AgendaItem4_MSW Landfills EG Description and Rules

AGENDA ITEM 4
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Agenda Item: Request for Approval of Proposed Rule Revisions and to Proceed to EMC to
Request to Proceed to Public Hearing on Adoption of Final Emission
Guidelines for Existing Landfills (540)
Explanation: The Air Quality Committee (AQC) is requested to approve proposed rule revisions
on amendments to the rule for existing municipal solid waste landfills.
15A NCAC 02D Section .1700 is proposed for amendment to reflect changes to the
federal rule for existing solid waste landfills. These proposed rule changes are
necessary to comply with federal requirements. The United States Environmental
Protection Agency (USEPA) revised its Emission Guideline Rules on August 29,
2016 under 40 Code of Federal Regulations Part 60, Subpart Cf. These revisions
are the result of USEPA’s periodic review of New Source Performance Standards
as required by the Clean Air Act. The following changes were included in the revised
Emissions Guideline Rules:
1.The USEPA lowered the non-methane organic compound (NMOC) emissions
threshold from 50 megagrams (Mg) per year to 34 Mg per year in determining
when a gas collection and control system is to be required to control greenhouse
gases.
2.The USEPA is requiring that owners or operators develop a site-specific
landfill gas treatment system monitoring plan that includes monitoring
parameters addressing all three elements of treatment (filtration, de-
watering, and compression) to ensure the treatment system is operating
properly for the intended end use of the treated landfill gas. This
monitoring process also includes keeping records that demonstrate
that such parameters effectively monitor filtration, de-watering, and
compression system performance necessary for the end use of the treated
landfill gas.
3.The USEPA is adding additional electronic reporting requirements for
existing and new wet areas of landfills that use leachate recirculation.
4.The USEPA is requiring that existing landfills report the latitude and longitude
coordinates of each surface emissions exceedance (500 ppm methane or
greater).
Rules 15A NCAC 02D .1701 through .1710 are proposed for readoption with
amendments to reflect these requirements.
Recommendation: The Director recommends that the Committee approve the proposed amendments
for presentation to the EMC for approval to proceed to public comment.
15A NCAC 02D .1701 is proposed for amendment as follows: 1
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SECTION .1700 - MUNICIPAL SOLID WASTE LANDFILLS 3
4
15A NCAC 02D .1701 DEFINITIONS 5
For the purposepurposes of this RuleSection, the definitions contained in 40 CFR 60.75160.41f shall apply. 6
7
History Note: Authority G.S. 143-213; 143-215.3(a)(1); 8
Eff. July 1, 1998.1998; 9
Amended eff. . 10
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12
13
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15A NCAC 02D .1702 is proposed for amendment as follows: 1
2
15A NCAC 02D .1702 APPLICABILITY 3
(a) This Section applies to each existing MSW landfill that accepted waste since November 8, 1987 and that4
commenced construction, reconstruction, or modification on or before July 17, 2014. All existing MSW landfills that 5
meet the following conditions are subject to this Section: 6
(1) The landfill has accepted waste at any time since November 8, 1987, or has additional permitted7
capacity available for future waste deposition and has not been documented as being permanently8
closed; and9
(2) The landfill was in operation, or construction, reconstruction, or modification was commenced10
before May 30, 1991.11
(b) Physical or operational changes made to an existing MSW landfill solely to comply with an emission standard12
pursuant to this Section are not considered a modification or reconstruction, and do not subject an existing MSW 13
landfill to the requirements of 40 CFR Part 60, Subpart WWW Cf or 15A NCAC 2D02D .0524. 14
(c) For purposes of obtaining an operating permit pursuant to Title V of the Clean Air Act, the owner or operator of15
an MSW landfill subject to 40 CFR Part 60, Subpart Cf with a design capacity less than 2.5 million megagrams or 2.5 16
million cubic meters is not subject to the requirement to obtain an operating permit for the landfill pursuant to 40 CFR 17
Part 70 or 71 unless the landfill is otherwise subject to either 40 CFR Part 70 or 71. For purposes of submitting a 18
timely application for an operating permit pursuant to 40 CFR Part 70 or 71, the owner or operator of an MSW landfill 19
subject to 40 CFR Part 60, Subpart Cf with a design capacity greater than or equal to 2.5 million megagrams and 2.5 20
million cubic meters on the effective date of EPA approval of the state’s program pursuant to Section 111(d) of the 21
Clean Air Act, and not otherwise subject to either 40 CFR Part 70 or 71, becomes subject to the requirements of 40 22
CFR 70.5(a)(1)(i) or 40 CFR 71.5(a)(1)(i) within 90 days after the effective date of such Section 111(d) program 23
approval, even if the design capacity report is submitted earlier. 24
(d) When an MSW landfill subject to 40 CFR 60, Subpart Cf is closed as defined in this Section, the owner or operator25
shall no longer be subject to the requirement to maintain an operating permit pursuant to 40 CFR Part 70 or 71 for the 26
landfill if the landfill is not otherwise subject to the requirements of either 40 CFR Part 70 or 71 and if either of the 27
following conditions are met: 28
(1) The landfill was never subject to the requirement to install and operate a gas collection and control29
system pursuant to 40 CFR 60.33f(f); or 30
(2) The landfill meets the conditions for control system removal specified in 40 CFR 60.33f(f).31
(e) When an MSW landfill subject to 40 CFR Part 60, Subpart Cf is in the closed landfill subcategory, the owner or32
operator shall not subject to the reports of 40 CFR Part 60, Subpart Cf, provided the owner or operator submitted these 33
reports pursuant to the provisions of 40 CFR Part 60, Subpart WWW, 40 CFR Part 62, Subpart GGG, or this Section 34
on or before July 17, 2014, as follows: 35
(1) Initial design capacity report specified in 40 CFR 60.38f(a);36
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(2) Initial or subsequent NMOC emission rate report specified in 40 CFR 60.38f(c), provided that the 1
most recent NMOC emission rate report indicated the NMOC emissions were below 50 megagrams 2
