ILLINOIS POLLUTION CONTROL BOARD

June 17, 1998

IN THE MATTER OF

:

)

MUNICIPAL SOLID WASTE LANDFILLS - )

R98-28

NON-METHANE ORGANIC COMPOUNDS

)

(Rulemaking - Air)

35 ILL. ADM. CODE 201 .103, 201 .146, and

)

PART 220

)

Adopted Rule

.

Final Order .

OPINION AND ORDER OF THE BOARD (by R .C. Flemal) :

This matter comes before the Board upon a petition for rulemaking filed on March

13,

1998, by the Illinois Environmental Protection Agency (Agency)

.

The Agency requests that

the Board amend its air pollution control regulations to establish a program for the regulation

of emissions of non-methane organic compounds (NMOC) from certain existing municipal

solid waste landfills . These regulations are required pursuant to the Clean Air Act

Amendments of 1990 (CAA) (42 U .S.C. 7401-76719 (1990))

.

By today's action the Board

promulgates the regulations

.

The Board's responsibility in this matter arises from the Environmental Protection Act

(Act) (415 ILCS 5/1

et seq .

(1996)). The Board is charged therein to "determine, define and

implement the environmental control standards applicable in the State of Illinois ." 415 ILCS

5/5(b). More generally, the Board's rulemaking charge is based on the system of checks and

balances integral to Illinois environmental governance

:

the Board bears responsibility for the

rulemaking and principal adjudicatory functions ; the Agency has primary responsibility for

administration of the Act and the Board's regulations, including the regulations that are

adopted today .

Today's action is brought under Section 28.5 of the Act (415 ILCS 5/28.5 (1996)) .

Section 28.5 authorizes the Board to adopt via a "fast-track" procedure certain regulations

necessary for compliance with the CAA .

The United States Environmental Protection Agency

(USEPA) has established July 31, 1998, as the deadline for implementation of the instant rules

in Illinois .

BACKGROUND

On March 12, 1996, USEPA promulgated a new source performance standard (NSPS)

and an emission guideline (EG) for municipal waste landfills .

Petition Exhibit 1 at 9905-

9944.' Under the terms of the NSPS and EG, certain municipal waste landfills are required

to

Documents attached to the Agency's petition that are cited herein, are as follows

:

Attachment 7: Agency's Statement of Reasons

.

(Reasons)

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2

control NMOC to the level achievable by the best demonstrated system of continuous emission

reduction, considering costs, quality of health, and environmental and energy

impacts

.

The NSPS and EG are based on USEPA's determination that NMOC emissions from

municipal solid waste landfills cause, or contribute significantly to, air pollution that may

reasonably be anticipated to endanger public health or welfare

.

Pet. Exh. 1 at 9905. The

emissions of concern include volatile organic compounds that contribute to ozone formation,

hazardous air pollutants that can cause a variety of direct human health effects,

plus odorous

compounds. Pet. Exh. 1 at 9905

.

Section 111(d) of the CAA requires that States submit a plan for the control of

emissions from any source for which the United States Environmental Protection Agency

(USEPA) has promulgated a performance standard . The NSPS is directly implemented in

Illinois through the operation of Section 39 .5 of the Act

.

It accordingly needs no independent

promulgation by the Board . However, the EG does need independent promulgation and

implementation. Today's action is undertaken pursuant to that requirement . The amendments

as adopted contain standards and control requirements that are equivalent to those in the EG .

Pursuant to the EG, states were required to submit their implementation plans to

USEPA within nine months of promulgation of the EG

(i.e., by December 12, 1996) . Pet

.

Exh. 3. The Agency has sought and obtained extensions of this deadline pending resolution of

Attachment 10: "Technical Support Document for Controlling NMOC Emissions from

Existing Municipal Solid Waste Landfills," Air Quality Planning Section, Bureau of Air,

Illinois Environmental Protection Agency, January 1998

.

Tech. Sup. Doc .

Exhibit 1: "Standards of Performance for New Stationary Sources and Guidelines for Control

of Existing Sources : Municipal Solid Waste Landfills

:

Final Rule and Guideline," 61

Fed.

Reg

.

9905 (March 12, 1996). Pet. Exh. 1

Exhibit 2: "Standards of Performance for New Stationary Sources and Guidelines for Control

of Existing Sources: Municipal Solid Waste Landfills :

Proposed Rule, Guideline and Notice

of Public Hearing," 56

Fed. Reg

.

24469 (May 30, 1991). Pet. Exh . 2

Exhibit 3: Letter from Mary A . Gade, Director, Illinois EPA, to Valdas V. Adamkus,

Regional Administrator, Region V, U .S. Environmental Protection Agency (December 16,

1996). Pet. Exh. 3

Exhibit 7: Proposed Settlement Agreement, National Solid Wastes Management Association v .

Browner, et al

. (D.C

. Cir 1996) (No 96-1152). Pet. Exh.7

Exhibit 8: "Extension of Period of Submission of Section 111(d) Plans for Existing Municipal

Solid Waste (MSW) Landfills," 62

Fed. Reg .

236 (December 9, 1997) . Pet. Exh . 8

---

3

a federal court action in which the National Solid Wastes Management Association challenged

key provisions of the NSPS and EG. A proposed settlement has been reached in this matter

(Pet. Exh. 7), and USEPA has now established July 31, 1998, as the deadline for

implementation of the instant rules in Illinois

.

Pet. Exh. 8

.

PROCEDURAL HISTORY

Schedule and Hearings

By order of March 19, 1998, the Board adopted the proposal for immediate first notice,

as required of rulemaking proposals filed under Section 28 .5 of the Act

.

The Secretary of

State published first notice on April 10, 1998, at 22

Ill . Reg . 6466 and 6500 .

Further, as also required by Section 28 .5 of the Act, the Board in its March 19,

1998,

order adopted a fast-track schedule for the proceeding as follows

:

First Notice

First Hearing

Second Hearing

Third Hearing

Second Notice

(if 3rd hearing is canceled)

(if 3rd hearing is held)

Final Adoption

on or before March 27, 1998

on or before May 1, 1998

on or before May 13, 1998

on or before May 21, 1998

on or before July 21, 1998

on or before August 10, 1998

21 days after receipt of JCAR

certificate of no objection

Pursuant to this schedule the first hearing was held on May 1, 1998, in Chicago and the

second hearing was held on May 13, 1998, in Springfield

.2 Both hearings were before Board

Hearing Officer Catherine F. Glenn .

At the first hearing the Agency presented the testimony of Richard Forbes, Manager of

the Ozone Regulatory Unit at the Agency, and Yoginder Paul Mahajan, Environmental

Protection Engineer in the Air Quality Planning Section of the Agency . Mr. Forbes, who

oversaw the development of the proposal for the Agency, testified to the relationship between

the federal and State air regulatory programs, and the need for Illinois to adopt the regulations

.

Tr. at 10-22. Mr. Mahajan testified to the specific requirements of the proposed regulations,

including the necessary capture and control provisions, the technical feasibility

and cost

effectiveness of such controls, the potentially impacted sources, and the emissions

reduction

from implementation of the proposed rule provisions

. Tr. at 23-41 . One member of the

public, Mr. Lionel Trepanier, attended the hearing and asked questions of the Agency ; no

members of the public presented testimony .

2 The transcripts of the hearings are herein cited as "Tr . at _"- Pages 1-94 are from the May

1, 1998, hearing ; pages 95-120 are from the May 13, 1998, hearing

.

---

4

At the second hearing the Agency responded to several questions raised at the first

hearing. At the second hearing the Board also sought testimony regarding the Department

of

Commerce and Community Affairs' (DCCA) economic impact determination, in accord with

Public Act 90-489, effective January 1, 1998 ; no economic impact testimony was received

.

Tr. at 101

.

The third hearing, which had been tentatively scheduled for May 21, 1998, was

canceled as provided for at Section 28 .5(g)(3) of the Act . Tr. at 118 .

By order of June 4, 1998, the Board adopted the Agency's proposal for second notice

and forwarded the proposal to the Joint Committee on Administrative Rules (JCAR)

.

At its

June 16, 1998, meeting JCAR voted "no objection" to the proposed rules

.

Public Comments

The Board received two public comments during the first notice public comment

period. The first public comment, PC 1, was filed on April 14, 1998, by Jon Peacy of JPC

Consultants. The second public comment, PC 2, was filed on April 24, 1998, by John H

.

Turner, Divisional Vice-President for State Governmental Affairs of Browning-Ferris

Industries (BFI) .

Mr. Peacy expressed concern that rules governing NMOC emissions be the same for all

pollution control facilities that deal with and treat municipal solid waste, and in particular

that

they be the same for waste-to-energy incinerators as for landfills .

PC 1 at 1. The Agency

notes that with today's rules, NMOC from both incinerators and landfills is subject to emission

control technology, but that the CAA provides for different types of technology consistent

with

"the vastly different nature of emissions and how they are generated from these two types of

facilities." Tr. at 117. The Board agrees with the Agency

.

The BFI public comment is discussed below under the "Monitoring, Testing,

Reporting, and Recordkeeping Requirements" heading .

OVERVIEW

Applicability

Today's regulations apply to existing municipal waste landfill owners or operators

if

construction or modification of the landfill commenced before May 30,

1991, and the landfill

has accepted waste at any time since November 8, 1987, or has unused design capacity

.

See

Section 220 .200(a) . A landfill meeting these conditions may either be inactive or be currently

accepting waste. Tr. at 14

.

If construction, reconstruction or modification commenced on or after May 30,

1991,

today's regulations are not applicable .

Rather, the landfill is subject to the requirements of 40

---

5

C.F.R. 60, Subpart WWW. See Section 220.200(b)

.

Subpart WWW, which is the codified

NSPS, is directly implemented in Illinois through the operation of Section 39

.5 of the Act. It

accordingly is not included in today's regulations

.

The definitions of "construction" and "modification," as used in Part 220, are the

definitions that occur at 35 Ill . Adm. Code 201 .102 and 35 Ill. Adm. 220 .110, respectively .

At first notice the proposal also contained the term "reconstruction" in the applicability

statement at Section 220.200(a) .

At second notice the term "reconstruction" was deleted in

Section 220.200(a), based on the observation that it is not defined anywhere in the Board's

regulations, and the Agency's belief that it is unnecessary since the concept of "reconstruction"

does not apply to any existing landfill that is subject to today's regulations

.

Tr. at 110

.

However, this term is in the NSPS definitions at 40 C .F.R. 60.15 and is retained in Section

220.200(b) because USEPA retained the term with regard to NSPS applicability

.

Tr. at 110 .

The Board notes that today's regulations apply statewide

.

In this context, they are

unlike some other air regulations that have applicability limited to certain geographic areas of

the state . The Board further notes that although the focus of the instant regulations

is on

municipal solid waste landfills, they also apply to landfills that contain waste that is a mix of

household waste and other types of waste such as commercial or industrial solid waste

.

Tr. at

108-109; definition of "municipal solid waste" at Section 220 .110 .

Provisions Based on Landfill Capacity and Ouantitv ofEmissions

Today's regulations distinguish between larger and smaller landfills, as measured by the

design capacity of the landfill

.

See definition of "design capacity" at Section 220.110 . The

design capacity threshold is 2.5 million megagrams (Mg) measured in mass units or 2 .5 million

cubic meters (m) measured in volume units .

Today's regulations further distinguish among

the larger landfills based on their annual emission rate

.

The threshold for the annual emissions

is 50 Mg/yr of NMOC gases

.

Owners or operators of landfills that fall below the 2 .5 million Mg or the 2.5 million

m3 design capacity threshold are required only to submit an initial design capacity report to

affirm that the landfill falls below that threshold

.

See Section 220.210(a) .

Owners or operators of landfills that are equal to or above the 2 .5 million Mg or the

2.5 million m 3 design capacity thresholds are required to file both periodic emission rate

reports and an initial design capacity report .

See Section 220.210(b) . In addition, if the

emission rate reports indicate that the emissions are equal to or in excess of the 50 Mg/yr

threshold, the owner or operator is required to install a gas collection and control system. See

Section 220.210(d)(1). The larger part of today's regulations provide specific design,

operation, recordkeeping, and reporting requirements for these gas collection and control

systems .

Relationship to Clean Air Act Permit Program (CAAPP)

---

6

In addition to imposing control requirements on municipal landfills, the NSPS and EG

rules trigger the applicability of Illinois' Clean Air Act Permit Program (CAAPP) requirements

and the Annual Emission Report requirements for certain landfills that are not currently subject

to these requirements . Reasons at 10

.

This triggering is a result of provisions in the NSPS

and EG, and are not a consequence of this instant rulemaking

.

