Or. Admin. Code § 340-236-0500 - Solid Waste Landfills: Emission Standards for Municipal Solid Waste Landfills
(1)
Designated facilities.
(a) The designated
facility to which this rule applies is each existing municipal solid waste
landfill for which construction, reconstruction, or modification was commenced
on or before July 17, 2014.
(b)
Physical or operational changes made to an existing municipal solid waste
landfill solely to comply with this rule are not considered a modification or
reconstruction and would not subject an existing municipal solid waste landfill
to the requirements of a standard of performance for new municipal solid waste
landfills.
(2)
Compliance times. Planning, awarding of contracts, installing, and starting up
municipal solid waste landfill air emission collection and control equipment
that is capable of meeting the emission standards in section (7) of this rule
must be completed within 30 months after the date a non-methane organic
compound emission rate report shows non-methane organic compound emissions
equal or exceed 34 megagrams per year (50 megagrams per year for the closed
landfill subcategory); or within 30 months after the date of the most recent
non-methane organic compound emission rate report that shows non-methane
organic compound emissions equal or exceed 34 megagrams per year (50 megagrams
per year for the closed landfill subcategory), if Tier 4 surface emissions
monitoring shows a surface emission concentration of 500 parts per million
methane or greater. Sources currently subject to 40 C.F.R. part 60 subpart WWW
that are subject to these rules must continue to comply with the requirements
of subpart WWW until they become subject to the more stringent requirements of
this rule.
(3) Startup, shutdown
and malfunction. The provisions of this rule apply at all times, including
periods of startup, shutdown, or malfunction. During periods of startup,
shutdown, and malfunction, the owner or operator must operate the gas
collection system such that all collected gases are vented to a control system
designed and operated in compliance with
40
C.F.R. 60.33f(c). In the
event the collection or control system is not operating, the gas mover system
must be shut down and all valves in the collection and control system
contributing to venting of the gas to the atmosphere must be closed within 1
hour of the collection or control system not operating.
(4) Design capacity. The owner or operator of
a municipal solid waste landfill having a design capacity less than 2.5 million
megagrams by mass or 2.5 million cubic meters by volume must submit an initial
design capacity report to DEQ as provided in
40 C.F.R.
60.38f(a). The landfill may
calculate design capacity in either megagrams or cubic meters for comparison
with the exemption values. Any density conversions must be documented and
submitted with the report. Submittal of the initial design capacity report
fulfills the requirements of this rule except as follows:
(a) The owner or operator must submit an
amended design capacity report providing notification of an increase in the
design capacity of the landfill, within 90 days of an increase in the maximum
design capacity of the landfill to meet or exceed 2.5 million megagrams and 2.5
million cubic meters. This increase in design capacity may result from an
increase in the permitted volume of the landfill or an increase in the density.
If the design capacity increase is the result of a modification, as defined in
40
C.F.R. 60.41f, which was commenced after July
17, 2014, then the landfill becomes subject to 40 C.F.R. part 60 subpart XXX
instead of this rule. If the design capacity increase is the result of a change
in operating practices, density, or some other change that is not a
modification as defined in
40
C.F.R. 60.41f, then the landfill remains
subject to this rule.
(b) When an
increase in the maximum design capacity of a landfill with an initial design
capacity less than 2.5 million megagrams or 2.5 million cubic meters results in
a revised maximum design capacity equal to or greater than 2.5 million
megagrams and 2.5 million cubic meters, the owner or operator must comply with
section (5) of this rule.
(5) Emissions. The owner or operator of a
municipal solid waste landfill having a design capacity equal to or greater
than 2.5 million megagrams and 2.5 million cubic meters must either install a
collection and control system as provided in section (7) of this rule or
calculate an initial NMOC emission rate for the landfill using the procedures
specified in
40 C.F.R.
60.35f(a). The NMOC emission
rate must be recalculated annually, except as provided in
40 C.F.R.
60.38f(c)(3).
(a) If the calculated NMOC emission rate is
less than 34 megagrams per year, the owner or operator must:
(A) Submit an annual NMOC emission rate
report according to
40 C.F.R.
60.38f(c), except as
provided in
40 C.F.R.
60.38f(c)(3); and
(B) Recalculate the NMOC emission rate
annually using the procedures specified in
40 C.F.R.
60.35f(a) until such time as
the calculated NMOC emission rate is equal to or greater than 34 megagrams per
year, or the landfill is closed.
