NAC445B.22073. Municipal solid waste landfills.

     1. Except as otherwise provided in subsections 2 and 3, a municipal solid waste landfill must:

     (a) Install a system designed to collect and control the emission of nonmethane organic compounds not later than 30 months after the date on which the rate of emission of nonmethane organic compounds by the municipal solid waste landfill is equal to or greater than 55.125 tons per year. The system designed to collect and control the emission of nonmethane organic compounds must meet the requirements set forth in 40 C.F.R. § 60.752(b)(2)(ii) and must have:

          (1) A flare designed and operated pursuant to 40 C.F.R. § 60.18;

          (2) An enclosed combustor designed and operated to reduce the concentration of nonmethane organic compounds at the outlet to no more than 20 parts per million as hexane by volume, dry basis at 3 percent oxygen; or

          (3) A system of emission control designed and operated to reduce the emission of nonmethane organic compounds by 98 weight percent.

     (b) Comply with the requirements set forth in 40 C.F.R. § 60.753, 40 C.F.R. § 60.755 and 40 C.F.R. § 60.756.

     (c) Maintain records and submit reports pursuant to 40 C.F.R. § 60.757 and 40 C.F.R. § 60.758, as applicable, except as otherwise provided in 40 C.F.R. § 60.24.

     2. A municipal solid waste landfill is exempt from the provisions of subsection 1 if the municipal solid waste landfill is not and was not the site of construction, reconstruction or modification that commenced before May 30, 1991.

     3. A municipal solid waste landfill is exempt from the provisions of paragraphs (a) and (b) of subsection 1 if the municipal solid waste landfill:

     (a) Did not accept waste on or after November 8, 1987, and has a design capacity that does not allow for a deposit of waste in the future;

     (b) Has a design capacity less than 2.756 million tons if the design capacity is calculated in tons, less than 3.27 million cubic yards if the design capacity is calculated in cubic yards, or less than 2.756 million tons and 3.27 million cubic yards if the design capacity is calculated in both tons and cubic yards; or

     (c) Has a rate of emission of nonmethane organic compounds that is less than 55.125 tons per year.

     4. For the purposes of this section:

     (a) The design capacity of a municipal solid waste landfill may be calculated solely in either tons or cubic yards. A conversion of density, if any, must be documented and included with the calculation of design capacity.

     (b) The rate of emission of nonmethane organic compounds must be calculated pursuant to 40 C.F.R. § 60.754, as applicable.

     5. As used in this section:

     (a) “Design capacity” has the meaning ascribed to it in 40 C.F.R. § 60.751.

     (b) “Enclosed combuster” has the meaning ascribed to it in 40 C.F.R. § 60.751.

     (c) “Flare” has the meaning ascribed to it in 40 C.F.R. § 60.751.

     (d) “Municipal solid waste landfill” has the meaning ascribed to it in 40 C.F.R. § 60.31c.

     (Added to NAC by Environmental Comm’n by R204-97, eff. 3-5-98; A by R022-99, 9-27-99)—(Substituted in revision for NAC 445B.383)