3745-76-01. Definitions

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (B)(31) of this rule titled, "Referenced materials." ]

(A) Terms used but not defined in this chapter have the meaning given them in the Clean Air Act and in rule 3745-15-01 of the Administrative Code.

(B) The following definitions shall apply exclusively to this chapter.

(1) "Active collection system" means a gas collection system that uses gas mover equipment.

(2) "Active landfill" means a licensed and permitted landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.

(3) "Btu" means British thermal unit

(4) "Closed landfill" means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without first filing a notification of modification in accordance with 40 CFR 60.7(a)(4). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed. .

(5) "Closure" means that point in time when a landfill becomes a closed landfill.

(6) "Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, ware-houses, and other non-manufacturing activities, excluding residential and industrial wastes.

(7) "Controlled landfill" means any landfill at which collection and control systems are required under this chapter as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled at the time a collection and control system design plan is submitted in compliance with paragraph (B)(2)(a) of rule 3745-76-07 of the Administrative Code.

(8) "Design capacity" means the maximum amount of solid waste a landfill can accept, as indicated in terms of volume or mass in the most recent permit issued by the agency responsible for regulating the landfill, plus any in-place waste not accounted for in the most recent permit. If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate its design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, the calculation must include a site specific density, which must be recalculated annually.

(9) "Disposal facility" means any contiguous land and structures, other appurtenances, and improvements on the land used for the disposal of solid waste.

(10) "Emission rate cutoff" means the threshold annual emission rate to which a landfill compares its estimated emission rate to determine if control under the regulation is required.

(11) "Enclosed combustor" means an enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air. An enclosed flare is considered an enclosed combustor.

(12) "Flare" means an open combustor without enclosure or shroud.

(13) "Gas mover equipment" means the equipment (i.e., fan, blower, compressor) used to transport landfill gas through the header system.

(14) "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).

(15) "Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of the Resource Conservation and Recovery Act, 40 CFR Part 264 and 40 CFR Part 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; non-ferrous 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 definition does not include mining waste or oil and gas waste.

(16) "Interior well" means any well or similar collection component located inside the perimeter of the landfill waste. A perimeter well located outside the landfilled waste is not an interior well.

(17) "Landfill" means an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile as those terms are defined under 40 CFR 257.2.

(18) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSW landfill. A lateral expansion is not a modification unless it results in an increase in the design capacity of the landfill.

(19) "Modification" means an increase in the permitted volume design capacity of the landfill by either horizontal or vertical expansion based on its permitted design capacity as of May 30, 1991. Modification does not occur until the owner or operator commences construction on the horizontal or vertical expansion.

(20) "Municipal solid waste" is a type of solid waste generated from community, commercial and agricultural operations, including but not limited to the following:

(a) Solid waste generated by community operations (including single and multiple-household residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrouds, and day-use recreation areas;

(b) Solid waste generated by commercial operations (including stores, offices, restaurants, warehouses, and other non-manufacturing activities);

(c) Solid waste generated from agricultural operations (including single-family and commercial farms, greenhouses, and nurseries);

(d) Sludge from municipal, commercial, or industrial waste water treatment plants, water treatment plants, and air pollution control facilities that is co-disposed with other municipal solid waste in a sanitary landfill facility; and

(e) Fly ash and bottom ash generated from the incineration of municipal solid waste, provided the fly ash and bottom ash is not regulated as a hazardous waste.

(21) "Municipal solid waste landfill" or "MSW landfill" means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of RCRA subtitle D wastes ( 40 CFR 257.2 ) such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.

(22) "Municipal solid waste landfill emissions" or "MSW landfill emissions" means gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the waste.

(23) "NMOC" means nonmethane organic compounds, as measured according to the provisions of rule 3745-76-09 of the Administrative Code.

(24) "Nondegradable waste" means any waste that does not decompose through chemical breakdown or microbiological activity. Examples are, but are not limited to, concrete, municipal waste combustor ash, and metals.

(25) "Passive collection system" means a gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment.

(26) "PSD" means prevention of significant deterioration, as defined in 40 CFR 52.21, prevention of significant deterioration of air quality.

(27) "Sludge" means any solid, semisolid, or liquid waste generated from a municipal , commercial, or industrial waste-water treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

(28) "Solid waste" means any garbage, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, included solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under the national pollutant discharge elimination system or the United States nuclear regulatory commission.

(29) "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 chapter.

(30) "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.

(31) Referenced materials. This chapter includes references to certain matter or materials. The text of the referenced materials is not included in the rules contained in this chapter. Information on the availability of the referenced materials as well as the date of, or the particular edition or version of the material is included in this rule. For materials subject to change, only the specific version specified in this rule are referenced. Material is referenced as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not applicable unless and until this rule has been amended to specify the new dates.

(a) Availability. The referenced materials are available as follows:

(i) Clean Air Act. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954." The full text of the Act as amended in 1990 is also available in electronic format at www.epa.gov/oar/caa/. A copy of the Act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(ii) Code of Federal Regulations (CFR). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also available in electronic format at http://www.ecfr.gov . The CFR compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(iii) Compilation of Air Pollutant Emission Factors, AP-42. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the compilation of air pollutant emission factors, AP-42, is also available in electronic format at http://www.epa.gov/ttn/chief/ap42/. The compilation of air pollutant emission factors, AP-42, are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(b) Referenced materials:

(i) ASTM D1946-90; "Standard Practice for Analysis of Reformed Gas by Gas Chromatography;" 2000.

