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)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)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.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)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)(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: NR 440.75(8)(g)1.1. 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. NR 440.75(8)(g)2.2. 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. NR 440.75(8)(g)3.3. 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. NR 440.75(8)(g)4.4. 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. NR 440.75(8)(g)5.5. 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. NR 440.75(9)(a)(a) Except as provided in sub. (3) (b) 2. a. 2), each owner or operator of an MSW landfill subject to the provisions of sub. (3) (b) shall keep for at least 5 years up-to-date, readily accessible, on-site records of the design capacity report which triggered sub. (3) (b), the current amount of solid waste in-place, and the year-by-year waste acceptance rate. Off-site records may be maintained if they are retrievable within 4 hours. Either paper copy or electronic formats are acceptable. NR 440.75(9)(b)(b) Except as provided in sub. (3) (b) 2. a. 2), each owner or operator of a controlled landfill shall keep up-to-date, readily accessible records for the life of the control equipment of the data listed in subds. 1. to 4. as measured during the initial performance test or compliance determination. Records of subsequent tests or monitoring shall be maintained for a minimum of 5 years. Records of the control device vendor specifications shall be maintained until removal. The data is as follows: NR 440.75(9)(b)1.1. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) 2. b., the following: NR 440.75(9)(b)1.a.a. The maximum expected gas generation flow rate as calculated in sub. (6) (a) 1. The owner or operator may use another method to determine the maximum gas generation flow rate if the method has been approved by the department. NR 440.75(9)(b)1.b.b. The density of wells, horizontal collectors, surface collectors or other gas extraction devices determined using the procedures specified in sub. (10) (a) 1. NR 440.75(9)(b)2.2. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) 2. c. through use of an enclosed combustion device other than a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts, the following: NR 440.75(9)(b)2.a.a. The average combustion temperature measured at least every 15 minutes and averaged over the same time period of the performance test. NR 440.75(9)(b)3.3. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) 2. c. 2) a) through use of a boiler or process heater of any size, a description of the location at which the collected gas vent stream is introduced into the boiler or process heater over the same time period of the performance testing. NR 440.75(9)(b)4.4. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) 2. c. 1) through use of an open flare, the flare type (i.e., steam-assisted, air-assisted or nonassisted), all visible emission readings, heat content determination, flow rate or bypass flow rate measurements, exit velocity determinations made during the performance test as specified in s. NR 440.18, continuous records of the flare pilot flame or flare flame monitoring and records of all periods of operations during which the pilot flame or the flare flame is absent. NR 440.75(9)(c)(c) Except as provided in sub. (3) (b) 2. a. 2), each owner or operator of a controlled landfill subject to the provisions of this section shall keep for 5 years up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored in sub. (7) as well as up-to-date, readily accessible records for periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. Each owner or operator shall do the following: NR 440.75(9)(c)1.a.a. For enclosed combustors except for boilers and process heaters with design heat input capacity of 44 megawatts, (150 million British thermal units per hour) or greater, all 3-hour periods of operation during which the average combustion temperature was more than 28°C below the average combustion temperature during the most recent performance test at which compliance with sub. (3) (b) 2. c. was determined. NR 440.75(9)(c)1.b.b. For boilers or process heaters, any change in the location at which the vent stream is introduced into the flame zone as required under par. (b) 3. NR 440.75(9)(c)2.2. Keep up-to-date, readily accessible continuous records of the indication of flow to the control device or the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines, specified under sub. (7). NR 440.75(9)(c)3.3. If using a boiler or process heater with a design heat input capacity of 44 megawatts or greater to comply with sub. (3) (b) 2. c., keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater. NR 440.75 NoteNote: Examples of records of operation include records of steam use, fuel use or monitoring data collected pursuant to other department or federal regulatory requirements.
NR 440.75(9)(c)4.4. If seeking to comply with the provisions of this section by use of an open flare, keep up-to-date, readily accessible continuous records of the flame or flare pilot flame monitoring specified under sub. (7) (c), and up-to-date, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent. NR 440.75(9)(d)(d) Except as provided in sub. (3) (b) 2. a. 2), keep for the life of the collection system an up-to-date, readily accessible plot map showing each existing and planned collector in the system and providing a unique identification location label for each collector. NR 440.75(9)(e)(e) Each owner or operator subject to the provisions of this section shall keep up-to-date, readily accessible records of the installation date and location of all newly installed collectors as specified under sub. (6) (b). NR 440.75(9)(f)(f) Each owner or operator subject to the provisions of this section shall keep readily accessible documentation of the nature, date of deposition, amount and location of asbestos-containing or nondegradable waste excluded from collection as provided in sub. (10) (a) 3. a. as well as any nonproductive areas excluded from collection as provided in sub. (10) (a) 3. b. NR 440.75(9)(g)(g) Except as provided in sub. (3) (b) 2. a. 2), each owner or operator subject to the provisions of this section shall keep for at least 5 years up-to-date, readily accessible records of all collection and control system exceedances of the operational standards in sub. (4), the reading in the subsequent month whether or not the second reading is an exceedance, and the location of each exceedance. NR 440.75(9)(h)(h) Landfill owners or operators who convert design capacity from volume to mass or mass to volume to demonstrate that landfill design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, as provided in the definition of “design capacity”, shall keep readily accessible, on-site records of the annual recalculation of site-specific density, design capacity, and the supporting documentation. Off-site records may be maintained if they are retrievable within 4 hours. Either paper copy or electronic formats are acceptable. NR 440.75(10)(a)(a) Each owner or operator seeking to comply