Wis. Admin. Code Department of Natural Resources NR 440.75

Current through October 28, 2024

Section NR 440.75 - Municipal solid waste landfills

(1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY.

(a) The provisions of this section apply to each municipal solid waste (MSW) landfill that commenced construction, reconstruction or modification on or after May 30, 1991. Physical or operational changes made to an existing MSW landfill solely to comply with 40 CFR part 60 subpart Cc are not considered construction, reconstruction or modification for the purposes of this section.

(b) Activities required by or conducted pursuant to a remedial action under the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601 to 9675); the Resource, Conservation and Recovery Act (42 USC 6901 to 6992 k) or chs. NR 700 to 750 are not considered construction, reconstruction or modification for purposes of this section.

(2) DEFINITIONS. As used in this section, all terms not defined in this subsection shall have the meanings given in s. NR 440.02 or, for terms not defined in s. NR 440.02, the meanings given in s. NR 400.02. In this section:

(a) "Active collection system" means a gas collection system that uses gas mover equipment.

(b) "Active landfill" means a landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.

(c) "Closed landfill" means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without first filing a notification of modification as prescribed under s. NR 440.07(1) (d). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed.

(d) "Closure" means that point in time when a landfill becomes a closed landfill.

(e) "Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial wastes.

(f) "Controlled landfill" means any landfill at which collection and control systems are required under this section as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled at the time a collection and control system design plan is submitted in compliance with sub. (3) (b) 2. a.

(g) "Design capacity" means the maximum amount of solid waste a landfill can accept, as indicated in terms of volume or mass in the most recent operating license issued under s. 289.31, Stats., by the department, plus any in-place waste not accounted for in the most recent license. If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate its design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, the calculation shall include a site specific density, which shall be recalculated annually.

(h) "Disposal facility" means all contiguous land and structures, other appurtenances and improvements on the land used for the disposal of solid waste.

(i) "Emission rate cutoff" means the threshold annual emission rate to which a landfill compares its estimated emission rate to determine if control under this section is required.

(j) "Enclosed combustor" means an enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air.

(k) "Flare" means an open combustor without enclosure or shroud.

(L) "Gas mover equipment" means the equipment (e.g. a fan, blower or compressor) used to transport landfill gas through the header system.

(m) "Household waste" means any solid waste (including garbage, trash and sanitary waste in septic tanks) derived from households (including but not limited to single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas).

(n) "Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under 40 CFR part 264 or 265 . Industrial solid waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer and agricultural chemicals; food and related products and by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing and foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. Industrial solid waste does not include mining waste or oil and gas waste.

(o) "Interior well" means any well or similar collection component located inside the perimeter of the landfill waste. A perimeter well located outside the landfilled waste is not an interior well.

(p) "Landfill" means an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well or waste pile as those terms are defined under 40 CFR 257.2.

(q) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSW landfill. A lateral expansion is not a modification unless it results in an increase in the design capacity of the landfill.

(r) "Modification" means an increase in the volume design capacity of the landfill allowed by an operating license issued under s. 289.31, Stats., by either horizontal or vertical expansion based on its licensed design capacity as of May 30, 1991. Modification does not occur until the owner or operator commences construction on the horizontal or vertical expansion.

(s) "Municipal solid waste landfill" or "MSW landfill" means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of wastes defined under 40 CFR 257.2 such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.

(t) "Municipal solid waste landfill emissions" or "MSW landfill emissions" means gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the waste.

(u) "NMOC" means nonmethane organic compounds, as measured according to the provisions of sub. (5).

(v) "Nondegradable waste" means any waste that does not decompose through chemical breakdown or microbiological activity. Examples include concrete, municipal waste combustor ash and metals.

(w) "Passive collection system" means a gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment.

(x) "Sludge" means any solid, semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

(y) "Solid waste" means any garbage, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 USC 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy Act, 42 (USC 2011 to 2259).

(ym) "Sufficient density" means any number, spacing and combination of collection system components, including vertical wells, horizontal collectors, and surface collectors necessary to maintain emission and migration control as determined by measures of performance set forth in this section.

(z) "Sufficient extraction rate" means a rate sufficient to maintain a negative pressure at all wellheads in the collection system without causing air infiltration, including any wellheads connected to the system as a result of expansion or excess surface emissions, for the life of the blower.

(3) STANDARDS FOR EMISSIONS FROM MUNICIPAL SOLID WASTE LANDFILLS.

(a) Each owner or operator of an MSW landfill having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume shall submit an initial design capacity report to the department as provided in sub. (8) (a). The landfill owner or operator may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and submitted with the report. Submittal of the initial design capacity report shall fulfill the requirements of this section except as follows:

1. The owner or operator shall submit to the department an amended design capacity report, as provided for in sub. (8) (a) 3.

2. When an increase in the maximum design capacity of a landfill 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 shall comply with the provision of par. (b).

(b) Each owner or operator of an MSW landfill having a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, shall either comply with subd. 2. or calculate an NMOC emission rate for the landfill using the procedures specified in sub. (5). The NMOC emission rate shall be recalculated annually, except as provided in sub. (8) (b) 2. The owner or operator of an MSW landfill subject to this section with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters is subject to ch. NR 407 permitting requirements.

1. If the calculated NMOC emission rate is less than 50 megagrams per year, the owner or operator shall do the following:

a. Submit an annual emission report to the department, except as provided for in sub. (8) (b) 2.

b. Recalculate the NMOC emission rate annually using the procedures specified in sub. (5) (a) 1. until such time as the calculated NMOC emission rate is equal to or greater than 50 megagrams per year, or the landfill is closed.

1) If the NMOC emission rate, upon recalculation, is equal to or greater than 50 megagrams per year, the owner or operator shall install a collection and control system in compliance with subd. 2.

2) If the landfill is permanently closed, a closure notification shall be submitted to the department as provided for in sub. (8) (d).

2. If the calculated NMOC emission rate is equal to or greater than 50 megagrams per year, the owner or operator shall do all of the following:

a. Submit a collection and control system design plan prepared by a professional engineer to the department within one year.

1) The collection and control system as described in the plan shall meet the design requirements of subd. 2. b.

2) The collection and control system design plan shall include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping or reporting provisions of subs. (4) to (9) proposed by the owner or operator.

3) The collection and control system design plan shall either conform with specifications for active collection systems in sub. (10) or include a demonstration to the department's satisfaction of the sufficiency of the alternative provisions to sub. (10).

