Chapter NR 440

k is the methane generation rate constant in year-1

t is the age of the landfill at equipment installation plus the time the owner or operator intends to use the gas mover equipment or active life of the landfill, whichever is less. If the equipment is installed after closure, t is the age of the landfill at installation in years.

C is the time since closure in years. For an active landfill c = 0 and e-kc = 1.

NR 440.75(6)(a)1.b. b. For sites with known year-to-year solid waste acceptance rate:

å

=

=

where:

Qm is the maximum expected gas generation flow rate in cubic meters per year

k is the methane generation rate constant in year-1

Lo is the methane generation potential in cubic meters per megagram of solid waste

Mi is the mass of solid waste in the ith section in megagrams

ti is the age of the ith section in years

NR 440.75(6)(a)2. 2. If a collection and control system has been installed, actual flow data may be used to project the maximum expected gas generation flow rate instead of, or in conjunction with, the equation in subd. 1. a. or b. If the landfill is still accepting waste, the actual measured flow data will not equal the maximum expected gas generation rate, so calculations using the equation in subd. 1. a. or b. or other methods shall be used to predict the maximum expected gas generation rate over the intended period of use of the gas control system equipment.

NR 440.75(6)(a)3. 3. For the purposes of determining sufficient density of gas collectors for compliance with sub. (3) (b) 2. b. 1) b), the owner or operator shall design a system of vertical wells, horizontal collectors or other collection devices, satisfactory to the department, capable of controlling and extracting gas from all portions of the landfill sufficient to meet all operational and performance standards.

NR 440.75(6)(a)4. 4. For the purpose of demonstrating whether the gas collection system flow rate is sufficient to determine compliance with sub. (3) (b) 2. b. 1) c), the owner or operator shall measure gauge pressure in the gas collection header at each individual well, monthly. If a positive pressure exists, action shall be initiated to correct the exceedance within 5 calendar days, except for the 3 conditions allowed under sub. (4) (a) 2. If negative pressure cannot be achieved without excess air infiltration within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial measurement of positive pressure. Any attempted corrective measure may not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the department for approval.

NR 440.75(6)(a)5. 5. Owners or operators are not required to expand the system as required in subd. 4. during the first 180 days after gas collection system startup.

NR 440.75(6)(a)6. 6. For the purpose of identifying whether excess air infiltration into the landfill is occurring, the owner or operator shall monitor each well monthly for temperature and nitrogen or oxygen as provided in sub. (4) (a) 3. If a well exceeds one of these operating parameters, action shall be initiated to correct the exceedance within 5 calendar days. If correction of the exceedance cannot be achieved within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial exceedance. Any attempted corrective measure may not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the department for approval.

NR 440.75(6)(a)7. 7. An owner or operator seeking to demonstrate compliance with sub. (3) (b) 2. b. 1) d) through the use of a collection system not conforming to the specifications provided in sub. (10) shall provide information satisfactory to the department as specified in sub. (3) (b) 2. a. 3) demonstrating that off-site migration is being controlled.

NR 440.75(6)(b) (b) For purposes of compliance with sub. (4) (a) 1., each owner or operator of a controlled landfill shall place each well or design component as specified in the approved design plan as provided in sub. (3) (b) 2. a. Each well shall be installed no later than 60 days after the date on which the initial solid waste has been in place for a period of one of the following:

NR 440.75(6)(b)1. 1. 5 years if active.

NR 440.75(6)(b)2. 2. 2 years if closed or at final grade.

NR 440.75(6)(c) (c) The following procedures shall be used for compliance with the surface methane operational standard as provided in sub. (4) (a) 4.:

NR 440.75(6)(c)1. 1. After installation of the collection system, the owner or operator shall monitor surface concentrations of methane along the entire perimeter of the collection area and along a pattern that traverses the landfill at 30 meter intervals, or along a site-specific established spacing, for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specifications provided in par. (d).

NR 440.75(6)(c)2. 2. The background concentration shall be determined by moving the probe inlet upwind and downwind outside the boundary of the landfill at a distance of at least 30 meters from the perimeter wells.

NR 440.75(6)(c)3. 3. Surface emission monitoring shall be performed in accordance with section 4.3.1 of Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), except that the probe inlet shall be placed within 5 to 10 centimeters of the ground. Monitoring shall be performed during typical meteorological conditions.

NR 440.75(6)(c)4. 4. Any reading of 500 parts per million or more above background at any location shall be recorded as a monitored exceedance and the actions specified in this subdivision shall be taken. As long as the specified actions are taken, the exceedance is not a violation of the operational requirements of sub. (4) (a) 4. The actions are as follows:

NR 440.75(6)(c)4.a. a. The location of each monitored exceedance shall be marked and the location recorded.