per year; 3
(3) Collection and control system design plan specified in 40 CFR 60.38f(d);4
(4) Closure report specified in 40 CFR 60.38f(f);5
(5) Equipment removal report specified in 40 CFR 60.38f(g);6
(6) Initial annual report specified in 40 CFR 60.38f(h); and7
(7) Initial performance test report in 40 CFR 60.38f(i).8
9
History Note: Authority G.S. 143-213; 143-215.3(a)(1); 143-215.107(a)(5),(10); 10
Eff. July 1, 1998.1998; 11
Amended Eff. . 12
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15
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15A NCAC 02D .1703 is proposed for amendment as follows: 1
2
15A NCAC 02D .1703 EMISSION STANDARDS 3
(a) Any MSW landfill subject to this Section and having a design capacity greater than or equal to 2.5 million4
megagrams by mass and 2.5 million cubic meters by volume shall be required to collect and control MSW landfill 5
emissions if meeting the following two conditions shall meet the gas collection and control requirements of Paragraph 6
(b) of this Rule: apply:7
(1) The landfill has a design capacity greater than or equal to 2.75 million tons and 2.5 million cubic8
meters. The owner or operator of the landfill may calculate the design capacity in either tons or9
cubic meters for comparison with the exemption values. Any density conversion shall be10
documented and submitted along with the initial reporting requirements of Rule .1708(a) of this11
Section; and The landfill has accepted waste at any time since November 8, 1987, or has additional12
design capacity available for future waste deposition;13
(2) The landfill has a non-methane organic compound (NMOC) emission rate of 55 tons per year or14
more. The NMOC emission rate shall be calculated by following the procedures outlined in 40 CFR15
60.754. The landfill commenced construction, reconstruction, or modification on or before July 17,16
2014;17
(3) The landfill has an NMOC emission rate greater than or equal to 34 megagrams per year or Tier 418
surface emissions monitoring shows a surface emission concentration of 500 parts per million 19
methane or greater, and 20
(4) The landfill is in the closed landfill subcategory and has an NMOC emission rate greater than or21
equal to 50 megagrams per year or Tier 4 surface emissions monitoring shows a surface emission 22
concentration of 500 parts per million methane or greater. 23
(b) Each owner or operator of a MSW landfill meeting the conditions of Paragraph (a) of this Rule shall:24
(1) submit to the Director a site-specific design plan for the gas collection and control system that meets25
the requirements of 40 CFR 60.752(b)(2)(i);26
(2) install a gas collection system that meets the requirements of 40 CFR 60.752(b)(2)(ii); and27
(3) control the collected emissions of MSW landfill gas through the use of one or more of the following28
control devices:29
(A) An open flare designed and operated in accordance with the parameters established in 4030
CFR 60.18;31
(B) A control system designed and operated to reduce NMOC by 98 weight percent; or32
(C) An enclosed combustor designed and operated to reduce the outlet NMOC concentration33
to 20 parts per million as hexane by volume, on a dry basis at three percent oxygen, or less.34
(1) Install and start up a collection and control system that captures the gas generated within the landfill35
within 30 months after: 36
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(A)the first annual report in which the NMOC emission rate equals or exceeds 34 megagrams 1
per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is 2
less than 34 megagrams per year, as specified in 40 CFR 60.38f(d)(4); or 3
(B) the first annual NMOC emission rate report for a landfill in the closed landfill subcategory4
in which the NMOC emission rate equals or exceeds 50 megagrams per year, unless Tier 5
2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 50 megagrams 6
per year, as specified in 40 CFR 60.38f(d)(4); or 7
(C) the most recent NMOC emission rate report in which the NMOC emission rate equals or8
exceeds 34 megagrams per year based on Tier 2, if the Tier 4 surface emissions monitoring 9
shows a surface methane emission concentration of 500 parts per million methane or 10
greater as specified in 40 CFR 60.38f(d)(4)(iii); 11
(2) An active collection system shall:12
(A) be designed to handle the maximum expected gas flow rate from the entire area of the13
landfill that warrants control over the intended use period of the gas control system 14
equipment; 15
(B) collect gas from each area, cell, or group of cells in the landfill in which the initial solid16
waste has been placed for a period of five years or more if active; or two years or more if 17
closed or at final grade; 18
(C) collect gas at a sufficient extraction rate; and19
(D) be designed to minimize off-site migration of subsurface gas;20
(3) A passive collection system shall:21
(A) comply with the provisions specified in Parts (b)(2)(A), (B), and (D) of this Rule; and22
(B) be installed with liners on the bottom and all sides in all areas in which gas is to be23
collected. The liners shall be installed as required under 40 CFR 258.40. 24
(c) The gas collection and control system required under Paragraph (b) of this Rule may be capped or removed25
provided that all the conditions of 40 CFR 60.752(b)(2)(v)(A), (B) and (C) are met. 26
(c) Each owner or operator of a MSW landfill meeting the conditions of Paragraph (a) of this Rule shall control the27
gas collected from within the landfill through the use of control devices meeting the following requirements, except 28
as provided in 40 CFR 60.24: 29
(1) A non-enclosed flare designed and operated in accordance with the parameters established in 4030
CFR 60.18 except as noted in 40 CFR 60.37f(d); or 31
(2) A control system designed and operated to reduce NMOC by 98 weight percent; or when an enclosed 32
combustion device is used for control, to either reduce NMOC by 98 weight percent or reduce the 33
outlet NMOC concentration to less than 20 parts per million by volume, dry basis as hexane at 3 34
percent oxygen or less. The reduction efficiency or concentration in parts per million by volume 35
shall be established by an initial performance test to be completed no later than 180 days after the 36
initial startup of the approved control system using the test methods specified in 40 CFR 60.35f(d). 37
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The performance test is not required for boilers and process heaters with design heat input capacities 1
