PURPOSE: This rule is part of a Clean Air Act Section 111(d) State Plan. The rule allows Missouri to take delegation and enforcement authority of the federal requirements for affected facilities in Missouri. The requirements in this rule are identical to the federal requirements. This rule requires owners or operators of municipal solid waste landfills to report their landfill’s design capacity and non-methane organic compound (NMOC) emissions. Landfills having design capacities and NMOC emission rates above the regulatory cutoff must design, install, and operate a gas collection and control system.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Applicability.

   1. (A) This rule applies to each municipal solid waste (MSW) landfill that has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition, and that commenced construction, reconstruction, or modification on or before July 17, 2014. Landfills that commenced construction, reconstruction, or modification after July 17, 2014, are subject to the requirements of the Environmental Protection Agency’s New Source Performance Standard for Municipal Solid Waste Landfills 40 CFR 60, Subpart XXX.
   2. (B) Physical or operational changes made to an existing MSW landfill solely to comply with this rule are not considered construction, reconstruction, or modification and do not subject an existing MSW landfill to the requirements of 40 CFR 60, Subpart XXX.
   3. (C) MSW landfills covered by 10 CSR 10-5.490 are exempt from this rule.
2. (2) Definitions. The provisions of 40 CFR 62.16730, promulgated as of July 1, 2021, including the revision published at 87 FR 8203 (effective February 14, 2022), are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions.

3. (3) General Provisions. The provisions of 40 CFR 62.16711(e) and (f), 40 CFR 62.16712 through 62.16716, 40 CFR 62.16720 through 62.16722, and 40 CFR 62.16728, promulgated as of July 1, 2021, including the revision published at 87 FR 8203 (effective February 14, 2022), are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. Owners and operators of MSW landfills subject to this rule must comply with the following:

   1. (A) Title V operating permit requirements—40 CFR 62.16711(e);
   2. (B) Exemptions for Part 70 operating permit requirements for closed landfills—40 CFR 62.16711(f);
   3. (C) Compliance schedule and increments of progress—40 CFR 62.16712;
   4. (D) Standards for municipal solid waste landfill emissions—40 CFR 62.16714;
   5. (E) Operational standards for collection and control systems—40 CFR 62.16716;
   6. (F) Compliance provisions—40 CFR 62.16720;
   7. (G) Monitoring of operations—40 CFR 62.16722; and
   8. (H) Specifications for active collection systems—40 CFR 62.16728.

4. (4) Reporting and Record Keeping. The provisions of 40 CFR 62.16711(g) and (h), and 40 CFR 62.16724 through 62.16726, promulgated as of July 1, 2021, are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. Owners and operators of MSW landfills subject to this rule must comply with the following:

   1. (A) Reporting guidelines—40 CFR 62.16724;

   2. (B) Reporting Exemptions—

      1. 1. Exemptions for reporting requirements for closed

landfills—40 CFR 62.16711(g); and

1. 2. Exemptions for reporting requirements for legacy

controlled landfills—40 CFR 62.16711(h); and

1. (C) Recordkeeping guidelines—40 CFR 62.16726.

1. (5) Test Methods. The provisions of 40 CFR 62.16718, promulgated as of July 1, 2021, are hereby incorporated by reference in the rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders, print and fill out order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions.

AUTHORITY: section 643.050, RSMo 2016.* Original rule filed Jan. 14, 1997, effective Sept. 30, 1997. Amended: Filed Oct. 7, 1999, effective July 30, 2000. Amended: Filed Sept. 26, 2011, effective May 30, 2012. Amended: Filed Oct. 29, 2021, effective July 30, 2022.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.