Ohio Admin. Code 3745-27-12 - Explosive gas migration monitoring for a sanitary landfill facility
(A)
Applicability. This rule applies to each responsible
party for any of the following facilities:
(1)
A licensed solid
waste landfill facility that accepted waste on or after June 1,
1994.
(2)
A previously licensed closed solid waste landfill
facility that meets the following:
(a)
Ceased solid waste acceptance after May 31,
1988.
(b)
Is so situated that a residence or other occupied
structure is located within one thousand feet of the horizontal limits of solid
waste placement.
(3)
A previously
licensed closed solid waste landfill facility that meets the following:
(a)
Ceased solid
waste acceptance between July 1, 1970 and May 31, 1988.
(b)
Has received
notification from Ohio EPA that this rule applies, based upon site specific
conditions including but not limited to explosive gas generation, migration,
and the threat to human health, safety, or the environment.
(4)
A
solid waste landfill facility for which a new or revised EGMP is required
pursuant to an order of the director.
(B)
Definitions. If a
term used in this rule is defined in rule
3745-27-01 of the Administrative
Code, the definition in rule
3745-27-01 of the Administrative
Code is applicable to this rule unless the term is defined in this rule. As
used in this rule:
(1)
"Alternative monitoring device" or "AMD" means any type
of device other than an explosive gas monitoring probe where the presence and
concentration of landfill gas can be measured with a direct reading
instrument.
(2)
"EGMP" means an explosive gas monitoring
plan.
(3)
"Facility boundary" means one of the following:
(a)
The solid waste
landfill facility boundary as depicted in the effective permit.
(b)
The property line
of all the parcels that contain the limits of solid waste
placement.
(4)
"LEL" has the same meaning as lower explosive
limit.
(5)
"Solid waste landfill facility," means any site,
location, tract of land, or installation used for the disposal of solid
waste.
(C)
Exclusions. This rule does not apply to the following
facilities:
(1)
A solid waste landfill facility that exclusively disposes or
has disposed of solid wastes generated on one or more premises owned by the
person who owns the solid waste landfill facility.
(2)
A solid waste
landfill facility owned or operated by a person other than the generator of the
wastes that exclusively disposes or has disposed of nonputrescible solid wastes
generated by the generator at one or more of the premises owned by the
generator.
(D)
Notwithstanding the exclusions contained in paragraph
(C) of this rule, the director may issue an order directing a responsible party
to prepare and submit a new or revised EGMP for a solid waste landfill facility
in accordance with this rule if the director determines that the potential
exists for the formation and subsurface migration of explosive gases in such
quantities and under such conditions as to threaten human health or safety or
the environment.
(E)
Exceedances of methane by volume at or above 1.25 per
cent in occupied structures or five per cent methane by volume at the facility
boundary shall constitute a threat to human health, safety, and the
environment.
(F)
Explosive gas monitoring plan.
(1)
Submittal and
implementation of an EGMP. Unless otherwise excluded by paragraph (C) of this
rule, the responsible party shall prepare, submit, and implement an EGMP as
follows:
(a)
For a solid waste landfill facility operating on the
effective date of this rule, submit an EGMP that complies with this rule in
accordance with the following schedule:
(i)
Concurrent with a
request to alter an effective EGMP.
(ii)
At the same time
as the ten-year update schedule specified in rule
3745-27-19 of the Administrative
Code.
(b)
For a solid waste landfill facility that has ceased
operations prior to the effective date of this rule, not later than two hundred
seventy days after the effective date of this rule or not later than two
hundred seventy days after receipt of a notification in accordance with
paragraph (A)(3)(b) of this rule, submit an EGMP to Ohio EPA as follows:
(i)
For a solid waste
landfill facility without an approved EGMP, a new EGMP that complies with this
rule.
(ii)
For a solid waste landfill facility with an approved
EGMP, a revised EGMP that complies with this rule.
(c)
If a new occupied
structure is built within one thousand feet of the horizontal limits of solid
waste placement, submit an EGMP that complies with this rule to Ohio EPA in
accordance with the following schedule:
(i)
For a solid waste
landfill facility without an approved EGMP, a new EGMP not later than two
hundred seventy days after discovery of the occupied structure.
