Air PBR 106.534: Municipal Solid Waste Landfills and Transfer Stations

Municipal solid waste landfills and waste transfer stations operating in compliance with the Texas Solid Waste Disposal Act are permitted by rule under 30 TAC Section 106.534. No registration or fee is required. Record-keeping requirements are discussed.

The Municipal Solid Waste Landfills (MSWLF) and Transfer Station Air Permit By Rule (PBR) under Title 30 TAC Section 106.534 was amended on March 23, 2006.

The PBR Section 106.534 was amended to clarify its scope and state the specific activities of cell construction, waste disposal, and waste transfer are authorized. Landfill cell construction activities include unloading, spreading, or compacting of waste and applying daily, immediate or final cover. The previous rule language was misleading to landfill owners and operators and the general public because it implied that any and all activities at a landfill were permitted by this rule, while the only facility authorized under that rule was the landfill itself.

The new rule now excludes authorization of industrial landfills, in addition to other waste operations such as bioreactors, experimental type landfills, and special landfill gas to energy projects that did not include any waste disposal activities. Other activities at landfill sites require separate authorizations under a PBR, Standard Permit, or New Source Review Permit.

There are three possible preconstruction authorizations for a MSWLF or Transfer Station:

Permit by Rule under 30 Texas Administrative Code (30 TAC) Chapter Section 106.534,
Standard Permit under Section 330.981_, or
New Source Review permit under Section 116.110.

See the Guidance for additional information on the various air authorizations and requirements.

To find out whether your facility may use this PBR, use the “Quick Screen” Checklist (available in PDF or DOC).

Registration

If you claim this PBR, you do not have to submit a registration to the TCEQ. However, you may want to voluntarily register your MSWLF or Transfer Station using Form PI-7, along with the required fee. If you register, the claim must show how you meet the general conditions of the PBR, required by Section 106.4 (use our PBR Applicability Checklist, form TCEQ-10149), and the specific requirements of Section 106.534 (see the MSWLF PBR Checklist [available in PDF or DOC]).

Record Keeping

Under 30 TAC Section 106.8, your records must identify the rules under which your facility is operating and demonstrate compliance for a rolling 12-month period. Be sure you keep at least these records:

a copy of Section 106.4
a copy of Section 106.534
records documenting compliance with the above rules

These records must be kept on site and readily available on request for inspection by the TCEQ or any air pollution control program that has jurisdiction. If you have questions about the type of records you should keep, contact the Air Program in the TCEQ regional office that serves your county.

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