(ii) ASTM D4809-00; "Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method);" 2005.

(iii) Method 2; "Determination of stack gas velocity and volumetric flow rate (type 'S' pitot tube);" 40 CFR Part 60, Appendix A-1, as published in the July 1, 2005 Code of Federal Regulations.

(iv) Method 2A; "Direct measurement of gas volume through pipes and small ducts;" 40 CFR. Part 60, Appendix A-1, as published in the July 1, 2005 Code of Federal Regulations.

(v) Method 2C; "Determination of gas velocity and volumetric flow rate in small stacks or ducts (standard pitot tube);" 40 ... Part 60, Appendix A-1, as published in the July 1, 2005 Code of Federal Regulations.

(vi) Method 2D; "Measurement of gas volume flow rates in small pipes and ducts;" 40 CFR. Part 60, Appendix A-1, as published in the July 1, 2005 Code of Federal Regulations.

(vii) Method 2E; "Determination of landfill gas production flow rate;" 40 CF. Part 60, Appendix A-1, as published in the July 1, 2005 Code of Federal Regulations.

(viii) Method 3A; "Determination of oxygen and carbon dioxide concentrations in emissions from stationary sources (instrumental analyzer procedure);" 40CFR. Part 60, Appendix A-2, as published in the July 1, 2005 Code of Federal Regulations.

(ix) Method 3C; "Determination of carbon dioxide, methane, nitrogen, and oxygen from stationary sources;" 40CFR. Part 60, Appendix A-2, as published in the July 1, 2005 Code of Federal Regulations.

(x) Method 18; "Measurement of gaseous organic compound emissions by gas chromatography;" 40CFR. Part 60, Appendix A-6, as published in the July 1, 2005 Code of Federal Regulations.

(xi) Method 21; "Determination of volatile organic compound leaks;" 40CFR. Part 60, Appendix A-7, as published in the July 1, 2005 Code of Federal Regulations.

(xii) Method 25; "Determination of total gaseous nonmethane organic emissions as carbon;" 40CFR. Part 60, Appendix A-7, as published in the July 1, 2005 Code of Federal Regulations.

(xiii) Method 25A; "Determination of total gaseous organic concentration using a flame ionization analyzer;" 40CFR. Part 60, Appendix A-7, as published in the July 1, 2005 Code of Federal Regulations.

(xiv) Method 25C; "Determination of nonmethane organic compounds (NMOC) in MSW landfill gases;" 40 ..R. Part 60, Appendix A-7, as published in the July 1, 2005 Code of Federal Regulations.

(xv) 40 CFR Part 60, Subpart Cc, "Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills;" 61 FR 9919, March 12, 1996, as amended at 63 FR 32750, June 16, 1998.

(xvi) 40 CFR 52.21, "Prevention of significant deterioration of air quality;" as published in the July 1, 2015 Code of Federal Regulations.

(xvii) 40 CFR Part 60, Subpart WWW, "Standards of Performance for Municipal Solid Waste Landfills;" 61 FR 9919, March 12, 1996, as amended at 63 FR 32753, June 16, 1998; 64 FR 9262, February 24, 1999; 65 FR 18909, April 10, 2000.

(xviii) 40 CFR Part 264, "Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities;" as published in the July 1, 2005 Code of Federal Regulations.

(xix) 40 CFR Part 265,_"Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities;" as published in the July 1, 2005 Code of Federal Regulations.

(xx) 40 CFR Part 258, "Criteria for Municipal Solid Waste Landfills;" 56 FR 51016, October 9, 1991, as amended at 58 FR 51546, October 1, 1993; 60 FR 52342, October 6, 1995; 61 FR 50413, September 25, 1996.

(xxi) 40 CFR Part 60.7, "Notification and Recordkeeping;" 36 FR 24877, Dec. 28, 1971, as amended at 40 FR 46254, Oct. 6, 1975; 40 FR 58418, Dec. 16, 1975; 45 FR 5617, Jan. 23, 1980; 48 FR 48335, Oct. 18, 1983; 50 FR 53113, Dec. 27, 1985; 52 FR 9781, Mar. 26, 1987; 55 FR 51382, Dec. 13, 1990; 59 FR 12428, Mar. 16, 1994; 59 FR 47265, Sep. 15, 1994; 64 FR 7463, Feb. 12, 1999.

(xxii) 40 CFR 257.2, "Definitions;" 44 FR 53460, Sept. 13, 1979; 44 FR 58910, Oct. 12, 1979; 56 FR 51016, Oct. 9, 1991; 58 FR 9385, Feb. 19, 1993; 68 FR 36495, June 18, 2003.

(xxiii) 40 FR 258.40 _"Design Criteria for Municipal Solid Waste Landfills;", as published in the July 1, 2005 Code of Federal Regulations.

Effective: 8/25/2016
Five Year Review (FYR) Dates: 05/27/2016 and 03/24/2021
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 11/16/99, 1/31/98, 10/10/06