(ii)
For a solid
waste landfill facility with an approved EGMP, a revised EGMP not later than
one hundred eighty days after discovery of the occupied
structure.
(d)
The most recent approved EGMP shall remain in effect
until a revised EGMP is approved by the director in accordance with this
rule.
(e)
The responsible party shall implement the EGMP upon
approval by the director.
(f)
The responsible party shall comply with an approved
EGMP until the director authorizes the responsible party to cease explosive gas
monitoring in accordance with paragraph (O) of this rule.
(2)
The
responsible party shall establish a stand-alone EGMP on forms prescribed by the
director and submit the EGMP to Ohio EPA that includes at a minimum, the
following:
(a)
A description of the explosive gas monitoring network that
demonstrates the network conforms to paragraph (H) of this rule and is capable
of measuring explosive gas to ensure concentrations of methane do not exceed
the following:
(i)
1.25 per cent by volume or twenty-five per cent of the
LEL in occupied structures.
(ii)
Five per cent by
volume or one hundred per cent of the LEL at the facility
boundary.
(b)
Detailed topographical maps with a scale of one inch
equals no greater than two hundred feet showing the following:
(i)
The property
boundary, facility boundary, and the horizontal limits of solid waste placement
of the solid waste landfill facility.
(ii)
A zone around
the solid waste landfill facility representing the area that is two hundred
feet from the horizontal limits of solid waste placement.
(iii)
A zone around
the solid waste landfill facility representing the area that is one thousand
feet from the horizontal limits of solid waste placement.
(iv)
All property
owners and political subdivisions located within two hundred feet of the
horizontal limits of solid waste placement.
(v)
All property
boundaries and parcel numbers located within one thousand feet of the
horizontal limits of solid waste placement.
(vi)
All on-site
enclosed structures where one or more human beings may be present and all
off-site enclosed structures where one or more human beings may be present
located within one thousand feet of the horizontal limits of solid waste
placement. The EGMP shall identify those enclosed structures that are occupied
structures.
(vii)
All man-made explosive gas migration pathways within
one thousand feet of the horizontal limits of solid waste placement including
but not limited to roads, railroads, underground utilities, mines, storm
sewers, water lines, electric cables, and pipelines.
(viii)
All other
potential sources of explosive gas within one thousand feet of the horizontal
limits of solid waste placement including but not limited to oil and gas wells,
landfills, and wetlands.
(ix)
All man-made features that may act as a barrier to
explosive gas migration or allow the venting of explosive gas.
(c)
The
following geological information:
(i)
The ground water surface elevation in the proximity of
the solid waste placement and fluctuations in ground water
levels.
(ii)
A discussion of the topography of the site and
surrounding area.
(iii)
A discussion of any natural or man-made site
characteristics that may act as impervious boundaries to gas migration or allow
natural venting of gas.
(iv)
If the subsurface stratification is known, a
hydrogeological cross section of the solid waste landfill facility property
that equals the depth of solid waste and shows the potential natural
pathways.
(v)
A discussion characterizing all known potential
explosive gas migration pathways and their associated explosive gas
hazard.
(vi)
A discussion and identification of any other sources of
explosive gas within one thousand feet of the horizontal limits of solid waste
placement that may potentially cause subsurface migration of explosive
gas.
(d)
The following solid waste landfill facility
information:
(i)
The lowest elevation of solid waste
placement.
(ii)
The approximate acreage of solid waste
placement.
(iii)
A discussion of the types of waste that have been
disposed or will be disposed at the solid waste landfill
facility.
(iv)
At a minimum and as applicable and available, a
discussion of the following historical information pertaining to the solid
waste landfill facility:
(a)
The date of the initial solid waste license and any
subsequent licenses.
(b)
The date of initial operation.
(c)
The date of
cessation of waste acceptance, the date closure activities were completed, and
the date when the closure certification report was submitted to the
director.
(d)
All previous or current authorizations regarding
explosive gas management.
(e)
The names of all prior owners for all of the real
property within the facility boundary.
(e)
The following gas
investigation information:
(i)
A description and an evaluation of the effectiveness of
the following:
(a)
Any existing gas monitoring system.
(b)
Any existing gas
extraction system.
(c)
Any existing gas venting system.