4) The department shall review the information submitted under subd. 2. a. 1) to 3) and either approve it, disapprove it, or request that additional information be submitted. Because of the many site-specific factors involved with landfill gas system design, alternative systems may be necessary. A wide variety of system designs are possible, such as vertical wells, combination horizontal and vertical collection systems, or horizontal trenches only, leachate collection components, and passive systems.

b. Install a collection and control system that captures the gas generated within the landfill within 30 months after the first annual report in which the emission rate equals or exceeds 50 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the emission rate is less than 50 megagrams per year, as specified in sub. (8) (c) 1. or 2.

1) An active collection system shall:

a) Be designed to handle the maximum expected gas flow rate from the entire area of the landfill that warrants control over the intended use period of the gas control or treatment system equipment.

b) Collect gas from each area, cell or group of cells in the landfill in which the initial solid waste has been placed for a period of 5 years or more if active, or 2 years or more if closed or at final grade.

c) Collect gas at a sufficient extraction rate.

d) Be designed to minimize off-site migration of subsurface gas.

2) A passive collection system shall:

a) Comply with the provisions specified in subd. 2. b. 1) a), b) and d).

b) Be installed with liners on the bottom and all sides in all areas in which gas is to be collected. The liners shall be installed as required under 40 CFR 258.40.

c. Route all the collected gas to a control system that complies with one of the following:

1) An open flare designed and operated in accordance with s. NR 440.18.

2) A control system designed and operated to reduce NMOC by 98% by weight, or, when an enclosed combustion device is used for control, to either reduce NMOC by 98% by weight or reduce the outlet NMOC concentration to less than 20 parts per million by volume, dry basis as hexane at 3% oxygen. The reduction efficiency or parts per million by volume shall be established by an initial performance test to be completed no later than 180 days after the initial startup of the approved control system using the test methods specified in sub. (5) (d).

a) If a boiler or process heater is used as the control device, the landfill gas stream shall be introduced into the flame zone.

b) The control device shall be operated within the parameter ranges established during the initial or most recent performance test. The operating parameters to be monitored are specified in sub. (7).

3) A treatment system that processes the collected gas for subsequent sale or use. All emissions from any atmospheric vent from the gas treatment system shall be subject to the requirements of subd. 2. c.1) or 2).

d. Operate the collection and control device installed to comply with this section in accordance with the provisions of subs. (4), (6) and (7).

3. The collection and control system may be capped or removed provided that all of the following conditions are met:

a. The landfill shall be a closed landfill. A closure report shall be submitted to the department as provided in sub. (8) (d).

b. The collection and control system shall have been in operation a minimum of 15 years.

c. Following the procedures specified in sub. (5) (b), the calculated NMOC gas produced by the landfill shall be less than 50 megagrams per year on 3 successive test dates. The test dates shall be no less than 90 days apart, and no more than 180 days apart.

(c) For purposes of obtaining an operating permit under Title V of the Act (42 USC 7661 to 7661 f), the owner or operator of a MSW landfill subject to this section 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 ch. NR 407, unless the landfill is otherwise subject to ch. NR 407. For purposes of submitting a timely application for an operating permit under ch. NR 407, the owner or operator of a MSW landfill subject to this section with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters, and not otherwise subject to ch. NR 407, becomes subject to the requirements of s. NR 407.04(1), regardless of when the design capacity report is actually submitted, no later than the following:

1. June 10, 1996 for MSW landfills that commenced construction, modification, or reconstruction on or after May 30, 1991 but before March 12, 1996.

2. Ninety days after the date of commenced construction, modification or reconstruction for MSW landfills that commence construction, modification or reconstruction on or after March 12, 1996.

(d) When a MSW landfill subject to this section is closed, the owner or operator is no longer subject to the requirement to maintain an operating permit under ch. NR 407 for the landfill if the landfill is not otherwise subject to the requirements of ch. NR 407 and if either of the following conditions are met:

1. The landfill was never subject to the requirement for a control system under par. (b) 2.

2. The owner or operator meets the conditions for control system removal specified in par. (b) 3.

(4) OPERATIONAL STANDARDS FOR COLLECTION AND CONTROL SYSTEMS.

(a) Each owner or operator of an MSW landfill with a gas collection and control system used to comply with the provisions of sub. (3) (b) 2. b. shall:

1. Operate the collection system such that gas is collected from each area, cell or group of cells in the MSW landfill in which solid waste has been in place for:

a. 5 years or more if active.

b. 2 years or more if closed or at final grade.

2. Operate the collection system with negative pressure at each wellhead except under the following conditions:

a. A fire or increased well temperature. The owner or operator shall record instances when positive pressure occurs in efforts to avoid a fire. These records shall be submitted with the annual reports as provided in sub. (8) (f) 1.

b. Use of a geomembrane or synthetic cover. The owner or operator shall develop acceptable pressure limits in the design plan.

c. A decommissioned well. A well may experience a static positive pressure after shut down to accommodate for declining flows. All design changes shall be approved by the department.

3. Operate each interior wellhead in the collection system with a landfill gas temperature less than 55°C and with either a nitrogen level less than 20% or an oxygen level less than 5%. The owner or operator may establish a higher operating temperature, nitrogen or oxygen value at a particular well. A higher operating value demonstration shall show supporting data that the elevated parameter does not cause fires or significantly inhibit anaerobic decomposition by killing methanogens. Nitrogen and oxygen level shall be determined as follows:

a. The nitrogen level shall be determined using Method 3C in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), unless an alternative test method is established as allowed by sub. (3) (b) 2. a.

b. Unless an alternative test method is established as allowed by sub. (3) (b) 2. a., the oxygen level shall be determined by an oxygen meter using Method 3A or 3C in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), except that:

1) The span shall be set so that the regulatory limit is between 20 and 50% of the span.

2) A data recorder is not required.

3) Only 2 calibration gases are required, a zero and span, and ambient air may be used as the span.

4) A calibration error check is not required.

5) The allowable sample bias, zero drift and calibration drift are ± 10%.

4. Operate the collection system so that the methane concentration is less than 500 parts per million above background at the surface of the landfill. To determine if this level is exceeded, the owner or operator shall conduct surface testing around the perimeter of the collection area and along a pattern that traverses the landfill at 30 meter intervals and where visual observations indicate elevated concentrations of landfill gas, such as distressed vegetation and cracks or seeps in the cover. The owner or operator may establish an alternative traversing pattern that ensures equivalent coverage. A surface monitoring design plan shall be developed that includes a topographical map with the monitoring route and the rationale for any site-specific deviations from the 30 meter intervals. Areas with steep slopes or other dangerous areas may be excluded from the surface testing.

