Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For purposes of
this subarticle, the following definitions apply:
(1) "Active MSW Landfill" means a MSW
landfill that is accepting solid waste for disposal.
(2) "Component Leak" means the concentration
of methane measured one half of an inch or less from a component source that
exceeds 500 parts per million by volume (ppmv), other than non-repeatable,
momentary readings. Measurements from any vault must be taken within 3 inches
above the surface of the vault exposed to the atmosphere.
(3) "Component" means any equipment that is
part of the gas collection and control system and that contains landfill gas
including, but not limited to, wells, pipes, flanges, fittings, valves, flame
arrestors, knock-out drums, sampling ports, blowers, compressors, or
connectors.
(4) "Construction and
Demolition Wastes" means waste building materials, packaging and rubble
resulting from construction, remodeling, repair and demolition operations on
pavements, houses, commercial buildings and other structures.
(5) "Continuous Operation" means that the gas
collection and control system is operated continuously, the existing gas
collection wells are operating under vacuum while maintaining landfill gas
flow, and the collected landfill gas is processed by a gas control system 24
hours per day.
(6) "Closed MSW
Landfill" means that a MSW landfill is no longer accepting solid waste for
disposal and has documentation that the closure was conducted in accordance
with the applicable statutes, regulations, and local ordinances in effect at
the time of closure.
(7) "District"
means any air quality management district or air pollution control district in
the State of California.
(8)
"Destruction Efficiency" means a measure of the ability of a gas control device
to combust, transform, or otherwise prevent emissions of methane from entering
the atmosphere.
(9) "Enclosed
Combustor" means an enclosed flare, steam generating boiler, internal
combustion engine, or gas turbine.
(10) "Energy Recovery Device" means any
combustion device that uses landfill gas to recover energy in the form of steam
or electricity, including, but not limited to, gas turbines, internal
combustion engines, boilers, and boiler-to-steam turbine systems.
(11) "Exceedance" means the concentration of
methane measured within 3 inches above the landfill surface that exceeds 500
ppmv, other than non-repeatable, momentary readings, as determined by
instantaneous surface emissions monitoring; or the average methane
concentration measurements that exceed 25 ppmv, as determined by integrated
surface emissions monitoring.
(12)
"Executive Officer" means the Executive Officer of the Air Resources Board, or
his or her delegate.
(13) "Facility
Boundary" means the boundary surrounding the entire area on which MSW landfill
activities occur and are permitted.
(14) "Gas Control Device" means any device
used to dispose of or treat collected landfill gas, including, but not limited
to, enclosed flares, internal combustion engines, boilers and boiler-to-steam
turbine systems, fuel cells, and gas turbines.
(15) "Gas Collection System" means any system
that employs various gas collection wells and connected piping, and mechanical
blowers, fans, pumps, or compressors to create a pressure gradient and actively
extract landfill gas.
(16) "Gas
Control System" means any system that disposes of or treats collected landfill
gas by one or more of the following means: combustion, gas treatment for
subsequent sale, or sale for processing offsite, including for transportation
fuel and injection into the natural gas pipeline.
(17) "Inactive MSW Landfill" means a MSW
landfill that is no longer accepting solid waste for disposal, or can document
that the landfill is no longer receiving solid waste.
(18) "Inert Waste" means any material meeting
the definition of "Inert Waste" as defined in Title 27, California Code of
Regulations, Division 2, Subdivision
1, Chapter 3, Subchapter 2,
Article 2, Section
20230(a)
(effective July 18, 1997).
(19)
"Landfill Gas" means any untreated, raw gas derived through a natural process
from the decomposition of organic waste deposited in a MSW landfill, from the
evolution of volatile species in the waste, or from chemical reactions of
substances in the waste.
(20)
"Landfill Surface" means the area of the landfill under which decomposable
solid waste has been placed, excluding the working face.
(21) "Municipal Solid Waste Landfill" or "MSW
Landfill" means an entire disposal facility in a contiguous geographical space
where solid waste is placed in or on land.