(ii)
A
discussion of historical records detailing any previous explosive gas
investigations including but not limited to probe sampling results and any
other type of gas sampling results.
(iii)
A discussion of
any of the following that could be attributed to current explosive gas
presence:
(a)
Dead vegetation.
(b)
Odors.
(c)
Snow melt.
(f)
For every probe
and AMD, the following:
(i)
The schematic of the design that conforms to paragraph
(G) of this rule. The schematic may be a generalized construction of the probe
or AMD.
(ii)
The location and the geo-coordinate on a plan
drawing.
(iii)
The total depth.
(iv)
The total length
of the screen interval, if applicable.
(v)
The
identification designation.
(vi)
Methods of
construction.
(vii)
Materials used in construction.
(viii)
Installation
procedures and quality assurance measures.
(ix)
Security
measures capable of protecting the probe or AMD from vandalism, impact damage,
and weather, as applicable.
(g)
The following
appendices to the EGMP:
(i)
Appendix A. Copies of letters sent to the entities
listed in paragraph (J) (2) of this rule, which specify the location of the
solid waste landfill facility and the proximity of the occupied
structure.
(ii)
Appendix B. Documentation of installation of explosive
gas alarms in occupied structures within two hundred feet of solid waste
placement. At a minimum, this documentation shall include the following:
(a)
Communications
from the responsible party to the property owner of the occupied structure
seeking consent to install an explosive gas alarm in the
structure.
(b)
Confirmatory communication from the responsible party
to each owner of an occupied structure that declines consent to install an
explosive gas alarm in the structure.
(c)
A map depicting
all occupied structures within two hundred feet of solid waste placement that
have an explosive gas alarm installed.
(iii)
Appendix C.
Hydrogeologic boring logs, if available.
(iv)
Appendix D.
Certification reports in accordance with paragraph (G) (2) of this
rule.
(v)
Appendix E. The most recent deed for each parcel of the
solid waste landfill facility property.
(vi)
Other appendices
as necessary.
(3)
If Ohio EPA
determines that additional information is necessary to determine whether the
criteria set forth in paragraph (F)(2) of this rule are satisfied, Ohio EPA may
require that the responsible party supply such information as a precondition to
further consideration of the EGMP.
(4)
The director
shall not approve an EGMP unless the following are met:
(a)
The EGMP is
complete in accordance with paragraph (F)(2) of this rule.
(b)
The explosive gas
monitoring system is designed and is capable of being constructed and operated
in accordance with this rule and with any terms and conditions of the approved
EGMP.
(c)
Any existing probes or AMDs have been installed and
explosive gas is being monitored in accordance with paragraphs (I), (J), and
(L) of this rule.
(5)
Alterations to
the EGMP. The responsible party may submit to Ohio EPA a written request to
revise the approved EGMP and may implement the revision only upon obtaining
Ohio EPA's concurrence with the request.
(G)
Probe and AMD
design. The responsible party shall utilize probes and AMDs as follows:
(1)
Probe design,
construction, and implementation.
(a)
The explosive gas monitoring network shall be designed
and constructed utilizing probes that conform to the following:
(i)
Accurately detect
the existing levels of explosive gas.
(ii)
Are screened to
the entire depth of solid waste placement, unless a barrier exists that is of
sufficient impermeability to prevent the migration of explosive gas beyond the
barrier. The responsible party may submit a demonstration that existing probes
are adequate and meet the design specifications of this
paragraph.
(iii)
Are designed to prevent contamination or dilution of
explosive gas samples.
(iv)
Are designed to prevent contamination of
groundwater.
(v)
Are designed to obtain liquid levels, gas pressure, and
methane concentration within the probe.
(b)
Ohio EPA may
authorize the use of AMDs in lieu of probes if the responsible party
demonstrates, based on specific site geology, location, depth of waste, or
other factors, that the AMDs will be protective of human health, safety, and
the environment. If AMDs are used, the AMDs shall conform to the
following:
(i)
Accurately detect the existing levels of explosive
gas.
(ii)
Be capable of detecting gas migration in the explosive
gas pathway.
(iii)
Be designed to prevent contamination of
groundwater.