with sub. (3) (b) 2. a. shall site active collection wells, horizontal collectors, surface collectors or other extraction devices at a sufficient density throughout all gas producing areas using the following procedures unless alternative procedures have been approved by the department as provided in sub. (3) (b) 2. a. 3) and 4): NR 440.75(10)(a)1.1. The collection devices within the interior and along the perimeter areas shall be certified to achieve comprehensive control of surface gas emissions by a professional engineer. The design for the collection system shall address depths of refuse, refuse gas generation rates and flow characteristics, cover properties, gas system expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end use, air intrusion control, corrosion resistance, fill settlement and resistance to the refuse decomposition heat. NR 440.75(10)(a)2.2. The sufficient density of gas collection devices determined in subd. 1. shall address landfill gas migration issues and augmentation of the collection system through the use of active or passive systems at the landfill perimeter or exterior. NR 440.75(10)(a)3.3. The placement of gas collection devices determined in subd. 1. shall control all gas producing areas, except as follows: NR 440.75(10)(a)3.a.a. Any segregated area of asbestos or nondegradable material may be excluded from collection if documented as provided under sub. (9) (f). The documentation shall provide the nature, date of deposition, location and amount of asbestos or nondegradable material deposited in the area, and shall be provided to the department upon request. NR 440.75(10)(a)3.b.b. Any nonproductive area of the landfill may be excluded from control, provided that the total of all excluded areas can be shown to contribute less than 1% of the total amount of NMOC emissions from the landfill. The amount, location and age of the material shall be documented and provided to the department upon request. A separate NMOC emissions estimate shall be made for each section proposed for exclusion, and the sum of all the sections shall be compared to the NMOC emissions estimate for the entire landfill. Emissions from each section shall be computed using the following equation: where:
Qi is the NMOC emission rate from the ith section in megagrams 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 the degradable solid waste in the ith section in megagram
ti is the age of the solid waste in the ith section in years
CNMOC is the concentration of nonmethane organic compounds in parts per million by volume
3.6 x 10-9 is a conversion factor
NR 440.75(10)(a)4.4. When calculating emissions using the equation in subd. 3. b., the values for k and CNMOC determined in field testing shall be used if field testing has been performed in determining the NMOC emission rate or the radii of influence (the distance from the well center to a point in the landfill where the pressure gradient applied by the blower or compressor approaches zero). If field testing has not been performed, the default values for k, Lo and CNMOIC provided in sub. (5) (a) 1. or the alternative values from sub. (5) (a) 5. shall be used. The mass of nondegradable solid waste contained within the given section may be subtracted from the total mass of the section when estimating emissions provided the nature, location, age and amount of the nondegradable material is documented as provided in subd. 3. a. NR 440.75(10)(b)(b) Each owner or operator seeking to comply with sub. (3) (b) 2. a. 1) shall construct the gas collection devices using the following equipment or procedures: NR 440.75(10)(b)1.1. The landfill gas extraction components shall be constructed of polyvinyl chloride, high density polyethylene pipe, fiberglass, stainless steel or other nonporous corrosion resistant material of suitable dimensions to convey projected amounts of gases; withstand installation, static and settlement forces; and withstand planned overburden or traffic loads. The collection system shall extend as necessary to comply with emission and migration standards. Collection devices such as wells and horizontal collectors shall be perforated to allow gas entry without head loss sufficient to impair performance across the intended extent of control. Perforations shall be situated with regard to the need to prevent excessive air infiltration. NR 440.75(10)(b)2.2. Vertical wells shall be placed so as not to endanger underlying liners and shall address the occurrence of water within the landfill. Holes and trenches constructed for piped wells and horizontal collectors shall be of sufficient cross-section so as to allow for their proper construction and completion including, for example, centering of pipes and placement of gravel backfill. Collection devices shall be designed so as not to allow indirect short circuiting of air into the cover or refuse into the collection system or gas into the air. Any gravel used around pipe perforations should be of a dimension so as not to penetrate or block perforations. NR 440.75(10)(b)3.3. Collection devices may be connected to the collection header pipes below or above the landfill surface. The connector assembly shall include a positive closing throttle valve, any necessary seals and couplings, access couplings and at least one sampling port. The collection devices shall be constructed of polyvinyl chloride, high density polyethylene, fiberglass, stainless steel or other nonporous material of suitable thickness. NR 440.75(10)(c)(c) Each owner or operator seeking to comply with sub. (3) (b) 2. a. 1) shall convey the landfill gas to a control system, in compliance with sub. (3) (b) 2. c., through the collection header pipes. The gas mover equipment shall be sized to handle the maximum gas generation flow rate expected over the intended use period of the gas moving equipment using the following procedures: NR 440.75(10)(c)1.1. For existing collection systems, the flow data shall be used to project the maximum flow rate. If no flow data exists, the procedures in subd. 2. shall be used. NR 440.75 HistoryHistory: CR 06-109: cr. Register May 2008 No. 629, eff. 6-1-08; corrections in (3) (d) 2., (5) (b) 1., and (8) (e) 2. made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629. NR 440.76NR 440.76 Small municipal waste combustion units for which construction is commenced after August 30, 1999 or for which modification or reconstruction is commenced after June 6, 2001. This section establishes new source performance standards for new small municipal waste combustion units. Some of the requirements in this section apply during municipal waste combustion unit planning and shall be completed before construction is commenced on the municipal waste combustion unit. In particular, the preconstruction requirements in subs. (3) and (4) shall be completed prior to commencing construction. Other requirements, such as the emission limits, apply when the municipal waste combustion unit begins operation. NR 440.76 NoteNote: For purposes of this section “I”, ”my”, “you” or “your”, refers to the owner or operator of a municipal waste combustion unit or the applicant for a permit to construct a municipal waste combustion unit, unless the context indicates otherwise. (See the definitions in sub. (2) (z) and (zm).)