Prior to the adoption of the NSPS and the EG, municipal landfill owners and operators

were only required to address the CAAPP relative to emissions of criteria pollutants and

individual hazardous air pollutants

. Under the NSPS and EG, NMOC is now included in the

definition of "regulated air pollutant" and "specified air contaminant," which in turn can cause

applicability of CAAPP, depending upon whether the design capacity is greater or less

than the

2.5 million Mg and 2 .5 million m3 thresholds .

The Agency notes that the instant regulations do not contain any explicit requirement

that affected sources obtain a CAAPP permit .

Reasons at 23 . This is based on the Agency's

belief that existing law at Section 39 .5 of the Act and the Board's regulations at 35

III. Adm .

Code 201 are already sufficient for this purpose

.

Reasons at 23

.

Affected Facilities

The Agency believes that approximately 47 landfills are affected by today's regulations

.

Tr. at 15. These include 21 facilities that fall below the 2 .5 million Mg or 25 million m3

thresholds and 26 facilities that fall above the threshold

. Tr . at 16. The Agency further

believes that all of the latter 26 facilities have emissions greater than 50 Mg/yr, and hence are

subject to the gas collection and control system requirements . Tr . at 16

.

However, 25' of the 26 facilities that are subject to the gas collection and control

system requirements already have installed or have been issued Agency permits to install such

equipment.' Tr. at 112 . The Agency believes that these 25 landfills are likely to be in

substantial compliance with today's rules

.

Tr. at 76-79

.

Timeframes for Compliance

3

At the time of the May 1, 1998, hearing, the Agency did not yet have information on three of

the 26 landfills . Tr. at 111 . It thus reported that to its best knowledge 23 landfills had already

installed or been issued permits for gas collection and control systems

.

See, for example, Tr

.

at 22 and 76 . This number was revised at the May 13, 1998, hearing to 25 of the landfills

based upon additional information having been received about the last three landfills

. Tr. at

112

.

Certain new and existing landfills are required to operate landfill gas collection systems

for

the control of explosive and malodorous gas emissions under the Board's solid waste disposal

regulations at 35 Ill. Adm. Code Subtitle G

.

---

7

Design capacity reports are required no later than October 29, 1998 (which is 90 days

after the July 31, 1998, effective date)

.

See Section 220.280(a). Emission rate reports, where

required, also must be filed initially by October 29, 1998 (which is 90 days after the July 31,

1998, effective date), and annually thereafter on June 1 of each year . See Section 220.280(b)

.

Any existing facility that is subject to the gas collection and control system

requirements must attain compliance according to the following additional deadlines

:

filing of construction permit application -- one year after reporting that

NMOC emissions exceed the 50 Mg/yr threshold (See Section 220 .280(c)) ;

installation of gas collection and control system

-- 30 months (2 .5 years) after

reporting that NMOC emissions exceed the 50 Mg/yr threshold (See Section

220.210(d)) ; and

performance testing and submission of results

-- 180 days (6 months) after

startup of gas collection and control system (See Section 220.280(e)) .

The Agency notes that these provisions are intended to provide the affected facilities sufficient

time to evaluate the status of the facilities with respect to the thresholds, determine the need for

gas collection and control equipment, install and calibrate the system to meet the provisions

of

the regulations, and provide the Agency with sufficient documentation to ensure that subject

sources are in compliance with the rules

.

Tr. at 20-21 .

Definitions

The definitions that are included in today's regulations are derived mostly from the

NSPS and EG, the Act, and the Board's existing air and solid waste regulations

.

As such, they

are generally standard definitions that do not differ in intent from already established

definitions . A few of the terms warrant additional comment

.

"Inactive Landfill" and "Closed Landfill"

The proposal at first notice contained a definition for "closed landfill" that was derived

from the NSPS . As the Board observed at the May 1, 1998, hearing, this definition would

have applied to a landfill that was no longer accepting waste, but which had not completed

closure requirements are required under the Board's solid waste regulations at 35 Ill

. Adm .

Code. Subtitle G. Tr. at 57-61 . It would have thus been possible to have a landfill

characterized as "closed" under the instant regulations that was not "closed" under other

portions of the Board's regulations. The Agency agreed. Tr. at 104 .

Accordingly, at second notice the Board replaced the first notice term "closed landfill"

with "inactive landfill." The definition of "inactive landfill" is the definition proposed by the

---

8

Agency at the May 13, 1998, hearing

.

Tr. 106; Hearing Exh. 1 at 2

. 5

The Board believes

that this new definition addresses the concerns raised by the original definition

.

In conformity

with the new definition, today's regulations also use the term "closed landfill"

in all pertinent

places within the text of Part 220

.

See Sections 220.210(c)(2), 220.270(e), 220 .280(c)(1), and

220.280(c)(2)

.

"Design Capacity" and "Modification"

The terms "design capacity" and "modification" as included in the instant regulations

derive from the proposed settlement in National Solid Wastes Management Association v

.

Browner, et al . Pet. Exh . 7; See Section 220 .110

.

Although both terms are defined in the

NSPS and EG, they have been amended in the settlement agreement

.

The Agency

recommends, and the Board agrees, that the amended terms are the appropriate terms for

inclusion in this rule. The Agency notes that because the settlement agreement is not yet

final,

it is committed to returning to the Board for additional amendments as necessary to assure

that

the Illinois rule conforms with the final USEPA regulations

.

Reasons at 4 .

Standards for Gas Collection and Control Systems

The standards for gas collection and control systems, as presented in today's

regulations at Sections 220.220 through 220.250, conform to the standards presented in the

federal NSPS and EG, as required under the CAA at Section 111

.

They are design, operation,

and work practice standards rather than performance standards .

A performance standard for

gas collection systems is not appropriate because it is not technologically feasible to measure

the amount of gas available for collection, rather only to estimate how much gas is produced

.

Reasons at 9 ; Pet. Exh. 2 at 24448 .

The design, operation, and work practice standards are based on utilizing best

demonstrated technology (BDT), which USEPA has defined for municipal solid waste landfills

at 61

Fed. Reg .

9907 (Pet. Exh. 1 at 9907) as

:

1)

a well-designed and well-operated gas collection system, and

2)

a control system achieving 98 percent reduction of landfill

emissions for municipal landfills with emissions equal to or

greater than 50 Mg/yr

.

A well-designed and well-operated gas collection system is further defined as

:

1)

being capable of handling the maximum expected gas generation

rate,

5 Exhibits introduced by the Agency during the two hearings held in this matter are cited

as

"Hearing Exh. _ at

---

9

2)

having a design capable of monitoring and adjusting the operation

of the system, and

3)

being able to collect gas effectively from all areas of the landfill

that warrant control .

BDT allows for either passive or active collection systems

.

The Agency anticipates that

most systems will be active systems

.

Reasons at 16. The simplest acceptable control system

consists of an open flare . Pet. Exh. 1 at 9907 .

USEPA notes that open flares are applicable to

all affected and designated facilities regulated by the EG

.

Pet. Exh. 1 at 9907. If an owner or

operator chooses to use an energy recovery system instead of a flare system, the device

must

demonstrate either 98% NMOC reduction or an outlet NMOC concentration of 20 parts per

million by volume (ppmv) or less .

Pet. Exh. 1 at 9907

.

Alternate Control Systems and Alternate Emissions Standards

Today's regulations include provisions that allow an owner or operator to install an

alternate gas collection and control system or a system that meets an alternate emissions

standard. See Sections 220.220(d) and (e) .

The owner or operator proposing to install an

alternative system must demonstrate that the system achieves a control level equivalent to the

specified systems and must obtain approval from the Agency

.

See Section 220.220(d) .

An owner or operator seeking an alternate emissions standard, or an alternate

compliance schedule for an emissions standard, must do so through the Board's adjusted

standard procedure pursuant to Section 28.1 of the Act or a variance pursuant to Section 35 of

the Act .

Monitoring, Testing, Reporting, and Recordkeeping Requirements

As with the other major provisions of today's action, the monitoring, testing,

and

reporting requirements specified in the regulations at Sections 220 .260 through 220.290 are

derived from and closely track the provisions of the NSPS and EG .

Among the noteworthy testing provisions is the three-tiered method for calculating

NMOC emissions at Section 220.260(a)

.

The three-tiered system allows owners or operators

the option of relying on a simple default calculation of estimated emissions or progressively

more elaborate estimation procedures .

The tier 1 method produces a relatively conservative

emissions estimate. Tr. at 116 . The tier 2 and tier 3 methods produce more precise estimates,

but are more demanding of data

.

The regulations include a requirement that when estimations of gas emissions are made

via either tier 2 or tier 3, the estimates must be reported to the Agency on an annual basis .

See

Section 220.280(c)(1). BFI in PC 2 has raised the question of whether the NSPS and EG allow

for reporting NMOC emission on a five-year schedule, rather than an annual schedule

. The

Agency has responded, and the Board agrees, that the NSPS and EG require annual reporting

.

Tr. at 115-117 .

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10

ENVIRONMENTAL AND ECONOMIC CONSIDERATIONS

Landfill gas is produced within a landfill by microorganisms under anaerobic

conditions . It consists primarily of methane and carbon dioxide, with trace amounts of

NMOCs. The variety of NMOCs found in landfill gas are large, with as many as 100 different

species occurring . Pet. Exh. 1 at 9906 .

Among these NMOCs are compounds that have

specific health and welfare effects

.

Some NMOCs are volatile organic materials (VOM) that contribute to the formation of

ozone. Ozone is implicated in a wide range of adverse health effects, including alterations

in

pulmonary functions, aggravation of pre-existing respiratory disease, damage to lung

structures, and adverse effects on blood enzymes, the central nervous system,

and endocrine

systems. Pet. Exh. 2 at 24474 .

Ozone also has deleterious effects on welfare, including

reduced plant growth, decreased crop yield, necrosis of plant tissue, and deterioration of

certain synthetic materials such as rubber

.

Pet. Exh. 2 at 24474

.

The Agency estimates that the total uncontrolled VOM emissions from the 26 affected

landfills to be 2.15 tons per day, of which 1 .49 tons per day are in the Chicago Ozone

Nonattainment Area and 0.18 tons per day are in the Metro-East Ozone Nonattainment Area

.

Tr. at 39-40; Tech. Sup. Doc. at 12 .

The Agency calculates that the gas collection and control

systems required under today's rules provide a reduction in total VOM emissions from the 26

affected landfills down to 0 .57 tons per day, for a net reduction of 1 .1 tons per day in the

Chicago Ozone Nonattainment Area and 0 .13 tons per day in the Metro-East Ozone

Nonattainment Area. Tr. at 40; Tech Sup. Doc. at 12

.

Some NMOC emissions are hazardous air pollutants (HAPs), exposure to which can

cause effects including cancer, respiratory irritation, and damage to the nervous system. Pet .

Exh. 1 at 9905. Known or suspected carcinogens identified among landfill NMOC emissions

are benzene, carbon tetrachloride, chloroform, ethylene dichloride, methylene dichloride,

perchloroethylene, trichloroethylene, vinyl chloride, and vinylidene chloride

.

Pet. Exh. 2 at

24474. These and other landfill NMOCs have also been implicated in other, non-cancer health

effects. Pet. Exh. 2 at 24474 .

Another aspect of landfill NMOC emissions is offensive odor . The NMOCs are often

malodorous and unpleasant, and thereby produce various welfare impacts

.

Pet. Exh. 2 at

24474 .

The cost of the compliance with today's regulations should be relatively small because

all but one of the likely-affected landfills are already be in substantial compliance

with the

regulations. Tr. at 112. Although the Agency anticipates that some of the landfills will

require additional monitoring or slight modifications of existing or proposed gas collection

systems, it does not believe that these costs will be large

.

Tr. at 77-79

.

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1 1

For a facility that does not have a gas collection system in place, some perspective on

the worst case costs can be obtained from consideration of the estimated cost of removal of a

ton of NMOC. The Agency and USEPA estimate, based on nationwide figures, that the

average cost for removal of a ton of NMOC is $1,216

.6 Tr. at 114. This figure is based on

installation of a gas collection and flaring system as the control mechanism, and is corrected to

1998 costs. Tr. at 114. The Agency observes that a figure in the range of $1,000 per ton for

removal of air pollutants is on the low side of costs associated with recent air pollution control

programs. Tr. at 80. Recent ozone reduction rules have been based on removal costs

in the

range of $3,500 to $5,000 per ton, and other air rules have had removal costs close to $10,000

per ton. Tr. at 80-81

.

