3745-76-12. Reporting requirements

[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 the last paragraph of rule 3745-76-01 of the Administrative Code titled"Incorporation by reference."] Except as provided in paragraph (B)(2)(a)(ii) of rule 3745-76-07 of the Administrative Code,

(A) Each owner or operator subject to the requirements of this chapter shall submit or shall have submitted an initial design capacity report to the director.

(1) The initial design capacity report shall contain the date construction commenced and the date of initial waste placement, if applicable.

(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 permit issued by the director.

(b) The maximum design capacity of the landfill. Where the maximum design capacity is specified in the permit issued by the director, a copy of the permit specifying the maximum design capacity may be submitted as part of the report. If the maximum design capacity of the landfill is not specified in the permit, the maximum design capacity shall be calculated using good engineering practices. The calculations shall be provided, along with the relevant parameters as part of the report. The director 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 director providing notification of any increase in the design capacity of the landfill, within ninety days of an increase in the maximum design capacity of the landfill to or above 2.5 million megagrams and 2.5 million cubic meters. This increase in design capacity may result from an increase in permitted volume of the landfill or an increase in the density as documented in the annual recalculation required under paragraph (F) of rule 3745-76-13 of the Administrative Code. Any expansion of the landfill shall be deemed a modification, which shall cause the landfill to become subject to the new source performance standards in 40 CFR Part 60, Subpart WWW.

(B) Each owner or operator subject to the requirements of this chapter shall submit an NMOC emission rate report to the director initially and annually thereafter, except as provided for in paragraph (B)(1)(b) or (B)(3) of this rule. The director may request such additional information as may be necessary to verify the reported NMOC emission rate.

(1) The NMOC emission rate report shall contain an annual or five-year estimate of the NMOC emission rate calculated using the formula and procedures provided in paragraph (A) or (B) of rule 3745-76-09 of the Administrative Code, as applicable.

(a) The initial NMOC emission rate report may be combined with the initial design capacity report required in paragraph (A) of this rule. Subsequent NMOC emission rate reports shall be submitted annually thereafter, except as provided for in paragraphs (B)(1)(b) and (B)(3) of this rule.

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

(2) The NMOC emission rate report shall include all the data, calculations, sample reports and measurements used to estimate the annual or five-year emissions.

(3) Each owner or operator subject to the requirements of this chapter is exempted from the requirements of paragraphs (B)(1) and (B)(2) of this rule, after the installation of a collection and control system in compliance with paragraph (B)(2) of rule 3745-76-07 of the Administrative Code, during such time as the collection and control system is in operation and in compliance with rule 3745-76-08 and rule 3745-76-10 of the Administrative Code.

(C) Each owner or operator subject to the provisions of paragraph (B)(2)(a) of rule 3745-76-07 of the Administrative Code shall submit a collection and control system design plan to the director within one year of the first report, required under paragraph (B) of this rule, in which the emission rate exceeds fifty megagrams per year, 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 paragraph (A)(3) of rule 3745-76-09 of the Administrative Code and the resulting rate is less than fifty megagrams per year, annual periodic reporting shall be resumed, using the Tier 2 determined site-specific NMOC concentration, until the calculated emission rate is equal to or greater than fifty megagrams per year or the landfill is closed. The revised NMOC emission rate report, with the recalculated emission rate based on NMOC sampling and analysis, shall be submitted within one hundred eighty days of the first calculated exceedance of fifty megagrams per year.

(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 paragraph (A)(4) of rule 3745-76-09 of the Administrative Code, and the resulting NMOC emission rate is less than fifty megagrams per year, annual periodic reporting shall be resumed. The resulting site-specific methane generation rate constant (k) shall be used in the emission rate calculation until such time as the emissions rate calculation results in an exceedance. The revised NMOC emission rate report based on the provisions of paragraph (A)(4) of rule 3745-76-09 of the Administrative Code and the resulting site-specific methane generation rate constant (k) shall be submitted to the director within one year of the first calculated emission rate exceeding fifty megagrams per year.

(D) Each owner or operator of a controlled landfill shall submit a closure report to the director within thirty days of waste acceptance cessation. The director may request additional information as may be necessary to verify that permanent closure has taken place in accordance with 40 CFR 258.60. If a closure report has been submitted to the director, no additional wastes may be placed into the landfill without filing a notification of modification. The landfill owner or operator shall also meet the notification requirements for landfill closure contained in paragraph (E) of rule 3745-27-11 of the Administrative Code.

(E) Each owner or operator of a controlled landfill shall submit an equipment removal report to the director thirty days prior to removal or cessation of operation of the control equipment.

(1) The equipment removal report shall contain all of the following items:

(a) A copy of the closure report submitted in accordance with paragraph (D) of this rule;

(b) A copy of the initial performance test report demonstrating that the fifteen year minimum control period has expired; and

(c) Dated copies of three successive NMOC emission rate reports demonstrating that the landfill is no longer producing fifty megagrams or greater of NMOC per year.

(2) The director may request such additional information as may be necessary to verify that all of the conditions for removal in paragraph (B)(2)(e) of rule 3745-76-07 of the Administrative Code have been met.

(F) Each owner or operator of a landfill seeking to comply with paragraph (B)(2) of rule 3745-76-07 of the Administrative Code using an active collection system designed in accordance with paragraph (B)(2)(b) of rule 3745-76-07 of the Administrative Code shall submit to the director annual reports of the recorded information in paragraphs (F)(1) to (F)(6) of this rule. The initial annual report shall be submitted within one hundred eighty days of installation and start-up of the collection and control system, and shall include the initial performance test report for enclosed combustion devices and flares. Reportable exceedances are defined under paragraph (C) of rule 3745-76-13 of the Administrative Code.

(1) Value and length of time for exceedance of applicable parameters monitored under paragraphs (A), (B), (C), and (D) of rule 3745-76-11 of the Administrative Code.

(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 rule 3745-76-11 of the Administrative Code.

(3) Description and duration of all periods when the control device was not operating for a period exceeding one hour and length of time the control device was not operating.

(4) All periods when the collection system was not operating in excess of five days.

(5) The location of each exceedance of the five hundred parts per million methane concentration as provided in paragraph (D) of rule 3745-76-08 of the Administrative Code and the concentration recorded at each location for which an exceedance was recorded in the previous month.

(6) The date of installation and the location of each well or collection system expansion added pursuant to paragraphs (A)(3), (B), and (C)(4) of rule 3745-76-10 of the Administrative Code.

(G) Each owner or operator seeking to comply with paragraph (B)(2)(c) of rule 3745-76-07 of the Administrative Code shall include the following information with the initial performance test report as specified in paragraph (B)(2)(c)(ii) of rule 3745-76-07 of the Administrative Code:

(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 the gas generation flow rates for all areas from which collection wells have been excluded based on nonproductivity and the calculations of gas generation flow rate for each excluded area; and

(5) The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill; and

(6) The provisions for the control of off-site migration.

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

Prior History: (R.C. 119.032 review dates: 06/16/2011 and 06/16/2016
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 1/31/98, 11/16/99, 10/10/06 )