NR 440.75(6)(c)4.b. b. Cover maintenance or adjustments to the vacuum of the adjacent wells to increase the gas collection in the vicinity of each exceedance shall be made and the location shall be re-monitored within 10 calendar days of detecting the exceedance.

NR 440.75(6)(c)4.c. c. If the re-monitoring of the location shows a second exceedance, additional corrective action shall be taken and the location shall be monitored again within 10 days of the second exceedance. If the re-monitoring shows a third exceedance for the same location, the action specified in subd. 4. e. shall be taken, and no further monitoring of that location is required until the action specified in subd. 4. e. has been taken.

NR 440.75(6)(c)4.d. d. Any location that initially showed an exceedance but has a methane concentration less than 500 ppm methane above background at the 10-day re-monitoring specified in subd. 4. b. or c. shall be re-monitored one month from the initial exceedance. If the 1-month remonitoring shows a concentration less than 500 parts per million above background, no further monitoring of that location is required until the next quarterly monitoring period. If the 1-month remonitoring shows an exceedance, the actions specified in subd. 4. c. or e. shall be taken.

NR 440.75(6)(c)4.e. e. For any location where monitored methane concentration equals or exceeds 500 parts per million above background 3 times within a quarterly period, a new well or other collection device shall be installed within 120 calendar days of the initial exceedance. An alternative remedy to the exceedance, such as upgrading the blower, header pipes or control device, and a corresponding timeline for installation may be submitted to the department for approval.

NR 440.75(6)(c)5. 5. The owner or operator shall implement a program to monitor for cover integrity and implement cover repairs as necessary on a monthly basis.

NR 440.75(6)(d) (d) Each owner or operator seeking to comply with the provisions in par. (c) shall comply with the following instrumentation specifications and procedures for surface emission monitoring devices:

NR 440.75(6)(d)1. 1. The portable analyzer shall meet the instrument specifications provided in section 3 of Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), except that “methane” shall replace all references to VOC.

NR 440.75(6)(d)2. 2. The calibration gas shall be methane, diluted to a nominal concentration of 500 parts per million in air.

NR 440.75(6)(d)3. 3. To meet the performance evaluation requirements in section 3.1.3 of Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), the instrument evaluation procedures of section 4.4 of Method 21 shall be used.

NR 440.75(6)(d)4. 4. The calibration procedures provided in section 4.2 of Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be followed immediately before commencing a surface monitoring survey.

NR 440.75(6)(e) (e) The provisions of this section apply at all times, except during periods of startup, shutdown or malfunction, provided that the duration of startup, shutdown or malfunction may not exceed 5 days for collection systems and may not exceed one hour for treatment or control devices.

NR 440.75(7) (7) Monitoring of operations. Except as provided in sub. (3) (b) 2. a. 2):

NR 440.75(7)(a) (a) Each owner or operator seeking to comply with sub. (3) (b) 2. b. 1) for an active gas collection system shall install a sampling port and a thermometer, other temperature measuring device, or an access port for temperature measurements at each wellhead and do all of the following:

NR 440.75(7)(a)1. 1. Measure the gauge pressure in the gas collection header on a monthly basis as provided in sub. (6) (a) 4.

NR 440.75(7)(a)2. 2. Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis as provided in sub. (6) (a) 6.

NR 440.75(7)(a)3. 3. Monitor temperature of the landfill gas on a monthly basis as provided in sub. (6) (a) 6.

NR 440.75(7)(b) (b) Each owner or operator seeking to comply with sub. (3) (b) 2. c. using an enclosed combustor shall calibrate, maintain and operate according to the manufacturer’s specifications, the following equipment:

NR 440.75(7)(b)1. 1. A temperature monitoring device equipped with a continuous recorder and having a minimum accuracy of ± 1% of the temperature being measured, expressed in degrees Celsius, or ± 0.5 degrees Celsius, whichever is greater. A temperature monitoring device is not required for boilers or process heaters with design heat input capacity equal to or greater than 44 megawatts.

NR 440.75(7)(b)2. 2. A device that records flow to or bypass of the control device. The owner or operator shall do one of the following:

NR 440.75(7)(b)2.a. a. Install, calibrate and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes.

NR 440.75(7)(b)2.b. b. Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

NR 440.75(7)(c) (c) Each owner or operator seeking to comply with sub. (3) (b) 2. c. using an open flare shall install, calibrate, maintain and operate according to the manufacturer’s specifications the following equipment:

NR 440.75(7)(c)1. 1. A heat sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light or the flame itself to indicate the continuous presence of a flame.