equal to or greater than 44 megawatts that burn landfill gas for compliance with this Rule. 2
(A) If a boiler or process heater is used as the control device, the landfill gas stream shall be3
introduced into the flame zone; 4
(B) The control device shall be operated within the parameter ranges established during the5
initial or most recent performance test. The operating parameters to be monitored shall be 6
specified in 40 CFR 60.37f; 7
(C) For the closed landfill subcategory, the initial or most recent performance test conducted8
to comply with 40 CFR Part 60, Subpart WWW; 40 CFR Part 62, Subpart GGG; or 40 9
CFR Part 60, Subpart Cc on or before July 17, 2014; shall be sufficient for compliance 10
with this 40 CFR Part, Subpart Cf; 11
(3) Route the collected gas to a treatment system that processes the collected gas for subsequent sale or12
beneficial use such as fuel for combustion, production of vehicle fuel, production of high-Btu gas 13
for pipeline injection, or use as a raw material in a chemical manufacturing process. Venting of 14
treated landfill gas to the ambient air is not allowed. If the treated landfill gas cannot be routed for 15
subsequent sale or beneficial use, then the treated landfill gas shall be controlled pursuant to either 16
Paragraph (c)(1) or (2) of this Rule; 17
(4) All emissions from any atmospheric vent from the gas treatment system are subject to the18
requirements of Paragraph (b) or (c) of this Rule. For purposes of this subpart, atmospheric vents 19
located on the condensate storage tank are not part of the treatment system and are exempt from the 20
requirements of Paragraph (b) or (c) of this Rule. 21
(d) Each owner or operator of a MSW landfill having a design capacity less than 2.5 million megagrams by mass or22
2.5 million cubic meters by volume shall submit an initial design capacity report to the Division as provided in 40 23
CFR 60.38f(a). The landfill may calculate design capacity in either megagrams or cubic meters for comparison with 24
the exemption values. Any density conversions shall be documented and submitted with the report. Submittal of the 25
initial design capacity report fulfills the requirements of this Rule, except as provided in Paragraphs (d)(1) and (2) of 26
this Rule, as follows: 27
(1) The owner or operator shall submit an amended design capacity report as provided in 40 CFR28
60.38f(b). If the design capacity increase is the result of a modification, as defined in 15A NCAC 29
02D .1701, that was commenced after July 17, 2014, then the landfill becomes subject to 40 CFR 30
Part 60 Subpart XXX instead of 40 CFR Part 60 Subpart Cf. If the design capacity increase is the 31
result of a change in operating practices, density, or some other change that is not a modification as 32
defined in this subpart, then the landfill remains subject to subpart Cf; and 33
(2) When an increase in the maximum design capacity of a landfill with an initial design capacity less34
than 2.5 million megagrams or 2.5 million cubic meters results in a revised maximum design 35
capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, the owner or 36
operator shall comply with Paragraph (e) of this Rule. 37
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(e) Each owner or operator of an MSW landfill having a design capacity equal to or greater than 2.5 million 1
megagrams and 2.5 million cubic meters shall either install a collection and control system as provided in Paragraphs 2
(b) and (c) of this Rule or calculate an initial NMOC emission rate for the landfill using the procedures specified in3
40 CFR 60.35f(a). The NMOC emission rate shall be recalculated annually, except as provided in 40 CFR 60.38f(c)(3), 4
as follows: 5
(1) If the calculated NMOC emission rate is less than 34 megagrams per year, the owner or operator6
shall submit an annual NMOC emission rate report according to 40 CFR 60.38f(c), and recalculate 7
the NMOC emission rate annually using the procedures specified in 40 CFR 60.35f(a) until such 8
time as the calculated NMOC emission rate is equal to or greater than 34 megagrams per year, or 9
the landfill is closed. This annual NMOC emission rate reporting requirement shall not apply to the 10
facilities that elected to submit their reports as provided in 40 CFR 60.38f(c)(3): 11
(A) if the calculated NMOC emission rate, upon initial calculation or annual recalculation12
required in Paragraph (e)(1) of this Rule, is equal to or greater than 34 megagrams per year, 13
the owner or operator shall either: Comply with Paragraphs (b) and (c) of this Rule; 14
calculate NMOC emissions using the next higher tier in 40 CFR 60.35f; or conduct a 15
surface emission monitoring demonstration using the procedures specified in 40 CFR 16
60.35f(a)(6); 17
(B) if the landfill is permanently closed, a closure report shall be submitted to the Division as18
provided in 40 CFR 60.38f(f), except for exemption allowed pursuant to 40 CFR 19
60.31f(e)(4); and 20
(C) for the closed landfill subcategory, if the most recently calculated NMOC emission rate is21
equal to or greater than 50 megagrams per year, the owner or operator shall either: submit 22
a gas collection and control system design plan as specified in 40 CFR 60.38f(d), except 23
for exemptions allowed pursuant to 40 CFR 60.31f(e)(3), and install a collection and 24
control system as provided in Paragraphs (b) and (c) of this Rule; calculate NMOC 25
emissions using the next higher tier in 40 CFR 60.35f; or conduct a surface emission 26
monitoring demonstration using the procedures specified in 40 CFR 60.35f(a)(6); 27
(2) If the calculated NMOC emission rate is equal to or greater than 34 megagrams per year using Tier28
1, 2, or 3 procedures, the owner or operator shall either: submit a collection and control system 29
design plan prepared by a professional engineer to the Division within 1 year as specified in 40 CFR 30
60.38f(d), except for exemptions allowed under § 60.31f(e)(3); calculate NMOC emissions using a 31
higher tier in 40 CFR 60.35f; or conduct a surface emission monitoring demonstration using the 32
procedures specified in 40 CFR 60.35f(a)(6); and 33
(3) For the closed landfill subcategory, if the calculated NMOC emission rate is equal to or greater than34
50 megagrams per year using Tier 1, 2, or 3 procedures, the owner or operator shall either: submit 35
a collection and control system design plan as specified in 40 CFR 60.38f(d), except for exemptions 36
