(a) General requirements.      
        (1) Any landfill mining process operation that has existing authority under the Texas Clean Air Act does not have to meet the air quality criteria of this subchapter. In accordance with the Texas Health and Safety Code, Texas Clean Air Act, §382.051, any new landfill mining operation that meets all of the applicable requirements of this subchapter is entitled to an air quality standard permit authorization under this subchapter in lieu of the requirement to obtain an air quality permit under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification).       
        (2) Those operations that would otherwise be required to obtain air quality authorization under Chapter 116 of this title, which cannot satisfy all of the requirements of this subchapter, shall apply for and obtain air quality authorization in accordance with Chapter 116 of this title in addition to any registration required in this subchapter.       
        (3) Any operation authorized under this subchapter that is a new major source or any modification that constitutes a major modification under nonattainment review or prevention of significant deterioration review as amended by the Federal Clean Air Act amendments of 1990, and regulations promulgated thereunder, shall be subject to the requirements of Chapter 116 of this title in addition to any registration required in this subchapter.       
        (4) Operations that do not wish to comply with the requirements of this section are required to apply for and obtain air quality authorization under Chapter 116 of this title. Once a person has applied for and obtained air quality authorization under Chapter 116 of this title, the person is exempt from the air quality requirements of this subchapter.       
        (5) No person may concurrently hold an air quality permit issued under Chapter 116 of this title and an air quality standard permit authorized under this subchapter for landfill mining operations at the same facility.       
        (6) The operator of a landfill mining operation operating under an air quality standard permit shall maintain on file at all times within the operating record of the facility documentation that shows compliance with this section.       
      (b) Air quality standard permit. Landfill mining operations required to obtain authorization under §330.9 of this title (relating to Registration Required) that meet the following requirements are entitled to an air quality standard permit.      
        (1) All permanent on-site roads shall be watered, treated with dust-suppressant chemicals, or paved and cleaned as necessary to achieve maximum control of dust emissions. Vehicular speeds on non-paved roads shall not exceed ten miles per hour. Leachate and gas condensate are prohibited from use as dust-suppressant.       
        (2) Prior to processing any material with a high odor potential, the operator shall insure that there are means to prevent nuisance odors from leaving the facility boundaries.       
        (3) All material shall be conveyed mechanically, or if conveyed pneumatically, the conveying air shall be vented to the atmosphere through a fabric filter(s) having a maximum filtering velocity of 4.0 feet/minute with mechanical cleaning or 7.0 feet/minute with air cleaning.       
        (4) Except for initial start-up and shut-down, all processing equipment not enclosed inside a building shall be equipped with low-velocity fog nozzles spaced to create a continuous fog curtain or the operator shall have portable watering equipment available during the processing operation. These controls shall be utilized as necessary for maximum control of dust when loading vehicles and stockpiling recyclable material, reusable soil, or waste material. Excavation equipment is not considered as processing equipment. Leachate from process water is prohibited from use as dust-suppressant.       
        (5) All conveyors that off-load materials from processing equipment at a point that is not enclosed inside a building shall have available a water or mechanical dust suppression system. These controls shall be utilized as necessary for maximum control of dust when stockpiling material.       
        (6) All activities that could result in increased odor emissions shall be conducted in a manner that does not create nuisance conditions or shall only be conducted inside a building maintained under negative pressure and controlled with a chemical oxidation scrubbing system or bio filter system.       
        (7) Excavated waste material transported from the landfill facility shall be transported in covered trucks to minimize the loss of material.       
     Source Note:        The provisions of this §330.607 adopted to be effective March 27, 2006, 31 TexReg 2502