Municipal solid waste landfill (MSWLF) cell construction or modification, as defined in 40 Code of Federal Regulations (CFR) §60.751, of MSWLF Type I, Type I-AE, Type II, Type III, Type IV, Type IV-AE, and Type V transfer stations as defined in §330.5 of this title (relating to Classification of Municipal Solid Waste Facilities) that meet the conditions listed in this section are permitted by rule.
  (1) The following are not authorized by this section:
    (A) MSWLF sites that have facilities other than cell construction and waste disposal; or
    (B) maintenance, startup, shutdown, or emission excursions under Chapter 101, Subchapter F of this title (relating to Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities).
  (2) The owner or operator must have obtained a valid permit or registration under §330.7 of this title (relating to Permit Required), for the site.
  (3) The MSWLF or transfer station must have a design capacity of less than 2.5 million megagrams (Mg) by mass or 2.5 million cubic meters by volume.
  (4) The MSWLF or transfer station must have a non-methane organic compound emission rate of less than 50 Mg per year as determined by United States Environmental Protection Agency (EPA) publication AP-42, Compilation of Air Pollutant Emission Factors.
  (5) Emissions from the site are limited to 25 tons per year of volatile organic compounds or particulate matter. There are no short-term limitations for particulate matter and volatile organic compounds.
  (6) Visible emissions from the site must not leave the property for a period exceeding 30 seconds in any six-minute period as determined by EPA Test Method 22, as found in 40 CFR Part 60, Appendix A.
  (7) Transfer stations not located at an MSWLF site shall:
    (A) operate in compliance with the Texas Solid Waste Disposal Act, and;
    (B) be required to have the waste holding area covered by a ventilated building that has a minimum vertical exhaust vent located at least 16 feet above ground level with a capacity of 45,000 cubic feet per minute, if the facility retains over 1,000 tons of waste overnight.
  (8) Facilities shall comply with applicable requirements of all federal regulations and state rules.

Source Note: The provisions of this §106.534 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 4, 2000, 25 TexReg 8653; amended to be effective March 23, 2006, 31 TexReg 2184