allowed pursuant to 40 CFR 60.31f(e)(3); calculate NMOC emissions using a higher tier in 40 CFR 37
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60.35f; or conduct a surface emission monitoring demonstration using the procedures specified in 1
40 CFR 60.35f(a)(6). 2
(f) The collection and control system may be capped, removed, or decommissioned if the following criteria are met:3
(1) The landfill is a closed landfill as defined in 40 CFR 60.41f. A closure report shall be submitted to4
the Division as provided in 15A NCAC 02D .1708(f); 5
(2) The collection and control system has been in operation a minimum of 15 years or the landfill owner6
or operator demonstrates that the GCCS will be unable to operate for 15 years due to declining gas 7
flow; 8
(3) Following the procedures specified in 40 CFR 60.35f(b), the calculated NMOC emission rate at the9
landfill is less than 34 megagrams per year on three successive test dates. The test dates shall be no 10
less than 90 days apart, and no more than 180 days apart; and 11
(4) For the closed landfill subcategory as defined in 40 CFR 60.41, following the procedures specified12
in 40 CFR 60.35f(b), the calculated NMOC emission rate at the landfill is less than 50 megagrams 13
per year on three successive test dates. The test dates shall be no less than 90 days apart, and no 14
more than 180 days apart. 15
16
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10); 17
Eff. July 1, 1998; 18
Amended Eff. July 1, 2000. 19
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15A NCAC 02D .1704 is proposed for amendment as follows: 1
2
15A NCAC 02D .1704 TEST METHODS AND PROCEDURES 3
The MSW landfill NMOC emission rate shall be calculated calculated, or a surface emission monitoring demonstration 4
be conducted, by following the procedures in 40 CFR 60.754, 60.35f, as applicable, in order to determine whether the 5
landfill meets the conditions of Rule .1703(a)(2) of this Section. 15A NCAC 02D .1703(a)(3) or (4). 6
7
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5),(10); 8
Eff. July 1, 1998.1998; 9
Amended eff. . 10
11
12
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15A NCAC 02D .1705 is proposed for amendment as follows: 1
2
15A NCAC 02D .1705 OPERATIONAL STANDARDS 3
The owner and operator of a MSW landfill required to install a landfill gas collection and control system to comply 4
with Rule .1703(b) of this Section 15A NCAC 02D .1703(b) and (c) shall: 5
(1) operate the collection system in accordance with 40 CFR 60.753(a); such that gas is collected from6
each area, cell, or group of cells in the MSW landfill in which solid waste has been in place for:7
(a) five years or more if active; or8
(b) two years or more if closed or at final grade;9
(2) operate the collection system with negative pressure at each wellhead in accordance with 40 CFR10
60.753(b); except under the following conditions:11
(a) a fire or increased well temperature. The owner or operator shall record instances when12
positive pressure occurs in efforts to avoid a fire. These records shall be submitted with the 13
annual reports as provided in 40 CFR 60.38f(h)(1); 14
(b) use of a geomembrane or synthetic cover. The owner or operator shall develop acceptable15
pressure limits in the design plan; and 16
(c) a decommissioned well. A well may experience a static positive pressure after shut down17
to accommodate for declining flows. All design changes shall be approved by the Division 18
as specified in 40 CFR 60.38f(d); 19
(3) operate each interior wellhead in the collection system in accordance with 40 CFR 60.753(c); with20
a landfill gas temperature less than 55 degrees Celsius (131 degrees Fahrenheit). The owner or21
operator may establish a higher operating temperature value at a particular well. A higher operating22
value demonstration shall be submitted to the Division for approval and shall include supporting23
data demonstrating that the elevated parameter neither causes fires nor significantly inhibits24
anaerobic decomposition by killing methanogens. The demonstration shall satisfy both criteria listed25
above in order to be approved;26
(4) operate the collection system so that the methane concentration is less than 500 parts per million27
above background at the surface of the landfill. To determine if this level is exceeded, the owner28
and operator shall follow the procedures given in 40 CFR 60.753(d); shall conduct surface testing29
using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the30
specifications provided in 40 CFR 60.36f(d). The owner or operator shall conduct surface testing31
around the perimeter of the collection area and along a pattern that traverses the landfill at no more32
than 30-meter intervals and where visual observations indicate elevated concentrations of landfill33
gas, such as distressed vegetation and cracks or seeps in the cover and all cover penetrations. Thus,34
the owner or operator shall monitor any openings that are within an area of the landfill where waste35
has been placed and a gas collection system is required. The owner or operator may establish an36
alternative traversing pattern that ensures equivalent coverage. A surface monitoring design plan37
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shall be developed that includes a topographical map with the monitoring route and the rationale for 1
any site-specific deviations from the 30-meter intervals. Areas with steep slopes or other dangerous 2
areas may be excluded from the surface testing; 3
(5) operate the collection system such that all collected gases are vented to a control system designed4
and operated in compliance with Rule .1703(b)(3) of this Section. 40 CFR 60.33f(c). In the event5
that If the gas collection and control system is inoperable, measures shall be taken as outlined in 406
CFR 60.753(e); not operating, the gas mover system shall be shut down and all valves in the7
collection and control system contributing to venting of the gas to the atmosphere shall be closed8
within one hour of the collection or control system not operating;9
(6) operate the control system at all times when the collected gas is routed to the control system; and10
(7) take corrective action as specified in 40 CFR 60.755(c) if monitoring demonstrates that the operation 11
standards and requirements of Items (2), (3), and (4) of this Rule are not met. If the required12
corrective actions are taken, the emissions monitored shall not be considered a violation of the13
