15A NCAC 02D .1708      REPORTING REQUIREMENTS

(a)  The owner or operator of an existing MSW landfill subject to this Rule according to 15A NCAC 02D .1702 shall submit a design capacity report to the Director as follows:

(1)           The initial design capacity report shall be submitted no later than 90 days after the effective date of the EPA approval of the State Plan pursuant to Section 111(d) of the Clean Air Act.

(2)           The initial design capacity report shall contain the information given in 40 CFR 60.38f(a)(1) and 40 CFR 60.38f(a)(2).

(b)  The owner or operator of an existing MSW landfill subject to this Section shall submit an amended design capacity report providing notification of an increase in the design capacity of the landfill, within 90 days of an increase in the maximum design capacity of the landfill to meet or exceed 2.5 million megagrams and 2.5 million cubic meters. An increase in design capacity may result from an increase in the permitted volume of the landfill or an increase in the density as documented in the annual recalculation required in 15A NCAC 02D .1709(j).

(c)  The owner or operator of an existing MSW landfill subject to this Rule shall submit a NMOC emission rate report to the Director no later than 90 days after the effective date of EPA approval of the State plan pursuant to Section 111(d) of the Clean Air Act and annually thereafter, except as provided for in 40 CFR 60.38f(c). The NMOC emission rate report shall:

(1)           contain an annual or five-year estimate of the NMOC emission rate calculated using the formula and procedures provided in 40 CFR 60.35f(a) or (b), as applicable;

(2)           include all the data, calculations, sample reports, and measurements used to estimate the annual or five-year emissions; and

(3)           if the estimated NMOC emission rate as reported in the annual report is less than 34 megagrams per year in each of the next five consecutive years, the owner or operator may elect to submit an estimate of the NMOC emission rate for the next five-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the estimate waste acceptance rate for each year of the five years for which an NMOC emission rate is estimated. All data and calculations shall be provided. This estimate shall be revised at least once every five years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five-year estimate, a revised five-year estimate shall be submitted. The revised estimate shall cover the five-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.

Each owner and operator subject to the requirements of this Rule shall be exempted from the requirements to submit an NMOC emission rate report, after installing a compliant collection and control system, during such time as the collection and control system is in operation and in compliance with 15A NCAC 02D .1705 and .1706.

(d)  The owner or operator of an existing MSW landfill subject to 15A NCAC 02D .1703(b) shall submit a collection and control system design plan to the Director within one year of the first NMOC emission rate report, required under Paragraph (c) of this Rule, in which the emission rate equals or exceeds 34 megagrams per year, except as provided for in 40 CFR 60.38f(d)(4)(i), 60.38f(d)(4)(ii), and 60.38f(d)(4)(iii). The collection and control system design plan shall include:

(1)           a description of the collection and control system;

(2)           a description of any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping, or reporting provisions provided in this Rule; and

(3)           a description indicating how the plan conforms to specifications for active collection systems or a demonstration of sufficient alternative provisions as given in 40 CFR 60.40f.

(e)  The owner or operator of an existing MSW landfill who previously submitted a design plan pursuant to Paragraph (d) of this Rule, pursuant to 40 CFR Part 60, Subpart WWW, or a State plan implementing 40 CFR Part 60, Subpart Cc, shall submit a revised design plan that includes the information in Subparagraphs (d)(1) through (d)(3) of this Rule as follows:

(1)           at least 90 days before expanding operations to an area not covered by the previously approved design plan; and

(2)           prior to installing or expanding the gas collection system in a way that is not consistent with the design plan that was submitted to the Director in Paragraph (d) of this Rule.

(f)  The owner or operator of a controlled MSW landfill shall submit a closure report meeting the requirements of 40 CFR 258.60 to the Director within 30 days of cessation of waste acceptance. If a closure report has been submitted to the Director, no additional waste shall be placed into the landfill without first filing a notification of modification as described pursuant to 40 CFR 60.7(a)(4). The Director may request such additional information to verify that permanent closure of the MSW landfill has taken place pursuant to the requirements of 40 CFR 258.60.

(g)  The owner or operator of a controlled MSW landfill shall submit an equipment removal report 30 days prior to removal or cessation of operation of the control equipment according to 15A NCAC 02D .1703(f). The report shall contain the items listed in 40 CFR 60.38f(g). The Director may request such additional information to verify that all the conditions for removal in 40 CFR 60.33f(f) have been met.

(h)  The owner or operator of a MSW landfill seeking to comply with 15A NCAC 02D .1703(b) using an active collection system designed in accordance with 40 CFR 60.33f(b) shall submit, following the procedures pursuant to 40 CFR 60.38f(j)(2), annual reports of the recorded information in 40 CFR 60.38f(h)(1) through (h)(7). The initial annual report shall be submitted within 180 days of installation and start-up of the collection and control system, and shall include the initial performance test report required under 40 CFR 60.8. The initial performance test report shall be submitted by following the procedures pursuant to 40 CFR 60.38f(j)(1). Each owner or operator that chooses to comply with the operational provisions of 40 CFR 63.1958, 63.1960, and 63.1961, as allowed by 15A NCAC 02D .1705, .1706, and .1707 shall follow the semi-annual reporting requirements in 40 CFR 63.1981(h) in lieu of this Paragraph.

(i)  The owner or operator of an existing MSW landfill required to comply with 15A NCAC 02D .1703(b) shall include the information given in 40 CFR 60.38f(i)(1) through (i)(6) with the initial performance test report required pursuant to 40 CFR 60.8.

(j)  The owner or operator of an existing MSW landfill shall submit a report within 60 days after the date of completing each performance test pursuant to 40 CFR 60.38f(j).

(k)  The owner or operator of an existing MSW landfill required to implement corrective action, shall submit reports to the Director pursuant to 40 CFR 60.38f(k)(1) and (k)(2). Each owner or operator that chooses to comply with the operational provisions of 40 CFR 63.1958, 63.1960, and 63.1961, as allowed by 15A NCAC 02D .1705, .1706, and .1707 shall follow the corrective action and the corresponding timeline reporting requirements in 40 CFR 63.1981(j) in lieu of this Paragraph.

(l)  The owner or operator of an affected MSW landfill with a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters that has employed leachate recirculation or added liquids based on a Research, Development, and Demonstration permit within the last 10 years shall submit an annual report to the Director that includes the information pursuant to 40 CFR 60.38f(l)(1) through (l)(10). The annual report shall be submitted by following the procedures pursuant to 40 CFR 60.38f(j)(2).

(m)  The owner or operator of an affected MSW landfill with a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters that intends to demonstrate site-specific surface methane emissions are below 500 parts per million methane, based on Tier 4 provisions of 40 CFR 60.35f(a)(6), shall provide notifications to the Director in accordance with 40 CFR 60.38f(m)(1) and (m)(2).

(n)  Each owner or operator that chooses to comply with the operational provisions of 40 CFR 63.1958, 63.1960, and 63.1961, as allowed by 15A NCAC 02D .1705, .1706, and .1707, shall submit the 24-hour high temperature report according to 40 CFR 63.1981(k).

History Note:        Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5); 143-215.107(a)(10);

Eff. July 1, 1998;

Amended Eff. July 1, 2000;

Readopted Eff. October 1, 2020;

Amended Eff. July 1, 2021;

Amended Eff. November 1, 2023.