CHANGES FROM SECOND NOTICE

At JCAR's request, some minor changes regarding the effective date of this regulation

have been made since second notice. JCAR requested these changes to make the regulation

easier to read. Specifically, in Sections 220.210(d)(2) and 220.230(b)(2) "within 39 months of

July 31, 1998, the effective date of this Part," has been replaced with "by October 31, 2001 ."

In Section 220 .280(a)(1), "90 days after July 31, 1998, the effective date of this Part,"

has

been replaced with "October 29, 1998 ."

Lastly, in Section 220.280(b)(1), the part which

reads "within 90 days after July 31, 1998, the effective date of this Part" has been replaced

with "by October 29, 1998 ."

CONCLUSION

Based on the record developed in this matter, the Board believes that adoption of the

amendments to 35 Ill . Adm. Code as herein discussed and previously sent to first and second

notices is warranted

.

ORDER

The Board directs that the following amendments be submitted to the Secretary of State

for final notice publication in

the Illinois

Register

pursuant to Section 5-40 of the Illinois

Administrative Procedure Act

:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS

PART 201

6 At the May 1, 1998, hearing the Agency quoted a figure of $1,147 per ton, based on 1992

costs. At the May 13, 1998, hearing the Agency revised this figure to 1998 dollars

.

Tr. at

114

.

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12

PERMITS AND GENERAL PROVISIONS

SUBPART A: DEFINITIONS

Section

201 .101

Other Definitions

201 .102

Definitions

201 .103

Abbreviations and Units

201 .104

Incorporations by Reference

SUBPART B: GENERAL PROVISIONS

Section

201 .121

Existence of Permit No Defense

201 .122

Proof of Emissions

201 .123

Burden of Persuasion Regarding Exceptions

201 .124

Annual Report

201 .125

Severability

201 .126

Repealer

SUBPART C: PROHIBITIONS

Section

201 .141

Prohibition of Air Pollution

201 .142

Construction Permit Required

201.143

Operating Permits for New Sources

201.144

Operating Permits for Existing Sources

201.146

Exemptions from State Permit Requirements

201.147

Former Permits

201.148

Operation Without Compliance Program and Project Completion Schedule

201.149

Operation During Malfunction, Breakdown or Startups

201 .150

Circumvention

201.151

Design of Effluent Exhaust Systems

SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS

Section

201.152

Contents of Application for Construction Permit

201 .153

Incomplete Applications

201.154

Signatures

201.155

Standards for Issuance

201.156

Conditions

201.157

Contents of Application for Operating Permit

201.158

Incomplete Applications

201 .159

Signatures

---

13

201 .160

Standards for Issuance

201 .161

Conditions

201 .162

Duration

201 .163

Joint Construction and Operating Permits

201.164

Design Criteria

201.165

Hearings

201.166

Revocation

201.167

Revisions to Permits

201 .168

Appeals from Conditions

SUBPART E: SPECIAL PROVISIONS FOR OPERATING PERMITS FOR CERTAIN

SMALLER SOURCES

Section

201 .180

Applicability

201 .181

Expiration and Renewal

201.187

Requirement for a Revised Permit

SUBPART F: CAAPP PERMITS

Section

201 .207

Applicability

201 .208

Supplemental Information

201 .209

Emissions of Hazardous Air Pollutants

201 .210

Categories of Insignificant Activities or Emission Levels

201.211

Application for Classification as an Insignificant Activity

201.212

Revisions to Lists of Insignificant Activities or Emission Levels

SUBPART G: EXPERIMENTAL PERMITS

(Reserved)

SUBPART H: COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES

Section

201.241

Contents of Compliance Program

201.242

Contents of Project Completion Schedule

201.243

Standards for Approval

201.244

Revisions

201 .245

Effects of Approval

201 .246

Records and Reports

201 .247

Submission and Approval Dates

SUBPART I: MALFUNCTIONS, BREAKDOWNS OR STARTUPS

Section

---

14

201 .261

Contents of Request for Permission to Operate During a Malfunction,

Breakdown or Startup

201 .262

Standards for Granting Permission to Operate During a Malfunction,

Breakdown or Startup

201 .263

Records and Reports

201 .264

Continued Operation or Startup Prior to Granting of Operating Permit

201 .265

Effect of Granting of Permission to Operate During a Malfunction, Breakdown

or Startup

SUBPART J: MONITORING AND TESTING

Section

201.281

Permit Monitoring Equipment Requirements

201 .282

Testing

201.283

Records and Reports

SUBPART K: RECORDS AND REPORTS

Section

201.301

Records

201.302

Reports

SUBPART L: CONTINUOUS MONITORING

Section

201 .401

Continuous Monitoring Requirements

201 .402

Alternative Monitoring

201 .403

Exempt Sources

201 .404

Monitoring System Malfunction

201.405

Excess Emission Reporting

201.406

Data Reduction

201.407

Retention of Information

201.408

Compliance Schedules

201 .Appendix A

Rule into Section Table Appendix BSection into Rule Table Appendix

CPast Compliance Dates

AUTHORITY: Implementing Sections 10, 39, and 39 .5 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/10, 27, 39, and 39 .5]

.

SOURCE: Adopted as Chapter 2 : Air Pollution, Part I: General Provisions, in R71-23, 4 PCB

191, filed and effective April 14, 1972 ; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill

.

Reg.30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill . Reg. 1244, effective

January 21, 1983 ; codified at 7 Ill . Reg. 13579; amended in R82-1 (Docket A) at 10 Ill. Reg .

12628, effective July 7, 1986 ; amended in R87-38 at 13 Ill. Reg. 2066, effective February 3,

---

15

1989; amended in R89-7(A) at 13 Ill . Reg. 19444, effective December 5, 1989; amended in

R89-7(B) at 15 Ill . Reg. 17710, effective November 26, 1991 ; amended in R93-11 at 17 Ill .

Reg. 21483, effective December 7, 1993; amended in R94-12 at 18 Ill . Reg. 15002, effective

September 21, 1994 ; amended in R94-14 at 18 Ill . Reg. 15760, effective October 17, 1994 ;

amended in R96-17 at 21111 . Reg. 7878, effective June 17, 1997 ; amended in R98-28 at

111

.

Reg

. , effective

SUBPART A: DEFINITIONS

Section 201.103

Abbreviations and Units

a)

The following abbreviations have been used in this Part

:

btu or Btu

British thermal units (60°F)

gal

gallons

hp

horsepower

hr

hour

gal/mo

gallons per month

gal/yr

gallons per year

kPa

kilopascals

kPa absolute kilopascals absolute

kW

kilowatts

I

liters

Mg megagrams

m3 cubic meters

mm or M

million

MW

megawatts; one million watts

NMOC nonmethane organic compounds

psi

pounds per square inch

psia

pounds per square inch absolute

yr year

(Source: Amended at _ Ill . Reg

. , effective )

SUBPART C: PROHIBITIONS

b)

The following conversion factors have been used in this Part

:

English

Metric

1 gal

3.7851

1000 gal

3.785 mfcubic mctcrs

1 hp

0.7452 kW

1 mmbtu/hr

0.293 MW

1 psi

6.897 kPa

---

16

Section 201 .146

Exemptions from State Permit Requirements

Construction or operating permits, pursuant to Sections 201 .142, 201 .143 and 201 .144 of this

Part, are not required for the classes of equipment and activities listed below in this Section

.

The permitting exemptions in this Section do not relieve the owner or operator of any source

from any obligation to comply with any other applicable requirements, including the obligation

to obtain a permit pursuant to Sections 9 .1(d) and 39.5 of the Act, Sections 165, 173 and 502

of the Clean Air Act or any other applicable permit or registration requirements

.

a)

Air contaminant detectors or recorders, combustion controllers or combustion

shutoffs ;

b)

Air conditioning or ventilating equipment not designed to remove air

contaminants generated by or released from associated equipment ;

c)

Each fuel burning emission unit for indirect systems and for heating and

reheating furnace systems used exclusively for residential, or commercial

establishments using gas and/or fuel oil exclusively with a design heat input

capacity of less than 14.6 MW (50 mmbtu/hr)

, except that a permit shall be

required for any such emission unit with a design heat input capacity of at least

10 mmbtu/hr that was constructed, reconstructed or modified after June 9, 1989

and that is subject to 40 CFR 60, Subpart D

;

d)

Each fuel burning emission unit other than those listed in subsection (c) of this

Section for direct systems used for comfort heating purposes and indirect

heating systems with a design heat input capacity of less than 2930 kW (10

mmbtu/hr) ;

e)

Internal combustion engines or boilers (including the fuel system) of motor

vehicles, locomotives, air craft, watercraft, lifttrucks and other vehicles

powered by nonroad engines

;

f)

Bench scale laboratory equipment and laboratory equipment used exclusively for

chemical and physical analysis, including associated laboratory fume hoods,

vacuum producing devices and control devices installed primarily to address

potential accidental releases ;

Coating operations located at a source using not in excess of 18,925 1 (5,000

gal) of coating (including thinner) per year

;

g)

h)

Any emission unit acquired exclusively for domestic use, except that a permit

shall be required for any incinerator and for any fuel combustion emission unit

using solid fuel with a design heat input capacity of 14.6 MW (50 mmbtu/hr) or

more ;

---

i)

Any stationary internal combustion engine with a rated power output of less than

1118 kW (1500 horsepower), except that a permit shall be required for any

stationary gas turbine engine with a rated heat input at peak load of 10

.7

gigajoules/hr (10 mmbtu/hr) or more that is constructed, reconstructed or

modified after October 3, 1977 and that is subject to requirements of 40 CFR

60, Subpart GG ;

Rest room facilities and associated cleanup operations, and stacks or vents used

to prevent the escape of sewer gases through plumbing traps

;

j)

k)

Safety devices designed to protect life and limb, provided that a permit is not

otherwise required for the emission unit with which the safety device is

associated ;

1)

Storage tanks for liquids for retail dispensing except for storage tanks that are

subject to the requirements of 35 Ill. Adm. Code 215 .583(a)(2), 218 .583(a)(2)

or 219.583(a)(2) ;

m)

Printing operations with aggregate organic solvent usage that never exceeds

2,839 1 (750 gal) per year from all printing lines at the source, including organic

solvent from inks, dilutents, fountain solutions and cleaning materials ;

n)

Storage tanks of:

1)

Organic liquids with a capacity of less than 37,850 1 (10,000 gal),

provided the storage tank is not used to store any material listed as a

hazardous air pollutant pursuant to Section 112(b) of the Clean Air Act,

and provided the storage tank is not subject to the requirements of 35 Ill

.

Adm. Code 215.583(a)(2), 218.583(a)(2) or 219.583(a)(2) ;

2)

Any size containing exclusively soaps, detergents, surfactants, waxes,

glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup,

aqueous salt solutions or aqueous caustic solutions, provided an organic

solvent has not been mixed with such materials ; or

3)

Any size containing virgin or re-refined distillate oil, hydrocarbon

condensate from natural gas pipeline or storage systems, lubricating oil

or residual fuel oils

.

o)

Threaded pipe connections, vessel manways, flanges, valves, pump seals,

pressure relief valves, pressure relief devices and pumps ;

P)

17

Sampling connections used exclusively to withdraw materials for testing and

analyses

;

---

q)

18

All storage tanks of Illinois crude oil with capacity of less than 151,400 1

(40,000 gal) located on oil field sites

;

r)

All organic material-water single or multiple compartment effluent water

separator facilities for Illinois crude oil of vapor pressure of less than 34 .5 kPa

absolute (5 psia)

;

s)

Grain-handling operations, exclusive of grain-drying operations, with an annual

grain through-put not exceeding 300,000 bushels

;

t)

Grain-drying operations with a total grain-drying capacity not exceeding 750

bushels per hour for 5% moisture extraction at manufacturer's rated capacity,

using the American Society of Agricultural Engineers Standard 248 .2, Section

9, Basis for Stating Drying Capacity of Batch and Continuous-Flow Grain

Dryers ;

u)

Portable grain-handling equipment and one-turn storage space ;

v)

Cold cleaning degreasers that are not in-line cleaning machines, where the vapor

pressure of the solvents used never exceeds 2 kPa (15 mmHg or 0 .3 psi)

measured at 38°C (100°F) or 0 .7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F) ;

w)

Coin-operated dry cleaning operations

;

x)

Dry cleaning operations at a source that consume less than 30 gallons per month

of perchloroethylene

;

y)

Brazing, soldering, wave soldering or welding equipment, including associated

ventilation hoods ;

z)

Cafeterias, kitchens, and other similar facilities, including smokehouses, used

for preparing food or beverages, but not including facilities used in the

manufacturing and wholesale distribution of food, beverages, food or beverage

products, or food or beverage components

;

aa)