operational standards of this Rule. if monitoring demonstrates that the operational requirements in14
Paragraph (2), (3), or (4) of this Rule are not met, corrective action shall be taken as specified in 4015
CFR 60.36f(a)(3) and (a)(5) or (c). If corrective actions are taken as specified in 40 CFR 60.36f, the16
monitored exceedance shall not be a violation of the operational requirements in this Rule.17
18
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10); 19
Eff. July 1, 1998.1998; 20
Amended . 21
22
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15A NCAC 02D .1706 is proposed for amendment as follows: 1
2
15A NCAC 02D .1706 COMPLIANCE PROVISIONS 3
(a) Compliance with Rule .1703(b) of this Section15A NCAC 02D .1703(b) shall be determined using the gas4
collection system compliance provisions of 40 CFR 60.755(a).60.36f(a) 5
(b) Compliance with Rule .1705(1) of this Section15A NCAC 02D .1705(1) shall be determined using the controlled6
landfill gas well and design component provisions of 40 CFR 60.755(b).60.36f(b). 7
(c) Compliance with the surface methane operational standards of Rule .1705(4) of this Section15A NCAC 02D8
.1705(4) shall be achieved using the procedures of 40 CFR 60.755(c) and (d).60.36f(c). 9
(d) To comply with the provisions in Paragraph (c) of this Rule or 40 CFR 60.35f(a)(6), the owner or operator shall10
comply with the instrumentation specifications and procedures for surface emission monitoring devices provisions of 11
40 CFR 60.36f(d). 12
(d)(e) The provisions of this Rule apply at all times,apply, except during periods of start-up, shutdown, or malfunction, 13
malfunction. provided that the duration of start-up, shutdown, or malfunction shall not exceed five days for collection 14
systems and shall not exceed one hour for treatment or control devices. During periods of startup, shutdown, and 15
malfunction, the owner or operator shall comply with the work practice specified in 40 CFR 60.34f(e) in lieu of the 16
compliance provisions in 40 CFR 60.36f. 17
(f) Compliance with the specifications for active collection systems in 15A NCAC 02D .1703(b) shall be achieved18
using the provisions of 40 CFR 60.40f(a) and (b). 19
(g) Compliance with the specifications for active collection systems in 15A NCAC 02D .1703(c) shall be achieved20
using the provisions of 40 CFR 60.40f(c). 21
22
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5),(10); 23
Eff. July 1, 1998.1998; 24
Amended eff. . 25
26
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15A NCAC 02D .1707 is proposed for amendment as follows: 1
2
15A NCAC 02D .1707 MONITORING PROVISIONS 3
(a) The owner or operator of a MSW landfill who is required to comply with Rule .1703(b)(2) of this Section15A4
NCAC 02D .1703(b) for an active gas collection system shall perform the monitoring requirements as outlined in 40 5
CFR 60.756(a).60.37f(a). 6
(b) The owner or operator of an MSW landfill seeking to comply with the provisions of Rule .1703(b)(3)(C) of this7
Section15A NCAC 02D .1703(c) using an enclosed combustor shall perform the monitoring requirements as outlined 8
in 40 CFR 60.756(b).60.37f(b). 9
(c) The owner or operator of an MSW landfill seeking to comply with the provisions of Rule .1703(b)(3)(A) of this10
Section15A NCAC 02D .1703(c) using an opena non-enclosed flare shall perform the monitoring requirements as 11
outlined in 40 CFR 60.756(c).60.37f(d). 12
(d) The owner or operator of an MSW landfill seeking to comply with the provisions of Rule .1703(b)(3) of this13
Section15A NCAC 02D .1703(c) using a device other than an opena non-enclosed flare orflare, an enclosed combustor 14
or a treatment system shall comply with the provisions of 40 CFR 60.756(d).60.37f(d). 15
(e) The owner or operator of an MSW landfill seeking to comply with the provisions of Rule .1703(b)(3)(B) of this16
Section15A NCAC 02D .1703(b)(2) using an activeby installing a collection system that does not meet the 17
specifications of 40 CFR 60.40f, or seeking to monitor alternative parameters to those required by Rule .170415A 18
NCAC .1704 through .1707 of this Section 15A NCAC 02D .1707, shall comply with the provisions of 40 CFR 19
60.756(e).60.37f(e). 20
(f) The owner or operator of an MSW landfill seeking to comply with the provisions of Rule .1706(c) of this21
Section15A NCAC 02D .1705(4) for demonstrating compliance with the 500 parts per million surface methane 22
operational standard shall do so in accordance with 40 CFR 60.756(f).60.37f(f). 23
(g) The owner or operator of an MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(c)24
shall do so in accordance with the provisions of 40 CFR 60. 37f(g). 25
(h) The monitoring requirements of Paragraphs (b), (c), (d), and (g) of this Rule apply at all times the affected source26
is operating, except for periods of monitoring system malfunctions, repairs associated with the monitoring system 27
malfunctions, and required monitoring system quality assurance or quality control activities. A monitoring system 28
malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid 29
data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not 30
malfunctions. Monitoring system repairs to return the monitoring system to operation in response to malfunctions 31
shall be completed as expeditiously as practicable. 32
33
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5),(10); 34
Eff. July 1, 1998.1998; 35
Amended eff. . 36
37
Agenda Item 4
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15A NCAC 02D .1708 is proposed for amendment as follows: 1
2
15A NCAC 02D .1708 REPORTING REQUIREMENTS 3
(a) The owner or operator of a an existing MSW landfill subject to this Rule according to Rule .1702 of this Section4
subject to 15A NCAC 02D .1702 shall submit an initial design capacity report to the Director in accordance with the 5
following: 6
(1) The initial design capacity report shall fulfill the requirements of the notification of the date7
construction is commenced as required under 40 CFR 60.7(a)(1) and shall be submitted no later than8
the earliest of the day from the dates given in 40 CFR 60.757(a)(1)(i) through 40 CFR9
60.757(a)(1)(iii); be submitted no later than 90 days after the effective date of EPA approval of the10
state plan under Section 111(d) of the Clean Air Act;11
(2) The initial design capacity report shall contain the information given in 40 CFR12
60.757(a)(2)(i)60.38f(a)(1) and 40 CFR 60.757(a)(2)(ii); and60.38f(a)(2) as follows:13
