Current through Register Vol. 63, No. 3, March 1, 2024
(1) By October 1,
2022 the owner or operator of a landfill listed in Table 1 Part B or C of OAR
340-216-8010, having greater than 200,000 tons (181,000 metric tons) of
waste-in-place, must submit to DEQ an administratively complete permit
application, pursuant to OAR chapter 340, division 216, an initial
Waste-in-Place Report, pursuant to OAR 340-239-0700(3)(e), and a Methane
Generation Rate Report, pursuant to OAR 340-239-0700(3)(f).
(2) The owner or operator of an existing
landfill that does not yet have 200,000 tons of waste-in-place must, may not
accept solid waste in excess of 200,000 tons of waste-in-place without a permit
issued pursuant to OAR 340-216, and submission of an initial Waste-in Place
Report, pursuant to OAR 340-239-0700(3)(e) and a Methane Generation Rate
Report, pursuant to OAR 340-239-0700(3)(f). Once the landfill reaches a size
greater than or equal to 200,000 tons of waste-in-place, the owner or operator
is subject to OAR 340-239-0100.
(3)
The owner or operator of a proposed new landfill that is designed to receive
greater than or equal to 200,000 tons of waste in the first year must submit an
administratively complete permit application, pursuant to OAR chapter 340,
division 216, prior to receiving any waste. The owner or operator of a new
landfill also must submit to DEQ, no later than January 30 after the first
calendar year in which the landfill initially accepted waste, an initial
Waste-in-Place Report, pursuant to OAR 340-239-0700(3)(e), and a Methane
Generation Rate Report, pursuant to OAR 340-239-0700(3)(f).
(4) The owner or operator of a landfill
having greater than or equal to 200,000 tons of waste-in-place must submit an
annual Waste-in-Place Report to DEQ pursuant to OAR 340-239-0700(3)(e) and an
annual Methane Generation Rate Report, pursuant to OAR 340-239-0700(3)(f),
until the owner or operator submits a Closure Notification pursuant to OAR
340-239-0700(3)(a). The initial Waste-in-Place Report and Methane Generation
Rate Report submitted by a landfill pursuant to sections (1), (2) or (3) shall
satisfy this requirement for the initial year it applies to a
landfill.
(5) If the calculated
methane generation rate reported by the owner or operator of a landfill
according to section (1), (2) (3), or (4) of this rule is less than 664 metric
tons (732 tons) per year, the owner or operator must:
(a) If the landfill is active:
(A) Recalculate the methane generation rate
annually using the procedures specified in OAR 340-239-0800(2);
(B) Submit an annual Methane Generation Rate
Report to DEQ pursuant to OAR 340-239-0700(3)(f) until either of the following
conditions is met:
(i) The calculated methane
generation rate is greater than or equal to 664 metric tons (732 tons) per
year, or
(ii) The owner or operator
submits a Closure Notification pursuant to OAR 340-239-0700(3)(a).
(C) Maintain the cover in any
areas of the landfill not exempt per OAR 340-239-0300 so as to minimize
landfill gas emissions and visually inspect the landfill surface annually for
signs of methane releases including distressed vegetation, cracks or
seeps.
(b) If the
landfill is closed or inactive, submit to DEQ a Methane Generation Rate Report
pursuant to OAR 340-239-0700(3)(f) and all required Closure Notifications
pursuant to OAR 340-239-0700(3)(a).
(6) If the methane generation rate reported
by the owner or operator according to section (1), (2), (3), or (4) of this
rule is greater than or equal to 664 metric tons (732 tons) per year but less
than 7,755 metric tons (8,548 tons) per year, then the owner or operator must
either:
(a) Comply with the requirements of
OAR 340-239-0110 through 340-239-0800. The owner or operator is subject to OAR
340-239-0110 through 340-239-0800 at the time they are required to submit the
Methane Generation Rate Report that shows methane generation above 664 metric
tons per year; or
(b) Demonstrate
that after four consecutive quarterly monitoring periods there is no measured
concentration of methane of 200 parts per million by volume (ppmv) or greater
using the instantaneous surface monitoring procedures specified in OAR
340-239-0800(3). The owner or operator of the landfill must begin quarterly
monitoring within 90 days after the Methane Generation Rate Report is required
to be submitted under section (1) or (2) of this rule or OAR 340-239-0100(6)
and submit Instantaneous Surface Monitoring Reports according to OAR
340-239-0700(3)(l). Based on the monitoring results, the owner or operator must
do one of the following:
(A) Except as
provided in OAR 340-239-0600(1)(a), if there is any measured concentration of
methane of 200 ppmv or greater, other than non-repeatable, momentary readings,
from the surface of an active, inactive, or closed landfill, the landfill owner
or operator must comply with OAR 340-239-0110 through OAR 340-239-0800. The
owner or operator is subject to OAR 340-239-0110 through OAR 340-239-0800 at
the time they are required to submit the Instantaneous Surface Monitoring
Report that shows surface emissions of methane above 200 ppmv;
(B) If there is no measured concentration of
methane of 200 ppmv or greater from the surface of an active landfill,
recalculate the methane generation rate annually using the procedures specified
in OAR 340-239-0800(2) and submit a Methane Generation Rate Report annually to
DEQ pursuant to OAR 340-239-0700(3)(f), and:
(i) If the landfill is active, the owner or
operator must continue quarterly surface emission monitoring using the methods
specified in this subsection and prepare and submit an annual Instantaneous
Surface Monitoring Report according to OAR 340-239-0700(3)(l); or
(ii) If the landfill is closed, the owner or
operator must conduct annual surface emission monitoring using the methods
specified in this subsection and prepare and submit an annual Instantaneous
Surface Monitoring Report according to OAR 340-239-0700(3)(l).
(C) If there is no measured
concentration of methane of 200 ppmv or greater from the surface of a closed or
inactive landfill, the requirements of OAR 340-239-0110 through 340-239-0800 no
longer apply provided that the owner or operator has completed all of the
following:
(i) Satisfied all applicable
requirements of OAR 340-239-0400;
(ii) Submitted to DEQ a Waste-in-Place
Report, pursuant to section (1), (2), or (3) of this rule; and
(iii) Submitted to DEQ all required
Instantaneous Surface Monitoring Reports, pursuant to subsection (5)(b).) of
this rule.
(7) If the methane generation rate reported
according to section (1), (2), or (3) of this rule is greater than or equal to
7,755 metric tons (8,548 tons) per year, then the owner or operator must comply
with the requirements of OAR 340-239-0110 through 340-239-0800.
(8) If owner or operator of a landfill with
more than 200,000 tons of waste-in-place adds any liquid other than leachate in
a controlled fashion to the waste mass to reach a minimum average moisture
content of at least 40 percent by weight to accelerate or enhance the anaerobic
biodegradation of the waste, the owner or operator must install and operate a
gas collection and control system that meets the criteria in OAR 340-239-0110
according to the following:
(a) Install the
gas collection and control system for the bioreactor before initiating liquids
addition. Extend the collection and control system into each new cell or area
of the bioreactor prior to initiating liquids addition in that area;
and
(b) Begin operating the gas
collection and control system within 180 days after initiating liquids addition
or within 180 days after achieving a moisture content of 40 percent by weight,
whichever is later. Bioreactor moisture content must be calculated in
accordance with OAR 340-239-0800(109).
Statutory/Other Authority: ORS
468.020, ORS
468A.025,
ORS
468A.040 & ORS
468A.050
Statutes/Other Implemented: ORS
468A.025,
ORS
468A.040 & ORS
468A.050