NR 440.75(7)(c)2. 2. A device that records flow to or bypass of the flare. The owner or operator shall do one of the following:

NR 440.75(7)(c)2.a. a. Install, calibrate and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes.

NR 440.75(7)(c)2.b. b. Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

NR 440.75(7)(d) (d) Each owner or operator seeking to demonstrate compliance with sub. (3) (b) 2. c. using a device other than an open flare or an enclosed combustor shall provide information satisfactory to the department as provided in sub. (3) (b) 2. a. 2) describing the operation of the control device, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The department shall review the information and either approve it or request that additional information be submitted. The department may specify additional appropriate monitoring procedures.

NR 440.75(7)(e) (e) Each owner or operator seeking to install a collection system that does not meet the specifications in sub. (10), or seeking to monitor alternative parameters to those required by subs. (4) to (6) or this subsection, shall provide information satisfactory to the department as provided in sub. (3) (b) 2. a. 2) and 3) describing the design and operation of the collection system, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The department may specify additional appropriate monitoring procedures.

NR 440.75(7)(f) (f) Each owner or operator seeking to demonstrate compliance with sub. (6) (c) shall monitor surface concentrations of methane according to the instrument specifications and procedures provided in sub. (6) (d). Any closed landfill that has no monitored exceedances of the operational standard in 3 consecutive quarterly monitoring periods may skip to annual monitoring. Any methane reading of 500 ppm or more above background detected during the annual monitoring shall return the frequency for that landfill to quarterly monitoring.

NR 440.75(8) (8) Reporting requirements. Except as provided in sub. (3) (b) 2. a. 2):

NR 440.75(8)(a) (a) Each owner or operator subject to the requirements of this section shall do all of the following:

NR 440.75(8)(a)1. 1. Submit to the department an initial design capacity report which fulfills the requirements of the notification of the date construction is commenced as required under s. NR 440.07 (1) (a) no later than one of the following:

NR 440.75(8)(a)1.a. a. June 10, 1996, for landfills that commenced construction, modification or reconstruction on or after May 30, 1991 but before March 12, 1996.

NR 440.75(8)(a)1.b. b. Ninety days after the date of commenced construction, modification or reconstruction for landfills that commence construction, modification or reconstruction on or after March 12, 1996.

NR 440.75(8)(a)2. 2. Ensure that the initial design capacity report submitted under subd. 1. contains the following information:

NR 440.75(8)(a)2.a. 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 an operating license issued under s. 289.31, Stats., by the department.

NR 440.75(8)(a)2.b. b. The maximum design capacity of the landfill. Where the maximum design capacity is specified in an operating license issued under s. 289.31, Stats., by the department, a copy of the operating license 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 operating license, the maximum design capacity shall be calculated using good engineering practices. The calculations shall be provided, along with the relevant parameters, as part of the report. The department may request other reasonable information as may be necessary to verify the maximum design capacity of the landfill.

NR 440.75(8)(a)3. 3. Submit an amended design capacity report to the department 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 2.5 million megagrams and 2.5 million cubic meters. This increase in design capacity may result from an increase in the volume of the landfill allowed in an operating license issued under s. 289.31, Stats., by the department, or an increase in the density as documented in the annual recalculation required in sub. (9) (h).

NR 440.75(8)(b) (b)

NR 440.75(8)(b)1. 1. Each owner or operator subject to the requirements of this section shall submit an NMOC emission rate report to the department initially and annually thereafter, except as provided for in subds. 2. and 4. The department may request additional information as may be necessary to verify the reported NMOC emission rate. The NMOC emission rate report shall contain an annual or 5-year estimate of the NMOC emission rate calculated using the formula and procedures provided in sub. (5) (a) or (b), as applicable. The initial NMOC emission rate report may be combined with the initial design capacity report required in par. (a) 1. and shall be submitted no later than one of the following:

NR 440.75(8)(b)1.a. a. June 10, 1996, for landfills that commenced construction, modification or reconstruction on or after May 30, 1991, but before March 12, 1996.

NR 440.75(8)(b)1.b. b. Ninety days after the date of commenced construction, modification or reconstruction for landfills that commence construction, modification or reconstruction on or after March 12, 1996.

NR 440.75(8)(b)2. 2. If the estimated NMOC emission rate as reported in the annual report to the department is less than 50 megagrams per year in each of the next 5 consecutive years, the owner or operator may elect to submit an estimate of the NMOC emission rate for the next 5-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 5 years for which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the department. This estimate shall be revised at least once every 5 years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the 5-year estimate, a revised 5-year estimate shall be submitted to the department. The revised estimate shall cover the 5-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.