(A) a map or plot of the landfill, providing the size and location of the landfill, and identifying14
all areas where solid waste may be landfilled according to the permit issued by the state, 15
local, or tribal agency responsible for regulating the landfill; and 16
(B) the maximum design capacity of the landfill as given in 40 CFR 60.38f(a)(2).17
(3) An amended design capacity report shall be submitted to the Director in accordance with 40 CFR18
60.757(a)(3) whenever an increase in the design capacity of the landfill results in the design capacity 19
of the landfill to exceed 2.5 million cubic meters and 2.75 million tons.20
(b) The owner or operator of an existing MSW landfill subject to this Section shall submit an amended design capacity21
report providing notification of an increase in the design capacity of the landfill, within 90 days of an increase in the 22
maximum design capacity of the landfill to meet or exceed 2.5 million megagrams and 2.5 million cubic meters. An 23
increase in design capacity may result from an increase in the permitted volume of the landfill or an increase in the 24
density as documented in the annual recalculation required in 15A NCAC 02D .1709(j). 25
(b)(c) The owner or operator of a an existing MSW landfill subject to this Section shall submit a NMOC emission 26
report to the Director initiallyno later than 90 days after the effective date of EPA approval of the state plan under 27
Section 111(d) of the Clean Air Act and annually thereafter, except as provided for in 40 CFR 28
60.757(b)(1)(ii)60.38f(c)(3). or (b)(3). The initial NMOC emission rate report shall be submitted within 90 days of 29
the day waste acceptance commences and may be combined with the initial design capacity report required in 30
Paragraph (a) of this Section. The NMOC emission rate report shall: 31
(1) the NMOC emission rate report shall contain an annual or five-year estimate of the NMOC emission32
rate calculated using the formula and procedures provided in 40 CFR 60.754(a) or (b),60.35f(a) or33
(b), as applicable; and34
(2) the NMOC emission rate report shall include all the data, calculations, sample reports and35
measurements used to estimate the annual or five-year emissions.emissions; and36
37
Agenda Item 4
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(3) if the estimated NMOC emission rate as reported in the annual report is less than 34 megegrams per 1
year in each of the next five consecutive years, the owner or operator may elect to submit an estimate 2
of the NMOC emission rate for the next five-year period in lieu of the annual report. This estimate 3
shall include the current amount of solid waste-in-place and the estimate waste acceptance rate for 4
each year of the five years for which an NMOC emission rate is estimated. All data and calculations 5
shall be provided. This estimate shall be revised at least once every five years. If the actual waste 6
acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five-year 7
estimate, a revised five-year estimate shall be submitted. The revised estimate shall cover the five-8
year period beginning with the year in which the actual waste acceptance rate exceeded the estimated 9
waste acceptance rate. 10
(4) each owner and operator subject to the requirements of this Rule shall be exempted from the11
requirements to submit an NMOC emission rate report, after installing a compliant collection and 12
control system, during such time as the collection and control system is in operation and in 13
compliance with 15A NCAC .1705 and .1706. 14
(c)(d) The owner or operator of a an existing MSW landfill subject to Rule .1703(b) of this Section15A NCAC 02D 15
.1703(b) shall submit a collection and control system design plan to the Director within one year of the first NMOC 16
emission rate report, required under Paragraph (b)(c) of this Rule, in which the emission rate equals or exceeds 55 17
tons34 megagrams per year, except as provided for in 40 CFR 60.757(c)(1) and (c)(2).60.38f(d)(4). The collection 18
and control system design plan shall include: 19
(1) a description of the collection and control system;20
(2) a description of any alternatives to the operational standards, test methods, procedures, compliance21
measures, monitoring, recordkeeping, or reporting provisions provided in this Rule; and 22
(3) a description indicating how the plan conforms to specifications for active collection systems or23
provide a demonstration of sufficient alternative provisions as given in 40 CFR 60.40f. 24
(e) The owner or operator of an existing MSW landfill who has already submitted a design plan pursuant to Paragraph25
(d) of this Rule, pursuant to 40 CFR Part 60, Subpart WWW, or a state plan implementing 40 CFR Part 60, Subpart26
Cc, shall submit a revised design plan to the Director for approval as follows: 27
(1) at least 90 days before expanding operations to an area no covered by the previously approved28
design plan; and 29
(2) prior to installing or expanding the gas collection system in a way that is not consistent with the30
design plan that was submitted to the Director in Paragraph (d) of this Rule. 31
(d)(f) The owner or operator of a controlled landfill shall submit a closure report to the Director within 30 days of 32
cessation of waste acceptance. If a closure report has been submitted to the Director, no additional waste shall be 33
placed into the landfill without first filing a notification of modification as described under pursuant to 40 CFR 34
60.7(a)(4). The Director may request such additional information as may be necessary to verify that permanent closure 35
of the MSW landfill has taken place in accordance with pursuant to the requirements of 40 CFR 258.60. 36
Agenda Item 4
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(e)(g) The owner or operator of a controlled MSW landfill shall submit an equipment removal report 30 days prior to 1
removal or cessation of operation of the control equipment according to Rule .1703(c) of this Section.pursuant to 15A 2
NCAC 02D .1703(f). The report shall contain the items listed in 40 CFR 60.757(e)(1).60.38f(g). The Director may 3
request such additional information as may be reasonably necessary to verify that all the conditions for removal in 40 4
CFR 60.752(b)(2)(v)60.33f(f) have been met. 5
(f)(h) The owner or operator of a MSW landfill seeking to comply with Rule .1703(b)(2) of this Section15A NCAC 6