5. Operate the system such that all collected gases are vented to a control system designed and operated in compliance with sub. (3) (b) 2. c. In the event the collection or control system is inoperable, the gas mover system shall be shut down and all valves in the collection and control system contributing to venting of the gas to the atmosphere shall be closed within one hour.

6. Operate the control or treatment system at all times when the collected gas is routed to the system.

(b) If monitoring demonstrates that the operational requirements in par. (a) 2., 3. or 4. are not met, corrective action shall be taken as specified in sub. (6) (a) 3. to 5. or (c). If the specified corrective actions are taken, the monitored exceedance is not a violation of the operational requirements in this subsection.

(5) TEST METHODS AND PROCEDURES.

(a)

1. `Emission rate calculation.' The landfill owner or operator shall calculate the NMOC emission rate using either of the equations provided in subd. 1. a. or b. as appropriate. Both equations may be used if the actual year-to-year solid waste acceptance rate is known for part of the life of the landfill and the actual year-to-year solid waste acceptance rate is unknown for part of the life of the landfill. The values used in both equations shall be 0.05 per year for k, 170 cubic meters per megagram for Lo and 4,000 parts per million by volume as hexane for CNMOC. For landfills located in geographical areas with a 30 year annual average precipitation of less than 25 inches, as measured at the nearest representative official meteorologic site, the k value used shall be 0.02 per year.

a. The following equation shall be used if the actual year-to-year solid waste acceptance rate is known:

See Image

where:

MNMOC is the total NMOC emission rate from the landfill in megagrams per year

k is the methane generation rate constant in year-1

Lo is the methane generation potential in cubic meters per megagram of solid waste

Mi is the mass of solid waste in the ith section in megagrams. The mass of nondegradable solid waste may be subtracted from the total mass of solid waste in a particular section of the landfill when calculating the value for Mi if documentation of the nature and amount of such wastes is maintained.

ti is the age of the ith section in years

CNMOC is the concentration of NMOC in parts per million by volume as hexane

3.6 x 10-9 is a conversion factor

b. The following equation shall be used if the actual year-to-year solid waste acceptance rate is unknown:

See Image

where:

MNMOC is the mass emission rate of NMOC in megagrams per year

Lo is the methane generation potential in cubic meters per megagram of solid waste

R is the average annual acceptance rate in megagrams per year. The mass of nondegradable solid waste may be subtracted from the total mass of solid waste in a particular section of the landfill when calculating the value or R, if documentation of the nature and amount of such wastes is maintained.

k is the methane generation rate constant in year-1

t is the age of landfill in years

CNMOC is the concentration of NMOC in parts per million by volume as hexane

c is the time since closure in years. For active landfill c = O and e-kc = 1.

3.6 x 10-9 is a conversion factor

2. `Tier 1.' The owner or operator shall compare the calculated NMOC mass emission rate to the standard of 50 megagrams per year and then do one of the following:

a. If the NMOC emission rate calculated in subd. 1. is less than 50 megagrams per year, the landfill owner shall submit an emission rate report as provided in sub. (8) (b) 1., and shall recalculate the NMOC mass emission rate annually as required under sub. (3) (b) 1.

b. If the calculated NMOC emission rate is equal to or greater than 50 megagrams per year, the landfill owner shall either comply with sub. (3) (b) 2., or determine a site-specific NMOC concentration and recalculate the NMOC emission rate using the procedures provided in subd. 3.

3. `Tier 2.' The landfill owner or operator shall determine the NMOC concentration using the sampling procedures in this subdivision. The landfill owner or operator shall install at least 2 sample probes per hectare of landfill surface that has retained waste for at least 2 years. If the landfill is larger than 25 hectares in area, only 50 sample probes are required. The sample probes shall be located to avoid known areas of nondegradable solid waste. The owner or operator shall collect and analyze one sample of landfill gas from each probe to determine the NMOC concentration using Method 25 or 25C in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1). Method 18 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), may be used to analyze the samples collected by the Method 25 or 25C sampling procedure. Taking composite samples from different probes into a single cylinder is allowed; however, equal sample volumes shall be taken from each probe. For each composite, the sampling rate, collection times, beginning and ending cylinder vacuums, or alternative volume measurements shall be recorded to verify that composite volumes are equal. Composite sample volumes may not be less than one liter unless evidence can be provided to substantiate the accuracy of smaller volumes. The owner or operator shall terminate compositing before the cylinder approaches ambient pressure, where measurement accuracy diminishes. If using Method 18, the owner or operator shall identify all compounds in the sample and, as a minimum, test for those compounds published in the Compilation of Air Pollutant Emission Factors, AP-42, incorporated by reference in s. NR 440.17(2) (i) 2., minus carbon monoxide, hydrogen sulfide and mercury. As a minimum, the instrument shall be calibrated for each of the compounds on the list. The concentration of each Method 18 compound shall be converted to CNMOC as hexane by multiplying by the ratio of its carbon atoms divided by 6. If more than the required number of samples are taken, all samples shall be used in the analysis. The landfill owner or operator shall divide the NMOC concentration from Method 25 or 25C by 6 to convert from CNMOC as carbon to CNMOC as hexane. If the landfill has an active or passive gas removal system in place, Method 25 or 25C samples may be collected from these systems instead of surface probes provided the removal system can be shown to provide sampling as representative as the 2 sampling probe per hectare requirement. For active collection systems, samples may be collected from the common header pipe before the gas moving or condensate removal equipment. For these systems, a minimum of 3 samples shall be collected from the header pipe. The landfill owner or operator shall recalculate the NMOC mass emission rate using the equations in subd. 1. and using the average NMOC concentration from the collected samples instead of the default value for the equation provided in subd. 1., and then do one of the following:

a. If the resulting mass emission rate calculated using the site-specific NMOC concentration is equal to or greater than 50 megagrams per year, the landfill owner or operator shall either comply with sub. (3) (b) 2., or determine the site-specific methane generation rate constant and recalculate the NMOC emission rate using the site-specific methane generation rate constant and using the procedure specified in subd. 4.

b. If the resulting NMOC mass emission rate is less than 50 megagrams per year, the owner or operator shall submit a periodic estimate of the emission rate report as provided in sub. (8) (b) 1. and retest the site-specific NMOC concentration every 5 years using the methods specified in this subsection.

4. `Tier 3.' A landfill owner or operator electing to determine the site-specific methane generation rate constant and to recalculate the NMOC emission rate under this subdivision shall follow the procedures in this subdivision. The site-specific methane generation rate constant shall be determined using the procedures provided in Method 2E in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1). The landfill owner or operator shall estimate the NMOC mass emission rate using the equations in subd. 1. as appropriate and using a site-specific methane generation rate constant, k, and the site-specific NMOC concentration as determined in subd. 3. instead of the default values provided in subd. 1. The landfill owner or operator shall compare the resulting NMOC mass emission rate to the standard of 50 megagrams per year, and then do one of the following:

a. If the NMOC mass emission rate as calculated using the site-specific methane generation rate constant and concentration of NMOC is equal to or greater than 50 megagrams per year, the owner or operator shall comply with sub. (3) (b) 2.

b. If the NMOC mass emission rate is less than 50 megagrams per year, the owner or operator shall submit a periodic emission rate report as provided in sub. (8) (b) 1. and shall recalculate the NMOC mass emission rate annually, as provided in sub. (8) (b) 1. using the equations in subd. 1. and using the site-specific methane generation rate constant and NMOC concentration obtained in subd. 3. The calculation of the methane generation rate constant is performed only once, and the value obtained from this test shall be used in all subsequent annual NMOC emission rate calculations.

5. `Alternative methods.' The owner or operator may use other methods to determine the NMOC concentration or a site-specific k as an alternative to the methods required in subds. 3. and 4. if the method has been approved by the administrator.

(b)

1. After the installation of a collection and control system in compliance with sub. (6), the owner or operator shall calculate the NMOC emission rate for purposes of determining when the system can be removed as provided in sub. (3) (b) 3., using the following equation:

See Image

where:

MNMOC is the mass emission rate of NMOC in megagrams per year

QLFG is the flow rate of landfill gas in cubic meters per minute

CNMOC is the NMOC concentration in parts per million by volume as hexane

2. The flow rate of landfill gas, QLFG, shall be determined by measuring the total landfill gas flow rate at the common header pipe that leads to the control device using a gas flow measuring device calibrated according to the provisions of section 4 of Method 2E in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1).

3. The average NMOC concentration, CNMOC, shall be determined by collecting and analyzing landfill gas sampled from the common header pipe before the gas moving or condensate removal equipment using the procedures in Method 25C or Method 18 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1). If using Method 18, the minimum list of compounds to be tested shall be those published in the most recent Compilation of Air Pollutant Emission Factors, AP-42, incorporated by reference in s. NR 440.17(2) (i) 2. The sample location on the common header pipe shall be before any condensate removal or other gas refining units. The landfill owner or operator shall divide the NMOC concentration from Method 25C by 6 to convert from CNMOC as carbon to CNMOC as hexane.

4. The owner or operator may use another method to determine landfill gas flow rate and NMOC concentration if the method has been approved by the department.

(c) When calculating emissions for purposes of prevention of significant deterioration, the owner or operator of each MSW landfill subject to the provisions of this section shall estimate the NMOC emission rate for comparison to the major source and significance levels in s. NR 405.02 using the Compilation of Air Pollutant Emission Factors, AP-42, incorporated by reference in s. NR 440.17(2) (i) 2., or other measurement procedures approved by the department.

(d) For the performance test required in sub. (3) (b) 2. c. 2), Method 18, 25 or 25C in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), shall be used to determine compliance with the 98% by weight reduction efficiency or the 20 ppmv outlet concentration level, unless another method to demonstrate compliance has been approved by the department as provided by sub. (3) (b) 2. a. 2). Method 3 or 3A, in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), shall be used to determine oxygen for correcting the NMOC concentration as hexane to 3%. In cases where the outlet concentration is less than 50 ppm NMOC as carbon (8 ppm NMOC as hexane), Method 25A shall be used in place of Method 25. If Method 18 is used, the minimum list of compounds to be tested shall be those published in the Compilation of Air Pollutant Emission Factors, AP-42, incorporated by reference in s. NR 440.17(2) (i) 2. The following equation shall be used to calculate efficiency:

See Image

where:

NMOCin is the mass of NMOC entering control device

NMOCout is the mass of NMOC exiting control device

(6) COMPLIANCE PROVISIONS.

(a) Except as provided in sub. (3) (b) 2. a. 2), the following specified methods shall be used to determine whether the gas collection system is in compliance with sub. (3) (b) 2. b.:

1. For the purpose of calculating the maximum expected gas generation flow rate from the landfill to determine compliance with sub. (3) (b) 2. b. 1) a), one of the equations in this subdivision shall be used. The k and Lo kinetic factors shall be those published in the Compilation of Air Pollutant Emission Factors, AP-42, incorporated by reference in s. NR 440.17(2) (i) 2., or other site specific values demonstrated to be appropriate and approved by the department. If k has been determined as specified in sub. (5) (a) 4., the value of k determined from the test shall be used. A value of no more than 15 years shall be used for the intended use period of the gas mover equipment. The active life of the landfill is the age of the landfill plus the estimated number of years until closure. The equations are as follows:

a. For sites with unknown year-to-year solid waste acceptance rate:

See Image

where:

Qm is the maximum expected gas generation flow rate in cubic meters per year

Lo is the methane generation potential in cubic meters per megagram of solid waste

R is the average annual acceptance rate in megagrams per year

k is the methane generation rate constant in year-1

t is the age of the landfill at equipment installation plus the time the owner or operator intends to use the gas mover equipment or active life of the landfill, whichever is less. If the equipment is installed after closure, t is the age of the landfill at installation in years.

C is the time since closure in years. For an active landfill c = 0 and e-kc = 1. b. For sites with known year-to-year solid waste acceptance rate:

See Image

where:

Qm is the maximum expected gas generation flow rate in cubic meters per year

k is the methane generation rate constant in year-1

Lo is the methane generation potential in cubic meters per megagram of solid waste

Mi is the mass of solid waste in the ith section in megagrams

ti is the age of the ith section in years

2. If a collection and control system has been installed, actual flow data may be used to project the maximum expected gas generation flow rate instead of, or in conjunction with, the equation in subd. 1. a. or b. If the landfill is still accepting waste, the actual measured flow data will not equal the maximum expected gas generation rate, so calculations using the equation in subd. 1. a. or b. or other methods shall be used to predict the maximum expected gas generation rate over the intended period of use of the gas control system equipment.

3. For the purposes of determining sufficient density of gas collectors for compliance with sub. (3) (b) 2. b. 1) b), the owner or operator shall design a system of vertical wells, horizontal collectors or other collection devices, satisfactory to the department, capable of controlling and extracting gas from all portions of the landfill sufficient to meet all operational and performance standards.

4. For the purpose of demonstrating whether the gas collection system flow rate is sufficient to determine compliance with sub. (3) (b) 2. b. 1) c), the owner or operator shall measure gauge pressure in the gas collection header at each individual well, monthly. If a positive pressure exists, action shall be initiated to correct the exceedance within 5 calendar days, except for the 3 conditions allowed under sub. (4) (a) 2. If negative pressure cannot be achieved without excess air infiltration within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial measurement of positive pressure. Any attempted corrective measure may not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the department for approval.

5. Owners or operators are not required to expand the system as required in subd. 4. during the first 180 days after gas collection system startup.

6. For the purpose of identifying whether excess air infiltration into the landfill is occurring, the owner or operator shall monitor each well monthly for temperature and nitrogen or oxygen as provided in sub. (4) (a) 3. If a well exceeds one of these operating parameters, action shall be initiated to correct the exceedance within 5 calendar days. If correction of the exceedance cannot be achieved within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial exceedance. Any attempted corrective measure may not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the department for approval.

7. An owner or operator seeking to demonstrate compliance with sub. (3) (b) 2. b. 1) d) through the use of a collection system not conforming to the specifications provided in sub. (10) shall provide information satisfactory to the department as specified in sub. (3) (b) 2. a. 3) demonstrating that off-site migration is being controlled.

(b) For purposes of compliance with sub. (4) (a) 1., each owner or operator of a controlled landfill shall place each well or design component as specified in the approved design plan as provided in sub. (3) (b) 2. a. Each well shall be installed no later than 60 days after the date on which the initial solid waste has been in place for a period of one of the following:

1. 5 years if active.

2. 2 years if closed or at final grade.

(c) The following procedures shall be used for compliance with the surface methane operational standard as provided in sub. (4) (a) 4.:

1. After installation of the collection system, the owner or operator shall monitor surface concentrations of methane along the entire perimeter of the collection area and along a pattern that traverses the landfill at 30 meter intervals, or along a site-specific established spacing, for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specifications provided in par. (d).

2. The background concentration shall be determined by moving the probe inlet upwind and downwind outside the boundary of the landfill at a distance of at least 30 meters from the perimeter wells.

3. Surface emission monitoring shall be performed in accordance with sectio n 4.3.1 of Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), except that the probe inlet shall be placed within 5 to 10 centimeters of the ground. Monitoring shall be performed during typical meteorological conditions.

4. Any reading of 500 parts per million or more above background at any location shall be recorded as a monitored exceedance and the actions specified in this subdivision shall be taken. As long as the specified actions are taken, the exceedance is not a violation of the operational requirements of sub. (4) (a) 4. The actions are as follows:

a. The location of each monitored exceedance shall be marked and the location recorded.

b. Cover maintenance or adjustments to the vacuum of the adjacent wells to increase the gas collection in the vicinity of each exceedance shall be made and the location shall be re-monitored within 10 calendar days of detecting the exceedance.

c. If the re-monitoring of the location shows a second exceedance, additional corrective action shall be taken and the location shall be monitored again within 10 days of the second exceedance. If the re-monitoring shows a third exceedance for the same location, the action specified in subd. 4. e. shall be taken, and no further monitoring of that location is required until the action specified in subd. 4. e. has been taken.

d. Any location that initially showed an exceedance but has a methane concentration less than 500 ppm methane above background at the 10-day re-monitoring specified in subd. 4. b. or c. shall be re-monitored one month from the initial exceedance. If the 1-month remonitoring shows a concentration less than 500 parts per million above background, no further monitoring of that location is required until the next quarterly monitoring period. If the 1-month remonitoring shows an exceedance, the actions specified in subd. 4. c. or e. shall be taken.

e. For any location where monitored methane concentration equals or exceeds 500 parts per million above background 3 times within a quarterly period, a new well or other collection device shall be installed within 120 calendar days of the initial exceedance. An alternative remedy to the exceedance, such as upgrading the blower, header pipes or control device, and a corresponding timeline for installation may be submitted to the department for approval.

5. The owner or operator shall implement a program to monitor for cover integrity and implement cover repairs as necessary on a monthly basis.

(d) Each owner or operator seeking to comply with the provisions in par. (c) shall comply with the following instrumentation specifications and procedures for surface emission monitoring devices:

1. The portable analyzer shall meet the instrument specifications provided in section 3 of Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), except that "methane" shall replace all references to VOC.

2. The calibration gas shall be methane, diluted to a nominal concentration of 500 parts per million in air.

3. To meet the performance evaluation requirements in sectio n 3.1.3 of Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), the instrument evaluation procedures of section 4.4 of Method 21 shall be used.

4. The calibration procedures provided in section 4.2 of Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), shall be followed immediately before commencing a surface monitoring survey.

(e) The provisions of this section apply at all times, except during periods of startup, shutdown or malfunction, provided that the duration of startup, shutdown or malfunction may not exceed 5 days for collection systems and may not exceed one hour for treatment or control devices.

(7) MONITORING OF OPERATIONS. Except as provided in sub. (3) (b) 2. a. 2):

(a) Each owner or operator seeking to comply with sub. (3) (b) 2. b. 1) for an active gas collection system shall install a sampling port and a thermometer, other temperature measuring device, or an access port for temperature measurements at each wellhead and do all of the following:

1. Measure the gauge pressure in the gas collection header on a monthly basis as provided in sub. (6) (a) 4.

2. Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis as provided in sub. (6) (a) 6.

3. Monitor temperature of the landfill gas on a monthly basis as provided in sub. (6) (a) 6.

(b) Each owner or operator seeking to comply with sub. (3) (b) 2. c. using an enclosed combustor shall calibrate, maintain and operate according to the manufacturer's specifications, the following equipment:

1. A temperature monitoring device equipped with a continuous recorder and having a minimum accuracy of ± 1% of the temperature being measured, expressed in degrees Celsius, or ± 0.5 degrees Celsius, whichever is greater. A temperature monitoring device is not required for boilers or process heaters with design heat input capacity equal to or greater than 44 megawatts.

