1. (a) The owner or operator of an existing MSW landfill that meets the criteria of K.A.R. 28-19-722(a) shall calculate the nonmethane organic compound (NMOC) emissions from the landfill using the test methods and procedures contained in 40 CFR §60.754(a)(1), as adopted by K.A.R. 28-19-722.

2. (b) If the initial calculated NMOC emission rate is less than 50 megagrams per year, the owner or operator shall meet these requirements:

   1. (1) recalculate the emission rate annually using the procedures specified in 40 CFR §60.754(a)(1) as adopted by K.A.R. 28-19-722, until such time as the calculated NMOC emission rate is equal to or greater than 50 megagrams per year, or the landfill is closed; and
   2. (2) submit an annual emission report to the department, except as provided for in 40 CFR §60.757(b)(1)(ii), as adopted by K.A.R. 28-19-726.
3. (c) If the recalculated emission rate conducted pursuant to paragraph (b)(1) of this regulation is greater than or equal to 50 megagrams per year, the owner or operator shall comply with the provisions of 40 CFR §60.754(a)(2) through (d), as in effect on July 1, 1996, which is hereby adopted by reference.
4. (d) The owner or operator of an existing MSW landfill that meets the criteria of K.A.R. 28-19-722(a) and has NMOC emissions greater than or equal to 50 megagrams per year calculated in accordance with the provisions of subsection (a) of this regulation shall comply with the requirements of 40 CFR §60.754(a)(2) through (d), as adopted by K.A.R. 28-19-724.

(Authorized by K.S.A. 1996 Supp. 65-3005; implementing K.S.A. 1996 Supp. 65-3008; effective Nov. 14, 1997.)