(i) If the
calculated NMOC emission rate, upon initial calculation or annual recalculation
required in paragraph (5)(a)(B) of this rule, is equal to or greater than 34
megagrams per year, the owner or operator must either comply with section (7)
of this rule; calculate NMOC emissions using the next higher tier in
40 C.F.R.
60.35f; or conduct a surface emission
monitoring demonstration using the procedures specified in
40 C.F.R.
60.35f(a)(6).
(ii) If the landfill is permanently closed, a
closure report must be submitted to DEQ as provided in
40 C.F.R.
60.38f(f), except for the
exemption allowed under section (14) of this rule.
(iii) For the closed landfill subcategory, if
the most recently calculated NMOC emission rate is equal to or greater than 50
megagrams per year, the owner or operator must either: submit a gas collection
and control system design plan as specified in
40 C.F.R.
60.38f(d), except for
exemptions allowed under subsection (13)(c) of this rule, and install a
collection and control system as provided in section (7) of this rule;
calculate NMOC emissions using the next higher tier in
40 C.F.R.
60.35f; or conduct a surface emission
monitoring demonstration using the procedures specified in
40 C.F.R.
60.35f(a)(6).
(b) If the calculated
NMOC emission rate is equal to or greater than 34 megagrams per year using Tier
1, 2, or 3 procedures, the owner or operator must either: submit a collection
and control system design plan prepared by a professional engineer to DEQ
within 1 year, of the first NMOC emission rate report in which the NMOC
emission rate equals or exceeds 34 megagrams per year, as specified in
40 C.F.R.
60.38f(d), except for
exemptions allowed in
40 C.F.R.
60.31f(e); calculate NMOC
emissions using a higher tier in
40 C.F.R.
60.35f; or conduct a surface emission
monitoring demonstration using the procedures specified in
40 C.F.R.
60.35f(a)(6).
(c) For the closed landfill subcategory, if
the calculated NMOC emission rate is equal to or greater than 50 megagrams per
year using Tier 1, 2, or 3 procedures, the owner or operator must either:
submit a collection and control system design plan as specified in
40 C.F.R.
60.38f(d), except for
exemptions allowed in
40 C.F.R.
60.31f(e); calculate NMOC
emissions using a higher tier in
40 C.F.R.
60.35f; or conduct a surface emission
monitoring demonstration using the procedures specified in
40 C.F.R.
60.35f(a)(6).
(6) Removal criteria. The
collection and control system may be capped, removed, or decommissioned if the
following criteria are met:
(a) The landfill
is a closed landfill (as defined in
40
C.F.R. 60.41f). A closure report must be
submitted to DEQ as provided in
40 C.F.R.
60.38f(f).
(b) The collection and control system has
been in operation a minimum of 15 years or the landfill owner or operator
demonstrates that the GCCS will be unable to operate for 15 years due to
declining gas flow.
(c) Following
the procedures specified in
40 C.F.R.
60.35f(b), the calculated
NMOC emission rate at the landfill is less than 34 megagrams per year on three
successive test dates. The test dates must be no less than 90 days apart, and
no more than 180 days apart.
(d)
For the closed landfill subcategory (as defined in
40
C.F.R. 60.41f), following the procedures
specified in
40 C.F.R.
60.35f(b), the calculated
NMOC emission rate at the landfill is less than 50 megagrams per year on three
successive test dates. The test dates must be no less than 90 days apart, and
no more than 180 days apart. For the closed landfill subcategory (as defined in
40
C.F.R. 60.41f), the landfill may comply with
this subsection in place of subsection (6)(c) in this rule but must still
comply with subsections (6)(a) and (b) in this rule.
(7) Emission standards. Landfills having a
design capacity greater than or equal to 2.5 million megagrams by mass and 2.5
million cubic meters by volume must comply with the requirements in
40
C.F.R. 60.33f(b) (collection
system requirement) and 60.33f(c) (control system requirement) if meeting the
following conditions:
(a) The landfill has
accepted waste at any time since November 8, 1987, or has additional design
capacity available for future waste deposition.
(b) The landfill commenced construction,
reconstruction, or modification on or before July 17, 2014.
(c) The landfill has an NMOC emission rate
greater than or equal to 34 megagrams per year or Tier 4 surface emissions
monitoring shows a surface emission concentration of 500 parts per million
methane or greater.
(d) The
landfill is in the closed landfill subcategory and has an NMOC emission rate
greater than or equal to 50 megagrams per year or Tier 4 surface emissions
monitoring shows a surface emission concentration of 500 parts per million
methane or greater.
