and control, determining compliance, monitoring, operation, testing, recordkeeping, or reporting instead of those provided for in this Subpart, as approved by the Agency or Board, as meeting the requirements in Section 220.220(d) or (e), or Section 220.230(d) or (e) of this Subpart.  Such alternate system shall be effective only when included in a federally enforceable permit or approved as a SIP revision.

2)         Certify compliance:  Within 6 months of initial startup or upon change in method of compliance, or by October 31, 2001, whichever is later, the owner or operator of an MSW landfill subject to the control requirements of this Subpart must certify compliance with the requirements of this Subpart by submitting to the Agency the following:

A)        A description of the gas collection and control system used;

B)        The date the system was installed; and

C)        A demonstration that the control system meets the requirements of Section 220.230 of this Subpart:

i)          For active collection systems: the reduction efficiency or ppmv must be established by a performance test using the test methods required pursuant to Section 220.260(d) of this Subpart; or

ii)         For open flares: compliance with the requirements of 40 CFR 60.18, incorporated by reference in Section 220.130 of this Part, must be established.