02D .1703(b)(2) using an active collection system designed in accordance with 40 CFR 60.752(b)(2)(ii)60.33f(b) shall 7
submit annual reports of the recorded information in 40 CFR 60.757(f)(1)60.38f(h)(1) through (f)(6).(h)(7) The initial 8
annual report shall be submitted within 180 days of installation and start-up of the collection and control system, and 9
shall include the initial performance test report required under 40 CFR 60.8. 10
(g) The owner or operator of a MSW landfill seeking to comply with Rule .1703(b)(3) of this Section using an11
enclosed combustion device or flare shall report the excess as defined in 40 CFR 60.758(c)(1). 12
(h)(i) The owner or operator of a an existing MSW landfill required to comply with Rule .1703(b)(1) of this Section 13
15A NCAC 02D .1703(b)(1) shall include the information given in 40 CFR 60.757(g)(1)60.38f(i)(1) through 14
(g)(6)(i)(6) with the initial performance test report required under pursuant to 40 CFR 60.8. 15
(j) The owner or operator of an existing MSW landfill shall submit a report within 60 days after the date of completing16
each performance test. This report may be submitted as a hard copy or electronically as applicable. 17
(k) The owner or operator of an existing MSW landfill required to implement correction active, shall submit reports18
to the Director pursuant to 40 CFR 60.38f(k)(1) and (k)(2). 19
(l) The owner or operator of an affected landfill with a design capacity equal to or greater than 2.5 million megagrams20
and 2.5 million cubic meters that has employed leachate recirculation or added liquids based on a Research, 21
Development, and Demonstration permit within the last 10 years shall submit an annual report to the Director that 22
includes the information pursuant to 40 CFR 60.38f(l)(1) through (l)(10). 23
(m) The owner or operator of an affected landfill with a design capacity equal to or greater than 2.5 million megagrams24
and 2.5 million cubic meters that intends to demonstrate site-specific surface methane emissions are below 500 parts 25
per million methane, based on Tier 4 provisions of 40 CFR 60.35f(a)(6), shall provide notifications to the Director in 26
accordance with 40 CFR 60.38f(m)(1) and (m)(2). 27
28
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5),(10); 29
Eff. July 1, 1998; 30
Amended Eff. , July 1, 2000. 31
32
33
Agenda Item 4
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15A NCAC 02D .1709 is proposed for amendment as follows: 1
2
15A NCAC 02D .1709 RECORDKEEPING REQUIREMENTS 3
(a) The owner or operator of a MSW landfill subject to this Section and having a maximum design capacity equal to4
or greater than 2.5 million cubic meters and 2.75 million tons shall keep on-site on-site, readily accessible, for at least 5
five years records of the information listed in 40 CFR 60.758(a). a copy of the design capacity report that triggered 40 6
CFR 60.33f(e), the current amount of solid waste in-place, and the year-by-year waste acceptance rate. Off-site 7
records may be maintained if they are retrievable within four hours. Either paper copy or electronic formats of the 8
records shall be acceptable. 9
(b) The owner or operator of a controlled landfill shall keep up-to-date, readily accessible records for the life of the10
control equipment of the data listed in 40 CFR 60.757(b)(1)60.39f(b)(1) through (b)(4)(b)(5) as measured during the 11
initial performance test or compliance determination. Records of subsequent tests or monitoring shall be maintained 12
for a minimum of five years. Records of the control device vendor specifications shall be maintained until removal. 13
(c) Each owner or operator of a controlled MSW landfill subject to this Section shall keep for five years up-to-date,14
readily accessible continuous records of the equipment operating parameters specified to be monitored in Rule .1707 15
of this Section15A NCAC 02D .1707 and records for periods of operation during which the parameter boundaries 16
established during the most recent performance test are exceeded. The parameter boundaries considered in excess of 17
those established during the performance test are defined in 40 CFR 60.757(c)(1)(i)60.39f(c)(1)(i) and (ii) and are also 18
required to be reported under Rule .1708(g) of this Section.pursuant to 15A NCAC 02D .1708(j). 19
(d) The owner or operator of a MSW landfill subject to this Section shall keep up-to-date, readily accessible20
continuous records of the indication of flow to the control system and the indication of bypass flow or records of 21
monthly inspections of car-seals or lock-and-key configuration used to seal bypass lines as specified in 40 CFR 60.37f. 22
(e) The owner or operator of a MSW landfill subject to this Section who uses a boiler or process heater with a design23
heat input capacity of 44 megawatts or greater to comply with 40 CFR 60.33f(c) shall keep an up-to-date, readily 24
accessible record of all periods of operation of the boiler or process heater. 25
(f) The owner or operator of a MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(c) by26
use of a non-enclosed flare shall keep up-to-date, readily accessible records of all periods of operation in which the 27
flame or flare pilot flame is absent. 28
(g) The owner or operator of a MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(b)(2)29
using an active collection system designed pursuant to 40 CFR 60.33f(b) shall keep records of periods of when the 30
collection system or control device is not operating. 31
(d)(h) The owner or operator of a MSW landfill subject to Rule .1703(b) of this Section15A NCAC 02D .1703(b) 32
shall keep for the life of the collection system an up-to-date, readily accessible plot map showing existing and planned 33
collectors in the system and provide unique identification location labels for each collector. Records of newly installed 34
collectors shall be maintained in accordance with pursuant to 40 CFR 60.758(d)(1)60.36f(b) and documentation of 35
asbestos-containing or nondegradable waste excluded from collection shall be kept in accordance with pursuant to 40 36
Agenda Item 4
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CFR 60.758(d)(2).60.40f(a)(3)(i) and records of any nonproductive areas excluded from collection shall be kept 1
pursuant to 40 CFR 60.40f(a)(3)(ii). 2
(e)(i) The owner or operator of a MSW landfill subject to Rule .1703(b) of this Section15A NCAC 02D .1703(b) 3
shall keep for at least five years records of emissions from the collection and control system exceeding the emission 4