(8)
Operational standards for collection and control systems. The owner or operator
of a municipal solid waste landfill with a gas collection and control system
used to comply with the provisions of section (7) of this rule must comply with
the operational standards in
40 C.F.R.
60.34f(a) through (f). If
monitoring demonstrates that the operational requirements in
40 C.F.R.
60.34f(b), (c) or (d) are
not met, corrective action must be taken as specified in
40 C.F.R. 60.36f(a)(3) and
(5) or (c). If corrective actions are taken
as specified in
40 C.F.R.
60.36f, the monitored exceedance is not a
violation of the operational requirements.
(9) Specifications for active collection
systems. The owner or operator of a municipal solid waste landfill seeking to
comply with the collection system requirements of
40
C.F.R. 60.33f(b) must meet
the following:
(a) The active collection well,
horizontal collector, surface collector, or other extraction device siting
requirements in
40 C.F.R.
60.40f(a), unless
alternative procedures have been approved by the Administrator.
(b) The gas collection device equipment and
procedure requirements in
40 C.F.R.
60.40f(b).
(c) The landfill gas collection header
pipe(s) and control system requirements in
40 C.F.R.
60.40f(c).
(10) Test methods and procedures.
The owner or operator of a municipal solid waste landfill subject to this rule
must calculate the landfill non-methane emission rate or conduct a surface
emission monitoring demonstration in accordance with
40 C.F.R.
60.35f.
(11) Compliance provisions. The owner or
operator of a municipal solid waste landfill subject to this rule must meet the
compliance provisions of
40 C.F.R.
60.36f, as applicable.
(12) Monitoring of operations. The owner or
operator of a municipal solid waste landfill subject to this rule must meet the
monitoring requirements of
40 C.F.R.
60.37f, except as provided in
60.38f(d)(2).
(13) Permitting
requirements.
(a) For purposes of obtaining an
operating permit under OAR 340 division 218, the owner or operator of a
municipal solid waste landfill subject to this rule with a design capacity less
than 2.5 million megagrams or 2.5 million cubic meters is not subject to the
requirement to obtain an operating permit for the landfill under OAR 340
division 218, unless the landfill is otherwise subject to OAR 340 division 218.
(b) For purposes of submitting a
timely application for an operating permit under OAR
340-218-0040(1)(a),
the owner or operator of a municipal solid waste landfill subject to this rule
with a design capacity greater than or equal to 2.5 million megagrams and 2.5
million cubic meters on the effective date of EPA approval of this rule, and
not otherwise subject to OAR 340 division 218, becomes subject to OAR 340
division 218 90 days after the effective date of EPA approval of this rule,
even if the design capacity report is submitted earlier.
(c) When a municipal solid waste landfill
subject to this rule is closed, the owner or operator is no longer subject to
the requirement to maintain an operating permit under OAR 340 division 218 for
the landfill if the landfill is not otherwise subject to the requirements of
OAR 340 division 218 and if either of the following conditions are met:
(A) The landfill was never subject to the
requirement to install and operate a gas collection and control system under
40
C.F.R. 60.33f; or
(B) The landfill meets the conditions for
control system removal specified in section (6) of this rule.
(14) When a municipal
solid waste landfill is in the closed landfill subcategory, the owner or
operator is not subject to the following reports, provided the owner or
operator submitted these reports under 40 C.F.R. part 60 subpart WWW on or
before July 17, 2014:
(a) Initial design
capacity report specified in
40 C.F.R.
60.38f(a).
(b) Initial or subsequent non-methane organic
compound emission rate report specified in
40 C.F.R.
60.38f(c), provided that the
most recent non-methane organic compound emission rate report indicated the
non-methane organic compound emissions were below 50 Mg/yr.
(c) Collection and control system design plan
specified in
40 C.F.R.
60.38f(d).
(d) Closure report specified in
40 C.F.R.
60.38f(f).
(e) Equipment removal report specified in
40 C.F.R.
60.38f(g).
(f) Initial annual report specified in
40 C.F.R.
60.38f(h).
(g) Initial performance test specified in
40 C.F.R.
60.38f(i).
(15) Reporting requirements. The
owner or operator of a municipal solid waste landfill subject to this rule must
meet the reporting requirements of
40 C.F.R.
60.38f, as applicable.
(16) Recordkeeping guidelines. The owner or
operator of a municipal solid waste landfill subject to this rule must meet the
recordkeeping requirements of
40 C.F.R.
60.39f, as applicable.
(17) Definitions. Terms used in this rule are
as defined in
40
C.F.R. 60.41f.
Notes
Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050
Statutes/Other Implemented: ORS 468A.025, 468A.040 & 468A.050
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