2. A device that records flow to or bypass of the control device. The owner or operator shall do one of the following:

a. Install, calibrate and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes.

b. Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

(c) Each owner or operator seeking to comply with sub. (3) (b) 2. c. using an open flare shall install, calibrate, maintain and operate according to the manufacturer's specifications the following equipment:

1. A heat sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light or the flame itself to indicate the continuous presence of a flame.

2. A device that records flow to or bypass of the flare. The owner or operator shall do one of the following:

a. Install, calibrate and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes.

(d) Each owner or operator seeking to demonstrate compliance with sub. (3) (b) 2. c. using a device other than an open flare or an enclosed combustor shall provide information satisfactory to the department as provided in sub. (3) (b) 2. a. 2) describing the operation of the control device, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The department shall review the information and either approve it or request that additional information be submitted. The department may specify additional appropriate monitoring procedures.

(e) Each owner or operator seeking to install a collection system that does not meet the specifications in sub. (10), or seeking to monitor alternative parameters to those required by subs. (4) to (6) or this subsection, shall provide information satisfactory to the department as provided in sub. (3) (b) 2. a. 2) and 3) describing the design and operation of the collection system, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The department may specify additional appropriate monitoring procedures.

(f) Each owner or operator seeking to demonstrate compliance with sub. (6) (c) shall monitor surface concentrations of methane according to the instrument specifications and procedures provided in sub. (6) (d). Any closed landfill that has no monitored exceedances of the operational standard in 3 consecutive quarterly monitoring periods may skip to annual monitoring. Any methane reading of 500 ppm or more above background detected during the annual monitoring shall return the frequency for that landfill to quarterly monitoring.

(8) REPORTING REQUIREMENTS. Except as provided in sub. (3) (b) 2. a. 2):

(a) Each owner or operator subject to the requirements of this section shall do all of the following:

1. Submit to the department an initial design capacity report which fulfills the requirements of the notification of the date construction is commenced as required under s. NR 440.07(1) (a) no later than one of the following:

a. June 10, 1996, for landfills that commenced construction, modification or reconstruction on or after May 30, 1991 but before March 12, 1996.

b. Ninety days after the date of commenced construction, modification or reconstruction for landfills that commence construction, modification or reconstruction on or after March 12, 1996.

2. Ensure that the initial design capacity report submitted under subd. 1. contains the following information:

a. A map or plot of the landfill, providing the size and location of the landfill, and identifying all areas where solid waste may be landfilled according to an operating license issued under s. 289.31, Stats., by the department.

b. The maximum design capacity of the landfill. Where the maximum design capacity is specified in an operating license issued under s. 289.31, Stats., by the department, a copy of the operating license specifying the maximum design capacity may be submitted as part of the report. If the maximum design capacity of the landfill is not specified in the operating license, the maximum design capacity shall be calculated using good engineering practices. The calculations shall be provided, along with the relevant parameters, as part of the report. The department may request other reasonable information as may be necessary to verify the maximum design capacity of the landfill.

3. Submit an amended design capacity report to the department 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 or above 2.5 million megagrams and 2.5 million cubic meters. This increase in design capacity may result from an increase in the volume of the landfill allowed in an operating license issued under s. 289.31, Stats., by the department, or an increase in the density as documented in the annual recalculation required in sub. (9) (h).

(b)

1. Each owner or operator subject to the requirements of this section shall submit an NMOC emission rate report to the department initially and annually thereafter, except as provided for in subds. 2. and 4. The department may request additional information as may be necessary to verify the reported NMOC emission rate. The NMOC emission rate report shall contain an annual or 5-year estimate of the NMOC emission rate calculated using the formula and procedures provided in sub. (5) (a) or (b), as applicable. The initial NMOC emission rate report may be combined with the initial design capacity report required in par. (a) 1. and shall be submitted no later than one of the following:

a. June 10, 1996, for landfills that commenced construction, modification or reconstruction on or after May 30, 1991, but before March 12, 1996.

b. Ninety days after the date of commenced construction, modification or reconstruction for landfills that commence construction, modification or reconstruction on or after March 12, 1996.

2. If the estimated NMOC emission rate as reported in the annual report to the department is less than 50 megagrams per year in each of the next 5 consecutive years, the owner or operator may elect to submit an estimate of the NMOC emission rate for the next 5-year period in lieu of the annual report. This estimate shall include the current amount of solid waste in-place and the estimated waste acceptance rate for each year of the 5 years for which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the department. This estimate shall be revised at least once every 5 years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the 5-year estimate, a revised 5-year estimate shall be submitted to the department. The revised estimate shall cover the 5-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.

3. The NMOC emission rate report shall include all the data, calculations, sample reports and measurements used to estimate the annual or 5-year emissions.

4. Each owner or operator subject to the requirements of this section is exempted from the requirements of subds. 1. to 3., after the installation of a collection and control system in compliance with sub. (3) (b) 2., during the time the collection and control system is in operation and in compliance with subs. (4) and (6).

(c) Each owner or operator subject to the provisions of sub. (3) (b) 2. a. shall submit a collection and control system design plan to the department within one year of the first report required under par. (b) in which the emission rate equals or exceeds 50 megagrams per year, except as follows:

1. If the owner or operator elects to recalculate the NMOC emission rate after Tier 2 NMOC sampling and analysis as provided in sub. (5) (a) 3. and the resulting rate is less than 50 megagrams per year, annual periodic reporting shall be resumed, using the Tier 2 determined site-specific NMOC concentration, until the calculated emission rate is equal to or greater than 50 megagrams per year or the landfill is closed. The revised NMOC emission rate report, with the recalculated emission rate based on NMOC sampling and analysis, shall be submitted within 180 days of the first calculated exceedance of 50 megagrams per year.

2. If the owner or operator elects to recalculate the NMOC emission rate after determining a site-specific methane generation rate constant, k, as provided in Tier 3 in sub. (5) (a) 4., and the resulting NMOC emission rate is less than 50 megagrams per year, annual periodic reporting shall be resumed. The resulting site-specific methane generation rate constant, k, shall be used in the emission rate calculation until the time the emissions rate calculation results in an exceedance. The revised NMOC emission rate report based on the provisions of sub. (5) (a) 4. and the resulting site-specific methane generation rate constant, k, shall be submitted to the department within one year of the first calculated emission rate exceeding 50 megagrams per year.