Equipment for carving, cutting, routing, turning, drilling, machining, sawing,

surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting,

shot peening, or polishing ceramic artwork, leather, metals (other than

beryllium), plastics, concrete, rubber, paper stock, wood or wood products,

where such equipment is either :

1)

Used for maintenance activity ;

2)

Manually operated

;

---

19

3)

Exhausted inside a building ; or

4)

Vented externally with emissions controlled by an appropriately operated

cyclonic inertial separator (cyclone), filter, electro-static precipitor or a

scrubber .

bb)

Feed mills that produce no more than 10,000 tons of feed per calendar year,

provided that a permit is not otherwise required for the source pursuant to

Section 201 .142, 201.143 or 201 .144

;

cc)

Extruders used for the extrusion of metals, minerals, plastics, rubber or wood,

excluding

:

1)

Extruders used in the manufacture of polymers ;

2)

Extruders using foaming agents or release agents that contain volatile

organic materials or Class I or II substances subject to the requirements

of Title VI of the Clean Air Act; and

3)

Extruders processing scrap material that was produced using foaming

agents containing volatile organic materials or Class I or II substances

subject to the requirements of Title VI of the Clean Air Act .

dd)

Furnaces used for melting metals, other than beryllium, with a brim full

capacity of less than 450 cubic inches by volume

;

ee)

Equipment used for the melting or application of less than 22,767 kg/yr (50,000

lbs/yr) of wax to which no organic solvent has been added ;

ff)

Equipment used for filling drums, pails or other packaging containers, excluding

aerosol cans, with soaps, detergents, surfactants, lubricating oils, waxes,

vegetable oils, greases, animal fats, glycerin, sweeteners, corn syrup, aqueous

salt solutions or aqueous caustic solutions, provided an organic solvent has not

been mixed with such materials

;

Loading and unloading systems for railcars, tank trucks, or watercraft that

handle only the following liquid materials: soaps, detergents, surfactants,

lubricating oils, waxes, glycerin, vegetable oils, greases, animal fats, sweetener,

corn syrup, aqueous salt solutions or aqueous caustic solutions, provided an

organic solvent has not been mixed with such materials

;

gg)

hh)

Equipment used for the mixing and blending of materials at ambient

temperatures to make water based adhesives, provided each material mixed or

blended contains less than 5% organic solvent by weight ;

---

jj)

pp)

qq)

3)

Coin operated .

20

ii)

Die casting machines where a metal or plastic is formed under pressure in a die

located at a source with a throughput of less than

2,000,000

lbs of metal or

plastic per year, in the aggregate, from all die casting machines

;

Air pollution control devices used exclusively with other equipment that is

exempt from permitting, as provided in this Section ;

kk)

An emission unit for which a registration system designed to identify sources

and emission units subject to emission control requirements is in place, such as

the registration system found at

35 Ill .

Adm. Code

218.586

(Gasoline

Dispensing Operations

- Motor Vehicle Fueling Operations) and

35 Ill .

Adm .

Code

218,

Subpart HH (Motor Vehicle Refinishing) ;

11)

Photographic process equipment by which an image is reproduced upon material

sensitized to radiant energy

;

mm)

Equipment used for hydraulic or hydrostatic testing ;

nn)

General vehicle maintenance and servicing activities conducted at a source,

motor vehicle repair shops, and motor vehicle body shops, but not including

:

1)

Gasoline fuel handling ; and

2)

Motor vehicle refinishing

.

oo)

Equipment using water, water and soap or detergent, or a suspension of

abrasives in water for purposes of cleaning or finishing, provided no organic

solvent has been added to the water ;

Administrative activities including, but not limited to, paper shredding, copying,

photographic activities and blueprinting machines . This does not include

incinerators ;

Laundry dryers, extractors, and tumblers processing that have been cleaned with

water solutions of bleach or detergents that are

:

1)

Located at a source and process clothing, bedding and other fabric items

used at the source, provided that any organic solvent present in such

items before processing that is retained from cleanup operations shall be

addressed as part of the VOM emissions from use of cleaning materials

;

2)

Located at a commercial laundry ; or

---

2 1

rr)

Housekeeping activities for cleaning purposes, including collecting spilled and

accumulated materials, including operation of fixed vacuum cleaning systems

specifically for such purposes, but not including use of cleaning materials that

contain organic solvent

;

ss)

Refrigeration systems, including storage tanks used in refrigeration systems, but

excluding any combustion equipment associated with such systems ;

tt)

Activities associated with the construction, on-site repair, maintenance or

dismantlement of buildings, utility lines, pipelines, wells, excavations,

earthworks and other structures that do not constitute emission units ;

uu)

Piping and storage systems for natural gas, propane and liquefied petroleum gas

;

vv)

Water treatment or storage systems, as follows :

1)

Systems for potable water or boiler feedwater

;

2)

Systems, including cooling towers, for process water, provided that such

water has not been in direct or indirect contact with process streams that

contain volatile organic material or materials listed as hazardous air

pollutants pursuant to Section 112(b) of the Clean Air Act

.

ww)

Lawn care, landscape maintenance and grounds keeping activities

;

xx)

Containers, reservoirs or tanks used exclusively in dipping operations to coat

objects with oils, waxes or greases, provided no organic solvent has been mixed

with such materials ;

yy)

Use of consumer products, including hazardous substances as that term is

defined in the Federal Hazardous Substances Act (15 U .S.C. 1261 et seq.),

where the product is used at a source in the same manner as normal consumer

use ;

zz)

Activities directly used in the diagnosis and treatment of disease, injury or other

medical condition ;

aaa)

Activities associated with the construction, repair or maintenance of roads or

other paved or open areas, including operation of street sweepers, vacuum

trucks, spray trucks and other vehicles related to the control of fugitive

emissions of such roads or other areas ;

bbb)

Storage and handling of drums or other transportable containers, where the

containers are sealed during storage and handling

;

---

22

ccc)

Activities at a source associated with the maintenance, repair or dismantlement

of an emission unit or other equipment installed at the source, not including the

shutdown of the unit or equipment, including preparation for maintenance,

repair or dismantlement, and preparation for subsequent startup, including

preparation of a shutdown vessel for entry, replacement of insulation, welding

and cutting, and steam purging of a vessel prior to startup ;

ddd)

Equipment used for corona arc discharge surface treatment of plastic with a

power rating of

5 kW

or less or equipped with an ozone destruction device ;

eee)

Equipment used to seal or cut plastic bags for commercial, industrial or

domestic use; and

fff)

Each direct-fired gas dryer used for a washing, cleaning, coating or printing

line, excluding

:

1)

Dryers with a rated heat input capacity of

2930 kW (10

mmbtu/hr) or

more ; and

2)

Dryers for which emissions other than those attributable to combustion

of fuel in the dryer, including emissions attributable to use or application

of cleaning agents, washing materials, coatings or inks or other process

materials that contain volatile organic material are not addressed as part

of the permitting of such line, if a permit is otherwise required for the

line-; and

ggg)

Municipal solid waste landfills with a maximum total design capacity of less

than

2.5

million Mg or

2.5

million m3 that are not required to install a gas

collection and control system pursuant to

35 Ill.

Adm. Code

220

or

800

through

849

or Section

9.1

of the Act .

(Source: Amended at _ Ill. Reg

.

effective )

TITLE

35

:

ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS

FOR STATIONARY SOURCES

PART

220

NONMETHANE ORGANIC COMPOUNDS

SUBPART A: GENERAL PROVISIONS

---

Section

220.100

Purpose

220.110

Definitions

220.120

Abbreviations

220.130

Incorporations by Reference

23

SUBPART B: MSW LANDFILLS

Section

220.200

Applicability

220.210

Compliance Requirements and Schedule

220.220

Gas Collection System Requirements

220.230

Gas Control System Requirements

220.240

Compliance Procedures for Gas Collection Systems

220.250

Operational Standards for Collection and Control Systems

220.260

Test Methods and Procedures

220.270

Monitoring of Operations

220.280

Reporting Requirements

220.290

Recordkeeping Requirements

AUTHORITY

:

Implementing and authorized By Sections 4, 9.1, 27, and 28 .5 of the

Illinois Environmental Protection Act [415 ILCS 5/4, 9 .1, 27, and 28.5] .

SOURCE

:

Adopted at

Ill. Reg

.

, effective

SUBPART A: GENERAL PROVISIONS

Section 220 .100

Purpose

This Part contains emission control requirements for municipal solid waste

(MSW) landfills in

accordance with section 111(d) and subpart B of the Clean Air Act .

Section 220.110

Definitions

The definitions in this Section apply only to the provisions of this

Part .

Unless otherwise

defined herein and unless a different meaning of a term is clear from its context,

the definitions

of terms used in this Part shall have the meanings specified by 35 Ill

. Adm. Code 201 .102,

211, and 810.103 .

"Active collection system" means a gas collection system that uses gas mover

equipment .

"Active landfill" means a landfill in which solid waste is being placed or a landfill that

is planning to accept waste in the future

.

---

24

"Commercial waste" means all types of solid waste generated by stores, offices,

restaurants, warehouses, and other nonmanufacturing activities, excluding household

and industrial wastes

.

"Controlled landfill" means any landfill at which collection and control systems are

required under this Part as a result of the NMOC emission rate . The landfill is

considered controlled at the time an application for a construction permit for a

collection and control system is submitted to the Agency in compliance with Sections

220.220 and 220 .230 of this Part

.

"Design capacity" means the maximum amount of solid waste a landfill can accept, as

indicated in terms of volume or mass, as specified in the permit(s) issued pursuant to

Section 21(d) of the Act for the source plus any in-place waste not accounted for in the

permit(s) ; if no design capacity is specified in a permit, then the design capacity shall

be calculated using good engineering practices ; or if the landfill is closed pursuant to

the applicable regulations in 35 Ill . Adm. Code.Subtitle G, the actual capacity specified

in the closure plan. 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 Mg or 2 .5 million m', the calculation must include a site-specific

density, which must be recalculated annually

.

"Disposal facility" means all contiguous land and structures, and improvements on the

land used for the disposal of solid waste . Portions of the disposal facility may be

separated by access roads .

"Emission rate cutoff" means the threshold annual emission rate to which a landfill

compares its estimated emission rate to determine if control under this Part is required

.

"Enclosed combustor" means an enclosed firebox . Examples include, but are not

limited to, an enclosed flare, a boiler, and an internal combustion engine

.

"Flare" means an open combustor without enclosure or shroud

.

"Gas mover equipment" means the equipment (i.e., fan, blower, compressor) used to

transport landfill gas through the header system .

"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)

.

"Inactive landfill" means a landfill in which solid waste is no longer being placed, and

that is no longer permitted to accept waste under Section 21 of the Act or has a

federally enforceable permit condition prohibiting the acceptance of additional waste

.

If an inactive landfill is subsequently permitted to accept additional waste and additional

---

25

solid waste is placed in the landfill, the landfill is no longer inactive

.

"Industrial waste" means solid waste generated by manufacturing or industrial

processes that is not a hazardous waste regulated under Subtitle C of RCRA, 40 CFR

264 and 265 . Such waste may include, but is not limited to, waste resulting from the

following manufacturing processes: electric power generation; fertilizer/agricultural

chemicals ; food and related products/by-products; inorganic chemicals; iron and steel

manufacturing; leather and leather products ; nonferrous metals

manufacturing/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. This term does not include mining waste or oil and gas waste

.

"Interior well" means any well or similar collection component located inside the

perimeter of the landfill . A perimeter well located outside the landfilled waste is not an

interior well .

"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, or an

underground injection well . For the purposes of this Part, landfills include waste piles

.

"Lateral expansion" means a horizontal expansion of the waste boundaries of an

existing MSW landfill . A lateral expansion is not a modification for the purposes of

filing an amended design capacity report pursuant to Section 220 .210(a) of this Part,

unless it results in an increase in the design capacity of the landfill

.

"Modification" means an increase in the permitted volume design capacity of the

landfill by either horizontal or vertical expansion

.

"Municipal solid waste (MSW)" means household waste

.

"Municipal solid waste (MSW) landfill" means an entire disposal facility or landfill in a

contiguous geographical space where household waste is placed in or on land . An

MSW landfill may also receive other types of RCRA Subtitle D wastes 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 or

operated

.

"Municipal solid waste (MSW) landfill emissions" means gas generated by

decomposition of organic waste deposited in an MSW landfill or derived from the

evolution of organic compounds in the waste

.

"Nondegradable waste" means any waste that does not decompose through chemical

breakdown or microbiological activity . Examples include, but are not limited to,

---

26

concrete, municipal waste combustor ash, and metals

.

"Nonmethane organic compounds (NMOC)" means nonmethane organic compounds,

as

measured according to the provisions of Section 220.260 of this Part

.

"Passive collection system" means a gas collection system that uses solely positive

pressure within the landfill to move the gas rather than using gas mover equipment

.

"Putrescible waste" means a solid waste that contains organic matter capable of being

decomposed by microorganisms so as to cause a malodor, gases, or other offensive

conditions, or which is capable of providing food for birds and vectors . Putrescible

wastes may form a contaminated leachate from microbiological degradation, chemical

processes, and physical processes

.

Putrescible waste includes, but is not limited to,

garbage, offal, dead animals, general household waste, and commercial waste

.

All

solid wastes that do not meet the definitions of inert or chemical wastes shall be

considered putrescible wastes .

"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

.

"Solid waste" means a waste that is defined as an inert waste, as a putrescible waste,

as

a chemical waste or as a special waste, and which is also not defined as a hazardous

waste pursuant to 35 Ill . Adm. Code 721 .

"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 Part

.

"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

.

Section 220.120

Abbreviations

Act

Illinois Environmental Protection Act

Agency

Illinois Environmental Protection Agency

Board

Illinois Pollution Control Board

°C

degrees Celsius or centigrade

cm

centimeters

CAAPP

Clean Air Act Permit Program

°F

degrees Fahrenheit

---

27

hr

hours

m

meters

m3

cubic meters

Mg

megagrams

mmbtu

million British thermal units

MSW

municipal solid waste

MW

megawatt; 1 million watts

NMOC

nonmethane organic compounds

NOx

nitrogen oxides

ppm

parts per million

ppmv

parts per million by volume

RCRA

Resource Conservation and Recovery Act

SIP

State Implementation Plan

USEPA

United States Environmental Protection Agency

VOC

volatile organic compounds

VOM

volatile organic material

yr

years

Section 220 .130

Incorporations by Reference

The following materials are incorporated by reference

.

These incorporations by

reference do not include any later amendments or

editions .

a)

Section 4 of Method 2E : Determination of Landfill Gas ; Gas Production Flow

Rate, 40 CFR 60, Appendix A (61 Fed. Reg. 9929 (March 12, 1996)) .

b)

Method 25C: Determination of Nonmethane Organic Compounds (NMOC) in

MSW Landfill Gases, 40 CFR 60, Appendix A (61 Fed . Reg. 9929 (March 12,

1996)) .

c)

Compilation of Air Pollutant Emission Factors (AP-42) the Technical Support

Division of OAQPS, EPA, MD-14, Research Triangle Park, NC 27711 (1997)

.

d)

Sections 3, 3.1 .3, 4 .2, 4.3.1, and 4.4 of Method 21 of Appendix A, 40 CFR 60

(1997)

.

e)

Method 3C, Appendix A, 40 CFR 60 (1997)

.

f)

Method 3A, Appendix A, 40 CFR 60 (1997)

.

g)

Method 18, Appendix A, 40 CFR 60 (1997) .

h)

General Control Device Requirements, 40 CFR 60 .18 (1997) .

SUBPART B: MSW LANDFILLS

---

Section 220.200

Applicability

28

a)

Except as provided in subsection (b) of this Section, an owner or operator of an

MSW landfill for which construction or modification commenced before May

30, 1991, is subject to the requirements of this Subpart if the landfill has

accepted waste at any time since November 8, 1987, or has additional design

capacity available for future waste deposition .

b)

Any MSW landfill that commenced construction, reconstruction, or modification

on or after May 30, 1991, is subject to the requirements of 40 CFR 60, Subpart

WWW, in lieu of the requirements of this Part

.

Section 220.210

Compliance Requirements and Schedule

a)

Each owner or operator of an MSW landfill having a design capacity less than

2.5 million Mg by mass or 2.5 million m3 by volume shall submit an initial

design capacity report to the Agency as provided in Section 220 .280(a) of this

Subpart. The owner or operator may calculate design capacity in either Mg or

m' for comparison with the exemption values . Any density conversions shall be

documented and submitted with the report . If the landfill is subsequently

modified, then the owner or operator shall submit to the Agency an amended

design capacity report as provided for in Section 220 .280(a)(3) of this Subpart .

Submittal of an initial design capacity report and, if applicable, an amended

design capacity report shall fulfill the requirements of this Subpart

. Pursuant to

Section 220.200(b) of this Subpart, modification of an MSW landfill will subject

it to the requirements of 40 CFR 60, Subpart WWW

.

b)

An owner or operator of an MSW landfill having a design capacity equal to or

greater than 2 .5 million Mg and 2.5 million m' shall submit an initial design

capacity report and initial emissions rate report to the Agency, as provided in

Section 220.280(a) and (b) of this Subpart, and comply with either subsection

(c) or (d) of this Section .

c)

For MSW landfills with an NMOC emissions rate less than 50 Mg/yr, the

owner or operator shall

:

1)

Submit an emission rate report, as provided by Section 220 .280(b) of

this Subpart, to the Agency; and

2)

Recalculate the NMOC emission rate using the procedures specified in

Section 220.260(a) of this Subpart until such time as the calculated

NMOC emission rate is equal to or greater than 50 Mg/yr, at which time

the provisions of subsection (d) of this Section shall apply, or the landfill

is inactive .

---

d)

For MSW landfills with emissions equal to or greater than 50 Mg/yr, calculated

pursuant to Section 220 .260(a) of this Subpart, within 30 months after the date

when the first annual NMOC emission rate report equals or exceeds 50 Mg/yr,

an owner or operator shall :

1)

Install and operate

:

A)

A gas collection and control system meeting the gas collection

system and control requirements of Sections 220 .220 and 220.230

of this Subpart ; or

B)

An alternate gas collection and control system using alternate

procedures for gas collection and control, determining

compliance, monitoring, operation, testing, recordkeeping, or

reporting instead of those provided for in this Subpart, as

approved by the Agency or Board, as meeting the requirements in

Section 220.220(d) or (e), or Section 220.230(d) or (e) of this

Subpart. Such alternate system shall be effective only when

included in a federally enforceable permit or approved as a SIP

revision

.

2)

Certify compliance : Within 6 months of initial startup or upon change in

method of compliance, or by October 31, 2001, whichever is later, the

owner or operator of an MSW landfill subject to the control requirements

of this Subpart must certify compliance with the requirements of this

Subpart by submitting to the Agency the following

:

A)

A description of the gas collection and control system used

;

B)

The date the system was installed ; and

C)

A demonstration that the control system meets the requirements

of Section 220.230 of this Subpart :

i)

For active collection systems: the reduction efficiency or

ppmv must be established by a performance test using the

test methods required pursuant to Section 220.260(d) of

this Subpart; or

ii)

For open flares: compliance with the requirements of 40

CFR 60.18, incorporated by reference in Section 220 .130

of this Part, must be established

.

29

Section 220.220

Gas Collection System Requirements

---

30

a)

Each owner or operator of an MSW landfill having a design capacity equal to or

greater than 2.5 million Mg and 2.5 million m3 , and a calculated NMOC

emission rate equal to or greater than 50 Mg/yr, must install and operate a gas

collection system that meets the requirements of either subsection (b), (c), (d),

or (e) of this Section and :

1)

Handles maximum expected gas flow rate from the entire area of the

MSW landfill that warrants control pursuant to subsection (b)(1)(D) of

this Section for the period required in Section 220 .250(h) of this Subpart,

as calculated pursuant to Section 220 .240(a) of this Subpart

;

2)

Collects 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

:

A)

5 years or more, if active ; or

B)

2 years or more if closed or at final grade ;

3)

Is designed to minimize off-site migration of subsurface gas

;

4)

Routes all the collected gas to a control system that complies with the

requirements in Section

220.230

of this Subpart; and

5)

Collects and treats gas in accordance with the applicable requirements of

35

Ill. Adm. Code.Subtitle G .

b)

Active Collection Systems

:

1) Active collection wells, horizontal collectors, surface collectors, or other

extraction devices shall be sited at a sufficient density throughout all gas

producing areas using the following procedures :

A)

The collection devices within the interior and along the perimeter

areas shall be designed to achieve comprehensive control of

surface gas emissions .

B)

The sites for gas collection devices, as determined in subsection

(b)(1)(A) of this Section, 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

.

C)

Collect gas at a sufficient extraction rate, as defined at Section

220.110

of this Part

.

---

3 1

D)

The placement of gas collection devices determined in subsection

(b)(1)(A) of this Section shall control all gas producing areas,

except as provided by this subsection (b)(1)(D) .

i)

Any segregated area of asbestos or nondegradable material

may be excluded from collection, if documented as

provided under Section 220.280(f)(3) of this Subpart. 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 Agency upon request

.

ii)

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 percent 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 Agency upon request . A

separate NMOC emissions estimate shall be made for each

section proposed for exclusion, and the sum of all such

sections shall be compared to the NMOC emissions

estimate for the entire landfill, as calculated pursuant to

Section 220.260 of this Subpart. Emissions from each

section shall be computed using the following equation :

Q; = 2k LoM ;

(e

"')(CNMOC)(3.6x 10"9)

where

:

Q

=

NMOC emission rate from the i'h section,

Mg/yr

k

=

methane generation rate constant, yr"

Lo

=

methane generation potential, m3 per Mg

solid waste

M ;

=

mass of degradable solid waste in the i' h

section, Mg

t;

=

age of the solid waste in the i" section,

years

CNMOC =

concentration of NMOC, ppmv

3.6 x 10"

9

=

conversion factor

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

---

32

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, L o

, and

Cr,MOC

provided in Section 220 .260(a)(1) of this Subpart

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

.

2)

The gas collection devices shall be constructed using the following

equipment or procedures :

A)

The landfill gas extraction components shall be constructed of

polyvinyl chloride (PVC),

high

density polyethylene (HDPE)

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

.

B)

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, 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

.

C)

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

PVC, HDPE, fiberglass, stainless steel, or other nonporous

---

c)

Passive Collection Systems

:

1)

A passive collection system shall be installed with liners on the bottom

and all sides in all areas in which gas is to be collected . The liners shall

meet all requirements specified in 35 Ill . Adm. Code 811.306 .

2)

The collection and control system shall either conform with the

specifications for active collection systems in subsection (a) of this

Section or the owner or operator must obtain the Agency's approval for

alternate provisions as provided for in subsection (d) of this Section

.

d)

Alternate Collection Systems

:

e)

Alternate Emissions Standard :

33

material of suitable thickness

.

3)

The landfill gas shall be conveyed to a gas control system through the

collection header pipe(s) . The gas mover equipment shall be sized to

handle the maximum gas generation

flow

rate expected for the period of

intended use pursuant to Section 220 .250(h) of this Subpart using the

following procedures

:

A)

For existing gas collection systems, the

flow

data shall be used to

project the maximum

flow

rate. If no

flow

data exists, the

procedures in subsection (b)(3)(B) of this Section shall be used

.

B)

For new gas collection systems, the maximum

flow

rate shall be

in accordance with Section 220 .240(a) of this Subpart .

An owner or operator seeking to install an alternate gas collection system shall

demonstrate to the Agency that such collection system is capable of capturing

the maximum expected gas

flow

rate from the entire area of the MSW landfill,

for the period required in Section 220 .250(h) of this Subpart, as calculated

pursuant to Section 220 .240(a) of this Subpart, and in an equivalent manner to

that required by this Section. Any alternate gas collection system must be

approved by the Agency. Such alternate shall be effective only when included

in a federally enforceable permit or approved as a SIP revision . The alternate

shall include any alternate procedures for collection, control, compliance,

monitoring, operation, testing, reporting, and recordkeeping that are

appropriate

.

Pursuant to Section 28.1 of the Act [415 ILCS 5/28 .1], and in accordance with

35 Ill. Adm. Code 106, Subpart G, provisions for adjusted standards, adjusted

standards for alternate emissions standards or alternate emissions standards with

---

34

an alternate compliance schedule shall be granted by the Board, to the extent

consistent with federal law. An owner or operator seeking an alternate

emissions standard or an alternate emissions standard with an alternate

compliance schedule must demonstrate to the Board that, with respect to the

MSW landfill, the control requirements meet one or more of the criteria listed in

this subsection (e) pursuant to 40 CFR 60.24(f). Any such request must be

approved by the Board. Such alternate shall be effective only when included in

a federally enforceable permit or approved as a SIP revision. Any alternate

shall include any procedures for collection, control, compliance, monitoring,

operation, testing, reporting and recordkeeping that are appropriate and a

demonstration that the control requirements, as contained in this Subpart, as

they apply to the MSW landfill, meet one or more of the following criteria

:

1)

Unreasonable cost of control resulting from plant age, location, or basic

process design ;

2)

Physical impossibility of installing necessary control equipment ; or

3)

Other factors specific to the MSW landfill that support an alternate

emissions standard or alternate emissions standard with final compliance

date .

Section 220.230

Gas Control System Requirements

Each owner and operator of an MSW landfill subject to the control requirements of this

Subpart must install and operate a gas collection system that routes all the collected gas to a

gas control system that complies with the requirements in subsection (f) and either install a gas

control system, as described in either subsection (a), (b), or (c) of this Section, or obtain

approval of and install an alternate gas control system pursuant to subsection (d) or (e) of this

Section .

a)

An open flare designed and operated in accordance with 40 CFR 60 .18,

incorporated by reference in Section 220 .130 of this Part .

b)

A control system designed and operated to reduce NMOC by 98 weight-percent,

or, when an enclosed combustion device is used for control, to either reduce

NMOC by 98 weight-percent or reduce the outlet NMOC concentration to less

than 20 ppmv, dry basis as hexane at 3 percent oxygen. The reduction

efficiency or ppmv must be established by an initial performance test required

pursuant to Section 220.210(d)(2), using the test methods required under Section

220.260(d) of this Subpart :

1)

If a boiler or process heater is used as the control device, the landfill gas

stream shall be introduced into the flame zone

.

---

3 5

2)

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 Section 220 .270 of

this Subpart. The initial performance test must be performed within 6

months after startup or by October 31, 2001, whichever is later

.

c)

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 subsection (b) of this Section

.

d)

An alternate gas control system approved by the Agency

.

An owner or operator

seeking to install an alternate gas control system shall demonstrate to the

Agency that such collection system is capable of control equivalent to subsection

(b) of this Section. Such alternate shall be effective only when included in a

federally enforceable permit or approved as a SIP revision

.

The alternate shall

include any alternate procedures for collection, control, compliance,

monitoring, operation, testing, reporting, and recordkeeping that are

appropriate .

e)

Pursuant to Section 28 .1 of the Act [415 ILCS 5/28.1], and in accordance with

35 Ill. Adm. Code 106, Subpart G, provisions for adjusted standards, adjusted

standards for alternate emissions standards or alternate emissions standards with

an alternate compliance schedule shall be granted by the Board, to the extent

consistent with federal law. An owner or operator seeking an alternate

emissions standard or an alternate emissions standard with an alternate

compliance schedule must demonstrate to the Board that, with respect to the

MSW landfill, the control requirements meet one or more of the criteria listed in

this subsection (e), pursuant to 40 CFR 60 .24(f). Any such request must be

approved by the Board. Such alternate shall be effective only when included in

a federally enforceable permit or approved as a SIP revision

.

Any alternate

shall include any procedures for collection, control, compliance, monitoring,

operation, testing, reporting, and recordkeeping that are appropriate and a

demonstration that the control requirements as contained in this Subpart, as they

apply to the MSW landfill, meet one or more of the following criteria :

1)

Unreasonable cost of control resulting from plant age, location, or basic

process design;

2)

Physical impossibility of installing necessary control equipment ; or

3)

Other factors specific to the MSW landfill that support an alternate

emissions standard or alternate emissions standard with final compliance

date

.

f)

Gas control systems must be operated in accordance with a permit issued

---

36

pursuant to the applicable requirements of 35 Ill. Adm. Code .Subtitle G .

Section 220.240

Compliance Procedures for Gas Collection Systems

a)

The methods specified in subsections (a)(1) through (a)(6) of this Section shall

be used to determine whether the gas collection system is in compliance with

Section 220.220 of this Subpart .

1)

To calculate the maximum expected gas generation flow rate from the

MSW landfill, one of the following equations shall be used

.

The k and

L

n

kinetic factors shall be those published in the Compilation of Air

Pollutant Emission Factors (AP-42) incorporated by reference in Section

220.130 of this Part, or other site-specific emission factors approved by

the Agency. If k has been determined as specified in Section

220.260(a)(4) of this Subpart, the value of k determined from the test

shall be used . A value of no more than 15 years shall be used for the

intended use period of the gas mover equipment, the variable t

.

The

active life of the landfill is the age of the landfill plus the estimated

number of years until closure .

A)

For sites with unknown year-to-year solid waste acceptance rate

:

Qm

= 2L0R(e

k`

-ekt)

where :

Qm

=

maximum expected gas generation flow rate, m 3/yr

L

p

=

methane generation potential, m 3 per Mg solid

waste

R

=

average annual acceptance rate, Mg/yr

k

=

methane generation rate constant,

yr'

t

=

age in years of the landfill at equipment installation

plus 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 in years is the age of the landfill at

installation

c

=

time since closure, years (for an active landfill c =

0 and e-"=1)

B)

For sites with known year-to-year solid waste acceptance rates :

n

Qm

=1 2 kLo M; (e

kl')

---

where

:

Q

m

=

maximum expected gas generation flow rate, m

3/yr

k

=

methane generation rate constant, yr'

Lo

=

methane generation potential, m 3 per Mg solid

waste

M ;

=

mass of solid waste in the i' section, Mg

t;

=

age of the i`h section, yr

C)

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 equations in

subsections (a)(1)(A) and (a)(1)(B) of this Section. If the landfill

is still accepting waste, the actual measured flow data will not

equal the maximum expected gas generation rate, so calculations

made using the equations in subsection (a)(1)(A) or (a)(1)(B) of

this Section or other methods shall be used to predict the

maximum gas generation rate over the intended period of use of

the gas control system equipment

.

2)

For the purpose of determining the sufficient number of gas collectors,

the owner or operator shall design a system of vertical wells, horizontal

collectors, or other type of collection device, capable of controlling and

extracting gas from all portions of the landfill sufficient to meet the

operational and performance standards of Sections 220 .220 through

220.250. Such design must be approved by the Agency as part of an air

construction permit or a CAAPP permit, if the gas collection system was

installed prior to July 31, 1998 .

3)

For the purpose of demonstrating whether the gas collection system flow

rate of an active collection system is sufficient, the owner or operator

shall measure gauge pressure in the gas collection header at each

individual well monthly . If positive pressure exists, action shall be

initiated to correct the exceedence within 5 calendar days, except for the

three conditions allowed under Section 220 .250(b) of this Subpart . If

negative pressure cannot be achieved without excess air infiltration

within 15 calendar days after the first measurement, the gas collection

system shall be expanded to correct the exceedence within 120 days after

the initial measurement of positive pressure . Any attempted corrective

measure must not cause exceedences of other operational or performance

standards. An alternate timeline for correcting the exceedence may be

submitted to the Agency for approval

.

37

---

38

4)

Owners or operators are not required to expand the system, as required

in subsection (a)(3) of this Section, during the first 180 days after gas

collection system startup

.

5)

For purposes

of

identifying whether excess air infiltration into the

landfill is occurring, the owner or operator shall monitor each well on a

monthly basis for temperature and nitrogen or oxygen, as provided in

Section 220.250(c) of this Subpart. If a well exceeds one of these

operating parameters, action shall be initiated to correct the exceedence

within 5 calendar days . If correction of the exceedence cannot be

achieved within 15 calendar days after the first measurement, the gas

collection system shall be expanded to correct the exceedence within 120

days after the initial exceedence. An alternate timeline for correcting the

exceedence may be submitted to the Agency for approval

.

6)

An owner or operator using a collection system that does not conform to

the specifications provided in Section 220.220(b) or (c) of this Subpart

shall provide information satisfactory to the Agency, as specified in

Section 220.220(d) of this Subpart, demonstrating that off-site migration

is being controlled

.

b)

To comply with the operational standards in Section 220 .250(a) of this Subpart,

each owner or operator of a controlled landfill shall install each well or design

component as specified in a construction permit issued by the Agency. 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 :

1)

5 years or more if active; or

2)

2 years or more if closed or at final grade

.

c)

The following procedures shall be used for compliance with the surface methane

operational standard as provided in Section 220.250(d) .of this Subpart .

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 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 subsection (d) of this Section .

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

.

---

39

3)

Surface emission monitoring shall be performed in accordance with

section 4 .3.1 of Method 21 of Appendix A, 40 CFR 60, incorporated by

reference in Section 220.130 of this Part, except that the probe inlet shall

be placed within 5 to 10 cm of the ground . Monitoring shall be

performed during typical meteorological conditions

.

4)

Any reading of 500 ppm or more above background at any location shall

be recorded as a monitored exceedence and the actions specified in

subsections (c)(4)(A) through (c)(4)(E) of this Section shall be taken. As

long as the actions specified below are taken, the exceedence is not a

violation of the operational requirements of Section 220.250(d) of this

Subpart .

A)

The location of each monitored exceedence shall be marked and

the location recorded .

B)

Cover maintenance or adjustments to the vacuum of the adjacent

wells to increase the gas collection in the vicinity of each

exceedence shall be made and the location shall be remonitored

within 10 calendar days after detecting the exceedence

.

C)

If the remonitoring of the location shows a second exceedence,

additional corrective action shall be taken and the location shall

be monitored again within 10 days after the second exceedence

.

If the remonitoring shows a third exceedence for the same

location, the action specified in subsection (c)(4)(E) of this

Section shall be taken. No further monitoring of that location is

required until the action specified in subsection (c)(4)(E)

of this

Section has been taken .

D)

If the remonitoring of the location does not show an exceedence,

as specified by subsection (c)(4)(B) or (c)(4)(C), the location shall

be remonitored 1 month from the initial exceedence . If the 1

month remonitoring shows a concentration less than 500 ppm

above background, no further monitoring of that location is

required until the next quarterly monitoring period. If the 1

month remonitoring shows an exceedence, the actions specified in

subsection (c)(4)(C) or (c)(4)(E) of this Section, as appropriate,

shall be taken .

E)

For any location where there are three monitored exceedences

within a quarterly period, a new well or other collection device

shall be installed within 120 calendar days after the initial

exceedence. An alternate remedy to the exceedence, such as

---

40

upgrading the blower, header pipes, or control device, and a

corresponding timeline for installation may be submitted to the

Agency for approval .

5)

The owner or operator shall implement a program to monitor for cover

integrity and implement cover repairs as necessary on a monthly basis

.

d)

The following instrumentation specifications and procedures for surface

emission monitoring devices apply to the monitoring required by subsection(c)

of this Section

:

1)

The portable analyzer shall meet the instrument specifications provided

in Section 3, Method 21, Appendix A, 40 CFR 60, incorporated by

reference in Section 220 .130 of this Part, except that methane shall

replace all references to VOC

.

2)

The calibration gas shall be methane, diluted to a nominal concentration

of 500 ppm in air .

3)

To meet the performance evaluation requirements in Section 3

.1 .3,

Method 21, Appendix A, 40 CFR 60, incorporated by reference in

Section 220.130 of this Part, the instrument evaluation procedures of

Section 4.4 of Method 21, Appendix A, 40 CFR 60, incorporated by

reference in Section 220.130 of this Part, shall be used .

4)

The calibration procedures provided in Section 4 .2, Method 21,

Appendix A, 40 CFR 60, incorporated by reference in Section 220 .130

of this Part, shall be followed immediately before commencing a surface

monitoring survey .

e)

The MSW landfill owners or operators are required to comply with the

provisions of this Subpart at all times, except during periods of start-up,

shutdown, or malfunction, provided that the duration of start-up, shutdown, or

malfunction must not exceed 5 days for collection systems and must not exceed

1 hour for treatment or control devices

.

Section 220.250

Operational Standards for Collection and Control Systems

Each owner or operator of an MSW landfill with a gas collection and control system shall

:

a)

Operate the collection system such that gas is collected from each area, cell, or

group of cells in the MSW landfill in which the initial solid waste has been in

place for

:

1)

5 years or more if active ; or

---

4 1

2)

2 years or more if closed or at final grade .

b)

Operate the collection system with negative pressure at each wellhead except

under the following conditions

:

1)

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

Section 220 .280(e)(1) of this Subpart

.

2)

Use of a geomembrane or synthetic cover . The owner or operator shall

develop pressure limits associated with such a cover that must be

approved by the Agency

.

3)

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 Agency .

c)

Operate each interior wellhead in the collection system with a landfill gas

temperature less than 55°C (131°F) and with either a nitrogen level less than 20

percent or an oxygen level less than 5 percent. The owner or operator may

establish a higher operating temperature, nitrogen, or oxygen value at a

particular well. A higher operating value demonstration that provides

supporting data to show that the elevated parameter does not cause fires or

significantly inhibit anaerobic decomposition by killing methagens must be

approved by the Agency before such higher operating value may be used .

Operating values shall be determined as follows :

1)

The nitrogen level shall be determined using Method 3C, Appendix A,

40 CFR 60, incorporated by reference in Section 220 .130 of this Part .

2)

The oxygen level shall be determined by an oxygen meter using Method

3A, Appendix A, 40 CFR 60, incorporated by reference in Section

220.130 of this Part, except that

:

A)

The span shall be set so that the regulatory limit is between 20

and 50 percent of the span ;

B)

A data recorder is not required ;

C)

Only two calibration gases are required, a zero and span, and

ambient air may be used as the span ;

D)

A calibration error check is not required ; and

---

g)

42

E)

The allowable sample bias, zero drift, and calibration drift are

plus or minus 10 percent .

d)

Operate the collection system so that the methane concentration is less than 500

ppm above background at the surface of the landfill . To determine if this level

is exceeded, the owner or operator shall conduct surface testing around the

perimeter of the collection area and along a pattern that traverses the landfill at

30-meter intervals and where visual observations indicate elevated

concentrations of landfill gas, such as distressed vegetation and cracks or seeps

in the cover. An initial surface monitoring design plan shall be developed and

included as part of the operating permit application (e .g., a CAAPP permit

application) that includes a topographical map with the monitoring route and the

rationale for any site-specific deviations from the 30-meter intervals . Areas

with steep slopes or other dangerous areas may be excluded from the surface

testing. The monitoring plan shall be updated as necessary . Updated copies

must be sent to the Agency and kept on-site at the MSW landfill

.

e)

Operate the gas collection and control system such that all collected gases are

vented to a control system designed and operated in compliance with Sections

220.230, 220.250, and 220 .270 of this Subpart . In the event the collection or

control system is inoperable, the gas mover system shall be shut down and all

valves in the collection and control system contributing to venting of the gas to

the atmosphere shall be closed within 1 hour .

f)

Operate the gas collection and control or treatment system at all times, except

during shutdown or malfunction, provided that the duration of start-up,

shutdown, or malfunction must not exceed 5 days for collection systems and

must not exceed 1 hour for treatment or control devices

.

If monitoring demonstrates that the operational requirements in subsection (b),

(c), or (d) of this Section are not met, take corrective action as specified in

Section 220.240(a)(3), (a)(5), or (c)(4) of this Subpart. If such corrective

actions are taken as specified in Section 220 .240(a)(3), (a)(5), or (c)(4) of this

Subpart, the monitored exceedence is not a violation of the operational

requirements in this Section

.

h)

The collection and control system may be capped or removed provided

:

1)

The landfill is no longer accepting solid waste

;

2)

A system removal report has been submitted to the Agency, as provided

in Section 220.280(d) of this Subpart ;

3)

The collection and control system has been operating a minimum of 15

---

years

;

4)

The calculated NMOC gas produced by the landfill is less than 50 Mg/yr

on three successive test dates, pursuant to the procedures specified in

Section 220.260(b) of this Subpart. The test dates shall be no less than

90 days apart, and no more than 180 days apart ; and

5)

The system is not required to satisfy any applicable requirement of 35

Ill. Adm. Code .Subtitle G

.

43

Section 220.260

Test Methods and Procedures

a)

The landfill owner or operator shall calculate the NMOC emission rate using

the equation provided in either subsection (a)(1)(A) or subsection (a)(1)(B) of

this Section and make a determination that the emission rate is less than 50

Mg/yr, pursuant to subsection (a)(2), (a)(3), (a)(4), or (e), or install a gas

collection and control system pursuant to Sections 220 .220 and 220.230 of this

Subpart. However, both equations may be used if the actual year-to-year solid

waste acceptance rate is known pursuant to subsection (a)(1)(A) of this Section,

for part of the life of the landfill and the actual year-to-year solid waste

acceptance rate is unknown, pursuant to subsection

(a)(1)(B) of this Section, for

part of the life of the landfill . If the NMOC emission rate calculated in this

subsection is less than 50 Mg/yr, then the landfill owner shall submit an

emission rate report as provided in Section 220 .280(b) of this Subpart, and shall

recalculate the NMOC mass emission rate as required under Section 220 .210(c)

of this Subpart .

1)

The values to be used in both equations are 0.05/yr for k, 170 m' per Mg

for Ln, and 4,000 ppmv as hexane for the

CNMOC .

A)

The following equation shall be used if the actual year-to-year

solid waste acceptance rate is known :

n

MNMOC

= X2kLoM i(e

k

`i)(CNMOC)(3 .6x 10 9)

i=

where :

MNMOC

=

Total NMOC emission rate from the landfill,

Mg/yr

k

methane generation rate constant, yr"'

Ln

=

methane generation potential, m' per Mg solid

waste

---

44

M ;

=

mass of solid waste in the

i

h section, Mg

t;

=

age of the solid waste in the i'h section, years

CNMOC =

concentration of NMOC, ppmv as hexane

3.6 x 10-9 =

conversion factor

The mass of nondegradable solid waste may be subtracted from

the total mass of solid waste in a particular section of the landfill

when calculating the value for M; if documentation of the nature

and amount of such wastes is maintained .

B)

The following equation shall be used if the actual year-to-year

solid waste acceptance rate is unknown :

MNMOC = 2L0 R(e

k0

- e'")(CNMOC)(3.6 x 10-)

where :

MNMOC =

Total NMOC emission rate from the landfill,

Mg/yr

L0

=

methane generation potential, m' per Mg solid

waste

R

=

average annual acceptance rate, Mg/yr

k

=

methane generation rate constant, year'

t

=

age of landfill, years

CNMOC

=

concentration of NMOC, ppmv as hexane

c

=

time since closure, years (for active landfill c = 0

and e"k` = 1)

3.6 x 10-9 =

conversion factor

The mass of nondegradable solid waste may be subtracted from

the average annual acceptance rate when calculating a value for

R, if documentation of the nature and amount of such wastes is

maintained

.

2)

Tier 1 . The landfill owner or operator shall calculate the NMOC mass

emission rate using the equations provided in subsection (a)(1)(A) or

(a)(1)(B) of this Section. The owner or operator shall compare the

calculated NMOC mass emission rate to the standard of 50 Mg/yr using

the default values for the NMOC mass emission rate and the methane

generation rate constant .

3)

Tier 2. The landfill owner or operator shall calculate the NMOC mass

emission rate using the equations provided in subsection (a)(1)(A) or

(a)(1)(B) of this Section using the average NMOC concentration from the

collected samples instead of the default value in the equations provided

---

MNMOC

where :

45

in subsection (a)(1) of this Section. The landfill owner or operator shall

determine the NMOC concentration using the following sampling

procedure: The landfill owner or operator shall install at least 2 sample

probes per hectare of landfill surface that has retained waste for at least 2

years. If the landfill is larger than 25 hectares in area, only 50 samples

are required. The sample probes should be located to avoid known areas

of nondegradable solid waste . The owner or operator shall collect and

analyze one sample of landfill gas from each probe to determine the

NMOC concentration using Method 25C or Method 18 of Appendix A,

40 CFR 60, incorporated by reference in Section 220 .130 of this Part. If

using Method 18, the minimum list of compounds to be tested shall be

those published in the Compilation of Air Pollutant Emission Factors

(AP-42), incorporated by reference in Section 220 .130 of this Part. If

composite sampling is used, equal volumes shall be taken from each

sample probe. If more than the required number of samples are taken,

all samples shall be used in the analysis. Divide the NMOC

concentration from Method 25C by 6 to convert from CNMOC as carbon to

CNMOC

as hexane. The owner or operator shall retest the site-specific

NMOC concentration every 5 years using the methods specified in this

Section

4)

Tier 3. The landfill owner or operator shall estimate the NMOC mass

emission rate using equations in subsection (a)(1)(A) or (a)(1)(B) of this

Section and using a site-specific methane generation rate constant k, and

the site-specific NMOC concentration as determined in subsection (a)(3)

of this Section instead of the default values provided in subsection (a)(1)

of this Section. The site-specific methane generation rate constant shall

be determined using the procedures provided in Method 2E, Appendix

A, 40 CFR 60, incorporated by reference in Section 220 .130 of this

Part. The calculation of the methane generation rate constant is

performed only once, and the value obtained is used in all subsequent

annual NMOC emission rate calculations . In addition, pursuant to

subsection (a)(3) of this Section, the owner or operator shall retest the

site-specific NMOC concentration every 5 years using the methods

specified in that subsection .

b)

After the installation of a collection and control system in compliance with

Sections 220.220 and 220 .230 of this Subpart, the owner or operator shall

calculate the NMOC emission rate for purposes of determining when the system

can be removed as provided in Section 220 .250(h) of this Subpart, using the

following equation :

1.89 x 103

QLFG

CNMOC

---

MNMOC

QLFG

CNMOC

46

mass emission rate of NMOC (Mg/yr)

flow rate of landfill gas (m'/minute)

NMOC concentration (ppmv as hexane)

1)

The flow rate of landfill gas (Q LFG) shall be determined by measuring the

total landfill gas flow rate at the common header pipe that leads to the

control device using a gas flow measuring device calibrated according to

the provisions of Section 4 of Method 2E, Appendix A, 40 CFR 60,

incorporated by reference in Section 220.130 of this Part

.

2)

The average NMOC concentration

(CNMOC)

shall be determined by

collecting and analyzing landfill gas sampled from the common header

pipe before the gas moving or condensate removal equipment using the

procedures in Method 25C or Method 18, Appendix A, 40 CFR 60,

incorporated by reference in Section 220.130 of this Part. If using

Method 18, the minimum list of compounds to be tested shall be those

published in the Compilation of Air Pollutant Emission Factors (AP-42),

incorporated by reference in Section 220 .130 of this Part. The sample

location on the common header pipe shall be before any condensate

removal or other gas refining units. The landfill owner or operator shall

divide the NMOC concentration from Method 25C by 6 to convert

CNMOc

as carbon to CNMOC as hexane

.

c)

If the gas collection system complies with the provisions in Section 220.220 of

this Subpart and is already installed, the owner or operator shall estimate the

NMOC emission rate using the procedures provided in subsection (b) of this

Section. For areas of the landfill where the owner or operator has not been

required to install a well yet, he/she may select an appropriate method from

subsection (a) of this Section to estimate emissions

.

d)

For the performance test required in Section 220 .210(d)(2) of this Subpart,

Method 25C or Method 18, Appendix A, 40 CFR 60, incorporated by reference

in Section 220.130 of this Part, shall be used to determine compliance with 98

weight-percent efficiency or the 20 ppmv outlet concentration level, unless

another method to demonstrate compliance has been approved by the Agency as

provided by Section 220.230(d) of this Subpart . If using Method 18, the

minimum list of compounds to be tested shall be those published in the

Compilation of Air Pollutant Emission Factors (AP-42), incorporated by

reference in Section 220 .130 of this Part. The following equation shall be used

to calculate efficiency

:

Control efficiency = (NMOC ;,, -NMOCO„J/(NMOC;,,)

where :

---

Section 220.270

47

NMOC ;~

=

mass of NMOC entering control device

NMOC O„t

=

mass of NMOC exiting control device

e)

The owner or operator may use other methods to determine the NMOC

concentration, site-specific k, or landfill gas flow rate, as an alternate to the

methods required in subsection (a)(3) and (a)(4) of this Section, if the method

has been approved by the Agency, as provided for in Section 220 .220(d) or

Section 220.230(d) of this Subpart .

f)

The owner or operator may use the procedures described in AP-42, Compilation

of Air Pollutant Emission Factors, incorporated by reference in Section 220 .130

of this Part, to estimate emissions pursuant to the annual emission report

required in 35 Ill. Adm. Code 210.302(a). The most recent values for k, L o ,

and NMOC concentration reported in AP-42 shall be used to calculate

emissions. To determine applicability of or compliance with the requirements

of this Part, the owner or operator must use the tiered emission estimates

provided in subsections (a)(1) through (a)(4) of this Section .

g)

Testing :

1)

Upon a request by the Agency, the owner or operator of an MSW

landfill shall at his own expense demonstrate compliance with the

applicable requirements of this Subpart using the appropriate test

method .

2)

An owner or operator planning to conduct a test to demonstrate

compliance with this Subpart shall notify the Agency of that intent not

less than 30 days before the planned initiation of the tests so that the

Agency may observe the test

.

Monitoring of Operations

a)

Active gas collection systems. Each owner or operator of 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

:

1)

Measure the gauge pressure in the gas collection header on a monthly

basis, as provided in Section 220.240(a)(3) of this Subpart; and

2)

Monitor the temperature and nitrogen or oxygen concentration in the

landfill gas on a monthly basis, as provided in Section 220.240(a)(5) of

this Subpart

.

---

48

b)

Enclosed combustors. Each owner or operator of an enclosed combustor shall

calibrate, maintain, and operate according to the manufacturer's specifications,

the following equipment

:

1)

A temperature monitoring device equipped with a continuous recorder

and having a minimum accuracy of plus or minus 1 percent of the

temperature being measured, expressed in degrees Celsius, or plus or

minus 0.5°C, whichever is greater .

A temperature monitoring device is

not required for boilers or process heaters with design heat input

capacity greater than 44 MW .

2)

A device that records flow to or bypass of the control device .

The

owner or operator shall either

:

A)

Install, calibrate, and maintain a gas flow rate measuring device

that shall record the flow to the control device every 15 minutes ;

or

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

.

c)

Open flare . Each owner or operator of an open flare shall install, calibrate,

maintain, and operate according to the manufacturer's specifications the

following equipment

:

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

.

2)

A device that records flow to or bypass of the flare. The owner or

operator shall either

:

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; or

B)

Secure the bypass line valve in the closed position with a car-seal

or 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 .

---

d)

Each owner or operator seeking to install a collection or control system that

does not meet the specifications in Section 220 .220(b) or (c) of this Subpart,

shall provide information satisfactory to the Agency as provided in Sections

220.220(d) and 220 .230(d) of this Subpart, describing the design and operation

of the collection system, the operating parameters that would indicate proper

performance, and appropriate monitoring procedures

.

e)

Each owner or operator shall monitor surface concentrations of methane

according to the instrument specifications and procedures provided in Section

220.240(c) and (d) of this Subpart . Any inactive landfill that has no monitored

exceedences of the operational standard in three consecutive quarterly

monitoring periods must resume annual monitoring. Any methane reading of

500 ppm or more above the background detected during the annual monitoring

returns the monitoring frequency for that landfill to quarterly

.

Section 220.280

Reporting Requirements

49

a)

Each owner and operator shall submit a design capacity report to the Agency

.

1)

The initial design capacity report shall be submitted no later October 29,

1998 .

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 provisions of the State or RCRA

construction or operating permit .

B)

The maximum design capacity of the landfill . If the maximum

design capacity is specified in a State construction or RCRA

permit, a copy of the permit specifying the maximum design

capacity of the landfill shall be provided. If the maximum design

capacity of the landfill is not specified in a permit, the maximum

design capacity shall be calculated using good engineering

practices. The calculations shall be provided, along with the

relevant parameters (e .g., depth of solid waste, solid waste

acceptance rate, and compaction practices, as applicable), as part

of the report. The Agency 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 Agency

providing notification of an increase in the design capacity of the landfill

within 90 days after an increase in the maximum design capacity of the

---

50

landfill to or above 2.5 million Mg and 2.5 million m'. This increase in

design capacity may result from an increase in the permitted volume or

an increase in the density of the landfill as documented in the annual

recalculation required in Section 220.290 (f) of this Subpart

.

b)

Each owner and operator with a total design capacity equal to or greater than

2.5 million Mg and 2 .5 million m3 shall submit an NMOC emission rate report

to the Agency initially and by June 1 annually thereafter, except as provided for

in subsections (b)(1) and (b)(4) of this Section. The Agency may request such

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 in Section 220.260(a) of this Subpart, as applicable . The annual

NMOC emission rate report required by this subsection must be submitted with

the annual emissions report required pursuant to 35 Ill. Adm. Code 201 .302(a) .

1)

The initial NMOC emission rate report may be combined with the initial

design capacity report required in subsection (a) of this Section. The first

NMOC emission report shall be filed with the Agency by October 29,

1998. Subsequent NMOC emission reports shall be filed with the

Agency by June 1 of the subsequent year, except as provided for in

subsection (b)(2) of this Section .

2)

Using Tier 1, if the estimated NMOC emission rate as reported in the

annual report to the Agency is less than 50 Mg/yr 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

Agency . 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 Agency. 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

.

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

.

4)

All owners and operators of MSW landfills with a total design capacity

of 2.5 million Mg and 2.5 million m' are required to submit an annual

emissions report pursuant to 35 Ill . Adm. Code 201 .302(a). MSW

---

5 1

landfills that have installed a gas collection and control system that meets

the requirements of this Subpart are not required to submit an annual

NMOC emission rate report but are required to submit an annual

emissions report pursuant to 35 III . Adm. Code 201 .302(a) . Further,

owners or operators filing a 5-year estimate of NMOC emissions

pursuant to subsection (b)(2) of this Section may use a 5-year estimate

for NMOC, so long as they file an annual emission report and meet the

requirements of subsection (b)(2) of this Section

.

c)

Each owner or operator subject to the provisions of Section 220 .220(a) of this

Subpart shall submit an application for a construction permit containing the

information listed in subsection (c)(3) of this Section to the Agency within 1

year after the first report, required under subsection (b) of this Section, in which

the emission rate exceeds 50 Mg/yr, except as follows :

1)

If the owner or operator elects to recalculate the NMOC emission rate

after Tier 2 NMOC sampling and analysis as provided in Section

220.260(a)(3) of this Subpart and the resulting rate is less than 50

Mg/yr, 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 Mg/yr or the landfill is

inactive. The revised NMOC emission rate report, with the recalculated

emission rate based on NMOC sampling and analysis, shall be submitted

within 1 year after the first calculated exceedence of 50 Mg/yr

.

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 Section 220.260(a)(4) of this Subpart, and the

resulting emission rate is less than 50 Mg/yr, annual periodic reporting

shall be resumed or the landfill is inactive. The resulting site-specific

methane generation rate constant k shall be used in the emission rate

calculation until such time as the emission rate calculation results in an

exceedence . The revised NMOC emission rate report based on the

provisions of Section 220.260(a)(4) of this Subpart and the resulting site-

specific methane generation rate constant k shall be submitted to the

Agency within 1 year after the first calculated emission rate exceeding 50

Mg/yr .

3)

In addition to the information required by 35 Ill . Adm. Code 201.152,

the following shall be included in the construction permit application for

the collection system required pursuant to Section 220 .280(c) of this

Subpart: depths of refuse, refuse gas generation rates and flow

characteristics, cover properties, gas system expandibility, leachate and

condensate management, accessibility, compatibility with filling

operations, integration with closed landfill end use, air intrusion control,

---

52

corrosion resistance, fill settlement, and resistance to the refuse

decomposition heat

.

d)

Each owner or operator of a controlled landfill shall submit the information

required by this subsection (d) to the Agency 30 days prior to removal or

cessation of operation of the control equipment . The Agency may request such

additional information as may be necessary to verify that all of the conditions

for removal of equipment in accordance with Section 220 .250(h) of this Subpart

have been met

.

1)

Certification that the operation of the collection and control system is no

longer required pursuant to 35 III . Adm. Code .Subtitle G ;

2)

Documentation demonstrating that the 15-year minimum control period

has expired ; and

3)

Dated copies of the 3 successive NMOC emission rate reports, as

provided for in Section 220.250(h) of this Subpart, demonstrating that

the landfill is no longer producing 50 Mg/yr or greater of NMOC,

pursuant to Section 220 .260(b) of this Section .

e)

Each owner or operator of a landfill shall submit to the Agency annual reports

of the recorded information in subsections (e)(1) through (e)(6) of this Section .

The initial annual report shall be submitted within 180 days after installation and

start-up of the collection and control system, and may be included with the

report of the initial performance test required pursuant to Section 220.210(d)(2)

of this Subpart. For enclosed combustion devices and flares, reportable

exceedences are defined under Section 220.290(c) of this Subpart

.

1)

Value and length of time for exceedence of applicable parameters

monitored under Section 220.270(a), (b), (c), and (d) of this Subpart .

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 Section 220 .270 of this Subpart

.

3)

Description and duration of all periods when the control device was not

operating for a period exceeding 1 hour and length of time the control

device was not operating

.

4)

All periods when the collection system was not operating in excess of 5

days

.

5)

The location of each exceedence of the 500 ppm methane concentration,

as provided in Section 220 .250(d) of this Subpart, and the concentration

---

53

recorded at each location for which an exceedence was recorded in the

previous month

.

6)

The date of installation and the location of each well or collection system

expansion added pursuant to subsections (a)(3), (b), and (c)(4) of Section

220.240 of this Subpart

.

f)

Each owner or operator shall include the following information with the initial

performance test report and any subsequent performance tests required pursuant

to Section 220 .210(d)(2) of this Subpart .

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 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 ;

5)

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 of gas

.

Section 220.290

Recordkeeping Requirements

Each owner or operator of an MSW landfill shall keep for at least 5 years, unless another time

period is specified in this Section, up-to-date, readily accessible, on-site records of the

following

:

a)

For the life of the landfill, the design capacity report in which the landfill

became equal to or greater than 2 .5 million Mg and 2 .5 million m3, the current

amount of solid waste in-place, and the year-by-year waste acceptance rate .

---

54

Off-site records may be maintained if they are retrievable within 4 hours

.

Either paper copy or electronic formats are acceptable

.

b)

For the life of the control equipment, the data listed in subsections

(b)(1)

through (b)(4) of this Section as measured during the initial performance test or

compliance determination. Records of the control device vendor specifications

shall be maintained until removal

.

1)

Active collection systems :

A)

The maximum expected gas generation flow rate as calculated in

Section 220.240(a) of this Subpart . The owner or operator may

use another method to determine the maximum gas generation

flow rate, if the method has been approved by the Agency .

B)

The density of wells, horizontal collectors, surface collectors, or

other gas extraction devices determined using the procedures

specified in Section 220 .220(b)(1)(A) of this Subpart .

2)

Enclosed combustion device other than a boiler or process heater with a

design heat input capacity greater 44 MW

:

A)

The combustion temperature measured at least every 15 minutes

and averaged over the same time period as the performance test

.

B)

The percent reduction of NMOC determined as specified in

Section 220.230(b) of this Subpart achieved by the control

device

.

3)

Boilers or process heaters 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 as the performance testing

.

4)

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, and exit velocity

determinations made during the performance test as specified in 40 CFR

60.18, incorporated by reference in Section 220 .130 of this Part

;

continuous records of the flare pilot flame or flare flame monitoring and

records of all periods of operations during which the flare pilot flame or

the flare flame is absent

.

c)

Continuous records of the equipment operating parameters specified to be

monitored in Section 220.270 of this Subpart as well as up-to-date, readily

accessible records for periods of operation during which the parameter

---

55

boundaries established during the most recent performance test are exceeded

.

1)

The following constitute exceedences that shall be recorded and reported

under Section 220.280(e) of this Subpart :

A)

For enclosed combustors, except for boilers and process heaters

with design heat input of 44 MW (150 mmbtu/hr) or greater, all

3-hour periods of operation during which the average combustion

temperature was more than 28°C (82°F) below the average

combustion temperature during the most recent performance test

at which compliance with Section 220 .230(b) of this Subpart was

determined .

B)

For boilers or process heaters, whenever there is a change in the

location at which the vent stream is introduced into the flame

zone, as required pursuant to subsection (b)(2)(A) of this Section .

2)

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

pursuant to Section 220.270 of this Subpart

.

3)

For boilers or process heaters with a design heat input capacity of 44

MW or greater, records of all periods of operation of boiler or process

heater. (Examples of such records include records of steam use, fuel

use, or monitoring data collected pursuant to State, local, or federal

regulatory requirements .)

4)

For open flares, records of the flame or flare pilot flame monitoring

specified under Section 220 .270(c) of this Subpart, and all periods of

operation in which the flare pilot flame or the flare flame is absent .

d)

For the life of the collection system, a plot map showing each existing and

planned collector in the system and providing a unique identification location

label for each collector, including

:

1)

The location of all newly installed collectors as specified under Section

220.240(b) of this Part

.

2)

The nature, date of deposition, amount, and location of asbestos-

containing or nondegradable waste excluded from collection, as provided

in Section 220 .220(b)(1)(D)(i) of this Subpart, as well as any

nonproductive areas excluded from collection, as provided in Section

220.220(b)(1)(D)(ii) of this Subpart

.

---

e)

All collection and control system exceedences of the operational standards in

Section 220.250 of this Subpart, the reading the subsequent month whether or

not the second reading is an exceedence, and the location of each exceedence

.

0

56

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

Mg or 2.5 million m3 , as provided in the definition of "design capacity", shall

keep records of the annual recalculation of site-specific density, design capacity,

and the supporting documentation .

IT IS SO ORDERED

.

Board Member J. Theodore Meyer dissented .

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above opinion and order was adopted on the 17th day of June 1998 by a vote of 5-1

.

Dorothy M . Gunn, Clerk

Illinois Pollution Control Board