(c)
If at any time Ohio EPA determines the construction,
design, or operation of any probe or AMD is not capable of meeting the
requirements of this paragraph, then the probe or AMD shall be re-developed by
the responsible party to meet these requirements.
(d)
The director may
require the installation of additional probes, AMDs, alarms, or the abandonment
of probes as necessary to monitor explosive gas pathways or to eliminate the
potential contamination of ground water.
(2)
Certification of
probes or AMDs. Upon installation of new or replacement probes or AMDs, the
responsible party shall submit a certification report to the director that at a
minimum includes the following:
(a)
A drawing showing the locations of all probes and AMDs
with their associated identification designations.
(b)
Geologic logs, if
applicable.
(c)
Piping materials, depth and, if applicable, the length
of the screened intervals.
(d)
The initial gas
monitoring results obtained from the probe or AMD.
(3)
New occupied
structures or explosive gas pathways. The responsible party shall alter the
EGMP and install new probes or AMDs in all new explosive gas pathways and
construct the new probes or AMDs in accordance with this rule. A new probe or
AMD shall be installed and sampled in the following manner:
(a)
Not later than
one hundred eighty days after discovery of a new occupied structure within one
thousand feet of the horizontal limits of solid waste
placement.
(b)
Upon discovery of an existing explosive gas pathway or
the creation of any explosive gas pathway within one thousand feet of the
horizontal limits of solid waste placement.
(c)
Upon discovery of
any topographic or subsurface construction changes occurring in the vicinity of
the solid waste landfill facility that create the potential for explosive gas
migration towards any occupied structure within one thousand feet of solid
waste placement.
(4)
Replacement or
abandonment of probes or AMDs. The responsible party shall replace or abandon a
probe or AMD as follows:
(a)
For a damaged or inaccessible probe or AMD, replace in
accordance with the approved EGMP and this rule prior to the next compliance
monitoring event or in accordance with an alternative timeframe authorized in
writing by Ohio EPA.
(b)
As near as possible to the same location as the damaged
probe or AMD to monitor the same pathway.
(c)
Certify the
installation of the new or replacement probe or AMD in accordance with
paragraph (G)(2) of this rule.
(d)
If applicable,
abandon the probes and AMDs in accordance with rule
3745-9-10 of the Administrative
Code.
(H)
Explosive gas
network design. The responsible party shall ensure that the explosive gas
monitoring network is capable of detecting explosive gas using probes or alarms
as follows unless the responsible party has received authorization from Ohio
EPA to use AMDs in lieu of probes:
(1)
For an occupied structure located within the horizontal
limits of solid waste placement, using explosive gas alarms. Upon consent of
the owner of the occupied structure, the responsible party shall install
explosive gas alarms in the occupied structure in accordance with the
manufacturer's instructions. At a minimum, the explosive gas alarm shall be
capable of detecting gas concentrations of 1.25 per cent methane by volume or
twenty-five per cent of the LEL.
(2)
For occupied
structures located within two hundred feet of the horizontal limits of solid
waste placement, the following:
(a)
Upon consent of the owner of the occupied structure,
install an explosive gas alarm in the occupied structure. At a minimum, the
explosive gas alarm shall be capable of detecting gas concentrations of 1.25
per cent methane by volume or twenty-five per cent of the LEL.
(b)
Install probes
between the horizontal limits of solid waste placement and the occupied
structure in such location and number that explosive gas migration through the
unconsolidated stratigraphic unit, fractured bedrock pathway, or man-made
pathway towards the occupied structure will be detected. If the occupied
structure is outside the facility boundary, the probe shall be located as close
to the facility boundary as possible. If a man-made barrier to gas migration is
present, the probe shall be located between the barrier and the occupied
structure.
(3)
For occupied structures located within one thousand
feet of the horizontal limits of solid waste placement, install probes between
the horizontal limits of solid waste placement and the occupied structure in
such locations and numbers that explosive gas migration through the
unconsolidated stratigraphic unit, fractured bedrock pathway, or man-made
pathway towards the structure will be detected. If the occupied structure is
outside the facility boundary, the probe shall be located as close to the
facility boundary as possible. If a man-made barrier to gas migration is
present, the probe shall be located between the barrier and the occupied
structure.