(d) Each owner or operator of a controlled landfill shall submit a closure report to the department within 30 days of waste acceptance cessation. The department may request additional information as may be necessary to verify that permanent closure has taken place in accordance with the requirements of 40 CFR 258.60. If a closure report has been submitted to the department, no additional wastes may be placed into the landfill without filing a notification of modification as described under s. NR 440.07(1) (d).

(e)

1. Each owner or operator of a controlled landfill shall submit an equipment removal report to the department 30 days prior to removal or cessation of operation of the control equipment. The equipment removal report shall contain all of the following items:

a. A copy of the closure report submitted in accordance with par. (d).

b. A copy of the initial performance test report demonstrating that the 15 year minimum control period has expired.

c. Dated copies of 3 successive NMOC emission rate reports demonstrating that the landfill is no longer producing 50 megagrams or greater of NMOC per year.

2. The department may request additional information as may be necessary to verify that all of the conditions for removal in sub. (3) (b) 3. have been met.

(f) Each owner or operator of a landfill seeking to comply with sub. (3) (b) 2. using an active collection system designed in accordance with sub. (3) (b) 2. b. shall submit to the department annual reports of the recorded information in subds. 1. to 6. The initial annual report shall be submitted within 180 days of installation and startup of the collection and control system, and shall include the initial performance test report required under s. NR 440.08. For enclosed combustion devices and flares, reportable exceedances are defined under sub. (9) (c). The information which shall be recorded is as follows:

1. Value and length of time for exceedance of applicable parameters monitored under sub. (7) (a) to (d).

2. Description and duration of all periods when the gas stream is diverted from the control device through a bypass line or the indication of bypass flow as specified under sub. (7).

3. Description and duration of all periods when the control device was not operating for a period exceeding one hour and length of time the control device was not operating.

4. Description and duration of all periods when the collection system was not operating in excess of 5 days.

5. The location of each exceedance of the 500 parts per million methane concentration as provided in sub. (4) (a) 4. and the concentration recorded at each location for which an exceedance was recorded in the previous month.

6. The date of installation and the location of each well or collection system expansion added pursuant to sub. (6) (a) 4., (b) and (c) 4.

(g) Each owner or operator seeking to comply with sub. (3) (b) 2. c. shall include the following information with the initial performance test report required under s. NR 440.08:

1. A diagram of the collection system showing collection system positioning including all wells, horizontal collectors, surface collectors or other gas extraction devices, including the locations of any areas excluded from collection and the proposed sites for the future collection system expansion.

2. The data upon which the sufficient density of wells, horizontal collectors, surface collectors or other gas extraction devices and the gas mover equipment sizing are based.

3. The documentation of the presence of asbestos or nondegradable material for each area from which collection wells have been excluded based on the presence of asbestos or nondegradable material.

4. The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on nonproductivity and the calculations of gas generation flow rate for each excluded area.

5. The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill.

6. The provisions for the control of off-site migration.

(9) RECORDKEEPING REQUIREMENTS.

(a) Except as provided in sub. (3) (b) 2. a. 2), each owner or operator of an MSW landfill subject to the provisions of sub. (3) (b) shall keep for at least 5 years up-to-date, readily accessible, on-site records of the design capacity report which triggered sub. (3) (b), the current amount of solid waste in-place, and the year-by-year waste acceptance rate. Off-site records may be maintained if they are retrievable within 4 hours. Either paper copy or electronic formats are acceptable.

(b) Except as provided in sub. (3) (b) 2. a. 2), each owner or operator of a controlled landfill shall keep up-to-date, readily accessible records for the life of the control equipment of the data listed in subds. 1. to 4. as measured during the initial performance test or compliance determination. Records of subsequent tests or monitoring shall be maintained for a minimum of 5 years. Records of the control device vendor specifications shall be maintained until removal. The data is as follows:

1. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) 2. b., the following:

a. The maximum expected gas generation flow rate as calculated in sub. (6) (a) 1. The owner or operator may use another method to determine the maximum gas generation flow rate if the method has been approved by the department.

b. The density of wells, horizontal collectors, surface collectors or other gas extraction devices determined using the procedures specified in sub. (10) (a) 1.

2. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) 2. c. through use of an enclosed combustion device other than a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts, the following:

a. The average combustion temperature measured at least every 15 minutes and averaged over the same time period of the performance test.

b. The percent reduction of NMOC determined as specified in sub. (3) (b) 2. c. 2) achieved by the control device.

3. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) 2. c. 2) a) through use of a boiler or process heater of any size, a description of the location at which the collected gas vent stream is introduced into the boiler or process heater over the same time period of the performance testing.

4. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) 2. c. 1) through use of an open flare, the flare type (i.e., steam-assisted, air-assisted or nonassisted), all visible emission readings, heat content determination, flow rate or bypass flow rate measurements, exit velocity determinations made during the performance test as specified in s. NR 440.18, continuous records of the flare pilot flame or flare flame monitoring and records of all periods of operations during which the pilot flame or the flare flame is absent.

(c) Except as provided in sub. (3) (b) 2. a. 2), each owner or operator of a controlled landfill subject to the provisions of this section shall keep for 5 years up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored in sub. (7) as well as up-to-date, readily accessible records for periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. Each owner or operator shall do the following:

1. Record and report under sub. (8) (f), the following, which constitute exceedances:

a. For enclosed combustors except for boilers and process heaters with design heat input capacity of 44 megawatts, (150 million British thermal units per hour) or greater, all 3-hour periods of operation during which the average combustion temperature was more than 28°C below the average combustion temperature during the most recent performance test at which compliance with sub. (3) (b) 2. c. was determined.

b. For boilers or process heaters, any change in the location at which the vent stream is introduced into the flame zone as required under par. (b) 3.

2. Keep up-to-date, readily accessible continuous records of the indication of flow to the control device or the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines, specified under sub. (7).

3. If using a boiler or process heater with a design heat input capacity of 44 megawatts or greater to comply with sub. (3) (b) 2. c., keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater.

Note: Examples of records of operation include records of steam use, fuel use or monitoring data collected pursuant to other department or federal regulatory requirements.

4. If seeking to comply with the provisions of this section by use of an open flare, keep up-to-date, readily accessible continuous records of the flame or flare pilot flame monitoring specified under sub. (7) (c), and up-to-date, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent.

