- (a) The owner or operator of a municipal solid waste landfill subject to this subpart with a design capacity greater than or equal to two and one-half million (2,500,000) megagrams or two and one-half million (2,500,000) cubic meters and that is not otherwise subject to Part 70 shall obtain a Part 70 permit in accordance with the procedures of Rules of the Arkansas Operating Air Permit Program, 8 CAR pt. 42, by no later than ninety (90) days after the effective date of United States Environmental Protection Agency approval of this subpart.
- (b) The owner or operator of a municipal solid waste landfill subject to this subpart with a design capacity less than two and one-half million (2,500,000) megagrams or two and one-half million (2,500,000) cubic meters is not subject to the requirement to obtain a Part 70 permit under this subpart and may instead obtain a permit in accordance with this part if the municipal solid waste landfill is not otherwise subject to Part 70.
(c) If a municipal solid waste landfill subject to this subpart becomes a closed landfill and is not otherwise subject to Part 70, the owner or operator is no longer subject to the requirement to maintain a Part 70 permit if the following conditions are met:
- (1) The landfill was never subject to the requirement to install, maintain, and operate a gas collection and control system under 40 C.F.R. § 60.33f; or
- (2) The landfill meets the conditions for control system removal or decommissioning specified in 40 C.F.R. § 60.33f(f).
- (d) Physical or operational changes made to a municipal solid waste landfill subject to this subpart are not considered a modification or reconstruction under this subpart if the changes are made solely to comply with this subpart.
- (e) The permit of each municipal solid waste landfill subject to this subpart shall be subject to reopening to incorporate the applicable requirements of this subpart in accordance with the procedures of this part for municipal solid waste landfills not subject to the requirement to obtain a Part 70 permit, or in accordance with the procedures of 8 CAR pt. 42 for municipal solid waste landfills required to obtain a Part 70 permit.