(4)
For a licensed solid waste landfill facility that
accepted waste on or after June 1, 1994, by installing probes that monitor
explosive gas towards the facility boundary and are located between the
horizontal limits of solid waste placement and the facility
boundary.
(I)
Compliance monitoring.
(1)
Sampling
frequency. The responsible party shall conduct explosive gas compliance
monitoring in accordance with the following schedule:
(a)
For licensed
solid waste landfill facility in operation on or after June 1, 1994:
(i)
Monthly prior to
closure if any portion of the solid waste landfill facility is not lined with a
flexible membrane liner.
(ii)
Quarterly prior to closure if the solid waste landfill
facility is lined with a flexible membrane liner.
(iii)
Quarterly
during the post closure care period.
(b)
For a solid waste
landfill facility that ceased acceptance of waste prior to June 1, 1994, but
after July 1, 1970, semiannually.
(c)
For a solid waste
landfill facility regulated under Chapter 3745-29 or Chapter 3745-30 of the
Administrative Code, one of the following:
(i)
Monthly prior to
closure if any portion of the solid waste landfill facility is not lined with a
flexible membrane liner.
(ii)
Quarterly prior to closure if the solid waste landfill
facility is lined with a flexible membrane liner.
(iii)
Quarterly
during the post closure care period.
(d)
At an alternate
frequency specified by Ohio EPA in accordance with paragraph (J)(5) of this
rule.
(2)
Operating record. For a licensed solid waste landfill
facility in operation on or after June 1, 1994, the responsible party shall
submit all EGMP certification reports, monitoring results, contingency reports,
and revisions to the approved EGMP into the operating record in accordance with
rule 3745-27-09 of the Administrative
Code.
(J)
Contingency monitoring.
(1)
The responsible
party shall implement contingency monitoring upon discovery of either of the
following gas concentrations:
(a)
Five per cent methane by volume or one hundred per cent
of the LEL at any probe or AMD.
(b)
1.25 per cent
methane by volume or twenty-five per cent of the LEL in any occupied
structure.
(2)
Notifications. Upon discovery of gas concentrations
exceeding a limit specified paragraph (J)(1) of this rule, the responsible
party shall immediately notify the following:
(a)
The owner of the
occupied structure.
(b)
The appropriate Ohio EPA district office and the local
board of health.
(c)
If the exceedance is in an occupied structure, the
local fire department.
(3)
Upon
implementation of contingency monitoring, the responsible party shall do the
following:
(a)
Increase the monitoring frequency for each probe and AMD
that exceed the LEL to a minimum of weekly unless otherwise directed by Ohio
EPA.
(b)
Submit the contingency monitoring results to Ohio EPA
and the local board of health not later than seven days following each
contingency monitoring event, unless otherwise directed by Ohio
EPA.
(4)
Cessation. The responsible party may cease contingency
monitoring when a minimum of four sequential weekly monitoring events no longer
exceed the limits specified in paragraph (J)(1) of this rule.
(5)
Return to
compliance monitoring. Upon cessation of contingency monitoring in accordance
with this rule, the responsible party shall return to compliance monitoring at
a frequency specified by Ohio EPA. The first compliance monitoring event shall
occur not later than two months after cessation of contingency
monitoring.
(K)
Remediation procedures. If directed by a notification
from Ohio EPA pursuant to paragraph (A)(3)(b) of this rule or if the
responsible party is unable to mitigate or abate explosive gas exceedances that
are at the facility boundary and within one thousand feet of an occupied
structure after four weeks of contingency monitoring, the responsible party
shall prepare, submit, and implement a remediation plan as follows:
(1)
Remediation plan.
The responsible party shall prepare and submit a remediation plan to Ohio EPA
not later than thirty days after receipt of the notice pursuant to paragraph
(A)(3)(b) of this rule or not later than thirty days after the initial four
weeks of contingency monitoring, whichever is applicable. The responsible party
shall ensure that the remediation plan contains an implementation schedule and
describes how the formation and migration of explosive gas from the facility
will be minimized or abated such that exceedances of the LEL at the facility
boundary cease.
(2)
The responsible party shall implement the remediation
plan not later than thirty days after receipt of concurrence from Ohio EPA or
in accordance with an alternative schedule authorized in writing by Ohio
EPA.