(d) Except as provided in sub. (3) (b) 2. a. 2), keep for the life of the collection system an up-to-date, readily accessible plot map showing each existing and planned collector in the system and providing a unique identification location label for each collector.

(e) Each owner or operator subject to the provisions of this section shall keep up-to-date, readily accessible records of the installation date and location of all newly installed collectors as specified under sub. (6) (b).

(f) Each owner or operator subject to the provisions of this section shall keep readily accessible documentation of the nature, date of deposition, amount and location of asbestos-containing or nondegradable waste excluded from collection as provided in sub. (10) (a) 3.

a. as well as any nonproductive areas excluded from collection as provided in sub. (10) (a) 3.

(g) Except as provided in sub. (3) (b) 2. a. 2), each owner or operator subject to the provisions of this section shall keep for at least 5 years up-to-date, readily accessible records of all collection and control system exceedances of the operational standards in sub. (4), the reading in the subsequent month whether or not the second reading is an exceedance, and the location of each exceedance.

(h) Landfill owners or operators who convert design capacity from volume to mass or mass to volume to demonstrate that landfill design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, as provided in the definition of "design capacity", shall keep readily accessible, on-site records of the annual recalculation of site-specific density, design capacity, and the supporting documentation. Off-site records may be maintained if they are retrievable within 4 hours. Either paper copy or electronic formats are acceptable.

(10) SPECIFICATIONS FOR ACTIVE COLLECTION SYSTEMS.

(a) Each owner or operator seeking to comply with sub. (3) (b) 2. a. shall site active collection wells, horizontal collectors, surface collectors or other extraction devices at a sufficient density throughout all gas producing areas using the following procedures unless alternative procedures have been approved by the department as provided in sub. (3) (b) 2. a. 3) and 4):

1. The collection devices within the interior and along the perimeter areas shall be certified to achieve comprehensive control of surface gas emissions by a professional engineer. The design for the collection system shall address depths of refuse, refuse gas generation rates and flow characteristics, cover properties, gas system expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end use, air intrusion control, corrosion resistance, fill settlement and resistance to the refuse decomposition heat.

2. The sufficient density of gas collection devices determined in subd. 1. shall address landfill gas migration issues and augmentation of the collection system through the use of active or passive systems at the landfill perimeter or exterior.

3. The placement of gas collection devices determined in subd. 1. shall control all gas producing areas, except as follows:

a. Any segregated area of asbestos or nondegradable material may be excluded from collection if documented as provided under sub. (9) (f). The documentation shall provide the nature, date of deposition, location and amount of asbestos or nondegradable material deposited in the area, and shall be provided to the department upon request.

b. Any nonproductive area of the landfill may be excluded from control, provided that the total of all excluded areas can be shown to contribute less than 1% of the total amount of NMOC emissions from the landfill. The amount, location and age of the material shall be documented and provided to the department upon request. A separate NMOC emissions estimate shall be made for each section proposed for exclusion, and the sum of all the sections shall be compared to the NMOC emissions estimate for the entire landfill. Emissions from each section shall be computed using the following equation:

See Image

where:

Qi is the NMOC emission rate from the ith section in megagrams per year

k is the methane generation rate constant in year-1

Lo is the methane generation potential in cubic meters per megagram of solid waste

Mi is the mass of the degradable solid waste in the ith section in megagram

ti is the age of the solid waste in the ith section in years

CNMOC is the concentration of nonmethane organic compounds in parts per million by volume 3.6 x 10-9 is a conversion factor 4. When calculating emissions using the equation in subd. 3. b., the values for k and CNMOC determined in field testing shall be used if field testing has been performed in determining the NMOC emission rate or the radii of influence (the distance from the well center to a point in the landfill where the pressure gradient applied by the blower or compressor approaches zero). If field testing has not been performed, the default values for k, Lo and CNMOIC provided in sub. (5) (a) 1. or the alternative values from sub. (5) (a) 5. shall be used. The mass of nondegradable solid waste contained within the given section may be subtracted from the total mass of the section when estimating emissions provided the nature, location, age and amount of the nondegradable material is documented as provided in subd. 3. a.

(b) Each owner or operator seeking to comply with sub. (3) (b) 2. a. 1) shall construct the gas collection devices using the following equipment or procedures:

1. The landfill gas extraction components shall be constructed of polyvinyl chloride, high density polyethylene pipe, fiberglass, stainless steel or other nonporous corrosion resistant material of suitable dimensions to convey projected amounts of gases; withstand installation, static and settlement forces; and withstand planned overburden or traffic loads. The collection system shall extend as necessary to comply with emission and migration standards. Collection devices such as wells and horizontal collectors shall be perforated to allow gas entry without head loss sufficient to impair performance across the intended extent of control. Perforations shall be situated with regard to the need to prevent excessive air infiltration.

2. Vertical wells shall be placed so as not to endanger underlying liners and shall address the occurrence of water within the landfill. Holes and trenches constructed for piped wells and horizontal collectors shall be of sufficient cross-section so as to allow for their proper construction and completion including, for example, centering of pipes and placement of gravel backfill. Collection devices shall be designed so as not to allow indirect short circuiting of air into the cover or refuse into the collection system or gas into the air. Any gravel used around pipe perforations should be of a dimension so as not to penetrate or block perforations.

3. Collection devices may be connected to the collection header pipes below or above the landfill surface. The connector assembly shall include a positive closing throttle valve, any necessary seals and couplings, access couplings and at least one sampling port. The collection devices shall be constructed of polyvinyl chloride, high density polyethylene, fiberglass, stainless steel or other nonporous material of suitable thickness.

(c) Each owner or operator seeking to comply with sub. (3) (b) 2. a. 1) shall convey the landfill gas to a control system, in compliance with sub. (3) (b) 2. c., through the collection header pipes. The gas mover equipment shall be sized to handle the maximum gas generation flow rate expected over the intended use period of the gas moving equipment using the following procedures:

1. For existing collection systems, the flow data shall be used to project the maximum flow rate. If no flow data exists, the procedures in subd. 2. shall be used.

2. For new collection systems, the maximum flow rate shall be in accordance with sub. (6) (a) 1.

Wis. Admin. Code Department of Natural Resources NR 440.75

CR 06-109: cr. Register May 2008 No. 629, eff. 6-1-08; corrections in (3) (d) 2., (5) (b) 1., and (8) (e) 2. made under s. 13.92(4) (b) 7, Stats., Register May 2008 No. 629.