340-239-0100 Landfills with Greater Than or Equal to 200,000 Tons of Waste-in-Place (1) By October 1, 2022 the owner or operator of a landfill listed in Table 1 Part B or C of OAR 340-216-8010, having greater than 200,000 tons (181,000 metric tons) of waste-in-place, must submit to DEQ an administratively complete permit application, pursuant to OAR chapter 340, division 216, an initial Waste-in-Place Report, pursuant to OAR 340-239-0700(3)(e), and a Methane Generation Rate Report, pursuant to OAR 340-239-0700(3)(f). (2) The owner or operator of an existing landfill that does not yet have 200,000 tons of waste-in-place must, may not accept solid waste in excess of 200,000 tons of waste-in-place without a permit issued pursuant to OAR 340-216, and submission of an initial Waste-in Place Report, pursuant to OAR 340-239-0700(3)(e) and a Methane Generation Rate Report, pursuant to OAR 340-239-0700(3)(f). Once the landfill reaches a size greater than or equal to 200,000 tons of waste-in-place, the owner or operator is subject to OAR 340-239-0100. (3) The owner or operator of a proposed new landfill that is designed to receive greater than or equal to 200,000 tons of waste in the first year must submit an administratively complete permit application, pursuant to OAR chapter 340, division 216, prior to receiving any waste. The owner or operator of a new landfill also must submit to DEQ, no later than January 30 after the first calendar year in which the landfill initially accepted waste, an initial Waste-in-Place Report, pursuant to OAR 340-239-0700(3)(e), and a Methane Generation Rate Report, pursuant to OAR 340-239-0700(3)(f). (4) The owner or operator of a landfill having greater than or equal to 200,000 tons of waste-in-place must submit an annual Waste-in-Place Report to DEQ pursuant to OAR 340-239-0700(3)(e) and an annual Methane Generation Rate Report, pursuant to OAR 340-239-0700(3)(f), until the owner or operator submits a Closure Notification pursuant to OAR 340-239-0700(3)(a). The initial Waste-in-Place Report and Methane Generation Rate Report submitted by a landfill pursuant to sections (1), (2) or (3) shall satisfy this requirement for the initial year it applies to a landfill. (5) If the calculated methane generation rate reported by the owner or operator of a landfill according to section (1), (2) (3), or (4) of this rule is less than 664 metric tons (732 tons) per year, the owner or operator must: (a) If the landfill is active: (A) Recalculate the methane generation rate annually using the procedures specified in OAR 340-239-0800(2); (B) Submit an annual Methane Generation Rate Report to DEQ pursuant to OAR 340-239-0700(3)(f) until either of the following conditions is met: (i) The calculated methane generation rate is greater than or equal to 664 metric tons (732 tons) per year, or (ii) The owner or operator submits a Closure Notification pursuant to OAR 340-239-0700(3)(a). (C) Maintain the cover in any areas of the landfill not exempt per OAR 340-239-0300 so as to minimize landfill gas emissions and visually inspect the landfill surface annually for signs of methane releases including distressed vegetation, cracks or seeps. (b) If the landfill is closed or inactive, submit to DEQ a Methane Generation Rate Report pursuant to OAR 340-239-0700(3)(f) and all required Closure Notifications pursuant to OAR 340-239-0700(3)(a). (6) If the methane generation rate reported by the owner or operator according to section (1), (2), (3), or (4) of this rule is greater than or equal to 664 metric tons (732 tons) per year but less than 7,755 metric tons (8,548 tons) per year, then the owner or operator must either: (a) Comply with the requirements of OAR 340-239-0110 through 340-239-0800. The owner or operator is subject to OAR 340-239-0110 through 340-239-0800 at the time they are required to submit the Methane Generation Rate Report that shows methane generation above 664 metric tons per year; or (b) Demonstrate that after four consecutive quarterly monitoring periods there is no measured concentration of methane of 200 parts per million by volume (ppmv) or greater using the instantaneous surface monitoring procedures specified in OAR 340-239-0800(3). The owner or operator of the landfill must begin quarterly monitoring within 90 days after the Methane Generation Rate Report is required to be submitted under section (1) or (2) of this rule or OAR 340-239-0100(6) and submit Instantaneous Surface Monitoring Reports according to OAR 340-239-0700(3)(l). Based on the monitoring results, the owner or operator must do one of the following: (A) Except as provided in OAR 340-239-0600(1)(a), if there is any measured concentration of methane of 200 ppmv or greater, other than non-repeatable, momentary readings, from the surface of an active, inactive, or closed landfill, the landfill owner or operator must comply with OAR 340-239-0110 through OAR 340-239-0800. The owner or operator is subject to OAR 340-239-0110 through OAR 340-239-0800 at the time they are required to submit the Instantaneous Surface Monitoring Report that shows surface emissions of methane above 200 ppmv; (B) If there is no measured concentration of methane of 200 ppmv or greater from the surface of an active landfill, recalculate the methane generation rate annually using the procedures specified in OAR 340-239-0800(2) and submit a Methane Generation Rate Report annually to DEQ pursuant to OAR 340-239-0700(3)(f), and: (i) If the landfill is active, the owner or operator must continue quarterly surface emission monitoring using the methods specified in this subsection and prepare and submit an annual Instantaneous Surface Monitoring Report according to OAR 340-239-0700(3)(l); or (ii) If the landfill is closed, the owner or operator must conduct annual surface emission monitoring using the methods specified in this subsection and prepare and submit an annual Instantaneous Surface Monitoring Report according to OAR 340-239-0700(3)(l). (C) If there is no measured concentration of methane of 200 ppmv or greater from the surface of a closed or inactive landfill, the requirements of OAR 340-239-0110 through 340-239-0800 no longer apply provided that the owner or operator has completed all of the following : (i) Satisfied all applicable requirements of OAR 340-239-0400; (ii) Submitted to DEQ a Waste-in-Place Report, pursuant to section (1), (2), or (3) of this rule; and (iii) Submitted to DEQ all required Instantaneous Surface Monitoring Reports, pursuant to subsection (5)(b).) of this rule. (7) If the methane generation rate reported according to section (1), (2), or (3) of this rule is greater than or equal to 7,755 metric tons (8,548 tons) per year, then the owner or operator must comply with the requirements of OAR 340-239-0110 through 340-239-0800. (8) If owner or operator of a landfill with more than 200,000 tons of waste-in-place adds any liquid other than leachate in a controlled fashion to the waste mass to reach a minimum average moisture content of at least 40 percent by weight to accelerate or enhance the anaerobic biodegradation of the waste, the owner or operator must install and operate a gas collection and control system that meets the criteria in OAR 340-239-0110 according to the following: (a) Install the gas collection and control system for the bioreactor before initiating liquids addition. Extend the collection and control system into each new cell or area of the bioreactor prior to initiating liquids addition in that area; and (b) Begin operating the gas collection and control system within 180 days after initiating liquids addition or within 180 days after achieving a moisture content of 40 percent by weight, whichever is later. Bioreactor moisture content must be calculated in accordance with OAR 340-239-0800(109). Statutory/Other Authority: ORS 468.020, ORS 468A.025, ORS 468A.040 & ORS 468A.050 Statutes/Other Implemented: ORS 468A.025, ORS 468A.040 & ORS 468A.050 History: DEQ 16-2021, adopt filed 10/04/2021, effective 10/04/2021