(3)
If the responsible party has implemented the
remediation plan and not abated or minimized the formation and migration of
explosive gas from the facility such that exceedances of the LEL at the
facility boundary continue to occur, then the responsible party shall do the
following:
(a)
Submit a revised remediation plan not later than thirty days
following notification from Ohio EPA that the remedy was not
successful.
(b)
Implement the revised remediation plan not later than
fourteen days after receipt of written approval from Ohio EPA.
(4)
Ohio
EPA may condition a remediation plan or a revised remediation plan to address
any deficiencies. The responsible party shall implement the conditioned
remediation plan not later than thirty days after receipt of written approval
or in accordance with an alternative schedule authorized in writing by Ohio
EPA.
(L)
Sampling procedures, calibration, and
maintenance.
(1)
Sampling procedures. When conducting monitoring, the
responsible party shall sample all monitoring locations as follows:
(a)
Probes and AMDs
shall not be vented prior to sampling gas pressure or methane
concentration.
(b)
The gas monitoring equipment shall have a detection
limit below one per cent methane by volume.
(c)
For all probes
and AMDs, the following information shall be recorded:
(i)
Ambient
barometric pressure.
(ii)
Ambient air temperature.
(iii)
Observed
weather conditions.
(d)
For probes,
information shall be recorded in the following order:
(i)
Gas pressure in
the probe.
(ii)
Peak combustible gas concentration in per cent methane
by volume or in per cent LEL.
(iii)
Depth to water
from the top of casing.
(e)
For AMDs, peak
combustible gas concentration shall be recorded in per cent methane by volume
or in per cent LEL.
(2)
Calibration
procedures. The responsible party shall maintain documentation of the
calibration of explosive gas monitoring equipment and ensure that the gas
monitoring equipment used to perform monitoring is properly calibrated per
manufacturer's requirements not later than twenty-four hours prior to
performing any sampling. The responsible party shall ensure the
following:
(a)
Any gases used to calibrate the gas monitoring equipment are
not expired.
(b)
The calibration gas concentration is between one per
cent and five per cent methane by volume, or as specified by the
manufacturer.
(3)
Maintenance of explosive gas alarms. The responsible
party shall maintain explosive gas alarms installed in occupied structures as
follows:
(a)
Calibrate and assess the performance of the explosive gas
alarm at a minimum annually and submit documentation of the condition of each
alarm and calibration results to Ohio EPA not later than thirty days after the
calibration event.
(b)
Replace each defective or non-functioning alarm not
later than twenty-four hours after discovery that the alarm is not operating
per the manufacturer's specifications.
(c)
Immediately
notify the individuals identified in paragraph (J)(2) of this rule if an alarm
indicates the presence of explosive gas at 1.25 per cent methane by volume or
twenty-five per cent of the LEL within the occupied structure.
(M)
Reporting.
(1)
Not later than fifteen days after the date of sampling,
the responsible party shall submit the explosive gas sampling results to Ohio
EPA and the local board of health on forms prescribed by the director. At a
minimum, the results shall include the following:
(a)
The
identification designation for each probe and AMD sampled.
(b)
The ambient
barometric pressure, ambient air temperature, and observed weather conditions
on the date of sampling.
(c)
The concentration of methane in each probe and AMD
sampled.
(d)
Any additional information specified on the form or
requested by Ohio EPA.
(2)
An alternative
form may be utilized by the responsible party if the alternative form contains
all of the information specified in paragraph (M)(1) of this
rule.
(N)
Upon the director's finding that explosive gas
formation and migration threaten human health, safety or the environment, the
director may order a responsible party to perform such measures to abate or
minimize the formation or migration of explosive gas.
(O)
Cessation of
explosive gas monitoring. The responsible party of a solid waste landfill
facility that has completed post closure care may submit to the director a
written request to cease explosive gas monitoring. The request shall
demonstrate that gas formation and migration from the solid waste landfill
facility is no longer a threat to human health, safety or the
environment.
Replaces: 3745-27-12
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.041, 3734.12
Rule Amplifies: 3734.02, 3734.041, 3734.12
Prior Effective Dates: 11/17/1988 (Emer.), 03/09/1989 (Emer.), 06/12/1989, 06/01/1994, 08/15/2003
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