(a) A municipal solid waste landfill (MSWLF) meeting the following conditions is not subject to the requirements of this division, except for the requirements of subsection (d) of this section, as applicable:
  (1) The MSWLF has not accepted waste at any time since October 9, 1993; and
  (2) The MSWLF does not have additional design capacity available for future waste deposition, regardless of whether the MSWLF is currently open or closed.
(b) A MSWLF may apply for less stringent emission standards or longer compliance schedules than those otherwise required by this division, provided that the owner or operator demonstrates to the executive director and EPA, the following:
  (1) unreasonable cost of control resulting from MSWLF age, location, or basic MSWLF design;
  (2) physical impossibility of installing necessary control equipment; or
  (3) other factors specific to the MSWLF that make application of a less stringent standard or final compliance time significantly more reasonable.
(c) Owners or operators requesting alternate emission standards or compliance schedules under subsection (b) of this section shall submit requests and supporting documentation to the TCEQ Office of Air, Air Permits Division and provide a copy to the United States Environmental Protection Agency, Region 6.
(d) Upon request from the executive director, the owner or operator of a MSWLF shall submit any additional information necessary to demonstrate eligibility for or compliance with exemptions under this section.

Source Note: The provisions of this §113.2406 adopted to be effective July 19, 2023, 48 TexReg 3913