(a) This source category applies to industrial waste landfills that accepted waste on or after January 1, 1980, and that are located at a facility whose total landfill design capacity is greater than or equal to 300,000 metric tons.

(b) An industrial waste landfill is a landfill other than a municipal solid waste landfill, a RCRA Subtitle C hazardous waste landfill, or a TSCA hazardous waste landfill, in which industrial solid waste, such as RCRA Subtitle D wastes (non-hazardous industrial solid waste, defined in 40 CFR 257.2), commercial solid wastes, or conditionally exempt small quantity generator wastes, is placed. An industrial waste landfill includes all disposal areas at the facility.

(c) This source category does not include:

(1) Construction and demolition waste landfills.

(2) Industrial waste landfills that only receive one or more of the following inert waste materials:

(i) Coal combustion or incinerator ash (e.g., fly ash).

(ii) Cement kiln dust.

(iii) Rocks and/or soil from excavation and construction and similar activities.

(iv) Glass.

(v) Non-chemically bound sand (e.g., green foundry sand).

(vii) Clay, gypsum, or pottery cull.

(viii) Bricks, mortar, or cement.

(ix) Furnace slag.

(x) Materials used as refractory (e.g., alumina, silicon, fire clay, fire brick).

(xi) Plastics (e.g., polyethylene, polypropylene, polyethylene terephthalate, polystyrene, polyvinyl chloride).

(xii) Other waste material that has a volatile solids concentration of 0.5 weight percent (on a dry basis) or less.

(xiii) Other waste material that has a DOC value of 0.3 weight percent (on a wet basis) or less. DOC value must be determined using a 60-day anaerobic biodegradation test procedure identified in §98.464(b)(4)(i).

(d) This source category consists of the following sources at industrial waste landfills: Landfills, gas collection systems at landfills, and destruction devices for landfill gases (including flares).

[75 FR 39773, July 12, 2010, as amended at 76 FR 73907, Nov. 29, 2011, 77 FR 51495, Aug. 24, 2012; 78 FR 71979, Nov. 29, 2013]