(22) "Non-decomposable Solid Waste" means
materials that do not degrade biologically to form landfill gas. Examples
include, but are not limited to, earth, rock, concrete asphalt paving
fragments, uncontaminated concrete (including fiberglass or steel reinforcing
rods embedded in the concrete), brick, glass, ceramics, clay products, inert
slag, asbestos-containing waste, and demolition materials containing minor
amounts (less than 10 percent by volume) of wood and metals. Materials that do
not meet this definition are considered decomposable solid waste.
(23) "Non-repeatable, Momentary Readings"
means indications of the presence of methane, which persist for less than five
seconds and do not recur when the sampling probe of a portable gas detector is
placed in the same location.
(24)
"Operator" means any person or entity, including but not limited to any
government entity, corporation, partnership, trustee, other legal entity, or
individual that:
(A) Operates the MSW
landfill;
(B) Is responsible for
complying with any federal, state, or local requirements relating to methane
emissions from real property used for MSW landfill purposes and subject to this
subarticle;
(C) Operates any
stationary equipment for the collection of landfill gas;
(D) Purchases landfill gas from an owner or
operator of a MSW landfill and operates any stationary equipment for the
treatment of landfill gas; or
(E)
Purchases untreated landfill gas from an owner or operator of a MSW landfill
and operates any stationary equipment for the combustion of landfill
gas.
(25) "Owner" means
any person or entity, including but not limited to any government entity,
corporation, partnership, trustee, other legal entity, or individual that:
(A) Holds title to the real property on which
the MSW landfill is located, including but not limited to title held by joint
tenancy, tenancy in common, community property, life estate, estate for years,
lease, sublease, or assignment, except title held solely as security for a debt
such as mortgage;
(B) Is
responsible for complying with any federal, state, or local requirements
relating to methane emissions from real property used for MSW landfill purposes
and subject to this subarticle.
(C)
Owns any stationary equipment for the collection of landfill gas;
(D) Purchases the landfill gas from an owner
or operator of a MSW landfill and owns any stationary equipment for the
treatment of landfill gas; or
(E)
Purchases untreated landfill gas from an owner or operator of a MSW landfill
and owns any stationary equipment for the combustion of landfill
gas.
(26) "Perimeter"
means along the MSW landfill's permitted facility boundary.
(27) "Professional Engineer" means an
engineer holding a valid certificate issued by the State of California Board of
Registration for Professional Engineers and Land Surveyors or an engineer
holding a valid certificate issued by a state offering reciprocity with
California.
(28) "Solid Waste"
means all decomposable and non-decomposable solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial
waste, manure, vegetable or animal solid and semisolid wastes, sludge, and
other discarded solid and semisolid wastes. Solid waste also includes any
material meeting the definition of Solid Waste in
40 CFR §
60.751 (as last amended 64 Fed.Reg 9262, Feb
24, 1999) as incorporated by reference herein.
(29) "Subsurface Gas Migration" means
underground landfill gases that are detected at any point on the perimeter
pursuant to California Code of Regulations title 27, section
20921.
(30) "Waste-in-Place" means the total amount
of solid waste placed in the MSW landfill estimated in tons. The refuse density
is assumed to be 1,300 pounds per cubic yard and the decomposable fraction is
assumed to be 70 percent by weight.
(31) "Well Raising" means a MSW landfill
activity where an existing gas collection well is temporarily disconnected from
a vacuum source, and the non-perforated pipe attached to the well is extended
vertically to allow the addition of a new layer of solid waste or the final
cover; or is extended horizontally to allow the horizontal extension of an
existing layer of solid waste or cover material. The extended pipe (well
extension) is then re-connected in order to continue collecting gas from that
well.
(32) "Working Face" means the
open area where solid waste is deposited daily and compacted with landfill
equipment.
1. New
section filed 6-17-2010; operative 6-17-2010 pursuant to Government Code
section
11343.4
(Register 2010, No. 25).
Note: Authority cited: Sections
38501,
38510,
38560,
38560.5,
38580,
39600
and
39601,
Health and Safety Code. Reference: Sections
38501,
38505,
38510,
38550,
38551,
38560,
38560.5,
39003,
39500,
39600
and
39601,
Health and Safety Code.