Current through Register Vol. 41, No. 3, September 23, 2024
Owners or operators of solid waste disposal facilities
shall develop a gas management plan in accordance with this section. Venting
and control of decomposition gases shall be implemented for sanitary and other
landfillsin order to protect the landfill cap and prevent migration into
structures or beyond the facility boundary, subject to exceptions at
9VAC20-81-130 K. The contents of
the plan shall also reflect the requirements contained in
40 CFR
60.33c and
40 CFR
60.750, (Standards of performance for new and
guidelines for control of existing municipal solid waste landfills) and
9VAC5-40-5800, as
applicable.
A. General requirements.
1. To provide for the protection of public
health and safety, and the environment, the operator shall ensure that
decomposition gases generated at a landfill are controlled during the periods
of operation, closure and postclosure care, in accordance with the following
requirements:
a. The concentration of methane
gas generated by the landfill shall not exceed 25% of the lower explosive limit
(LEL) for methane in landfill structures (excluding gas control or recovery
system components); and
b. The
concentration of methane gas migrating from the landfill shall not exceed the
lower explosive limit for methane at the facility boundary.
2. The program implemented
pursuant to subsections B through E of this section shall continue throughout
the active life of the landfill and the closure and postclosure care periods or
until the operator receives written authorization by the department to
discontinue. Authorization to cease gas monitoring and control shall be based
on a demonstration by the operator that there is no potential for gas migration
beyond the facility boundary or into landfill structures.
3. Gas monitoring and control systems shall
be modified, during the closure and postclosure maintenance period, to reflect
changing on-site and adjacent land uses. Postclosure land use at the site shall
not interfere with the function of gas monitoring and control
systems.
4. The operator may
request a reduction of monitoring or control activities based upon the results
of collected monitoring data. The request for reduction of monitoring or
control activities shall be submitted in writing to the department.
B. The operator shall implement a
gas monitoring program at the landfill in accordance with the following
requirements:
1. The gas monitoring network
shall be designed to ensure detection of the presence of decomposition gas
migrating beyond the landfill facility boundary and into landfill
structures.
2. The monitoring
network shall be designed to account for the following specific site
characteristics, and potential migration pathways or barriers, including, but
not limited to:
a. Local soil and rock
conditions;
b. Hydrogeological and
hydraulic conditions surrounding the landfill;
c. Locations of buildings and structures
relative to the waste deposit area;
d. Adjacent land use, and inhabitable
structures within 1,000 feet of the landfill facility boundary;
e. Manmade pathways, such as underground
construction; and
f. The nature and
age of waste and its potential to generate decomposition gas.
3. Owners or operators of certain
large sanitary landfills and landfills located in nonattainment areas may be
required to perform additional monitoring as provided in
40 CFR
60.33c,
40 CFR
60.750, and 9 VAC5-40-5800.
4. At a minimum, the gas monitoring frequency
shall be quarterly. The department may require more frequent monitoring at
locations where monitoring results indicate gas migration or gas accumulation
in devices or structures designed to detect migrating gas.
C. Gas Remediation.
1. When the gas monitoring results indicate
concentrations of methane in excess of the action levels, 25% of the lower
explosive limit (LEL) for methane in landfill structures (excluding gas control
or recovery system components) or 80% of the LEL for methane at the facility
boundary, the operator shall:
a. Take all
immediate steps necessary to protect public health and safety including those
required by the contingency plan.
b. Notify the department in writing within
five working days of learning that action levels have been exceeded, and
indicate what has been done or is planned to be done to resolve the
problem.
2. When the gas
monitoring results indicate concentrations of methane in excess of the
compliance levels, 25% of the LEL for methane in landfill structures (excluding
gas control or recovery system components) or the LEL for methane at the
facility boundary, the operator shall, within 60 days of detection, implement a
remediation plan for the methane gas releases and submit it to the department
for modification of the landfill permit. The plan shall describe the nature and
extent of the problem and the proposed remedy. The plan shall include an
implementation schedule specifying timeframes for implementing corrective
actions, an evaluation of the effectiveness of such corrective actions, and
milestones for proceeding in implementation of additional corrective actions,
if necessary to reestablish compliance.
3. A gas remediation system shall:
a. Prevent methane accumulation in onsite
structures.
b. Reduce methane
concentrations at monitored facility boundaries to below compliance levels in
the timeframes specified in the gas remediation plan.
c. Provide for the collection and treatment
and/or disposal of decomposition gas condensate produced at the surface.
Condensate generated from gas control systems may be recirculated into the
landfill provided the landfill complies with the liner and leachate control
systems requirements of this part. Condensate collected in condensate traps and
drained by gravity into the waste mass will not be considered
recirculation.
4.
Extensive systems to control emissions of nonmethane organic compounds may be
required under the Clean Air Act (
40 CFR
60.33c and
40 CFR
60.750) and
9VAC5-40-5800. Facilities that are
required to construct and operate systems designed to comply with those
regulations will be considered to be in compliance with the requirements of
subdivisions C 3 a and b of this subsection, unless monitoring data continues
to indicate an exceedance of compliance levels. Gas control systems also may be
subject to the Virginia Permits for Stationary Sources Program 9VAC5-80 or
other state air pollution control regulations.
5. The landfill shall notify the department
of an exceedance of the compliance level or unusual condition that may endanger
human health and the environment in accordance with
9VAC20-81-530 C 3, such as when an
active gas remediation system is no longer operating in such a manner as to
maintain compliance with this section.
D. Odor management.
1. When an odor nuisance or hazard is created
under normal operating conditions and upon notification from the department,
the permittee shall, within 90 days, develop and implement an odor management
plan to address odors that may impact citizens beyond the facility boundaries.
The permittee shall place the plan in the operating record and a copy shall be
submitted to the department for its records. Odor management plans developed in
accordance with Virginia Air Regulations,
9VAC5-40-140,
9VAC5-50-140 or other state air
pollution control regulations will suffice for the provisions of this
subsection.
2. The plan shall
identify a contact at the landfill that citizens can notify about odor
concerns.
3. Facilities shall
perform and document an annual review and update the odor management plan, as
necessary, to address ongoing odor management issues.
E. Recordkeeping. The owner or operator shall
keep the records of the results of gas monitoring and any gas remediation
issues throughout the active life of the landfill and the postclosure care
period. The records shall include:
1. The
concentrations of the methane as measured at each probe and within each onsite
structure;
2. The documentation of
date, time, barometric pressure, atmospheric temperatures, general weather
conditions, and probe pressures;
3.
The names of sampling personnel, apparatus utilized, and a brief description of
the methods used;
4. A numbering
system to correlate monitoring results to a corresponding probe location;
and
5. Monitoring and design
records for any gas remediation or control system.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
6941 et seq.; 40 CFR Part 258.