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. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468A.025, 468A.040 & 468A.050 History: DEQ 18-2019, amend filed 07/19/2019, effective 07/19/2019 DEQ 146-2018, minor correction filed 04/11/2018, effective 04/11/2018 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0745 DEQ 22-1998, f. & cert. ef. 10-21-98 DEQ 8-1997, f. & cert. ef. 5-6-97