standards in accordance with 40 CFR 60.758(e). up-to-date readily accessible records of the following: 5
(1) records of emissions from the collection and control system exceeding the operational standards6
pursuant to 40 CFR 60.34f, including the reading in the subsequent month whether or not the second 7
reading is an exceedance, and the location of each exceedance; 8
(2) records of each wellhead temperature monitoring value of 55 degrees Celsius (131 degrees9
Fahrenheit) or above, each well head nitrogen level at or above 20 percent, and each wellhead 10
oxygen level at or above five percent; and 11
(3) records for any root cause analysis as provided in 40 CFR 60.39f(e)(3) or (e)(5).12
(f) The owner or operator of MSW landfill subject to Rule .1703(b) of this Section shall keep up-to-date, readily13
accessible continuous records of the indication of flow to the control device or the indication of bypass flow or records 14
of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines, specified under 40 CFR 15
60.756. 16
(g) The owner or operator of MSW landfill subject to Rule .1703(b) of this Section who uses a boiler or process heater17
with a design heat input capacity of 44 megawatts or greater to comply with 40 CFR 60.752(b)(2)(iii) shall keep an 18
up-to-date, readily accessible record of all periods of operation of the boiler or process heater. 19
(h) The owner or operator of MSW landfill seeking to comply with the provisions of Rule .1703(b) of this Section by20
use of an open flare shall keep up-to-date, readily accessible continuous records of the flame or flare pilot flame 21
monitoring specified under 40 CFR 60 .756(c), and up-to-date, readily accessible records of all periods of operation 22
in which the flame or flare pilot flame in absent. 23
(j) The owner or operator of a MSW landfill who converts design capacity from volume to mass or mass to volume24
to demonstrate that landfill design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, as provided 25
in the definition of “design capacity”, shall keep readily accessible, on-site records of the annual recalculation of site-26
specific density, design capacity, and the supporting documentation. Off-site records may be maintained if they are 27
retrievable within four hours. Either paper copy or electronic formats are acceptable. 28
(k) The owner or operator of a MSW landfill seeking to demonstrate that site-specific surface methane emissions are29
below 500 parts per million by conducting surface emissions monitoring under the Tier 4 procedures shall follow the 30
recordkeeping provisions provided in 40 CFR 39f(g). 31
(l) The owner or operator of a MSW landfill subject to the provisions of this Section shall keep for at least five years32
up-to-date, readily accessible records of all collection and control system monitoring data for the parameters measured 33
in 40 CFR 60.37f(a)(1) through (a)(3). 34
(m) The owner or operator of a MSW landfill reporting leachate or other liquids addition pursuant to 15A NCAC35
02D .1708(k) shall keep records of any engineering calculations or company records used to estimate the quantities 36
Agenda Item 4
18 of 20
or leachate or liquids added, the surface areas for which the leachate or liquids were applied, and the estimates of 1
annual waste acceptance or total waste in place in the areas where leachate or liquids were applied. 2
3
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4),(5),(10); 4
Eff. July 1, 1998; 5
Amended Eff. , July 1, 2000. 6
7
8
Agenda Item 4
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15A NCAC 02D .1710 is proposed for amendment as follows: 1
2
15A NCAC 02D .1710 COMPLIANCE SCHEDULES 3
(a) Except as provided for in Paragraph (b) of this Rule, the schedule for compliance with the requirements of this4
Section shall meet the following deadlines: 5
(1) Each existing MSW landfill subject to this Section according to Rule .1702 of this Section and6
exceeding the design capacity limitation of Rule .1703(a)(1) of this Section15A NCAC 02D7
.1703(a) shall submit an application for a permit under pursuant to 15A NCAC 2Q02Q .0500 by8
July 1, 1999. one year from the most recent effective date of this rule.9
(2) Each existing MSW landfill subject to this Section according to Rule .1702 of this Section and10
exceeding the design capacity and NMOC emission rate limitations of Rule .1703(a)(1) and (2) of11
this Section 15A NCAC 02D .1703(a)(1) through (a)(3) shall:12
(A) submit a site-specific design plan for the gas collection and control system to the Director13
by July 1, 1999; and one year from the most recent effective date of this rule unless the14
facility currently has a previously approved gas collection and control system;15
(B) submit a site-specific treatment monitoring plan required in 40 CFR 60.39f(b)(5)(ii) if the16
owner or operator is seeking to demonstrate compliance with the control system 17
requirements in 40 CFR 60.33f(c) using a landfill gas treatment system; and 18
(B)(C) plan, award contracts, and install MSW landfill air emission collection and control system 19
capable of meeting the emission standards established under Rule .1703 of this 20
Sectionpursuant to 15A NCAC 02D .1703 by January 1, 2001. thirty months from the most 21
recent effective date of this rule unless the facility currently has a previously approved gas 22
collection and control system. 23
(b) For each existing MSW landfill subject to this Section as specified in Rule .1702 of this Section15A NCAC 02D24
.1702 and meeting the design capacity condition of Rule .1703(a)(1) of this Section15A NCAC 02D .1703(a) whose 25
NMOC emission rate is less than 55 tons 34 megagrams per year on July 1, 1998,the most recent effective date of this 26
rule, shall: 27
(1) submit a site-specific design plan for the gas collection and control system to the Director within 1228
months of first exceeding the NMOC emission rate of 55 tons 34 megagrams per year;year (5029
megagrams per year for the closed landfill subcategory); and30
(2) plan, award contracts, and install MSW landfill air emission collection and control system capable31
of meeting the emission standards established under Rule .1703 of this Section pursuant to 15A32
NCAC 02D .1703 within 30 months of the date when the conditions in Rule .1703(a)(2) of this33
Section15A NCAC 02D .1703(a)(3) are met.34
35
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5); 36
Eff. July 1, 1998.1998; 37
Amended eff. . 38
Agenda Item 4
20 of 20