Current through Register Vol. 41, No. 3, September 23, 2024
A. The provisions
of 9VAC5-40-5840 (Notification,
records and reporting) apply.
B.
Except as provided in
9VAC5-40-5820 C 2 a (2), the
provisions of subsections C through I of this section apply.
C. Each owner subject to the requirements of
this article shall submit an initial design capacity report to the board.
1. The initial design capacity report shall
be submitted no later than June 30, 1999.
2. The initial design capacity report shall
contain 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 the
permit issued by the department under Part V (9VAC20-81-400 et seq.) of 9VAC20
Chapter 81 (Solid Waste Management Regulations);
b. The maximum design capacity of the
landfill. Where the maximum design capacity is specified in a permit issued by
the department under Part V (9VAC20-81-400 et seq.)
of 9VAC20 Chapter 81 (Solid Waste Management Regulations), a copy of the permit
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 permit,
the maximum design capacity shall be calculated using good engineering
practices acceptable to the board. The calculations shall be provided, along
with the relevant parameters as part of the report. The board may request other
reasonable information as may be necessary to verify the maximum design
capacity of the landfill.
3. An amended design capacity report shall be
submitted to the board 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 (i) 1.0 million megagrams and 1.0 million
cubic meters in the Northern Virginia Volatile Organic Compound Emissions
Control Area or (ii) 2.5 million megagrams and 2.5 million cubic meters in the
remaining areas of the Commonwealth. This increase in design capacity may
result from an increase in the permitted volume of the landfill or an increase
in the density as documented in the annual recalculation required in
9VAC5-40-5890 H.
D. Each owner subject to the
requirements of this article shall submit an NMOC emission rate report to the
board initially and annually thereafter, except as provided for in subdivisions
D 1 b or D 3 of this section. The board may request such additional information
as may be necessary to verify the reported NMOC emission rate.
1. The NMOC emission rate report shall
contain an annual or five-year estimate of the NMOC emission rate calculated
using the formula and procedures provided in
9VAC5-40-5860 B or C, as
applicable.
a. The initial NMOC emission rate
report shall be submitted by June 30, 1999, and may be combined with the
initial design capacity report required in subsection C of this section.
Subsequent NMOC emission rate reports shall be submitted annually thereafter,
except as provided for in subdivisions D 1 b and D 3 of this section.
b. If the estimated NMOC emission rate as
reported in the annual report to the board is less than (i) 23 megagrams per
year in the Northern Virginia Volatile Organic Compound Emissions Control Area
or (ii) 50 megagrams per year in the remaining areas of the Commonwealth in
each of the next five consecutive years, the owner may elect to submit an
estimate of the NMOC emission rate for the next five-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
five years for which an NMOC emission rate is estimated. All data and
calculations upon which this estimate is based shall be provided to the board.
This estimate shall be revised at least once every five years. If the actual
waste acceptance rate exceeds the estimated waste acceptance rate in any year
reported in the five-year estimate, a revised five-year estimate shall be
submitted to the board. The revised estimate shall cover the five-year period
beginning with the year in which the actual waste acceptance rate exceeded the
estimated waste acceptance rate.
2. The NMOC emission rate report shall
include all the data, calculations, sample reports and measurements used to
estimate the annual or five-year emissions.
3. Each owner subject to the requirements of
this article is exempted from the requirements of subdivisions D 1 and 2 of
this section, after the installation of a collection and control system in
compliance with
9VAC5-40-5820 C 2, during such time
as the collection and control system is in operation and in compliance with
9VAC5-40-5822 and
9VAC5-40-5850.
E. Each owner subject to the provisions of
9VAC5-40-5820 C 2 a shall submit a
collection and control system design plan to the board within one year of the
first report, required under subdivision D of this section, in which the
emission rate is greater than or equal to (i) 23 megagrams per year in the
Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50
megagrams per year in the remaining areas of the Commonwealth, except as
follows:
1. If the owner elects to recalculate
the NMOC emission rate after Tier 2 NMOC sampling and analysis as provided in
9VAC5-40-5860 B 3 and the resulting
rate is less than (i) 23 megagrams per year in the Northern Virginia Volatile
Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the
remaining areas of the Commonwealth, annual periodic reporting shall be
resumed, using the Tier 2 determined site-specific NMOC concentration, until
the calculated emission rate is greater than or equal to (i) 23 megagrams per
year in the Northern Virginia Volatile Organic Compound Emissions Control Area
or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, 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 the emission
rate applicability criteria.
2. If
the owner elects to recalculate the NMOC emission rate after determining a
site-specific methane generation rate constant (k), as provided in Tier 3 in
9VAC5-40-5860 B 4, and the
resulting NMOC emission rate is less than (i) 23 megagrams per year in the
Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50
megagrams per year in the remaining areas of the Commonwealth, annual periodic
reporting shall be resumed. The resulting site-specific methane generation rate
constant (k) shall be used in the emission rate calculation until such time as
the emissions rate calculation results in an exceedance. The revised NMOC
emission rate report based on the provisions of
9VAC5-40-5860 B 4 and the resulting
site-specific methane generation rate constant (k) shall be submitted to the
board within one year of the first calculated emission rate exceeding (i) 23
megagrams per year in the Northern Virginia Volatile Organic Compound Emissions
Control Area or (ii) 50 megagrams per year in the remaining areas of the
Commonwealth.
F. Each
owner of a controlled landfill shall submit a closure report to the board
within 30 days of waste acceptance cessation. The board may request additional
information as may be necessary to verify that permanent closure has taken
place in accordance with the requirements of
9VAC20-81-160. If a closure report
has been submitted to the board, no additional wastes may be placed into the
landfill without obtaining a permit issued by the department under Part V
(9VAC20-81-400 et seq.) of 9VAC20
Chapter 81 (Solid Waste Management Regulations).
G. Each owner of a controlled landfill shall
submit an equipment removal report to the board 30 days prior to removal or
cessation of operation of the control equipment.
1. The equipment removal report shall contain
all of the following items:
a. A copy of the
closure report submitted in accordance with subsection F of this
section;
b. A copy of the initial
compliance test report demonstrating that the 15-year minimum control period
has expired; and
c. Dated copies of
three successive NMOC emission rate reports demonstrating that the landfill is
no longer producing (i) 23 megagrams or greater of NMOC per year in the
Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50
megagrams or greater of NMOC per year in the remaining areas of the
Commonwealth.
2. The
board may request such additional information as may be necessary to verify
that all of the conditions for removal in
9VAC5-40-5820 C 2 e have been
met.
H. Each owner of a
landfill seeking to comply with
9VAC5-40-5820 C 2 using an active
collection system designed in accordance with
9VAC5-40-5820 C 2 b shall submit to
the board annual reports of the recorded information in subdivisions H 1
through H 6 of this section. 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 compliance test report. For enclosed
combustion devices and flares, reportable exceedances are defined under
9VAC5-40-5890 E.
1. Value and length of time for exceedance of
applicable parameters monitored under
9VAC5-40-5870 C, D, E, and
F.
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
9VAC5-40-5870.
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. All periods when the collection system was
not operating in excess of five days.
5. The location of each exceedance of the 500
parts per million methane concentration as provided in
9VAC5-40-5822 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 subdivisions C 3, D, and E 4 of
9VAC5-40-5850.
I. Each owner seeking to comply with
9VAC5-40-5820 C 2 a shall include
the following information with the initial compliance test report:
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; and
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; and
6. The
provisions for the control of off-site migration.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; §§
110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and
60.
