NR 440.75
NR 440.75 Municipal solid waste landfills. NR 440.75(1)(1)
Applicability and designation of affected facility. NR 440.75(1)(a)(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.
NR 440.75(1)(b)
(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
6992k) or
chs. NR 700 to
750 are not considered construction, reconstruction or modification for purposes of this section.
NR 440.75(2)
(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:
NR 440.75(2)(a)
(a) “Active collection system" means a gas collection system that uses gas mover equipment.
NR 440.75(2)(b)
(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.
NR 440.75(2)(c)
(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.
NR 440.75(2)(d)
(d) “Closure" means that point in time when a landfill becomes a closed landfill.
NR 440.75(2)(e)
(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.
NR 440.75(2)(f)
(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.
NR 440.75(2)(g)
(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.
NR 440.75(2)(h)
(h) “Disposal facility" means all contiguous land and structures, other appurtenances and improvements on the land used for the disposal of solid waste.
NR 440.75(2)(i)
(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.
NR 440.75(2)(j)
(j) “Enclosed combustor" means an enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air.
NR 440.75(2)(k)
(k) “Flare" means an open combustor without enclosure or shroud.
NR 440.75(2)(L)
(L) “Gas mover equipment" means the equipment (e.g. a fan, blower or compressor) used to transport landfill gas through the header system.
NR 440.75(2)(m)
(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).
NR 440.75(2)(n)
(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.
NR 440.75(2)(o)
(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.
NR 440.75(2)(p)
(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.
NR 440.75(2)(q)
(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.
NR 440.75(2)(r)
(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.
NR 440.75(2)(s)
(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.
NR 440.75(2)(t)
(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.
NR 440.75(2)(u)
(u) “NMOC" means nonmethane organic compounds, as measured according to the provisions of
sub. (5).
NR 440.75(2)(v)
(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.
NR 440.75(2)(w)
(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.
NR 440.75(2)(x)
(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.
NR 440.75(2)(y)
(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).
NR 440.75(2)(ym)
(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.
NR 440.75(2)(z)
(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.
NR 440.75(3)
(3) Standards for emissions from municipal solid waste landfills. NR 440.75(3)(a)(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:
NR 440.75(3)(a)1.
1. The owner or operator shall submit to the department an amended design capacity report, as provided for in
sub. (8) (a) 3.
NR 440.75(3)(a)2.
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).
NR 440.75(3)(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.
NR 440.75(3)(b)1.
1. If the calculated NMOC emission rate is less than 50 megagrams per year, the owner or operator shall do the following:
NR 440.75(3)(b)1.b.
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).
NR 440.75(3)(b)2.
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:
NR 440.75(3)(b)2.a.
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.
NR 440.75(3)(b)2.b.
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.
NR 440.75(3)(b)2.c.
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).
NR 440.75(3)(b)2.d.
d. Operate the collection and control device installed to comply with this section in accordance with the provisions of
subs. (4),
(6) and
(7).
NR 440.75(3)(b)3.
3. The collection and control system may be capped or removed provided that all of the following conditions are met:
NR 440.75(3)(b)3.a.
a. The landfill shall be a closed landfill. A closure report shall be submitted to the department as provided in
sub. (8) (d).
NR 440.75(3)(b)3.b.
b. The collection and control system shall have been in operation a minimum of 15 years.
NR 440.75(3)(b)3.c.
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.
NR 440.75(3)(c)
(c) For purposes of obtaining an operating permit under Title V of the Act (
42 USC 7661 to
7661f), 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:
NR 440.75(3)(c)1.
1. June 10, 1996 for MSW landfills that commenced construction, modification, or reconstruction on or after May 30, 1991 but before March 12, 1996.
NR 440.75(3)(c)2.
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.
NR 440.75(3)(d)
(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:
NR 440.75(3)(d)2.
2. The owner or operator meets the conditions for control system removal specified in
par. (b) 3.
NR 440.75(4)
(4) Operational standards for collection and control systems. NR 440.75(4)(a)(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:
NR 440.75(4)(a)1.
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:
NR 440.75(4)(a)2.
2. Operate the collection system with negative pressure at each wellhead except under the following conditions:
NR 440.75(4)(a)2.a.
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.
NR 440.75(4)(a)2.b.
b. Use of a geomembrane or synthetic cover. The owner or operator shall develop acceptable pressure limits in the design plan.
NR 440.75(4)(a)2.c.
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.
NR 440.75(4)(a)3.
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:
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.