NR 440.75(8)(b)3. 3. The NMOC emission rate report shall include all the data, calculations, sample reports and measurements used to estimate the annual or 5-year emissions.

NR 440.75(8)(b)4. 4. Each owner or operator subject to the requirements of this section is exempted from the requirements of subds. 1. to 3., after the installation of a collection and control system in compliance with sub. (3) (b) 2., during the time the collection and control system is in operation and in compliance with subs. (4) and (6).

NR 440.75(8)(c) (c) Each owner or operator subject to the provisions of sub. (3) (b) 2. a. shall submit a collection and control system design plan to the department within one year of the first report required under par. (b) in which the emission rate equals or exceeds 50 megagrams per year, except as follows:

NR 440.75(8)(c)1. 1. If the owner or operator elects to recalculate the NMOC emission rate after Tier 2 NMOC sampling and analysis as provided in sub. (5) (a) 3. and the resulting rate is less than 50 megagrams per year, annual periodic reporting shall be resumed, using the Tier 2 determined site-specific NMOC concentration, until the calculated emission rate is equal to or greater than 50 megagrams per year 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 50 megagrams per year.

NR 440.75(8)(c)2. 2. If the owner or operator elects to recalculate the NMOC emission rate after determining a site-specific methane generation rate constant, k, as provided in Tier 3 in sub. (5) (a) 4., and the resulting NMOC emission rate is less than 50 megagrams per year, annual periodic reporting shall be resumed. The resulting site-specific methane generation rate constant, k, shall be used in the emission rate calculation until the time the emissions rate calculation results in an exceedance. The revised NMOC emission rate report based on the provisions of sub. (5) (a) 4. and the resulting site-specific methane generation rate constant, k, shall be submitted to the department within one year of the first calculated emission rate exceeding 50 megagrams per year.

NR 440.75(8)(d) (d) Each owner or operator of a controlled landfill shall submit a closure report to the department within 30 days of waste acceptance cessation. The department may request additional information as may be necessary to verify that permanent closure has taken place in accordance with the requirements of 40 CFR 258.60. If a closure report has been submitted to the department, no additional wastes may be placed into the landfill without filing a notification of modification as described under s. NR 440.07 (1) (d).

NR 440.75(8)(e) (e)

NR 440.75(8)(e)1. 1. Each owner or operator of a controlled landfill shall submit an equipment removal report to the department 30 days prior to removal or cessation of operation of the control equipment. The equipment removal report shall contain all of the following items:

NR 440.75(8)(e)1.a. a. A copy of the closure report submitted in accordance with par. (d).

NR 440.75(8)(e)1.b. b. A copy of the initial performance test report demonstrating that the 15 year minimum control period has expired.

NR 440.75(8)(e)1.c. c. Dated copies of 3 successive NMOC emission rate reports demonstrating that the landfill is no longer producing 50 megagrams or greater of NMOC per year.

NR 440.75(8)(e)2. 2. The department may request additional information as may be necessary to verify that all of the conditions for removal in sub. (3) (b) 3. have been met.

NR 440.75(8)(f) (f) Each owner or operator of a landfill seeking to comply with sub. (3) (b) 2. using an active collection system designed in accordance with sub. (3) (b) 2. b. shall submit to the department annual reports of the recorded information in subds. 1. to 6. 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 performance test report required under s. NR 440.08. For enclosed combustion devices and flares, reportable exceedances are defined under sub. (9) (c). The information which shall be recorded is as follows:

NR 440.75(8)(f)1. 1. Value and length of time for exceedance of applicable parameters monitored under sub. (7) (a) to (d).

NR 440.75(8)(f)2. 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 sub. (7).

NR 440.75(8)(f)3. 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.

NR 440.75(8)(f)4. 4. Description and duration of all periods when the collection system was not operating in excess of 5 days.

NR 440.75(8)(f)5. 5. The location of each exceedance of the 500 parts per million methane concentration as provided in sub. (4) (a) 4. and the concentration recorded at each location for which an exceedance was recorded in the previous month.

NR 440.75(8)(f)6. 6. The date of installation and the location of each well or collection system expansion added pursuant to sub. (6) (a) 4., (b) and (c) 4.

NR 440.75(8)(g) (g) Each owner or operator seeking to comply with sub. (3) (b) 2. c. shall include the following information with the initial performance test report required under s. NR 440.08: