HomeMy WebLinkAboutDAQ-2024-0077811
DAQC-332-24
Site ID 10129 (B1)
MEMORANDUM
TO: FILE – WASATCH INTEGRATED WASTE MANAGEMENT DISTRICT
THROUGH: Harold Burge, Major Source Compliance Section Manager
FROM: Jeremiah R. Marsigli, Environmental Scientist
DATE: April 12, 2024
SUBJECT: FULL COMPLIANCE EVALUATION, Major, Davis County,
FRS #UT0000004901100033
INSPECTION DATE: March 28, 2024
SOURCE LOCATION: 1997 East 3500 North, Layton, UT 84040
SOURCE CONTACT(S): Nathan Rich, Executive Director (801) 614-5601
Preston Lee, Operations Manager (801) 614-5614
Jesse Simonsen, Landfill Manager (801) 614-5624
OPERATING STATUS: Operating
PROCESS DESCRIPTION:
Wasatch Integrated Waste Management District (WIWMD) landfill consists of two cells. These cells
have been covered and a gas collection system is installed. The collected gasses are piped to a 32.8
MMBtu/hr fully enclosed flare for incineration. The flare operates at a temperature of 18000 F to ensure
complete destruction of all collected gasses. The exhaust from the flare is vented through a 40-foot tall
stack.
APPLICABLE
REGULATIONS: Title V Operating Permit # 1100033003, last revised November
30, 2022
SOURCE INSPECTION
EVALUATION:
Title V Operating Permit # 1100033003, revised November 30, 2022
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SECTION I: GENERAL PROVISIONS
I.A Federal Enforcement.
All terms and conditions in this permit, including those provisions designed to limit the
potential to emit, are enforceable by the EPA and citizens under the Clean Air Act of 1990
(CAA) except those terms and conditions that are specifically designated as "State
Requirements". (R307-415-6b)
Status: This is not an inspection item.
I.B Permitted Activity(ies).
Except as provided in R307-415-7b(1), the permittee may not operate except in compliance
with this permit. (See also Provision I.E, Application Shield)
Status: In Compliance. The permittee has operated in compliance with this permit.
I.C Duty to Comply.
I.C.1 The permittee must comply with all conditions of the operating permit. Any permit
noncompliance constitutes a violation of the Air Conservation Act and is grounds for any of
the following: enforcement action; permit termination; revocation and reissuance;
modification; or denial of a permit renewal application. (R307-415-6a(6)(a))
I.C.2 It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit. (R307-415-6a(6)(b))
I.C.3 The permittee shall furnish to the Director, within a reasonable time, any information that
the Director may request in writing to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit or to determine compliance with this
permit. Upon request, the permittee shall also furnish to the Director copies of records
required to be kept by this permit or, for information claimed to be confidential, the
permittee may furnish such records directly to the EPA along with a claim of
confidentiality. (R307-415-6a(6)(e))
I.C.4 This permit may be modified, revoked, reopened, and reissued, or terminated for cause.
The filing of a request by the permittee for a permit modification, revocation and
reissuance, or termination, or of a notification of planned changes or anticipated
noncompliance shall not stay any permit condition, except as provided under
R307-415-7f(1) for minor permit modifications. (R307-415-6a(6)(c))
Status: In Compliance. The permittee has operated in compliance with this permit.
I.D Permit Expiration and Renewal.
I.D.1 This permit is issued for a fixed term of five years and expires on the date shown under
"Enforceable Dates and Timelines" at the front of this permit. (R307-415-6a(2))
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I.D.2 Application for renewal of this permit is due on or before the date shown under
"Enforceable Dates and Timelines" at the front of this permit. An application may be
submitted early for any reason. (R307-415-5a(1)(c))
I.D.3 An application for renewal submitted after the due date listed in I.D.2 above shall be
accepted for processing, but shall not be considered a timely application and shall not
relieve the permittee of any enforcement actions resulting from submitting a late
application. (R307-415-5a(5))
I.D.4 Permit expiration terminates the permittee's right to operate unless a timely and complete
renewal application is submitted consistent with R307-415-7b (see also Provision I.E,
Application Shield) and R307-415-5a(1)(c) (see also Provision I.D.2). (R307-415-7c(2))
Status: This permit expires July 9, 2024. Application for renewal has been received by DAQ and a
new permit is under review.
I.E Application Shield.
If the permittee submits a timely and complete application for renewal, the permittee's
failure to have an operating permit will not be a violation of R307-415, until the Director
takes final action on the permit renewal application. In such case, the terms and conditions
of this permit shall remain in force until permit renewal or denial. This protection shall
cease to apply if, subsequent to the completeness determination required pursuant to
R307-415-7a(3), and as required by R307-415-5a(2), the applicant fails to submit by the
deadline specified in writing by the Director any additional information identified as being
needed to process the application. (R307-415-7b(2))
Status: The permit has not expired. Application for renewal has been received by DAQ and a new
permit is under review.
I.F Severability.
In the event of a challenge to any portion of this permit, or if any portion of this permit is
held invalid, the remaining permit conditions remain valid and in force. (R307-415-6a(5))
Status: This is not an inspection item.
I.G Permit Fee.
I.G.1 The permittee shall pay an annual emission fee to the Director consistent with R307-415-9.
(R307-415-6a(7))
I.G.2 The emission fee shall be due on October 1 of each calendar year or 45 days after the source
receives notice of the amount of the fee, whichever is later. (R307-415-9(4)(a))
Status: In Compliance. Emission fees have been paid as invoiced.
I.H No Property Rights.
This permit does not convey any property rights of any sort, or any exclusive privilege.
(R307-415-6a(6)(d))
Status: This is not an inspection item.
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I.I Revision Exception.
No permit revision shall be required, under any approved economic incentives, marketable
permits, emissions trading and other similar programs or processes for changes that are
provided for in this permit. (R307-415-6a(8))
Status: This is not an inspection item.
I.J Inspection and Entry.
I.J.1 Upon presentation of credentials and other documents as may be required by law, the
permittee shall allow the Director or an authorized representative to perform any of the
following:
I.J.1.a Enter upon the permittee's premises where the source is located or emissions related
activity is conducted, or where records are kept under the conditions of this permit.
(R307-415-6c(2)(a))
I.J.1.b Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit. (R307-415-6c(2)(b))
I.J.1.c Inspect at reasonable times any facilities, equipment (including monitoring and air
pollution control equipment), practice, or operation regulated or required under this
permit. (R307-415-6c(2)(c))
I.J.1.d Sample or monitor at reasonable times substances or parameters for the purpose of
assuring compliance with this permit or applicable requirements.
(R307-415-6c(2)(d))
I.J.2 Any claims of confidentiality made on the information obtained during an inspection shall
be made pursuant to Utah Code Ann. Section 19-1-306. (R307-415-6c(2)(e))
Status: In Compliance. Access to the premises and records was granted. No samples were taken and
no claims of confidentiality were made.
I.K Certification.
Any application form, report, or compliance certification submitted pursuant to this permit
shall contain certification as to its truth, accuracy, and completeness, by a responsible
official as defined in R307-415-3. This certification shall state that, based on information
and belief formed after reasonable inquiry, the statements and information in the document
are true, accurate, and complete. (R307-415-5d)
Status: In Compliance. All documents submitted by WIWMD have included the proper certification
and have been signed by the responsible official.
I.L Compliance Certification.
I.L.1 Permittee shall submit to the Director an annual compliance certification, certifying
compliance with the terms and conditions contained in this permit, including emission
limitations, standards, or work practices. This certification shall be submitted no later than
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the date shown under "Enforceable Dates and Timelines" at the front of this permit, and that
date each year following until this permit expires. The certification shall include all the
following (permittee may cross-reference this permit or previous reports):
(R307-415-6c(5))
I.L.1.a The identification of each term or condition of this permit that is the basis of the
certification;
I.L.1.b The identification of the methods or other means used by the permittee for
determining the compliance status with each term and condition during the
certification period. Such methods and other means shall include, at a minimum, the
monitoring and related recordkeeping and reporting requirements in this permit. If
necessary, the permittee also shall identify any other material information that must
be included in the certification to comply with section 113(c)(2) of the Act, which
prohibits knowingly making a false certification or omitting material information;
I.L.1.c The status of compliance with the terms and conditions of the permit for the period
covered by the certification, including whether compliance during the period was
continuous or intermittent. The certification shall be based on the method or means
designated in Provision I.L.1.b. The certification shall identify each deviation and
take it into account in the compliance certification. The certification shall also
identify as possible exceptions to compliance any periods during which compliance
is required and in which an excursion or exceedance as defined under 40 CFR Part
64 occurred; and
I.L.1.d Such other facts as the Director may require to determine the compliance status.
I.L.2 The permittee shall also submit all compliance certifications to the EPA, Region VIII, at the
following address or to such other address as may be required by the Director:
(R307-415-6c(5)(d))
Environmental Protection Agency, Region VIII
Office of Enforcement, Compliance and Environmental Justice
(mail code 8ENF)
1595 Wynkoop Street
Denver, CO 80202-1129
Status: In Compliance. The last annual compliance certification was received January 31, 2024, and
was reviewed for accuracy under separate cover.
I.M Permit Shield.
I.M.1 Compliance with the provisions of this permit shall be deemed compliance with any
applicable requirements as of the date of this permit, provided that:
I.M.1.a Such applicable requirements are included and are specifically identified in this
permit, or (R307-415-6f(1)(a))
I.M.1.b Those requirements not applicable to the source are specifically identified and listed
in this permit. (R307-415-6f(1)(b))
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I.M.2 Nothing in this permit shall alter or affect any of the following:
I.M.2.a The emergency provisions of Utah Code Ann. Section 19-1-202 and Section 19-2-
112, and the provisions of the CAA Section 303. (R307-415-6f(3)(a))
I.M.2.b The liability of the owner or operator of the source for any violation of applicable
requirements under Utah Code Ann. Section 19-2-107(2)(a)(xiii) and Section 19-2-
110 prior to or at the time of issuance of this permit. (R307-415-6f(3)(b)
I.M.2.c The applicable requirements of the Acid Rain Program, consistent with the CAA
Section 408(a). (R307-415-6f(3)(c))
I.M.2.d The ability of the Director to obtain information from the source under Utah Code
Ann. Section 19-2-120, and the ability of the EPA to obtain information from the
source under the CAA Section 114. (R307-415-6f(3)(d))
Status: This is not an inspection item.
I.N Emergency Provision.
I.N.1 An "emergency" is any situation arising from sudden and reasonably unforeseeable events
beyond the control of the source, including acts of God, which situation requires immediate
corrective action to restore normal operation, and that causes the source to exceed a
technology-based emission limitation under this permit, due to unavoidable increases in
emissions attributable to the emergency. An emergency shall not include noncompliance to
the extent caused by improperly designed equipment, lack of preventive maintenance,
careless or improper operation, or operator error. (R307-415-6g(1))
I.N.2 An emergency constitutes an affirmative defense to an action brought for noncompliance
with such technology-based emission limitations if the affirmative defense is demonstrated
through properly signed, contemporaneous operating logs, or other relevant evidence that:
I.N.2.a An emergency occurred and the permittee can identify the causes of the emergency.
(R307-415-6g(3)(a))
I.N.2.b The permitted facility was at the time being properly operated.
(R307-415-6g(3)(b))
I.N.2.c During the period of the emergency the permittee took all reasonable steps to
minimize levels of emissions that exceeded the emission standards, or other
requirements in this permit. (R307-415-6g(3)(c))
I.N.2.d The permittee submitted notice of the emergency to the Director within two
working days of the time when emission limitations were exceeded due to the
emergency. This notice must contain a description of the emergency, any steps
taken to mitigate emissions, and corrective actions taken. This notice fulfills the
requirement of Provision I.S.2.c below. (R307-415-6g(3)(d))
I.N.3 In any enforcement proceeding, the permittee seeking to establish the occurrence of an
emergency has the burden of proof. (R307-415-6g(4))
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I.N.4 This emergency provision is in addition to any emergency or upset provision contained in
any other section of this permit. (R307-415-6g(5))
Status: No emergency events were reported or recorded during the 12-month period preceding this
inspection.
I.O Operational Flexibility.
Operational flexibility is governed by R307-415-7d(1).
Status: This is not an inspection item.
I.P Off-permit Changes.
Off-permit changes are governed by R307-415-7d(2).
Status: This is not an inspection item.
I.Q Administrative Permit Amendments.
Administrative permit amendments are governed by R307-415-7e.
Status: This is not an inspection item.
I.R Permit Modifications.
Permit modifications are governed by R307-415-7f.
Status: This is not an inspection item.
I.S Records and Reporting.
I.S.1 Records.
I.S.1.a The records of all required monitoring data and support information shall be
retained by the permittee for a period of at least five years from the date of the
monitoring sample, measurement, report, or application. Support information
includes all calibration and maintenance records, all original strip-charts or
appropriate recordings for continuous monitoring instrumentation, and copies of all
reports required by this permit. (R307-415-6a(3)(b)(ii))
I.S.1.b For all monitoring requirements described in Section II, Special Provisions, the
source shall record the following information, where applicable:
(R307-415-6a(3)(b)(i))
I.S.1.b.1 The date, place as defined in this permit, and time of sampling or
measurement.
I.S.1.b.2 The date analyses were performed.
I.S.1.b.3 The company or entity that performed the analyses.
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I.S.1.b.4 The analytical techniques or methods used.
I.S.1.b.5 The results of such analyses.
I.S.1.b.6 The operating conditions as existing at the time of sampling or
measurement.
I.S.1.c Additional record keeping requirements, if any, are described in Section II, Special
Provisions.
I.S.2 Reports.
I.S.2.a Monitoring reports shall be submitted to the Director every six months, or more
frequently if specified in Section II. All instances of deviation from permit
requirements shall be clearly identified in the reports. (R307-415-6a(3)(c)(i))
I.S.2.b All reports submitted pursuant to Provision I.S.2.a shall be certified by a
responsible official in accordance with Provision I.K of this permit.
(R307-415-6a(3)(c)(i)
I.S.2.c The Director shall be notified promptly of any deviations from permit requirements
including those attributable to upset conditions as defined in this permit, the
probable cause of such deviations, and any corrective actions or preventative
measures taken. Prompt, as used in this condition, shall be defined as written
notification within the number of days shown under "Enforceable Dates and
Timelines" at the front of this permit. Deviations from permit requirements due to
breakdowns shall be reported in accordance with the provisions of R307-107.
(R307-415-6a(3)(c)(ii))
I.S.3 Notification Addresses.
I.S.3.a All reports, notifications, or other submissions required by this permit to be
submitted to the Director are to be sent to the following address or to such other
address as may be required by the Director:
Utah Division of Air Quality
P.O. Box 144820
Salt Lake City, UT 84114-4820
Phone: 801-536-4000
I.S.3.b All reports, notifications or other submissions required by this permit to be
submitted to the EPA should be sent to one of the following addresses or to such
other address as may be required by the Director:
For annual compliance certifications:
Environmental Protection Agency, Region VIII
Office of Enforcement, Compliance and Environmental Justice
(mail code 8ENF)
1595 Wynkoop Street
Denver, CO 80202-1129
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For reports, notifications, or other correspondence related to permit modifications,
applications, etc.:
Environmental Protection Agency, Region VIII
Air Permitting and Monitoring Branch (mail code 8ARD-PM)
1595 Wynkoop Street
Denver, CO 80202-1129
Phone: 303-312-6927
Status: In Compliance. Monitoring reports have been submitted as required. Deviation reports are
submitted when necessary.
I.T Reopening for Cause.
I.T.1 A permit shall be reopened and revised under any of the following circumstances:
I.T.1.a New applicable requirements become applicable to the permittee and there is a
remaining permit term of three or more years. No such reopening is required if the
effective date of the requirement is later than the date on which this permit is due to
expire, unless the terms and conditions of this permit have been extended pursuant
to R307-415-7c(3), application shield. (R307-415-7g(1)(a))
I.T.1.b The Director or EPA determines that this permit contains a material mistake or that
inaccurate statements were made in establishing the emissions standards or other
terms or conditions of this permit. (R307-415-7g(1)(c))
I.T.1.c EPA or the Director determines that this permit must be revised or revoked to
assure compliance with applicable requirements. (R307-415-7g(1)(d))
I.T.1.d Additional applicable requirements are to become effective before the renewal date
of this permit and are in conflict with existing permit conditions.
(R307-415-7g(1)(e))
I.T.2 Additional requirements, including excess emissions requirements, become applicable to a
Title IV affected source under the Acid Rain Program. Upon approval by EPA, excess
emissions offset plans shall be deemed to be incorporated into this permit.
(R307-415-7g(1)(b))
I.T.3 Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial
permit issuance and shall affect only those parts of this permit for which cause to reopen
exists. (R307-415-7g(2))
Status: This is not an inspection item.
I.U Inventory Requirements.
An emission inventory shall be submitted in accordance with the procedures of R307-150,
Emission Inventories. (R307-150)
Status: In Compliance. The most recent emission inventory was submitted as required.
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I.V Title IV and Other, More Stringent Requirements.
Where an applicable requirement is more stringent than an applicable requirement of
regulations promulgated under Title IV of the Act, Acid Deposition Control, both
provisions shall be incorporated into this permit. (R307-415-6a(1)(b))
Status: This is not an inspection item.
SECTION II: SPECIAL PROVISIONS
II.A Emission Unit(s) Permitted to Discharge Air Contaminants.
(R307-415-4(3)(a) and R307-415-4(4))
II.A.1 Permitted Source
Source-wide conditions
II.A.2 Landfill (designated as LNF-0)
Unit Description: The landfill is used for disposal of municipal solid waste, construction waste,
and demolition waste.
II.A.3 Landfill Cell 1 (designated as LNF-1)
Unit Description: One of two cells located at the landfill. This unlined cell began accepting waste
in the 1950s and closed in 2000.
II.A.4 Landfill Cell 2 (designated as LNF-2)
Unit Description: One of two cells located at the landfill. This lined cell began accepting waste in
August of 1998.
II.A.5 Landfill Gas-Collection and Control System
Unit Description: Landfill gas-collection system for cells 1 and 2 rated at 1200 scfm. The
collection system is controlled by a fully enclosed flare rated at 36.2 MMBtu/hr.
II.A.6 Landfill Gas (LFG) Generator Engine
LFG Generator Engine. Fuel: Landfill Gas. Rating: 2,233 HP.
II.A.7 Enclosed Primary Flare
A fully enclosed flare rated at 36.2 MMBTU/hr. This is part of the landfill gas collection and
control system.
II.A.8 Enclosed Back-up Flare
Enclosed backup flare. Rating: 36.2 MMBTU/hr. Manufactured Date: 2019. Provides additional
system reliability and safety to the LFG collection system and landfill operations.
II.A.9 Enclosed Flares
Includes Enclosed Primary Flare in II.A.7, and Enclosed Back-up Flare in II.A.8.
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II.A.10 Emergency NG Fired Backup Generator
Unit Description: One natural gas-fired Kohler backup generator rated at 195 Hp (installed May
2006).
Status: In Compliance. No unapproved equipment was observed. The LFG Generator Engine is an 86.3
Liter CAT 3520C, with a plate rating of 1672 kWh and 2242 hp. This horsepower is slightly higher
than 2,233 hp listed in the permit and AO DAQE-AN101290026-22; however, the generator
appears to be the same model used in the approval process and DAQ emissions modeling
(DAQE-MM101290026-22).
II.B Requirements and Limitations
The following emission limitations, standards, and operational limitations apply to the permitted facility
as indicated:
II.B.1 Conditions on permitted source (Source-wide).
II.B.1.a Condition:
(1) Opacity caused by fugitive dust shall not exceed 10% at the property boundary, and 20% on site.
[Origin: R307-309-5(1)]. [R307-309]
(2) The permittee shall submit a fugitive dust control plan to the Director in accordance with
R307-309-6. [Origin: R307-309-5(2)]. [R307-309]
(3) The permittee shall comply with the most current fugitive dust control plan (FDCP) acceptable to the
Director for control of all dust sources associated with the landfill operations.
[Origin: DAQE-AN101290026-22]. [R307-309]
(4) Opacity requirements shall not apply when the wind speed exceeds 25 miles per hour if the permittee
has implemented, and continues to implement, the accepted fugitive dust control plan and administers
one or more of the following contingency measures:
(a) Pre-event watering;
(b) Hourly watering;
(c) Additional chemical stabilization;
(d) Cease or reduce fugitive dust producing operations to the extent practicable.
[Origin: R307-309]. [R307-309-5]
II.B.1.a.1 Monitoring:
(1) For paragraph (1) of the above Condition: In lieu of monitoring via visible emissions
observations, adherence to the most recently approved fugitive dust control plan shall be
monitored to demonstrate that appropriate measures are being implemented to control
fugitive dust.
(2) Recordkeeping shall serve as monitoring for paragraph (2) of the above Condition.
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(3) Recordkeeping shall serve as monitoring for paragraph (3) of the above Condition.
(4) For paragraph (4) of the above Condition: wind speed shall be measured by an anemometer
to identify periods when velocity exceeds 25 mph. [R307-309-5(4)].
II.B.1.a.2 Recordkeeping:
(1) Actions taken to control fugitive dust shall be described and maintained in a log including:
(a) Date and names of those supervising the control; and
(b) The name of the person making the log entry.
(2) A copy of the FDCP shall be maintained on-site.
(3) Records of measures taken to control fugitive dust shall be maintained to demonstrate
adherence to the most recently approved fugitive dust control plan. Records shall be
maintained in accordance with the plan.
(4) If wind speeds are measured to establish an exception from the visible emissions limits,
records of the administered contingency measures and the wind speed measurements shall be
maintained.
(5) Records shall be maintained as described in Provision I.S.1 of this permit.
II.B.1.a.3 Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status: In Compliance. WIWMD appeared to be operating in accordance with their fugitive dust control
plan, which was submitted to DAQ in November 2001. Road watering is recorded. Areas are
re-vegetated when it becomes possible. Roads are swept twice weekly by a contractor, and as
needed by a company owned sweeper. The dust plan is kept on-site.
II.B.1.b Condition:
(1) If the permittee is responsible for construction or maintenance of any existing road or has right-of-
way easement or possesses the right to use the same whose activities result in fugitive dust from the
road, the permittee shall minimize fugitive dust to the maximum extent possible. If materials are
deposited that may create fugitive dust on a public or private paved road, the permittee shall clean the
road promptly.
(2) Unpaved Roads. If the permittee is responsible for construction or maintenance of any new or
existing unpaved road, the permittee shall prevent, to the maximum extent possible, the deposit of
material from the unpaved road onto any intersecting paved road during construction or maintenance.
If materials are deposited that may create fugitive dust on a public or private paved road, the
permittee shall clean the road promptly.
[Origin: R307-309]. [R307-309-9]
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II.B.1.b.1 Monitoring:
Records required for this permit condition will serve as monitoring.
II.B.1.b.2 Recordkeeping:
Records that demonstrate compliance with this condition and records required by the most
recently approved fugitive dust control plan shall be maintained in accordance with the plan and
section I.S.1 of this permit.
II.B.1.b.3 Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status: In Compliance. Paved roads are swept at least twice weekly. Unpaved roads, including roads
leading to the flares and LFG Generator (which is operated by an outside party), are watered daily.
II.B.1.c Condition:
Visible emissions from point sources shall be no greater than 20 percent opacity unless otherwise
specified in this permit. [Origin: DAQE-AN101290026-22]. [R307- 401-8]
II.B.1.c.1 Monitoring:
If an affected emission unit is operated during a calendar quarter, an opacity observation of the
emission unit shall be performed in the quarter that the emission unit was operated. The opacity
observation can be conducted at any time during the quarter. The opacity observation shall be
conducted by an individual trained on the observation procedures of 40 CFR 60, Appendix A,
Method 9, while the emission unit is operating. If visible emissions other than condensed water
vapor are observed from the emission unit, an opacity determination of that emission unit shall be
performed by a certified observer within 24 hours of the initial visual emission observation. The
opacity determination shall be performed in accordance with 40 CFR 60, Appendix A, Method 9.
II.B.1.c.2 Recordkeeping:
The permittee shall keep a log which includes the location and description of the emission unit.
For each quarter, the log shall include either the date of the opacity observation and if visual
emission other than condensed water vapor were observed or a note that the emission unit was
not operated. For each observed visual emission other than condensed water vapor the permittee
shall record: date and time of visual emission observation, emission unit location and description,
time and date of opacity determination, and percent opacity. The records required by this
provision and all data required by 40 CFR 60, Appendix A, Method 9 shall be maintained in
accordance with Provision I.S.1 of this permit.
II.B.1.c.3 Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status: In Compliance. Quarterly opacity observations have been performed and recorded on all
point sources.
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II.B.2 Conditions on Landfill.
II.B.2.a Condition:
The permittee shall comply with all applicable requirements in 40 CFR 60, Subpart XXX -Standards of
Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or
Modification After July 17, 2014. The permittee shall comply with the applicable General Provisions in
40 CFR 60, Subpart A.
(a) The permittee shall calculate a nonmethane organic compounds (NMOC) emission rate for the
landfill using the procedures specified in Monitoring below [Origin: 40 CFR 60.762(b)].
(1) If the calculated NMOC emission rate is less than 34 megagrams per year, the permittee shall:
(i) Submit an annual emission report to the Director, except as provided for in Reporting
(a)(1)(ii). [Origin: 40 CFR 60.762(b)(1)(i)]; and
(ii) Recalculate the NMOC emission rate annually using the procedures specified in Monitoring
(a) until such time as the calculated NMOC emission rate is equal to or greater than 34
megagrams per year, or the landfill is closed [Origin: 40 CFR 60.762(b)(1)(ii)].
(A) If the calculated NMOC emission rate, upon initial calculation or annual recalculation is
equal to or greater than 34 megagrams per year, the permittee shall either: comply with
paragraph (a)(2) below; calculate NMOC emissions using the next higher tier in
Monitoring (b)-(d); or conduct a surface emission monitoring demonstration using the
procedures specified in Monitoring (f). [Origin: 40 CFR 60.762(b)(1)(ii)(A)].
(B) If the landfill is permanently closed, a closure notification shall be submitted to the
Director as provided for in Reporting (e) [Origin: 40 CFR 60.762(b)(1)(ii)(B)].
(2) If the calculated NMOC emission rate is equal to or greater than 34 megagrams per year using
Tier 1, 2, or 3 procedures, the permittee shall either: submit a collection and control system
design plan prepared by a professional engineer to the Director within 1 year as specified in
Reporting (c); calculate NMOC emissions using the next higher tier in Monitoring; or conduct a
surface emission monitoring demonstration using the procedures specified in Monitoring (f).
Collection and control systems shall meet the requirements of 40 CFR 60.762(b)(2)(ii) and (iii).
[Origin: 40 CFR 60.762(b)(2)(i)]
(i) Collection and control system requirements:
(A) Shall be installed and started-up to capture gas generated within the landfill per the
requirements of 40 CFR 60.762(b)(2)(ii)(A)-(D) [Origin: 40 CFR 60.762(b)(2)(ii)]
(B) Shall route all the collected gas to a control system that complies with the requirements in
either 40 CFR 60.762(b)(2)(iii)(A), (B), or (C) [Origin: 40 CFR 60.762(b)(2)(iii)]
(C) All emissions from any atmospheric vent from the gas treatment system are subject to the
requirements of paragraph 40 CFR 60.762(b)(2)(iii)(A), or (B). Atmospheric vents
located on the condensate storage tank are not part of the treatment system and are
exempt from the requirements of paragraph 40 CFR 60.762(b)(2)(iii)(A), or (B)
[Origin: 40 CFR 60.762(b)(2)(iii)(D)].
15
(D) Collection and control devices shall be operated in accordance with 40 CFR 60.763, 40
CFR 60.765 and 40 CFR 60.766. [Origin: 40 CFR 60.762(b)(2)(iv)]
(E) Collection and control systems may be capped, removed, or decommissioned if the
criteria of 40 CFR 60.762(b)(2)(v)(A)-(C) are met. [Origin: 40 CFR 60.762(b)(2)(v)].
(b) When the MSW landfill is closed, the permittee is no longer subject to the requirement to maintain an
operating permit under 40 CFR Part 70 for the landfill if the landfill is not otherwise subject to the
requirements of 40 CFR Part 70 and if either of the following conditions are met
[Origin: 40 CFR 60.762(d)]:
(1) The landfill was never subject to the requirement for a control system under paragraph (a)(2)
above. [Origin: 40 CFR 60.762(d)(1)]; or
(2) The permittee meets the conditions for control system removal specified in 40 CFR
60.762(b)(2)(v) [Origin: 40 CFR 60.762(d)(2)].
[Origin: 40 CFR 60 Subpart XXX]. [40 CFR 60.762(b)(1)-(2), 40 CFR 60.762(d)(1)-(2)]
II.B.2.a.1 Monitoring:
(a) NMOC emission rate. The permittee shall calculate the NMOC emission rate using either
the equation provided in paragraph (a)(1) or (a)(2) below. Both equations may be used if the
actual year to year solid waste acceptance rate is known, as specified in paragraph (a)(1) for
part of the life of the landfill and the actual year to year solid waste acceptance rate is
unknown, as specified in paragraph (a)(2), for part of the life of the landfill. The values to be
used in both equations are 0.02 per year for "k", 170 cubic meters per megagram for Lo, and
4,000 parts per million by volume as hexane for the CNMOC [40 CFR 60.764(a)(1)].
(1) The following equation shall be used if the actual year to year solid waste acceptance rate
is known.
MNMOC= Sum (2 k Lo Mi(e-kti)(CNMOC)(3.6x10-9)) of i through n where,
MNMOC=Total NMOC emission rate from the landfill, megagrams per year
k = methane generation rate constant, year-1
Lo = methane generation potential, cubic meters per megagram solid waste
Mi = mass of solid waste in the ith section, megagrams
ti = age of the ith section, years
CNMOC = concentration of NMOC, parts per million by volume as hexane
3.6x10-9 = 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 Mi if
documentation of the nature and amount of such wastes is maintained.
[40 CFR 60.764(a)(1)(i)(A)-(B)]
16
(2) The following equation shall be used if the actual year-to-year solid waste acceptance
rate is unknown.
MNMOC = 2Lo R (e-kc-e-kt) CNMOC (3.6 x 10-9)
Where:
MNMOC = mass emission rate of NMOC, megagrams per year
Lo = methane generation potential, cubic meters per megagram solid waste
R = average annual acceptance rate, megagrams per year
k = methane generation rate constant, year-1
t = age of landfill, years
CNMOC = concentration of NMOC, parts per million by volume as hexane
c = time since closure, years; for active landfill c = O and e-kc = 1
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 of R, if
documentation of the nature and amount of such wastes is maintained.
[40 CFR 60.764(a)(1)(ii)(A)-(B)]
(b) Tier 1. The permittee shall compare the calculated NMOC mass emission rate to the standard
of 34 megagrams per year.
[40 CFR 60.764(a)(2)]
(1) If the NMOC emission rate calculated in paragraph (a), above, is less than 34 megagrams
per year, then the permittee shall submit an NMOC emission rate report according to
Reporting (a), and shall recalculate the NMOC mass emission rate annually as required
by Condition (a)(1).
[40 CFR 60.764(a)(2)(i)]
(2) If the calculated NMOC emission rate is equal to or greater than 34 megagrams per year
as calculated by paragraph (a) above, then the permittee shall either: submit a gas
collection and control system design plan within 1 year as specified in 40 CFR 60.767(c)
and install and operate a gas collection and control system within 30 months according to
40 CFR 60.762(b)(2)(ii) and (iii), determine a site specific NMOC concentration and
recalculate the NMOC emission rate using the Tier 2 procedures provided in
paragraph(c) below, or determine a site-specific methane generation rate constant and
recalculate the NMOC emission rate using the Tier 3 procedures provided in paragraph
(d) below.
[40 CFR 60.764(a)(2)(ii)].
17
(c) Tier 2. The landfill permittee shall determine the site-specific NMOC concentration using the
sampling procedures described in 40 CFR 60.764(a)(3). [40 CFR 60.764(a)(3)]
(1) Within 60 days after the date of completing each performance test (as defined in 40 CFR
60.8), the permittee shall submit the results according to Reporting (i)(1).
[40 CFR 60.764(a)(3)(i)]
(2) The permittee shall recalculate the NMOC mass emission rate using the equation
provided in paragraph (a)(1) or (a)(2) above and using the average site-specific NMOC
concentration from the collected samples instead of the default value provided in
paragraph (a) above. [40 CFR 60.764(a)(3)(ii)]
(3) If the resulting NMOC mass emission rate is less than 34 megagrams per year, then the
permittee shall submit a periodic estimate of NMOC emissions in an NMOC emission
rate report according to Reporting (a)(1), and shall recalculate the NMOC mass emission
rate annually as required under Condition (a)(1)(ii). The site-specific NMOC
concentration shall be retested every 5 years using the methods specified in this
Monitoring section. [40 CFR 60.764(a)(3)(iii)]
(4) If the NMOC mass emission rate as calculated using the Tier 2 site-specific NMOC
concentration is equal to or greater than 34 megagrams per year, the landfill permittee
shall either:
(i) Submit a gas collection and control system design plan within 1 year as specified in
40 CFR 60.767(c) and install and operate a gas collection and control system within
30 months according to 40 CFR 60.762(b)(2)(ii) and (iii);
(ii) Determine a site-specific methane generation rate constant and recalculate the
NMOC emission rate using the site-specific methane generation rate using the Tier 3
procedures specified in paragraph (d) below; or
(iii) Conduct a surface emission monitoring demonstration using the Tier 4 procedures
specified in paragraph (f) below.
[40 CFR 60.764(a)(3)(iv)(A)-(C)].
(d) Tier 3. The site specific methane generation rate constant shall be determined using the
procedures provided in 40 CFR 60 Appendix A Method 2E. The permittee shall estimate the
NMOC mass emission rate using equations in paragraph (a) above and using a site specific
methane generation rate constant k, and the site specific NMOC concentration as determined
in paragraph (c) above instead of the default values provided in paragraph (a) above. The
permittee shall compare the resulting NMOC mass emission rate to the standard of 34
megagrams per year. [40 CFR 60.764(a)(4)]
(1) If the NMOC mass emission rate as calculated using the Tier 2 site-specific NMOC
concentration and Tier 3 site-specific methane generation rate is equal to or greater than
34 megagrams per year, the permittee shall either:
(i) Submit a gas collection and control system design plan within 1 year as specified in
40 CFR 60.767(c) and install and operate a gas collection and control system within
30 months according to 40 CFR 60.762(b)(2)(ii) and (iii); or
18
(ii) Conduct a surface emission monitoring demonstration using the Tier 4 procedures
specified in paragraph (f) below. [40 CFR 60.764(a)(4)(i)(A)-(B)]
(2) If the NMOC mass emission rate is less than 34 megagrams per year, then the permittee
shall recalculate the NMOC mass emission rate annually using the equation provided in
paragraph (a)(1) or (a)(2) above and using the site-specific Tier 2 NMOC concentration
and Tier 3 methane generation rate constant and submit a periodic NMOC emission rate
report as provided in 40 CFR 60.767(b)(1). The calculation of the methane generation
rate constant is performed only once, and the value obtained from this test shall be used
in all subsequent annual NMOC emission rate calculations. [40 CFR 60.754(a)(4)(ii)]
(e) Other methods. The permittee may use other methods to determine the NMOC concentration or
a site-specific methane generation rate constant as an alternative to the methods required in
paragraphs (c) and (d) above if the method has been approved by the Administrator.
[40 CFR 60.764(a)(5)].
(f) Tier 4. The landfill permittee shall demonstrate that surface methane emissions are below 500
parts per million. Surface emission monitoring shall be conducted on a quarterly basis using the
following procedures. Tier 4 is allowed only if the landfill permittee can demonstrate that NMOC
emissions are greater than or equal to 34 Mg/yr but less than 50 Mg/yr using Tier 1 or Tier 2. If
both Tier 1 and Tier 2 indicate NMOC emissions are 50 Mg/yr or greater, then Tier 4 cannot be
used. In addition, the landfill shall meet the criteria in paragraph (f)(viii) below.
[40 CFR 60.764(a)(6)]
(i) The permittee shall measure surface concentrations of methane along the entire perimeter
of the landfill and along a pattern that traverses the landfill at no more than 30-meter
intervals using an organic vapor analyzer, flame ionization detector, or other portable
monitor meeting the specifications provided in 40 CFR 60.765(d).
[40 CFR 60.764(a)(6)(i)]
(ii) The background concentration shall be determined by moving the probe inlet upwind and
downwind at least 30 meters from the waste mass boundary of the landfill.
[40 CFR 60.764(a)(6)(ii)]
(iii) Surface emission monitoring shall be performed in accordance with section 8.3.1 of
Method 21 of appendix A of 40 CFR Part 60, except that the probe inlet shall be placed no
more than 5 centimeters above the landfill surface; the constant measurement of distance
above the surface should be based on a mechanical device such as with a wheel on a pole,
except as described in paragraph (A) below. [40 CFR 60.764(a)(6)(iii)]
(A) The permittee shall use a wind barrier, similar to a funnel, when onsite average wind
speed exceeds 4 miles per hour or 2 meters per second or gust exceeding 10 miles per
hour. Average on-site wind speed shall also be determined in an open area at 5-minute
intervals using an on-site anemometer with a continuous recorder and data logger for
the entire duration of the monitoring event. The wind barrier shall surround the surface
emissions monitor (SEM), and shall be placed on the ground, to ensure wind
turbulence is blocked. SEM cannot be conducted if average wind speed exceeds 25
miles per hour. [40 CFR 60.764(a)(6)(iii)(A)]
(B) Landfill surface areas where visual observations indicate elevated concentrations of
landfill gas, such as distressed vegetation and cracks or seeps in the cover, and all
19
cover penetrations shall also be monitored using a device meeting the specifications
provided in 40 CFR 60.765(d). [40 CFR 60.764(a)(6)(iii)(B)]
(iv) Each permittee seeking to comply with the Tier 4 provisions in paragraph (f) of this
Monitoring section shall maintain records of surface emission monitoring as provided in 40
CFR 60.768(g) and submit a Tier 4 surface emissions report as provided in Reporting
(c)(4)(iii). [40 CFR 60.764(a)(6)(iv)].
(v) If there is any measured concentration of methane of 500 parts per million or greater from
the surface of the landfill, the permittee shall submit a gas collection and control system
design plan within 1 year of the first measured concentration of methane of 500 parts per
million or greater from the surface of the landfill according to 40 CFR 60.767(c) and install
and operate a gas collection and control system according to 40 CFR 60.762 (b)(2)(ii) and
(iii) within 30 months of the most recent NMOC emission rate report in which the NMOC
emission rate equals or exceeds 34 megagrams per year based on Tier 2.
[40 CFR 60.764(a)(6)(v)]
(vi) If after four consecutive quarterly monitoring periods at a landfill, other than a closed
landfill, there is no measured concentration of methane of 500 parts per million or greater
from the surface of the landfill, the permittee shall continue quarterly surface emission
monitoring using the methods specified in this Tier 4 section. [40 CFR 60.764(a)(6)(vi)]
(vii) If after four consecutive quarterly monitoring periods at a closed landfill there is no
measured concentration of methane of 500 parts per million or greater from the surface of
the landfill, the permittee shall conduct annual surface emission monitoring using the
methods specified in this Tier 4 section. [40 CFR 60.764(a)(6)(vii)]
(viii) If a landfill has installed and operates a collection and control system that is not required
by this subpart, then the collection and control system shall meet the following criteria:
(A) The gas collection and control system shall have operated for 6,570 out of 8,760 hours
preceding the Tier 4 surface emissions monitoring demonstration.
[40 CFR 60.764(a)(6)(viii)(A)]
During the Tier 4 surface emissions monitoring demonstration, the gas collection and control system shall
operate as it normally would to collect and control as much landfill gas as possible.
[40 CFR 60.764(a)(6)(viii)(B)]
(g) NMOC emission rate for capping, removing, or decommissioning collection and control
system. After the installation and startup of a collection and control system in compliance with
this subpart, the permittee shall calculate the NMOC emission rate for purposes of determining
when the system can be capped, removed or decommissioned as provided in 40 CFR
60.762(b)(2)(v), using Equation 3 below:
MNMOC = 1.89 x 10-3QLFG CNMOC (Eq. 3)
Where:
MNMOC = Mass emission rate of NMOC, megagrams per year.
QLFG = Flow rate of landfill gas, cubic meters per minute.
CNMOC = NMOC concentration, parts per million by volume as hexane.
20
(1) The flow rate of landfill gas, QLFG, shall be determined by measuring the total landfill gas
flow rate at the common header pipe that leads to the control system using a gas flow
measuring device calibrated according to the provisions of section 10 of Method 2E of
appendix A of 40 CFR Part 60.
(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 25 or Method 25C. The
sample location on the common header pipe shall be before any condensate removal or other
gas refining units. The landfill permittee shall divide the NMOC concentration from Method
25 or Method 25C of appendix A of 40 CFR Part 60 by six to convert from CNMOC as
carbon to CNMOC as hexane.
(3) The permittee may use another method to determine landfill gas flow rate and NMOC
concentration if the method has been approved by the Administrator.
(i) Within 60 days after the date of completing each performance test (as defined in 40
CFR 60.8), the permittee shall submit the results of the performance test, including any
associated fuel analyses, according to 40 CFR 60.767(i)(1).
(ii) [Reserved]
[40 CFR 60.764(b)(1)-(3)].
(h) PSD. When calculating emissions for Prevention of Significant Deterioration purposes, the
permittee shall estimate the NMOC emission rate for comparison to the Prevention of Significant
Deterioration major source and significance levels in 40 CFR 51.166 or 52.21 using Compilation
of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources (AP-42) or other
approved measurement procedures.
[40 CFR 60.764(c)]
(i) Collection systems: For the performance test required in 40 CFR 60.762(b)(2)(iii)(B), Method
25 or 25C (Method 25C may be used at the inlet only) of appendix A of 40 CFR Part 60 shall be
used to determine compliance with the 98 weight-percent efficiency or the 20 parts per million by
volume outlet concentration level, unless another method to demonstrate compliance has been
approved by the Administrator as provided by 40 CFR 60.767(c)(2). Method 3, 3A, or 3C shall
be used to determine oxygen for correcting the NMOC concentration as hexane to 3 percent. In
cases where the outlet concentration is less than 50 ppm NMOC as carbon (8 ppm NMOC as
hexane), Method 25A should be used in place of Method 25. Method 18 may be used in
conjunction with Method 25A on a limited basis (compound specific, e.g., methane) or Method
3C may be used to determine methane. The methane as carbon should be subtracted from the
Method 25A total hydrocarbon value as carbon to give NMOC concentration as carbon. The
landowner or operator shall divide the NMOC concentration as carbon by 6 to convert from the
CNMOC as carbon to CNMOC as hexane. Equation 4 below shall be used to calculate efficiency:
Control Efficiency = (NMOCin – NMOCout)/(NMOCin) (Eq. 4)
Where:
NMOCin = Mass of NMOC entering control device.
NMOCout = Mass of NMOC exiting control device.
[40 CFR 60.764(d)]
21
(j) Control systems: For the performance test required in 40 CFR 60.762(b)(2)(iii)(A), the net
heating value of the combusted landfill gas as determined in 40 CFR 60.18(f)(3) is calculated
from the concentration of methane in the landfill gas as measured by Method 3C. A minimum of
three 30-minute Method 3C samples are determined. The measurement of other organic
components, hydrogen, and carbon monoxide is not applicable. Method 3C may be used to
determine the landfill gas molecular weight for calculating the flare gas exit velocity under 40
CFR 60.18(f)(4).
(1) Within 60 days after the date of completing each performance test (as defined in 40 CFR
60.8), the permittee shall submit the results of the performance tests, including any associated
fuel analyses, required by 40 CFR 60.764(b) or (d) according to 40 CFR 60.767(i)(1).
(2) Reserved
[40 CFR 60.764(e)(1)-(2)].
II.B.2.a.2 Recordkeeping:
(a) The permittee shall maintain records required under 40 CFR Part 60.768(a)-(f), as they
apply.
(b) Site-specific surface methane emissions demonstration. Landfill permittee seeking to
demonstrate that site-specific surface methane emissions are below 500 parts per million by
conducting surface emission monitoring under the Tier 4 procedures above shall keep for at
least 5 years up-to-date, readily accessible records of all surface emissions monitoring and
information related to monitoring instrument calibrations conducted according to sections 8
and 10 of Method 21 of appendix A of 40 CFR Part 60, including all of the following items:
(1) Calibration records:
(i) Date of calibration and initials of operator performing the calibration.
(ii) Calibration gas cylinder identification, certification date, and certified concentration.
(iii) Instrument scale(s) used.
(iv) A description of any corrective action taken if the meter readout could not be
adjusted to correspond to the calibration gas value.
(v) If a permittee makes their own calibration gas, a description of the procedure used.
(2) Digital photographs of the instrument setup, including the wind barrier. The photographs
shall be time and date-stamped and taken at the first sampling location prior to sampling
and at the last sampling location after sampling at the end of each sampling day, for the
duration of the Tier 4 monitoring demonstration.
(3) Timestamp of each surface scan reading:
(i) Timestamp should be detailed to the nearest second, based on when the
sample collection begins.
22
(ii) A log for the length of time each sample was taken using a stopwatch (e.g., the time
the probe was held over the area).
(4) Location of each surface scan reading. The permittee shall determine the coordinates
using an instrument with an accuracy of at least 4 meters. Coordinates shall be in decimal
degrees with at least five decimal places.
(5) Monitored methane concentration (parts per million) of each reading.
(6) Background methane concentration (parts per million) after each instrument calibration
test.
(7) Adjusted methane concentration using most recent calibration (parts per million).
(8) For readings taken at each surface penetration, the unique identification location label
matching the label specified in 40 CFR 60.768(d).
(9) Records of the operating hours of the gas collection system for each destruction device.
[40 CFR 60.768(g)]
(c) Collection and control system monitoring data. Except as provided in 40 CFR
60.767(c)(2), the permittee shall keep for at least 5 years up-to-date, readily accessible
records of all collection and control system monitoring data for parameters measured in 40
CFR 60.766(a)(1), (2), and (3), as applies.
[40 CFR 60.768(h)]
(d) Electronic records. Any records required to be maintained by 40 CFR Part 60, Subpart
XXX that are submitted electronically via the EPA's CDX may be maintained in electronic
format.
[40 CFR 60.768(i)]
(e) Leachate or liquids addition. Permittees reporting leachate or other liquids addition under
Reporting (k), shall keep records of any engineering calculations or company records used to
estimate the quantities of leachate or liquids added, the surface areas for which the leachate or
liquids were applied, and the estimates of annual waste acceptance or total waste in place in
the areas where leachate or liquids were applied.
[40 CFR 60.768(j)]
(f) Results of monitoring shall also be maintained in accordance with provision I.S.1 of this
permit.
II.B.2.a.3 Reporting:
(a) NMOC emission rate report. The permittee shall submit an NMOC emission rate report
following the procedure specified in paragraph (i)(2) below to the Administrator initially and
annually thereafter, except as provided for in paragraph (a)(1)(ii) below. The Administrator
23
may request such additional information as may be necessary to verify the reported NMOC
emission rate.
[40 CFR 60.767(b)]
(1) The NMOC emission rate report shall contain an annual or 5-year estimate of the NMOC
emission rate calculated using the formula and procedures provided in Monitoring (a)-(f)
or (g), as applicable.
[40 CFR 60.767(b)(1)]
(i) The initial NMOC emission rate report shall be submitted no later than indicated in
paragraphs (A) and (B) below. Subsequent NMOC emission rate reports shall be
submitted annually thereafter, except as provided for in paragraph (a)(1)(ii) below.
[40 CFR 60.767(b)(1)(i)]
(A) November 28, 2016, for landfills that commenced construction, modification, or
reconstruction after July 17, 2014, but before August 29, 2016, or
[40 CFR 60.767(b)(1)(i)(A)]
(B) Ninety days after the date of commenced construction, modification, or
reconstruction for landfills that commence construction, modification, or
reconstruction after August 29, 2016.
[40 CFR 60.767(b)(1)(i)(B)]
(ii) If the estimated NMOC emission rate as reported in the annual report to the
Administrator is less than 34 megagrams per year in each of the next 5 consecutive
years, the permittee may elect to submit, following the procedure specified in
paragraph (i)(2) below, 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 Administrator. 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 Administrator. 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.
[40 CFR 60.767(b)(1)(ii)]
(2) The NMOC emission rate report shall include all the data, calculations, sample reports
and measurements used to estimate the annual or 5-year emissions.
[40 CFR 60.767(b)(2)]
(3) Each permittee subject to the requirements of this subpart is exempted from the
requirements to submit an NMOC emission rate report, after installing a collection and
24
control system that complies with 40 CFR 60.762(b)(2), during such time as the
collection and control system is in operation and in compliance with 40 CFR 60.763 and
40 CFR 60.765.
[40 CFR 60.767(b)(3)]
(b) Reserved.
(c) Collection and control system design plan. Each permittee subject to Condition (a)(2)
shall submit a collection and control system design plan to the Administrator for approval
according to the schedule in paragraph (c)(4) below. The collection and control system design
plan shall be prepared and approved by a professional engineer and shall meet the following
requirements:
(1) The collection and control system as described in the design plan shall meet the design
requirements in 40 CFR 60.762(b)(2).
[40 CFR 60.767(c)(1)]
(2) The collection and control system design plan shall include any alternatives to the
operational standards, test methods, procedures, compliance measures, monitoring,
recordkeeping or reporting provisions of 40 CFR 60.763 through 60.768 proposed by the
permittee.
[40 CFR 60.767(c)(2)]
(3) The collection and control system design plan shall either conform with specifications for
active collection systems in 40 CFR 60.769 or include a demonstration to the
Administrator's satisfaction of the sufficiency of the alternative provisions to 40 CFR
60.769.
[40 CFR 60.767(c)(3)]
(4) Each permittee of an MSW landfill having a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters shall submit a collection and control
system design plan to the Administrator for approval within 1 year of the first NMOC
emission rate report in which the NMOC emission rate equals or exceeds 34 megagrams
per year, except as follows:
(i) If the permittee elects to recalculate the NMOC emission rate after Tier 2 NMOC
sampling and analysis as provided in Monitoring (c) above, and the resulting rate is
less than 34 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 34 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, following the procedures
in paragraph (i)(2) below, within 180 days of the first calculated exceedance of 34
megagrams per year.
(ii) If the permittee elects to recalculate the NMOC emission rate after determining a
site-specific methane generation rate constant k, as provided in Tier 3 of Monitoring
(d), and the resulting NMOC emission rate is less than 34 Mg/yr, annual periodic
25
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 Tier 3 of Monitoring (d) and the resulting site-
specific methane generation rate constant k shall be submitted, following the
procedure specified in paragraph (i)(2) below, to the Administrator within 1 year of
the first calculated emission rate equaling or exceeding 34 megagrams per year.
(iii) If the permittee elects to demonstrate that site-specific surface methane emissions are
below 500 parts per million methane, based on the provisions of Tier 4 of
Monitoring (f), then the permittee shall submit annually a Tier 4 surface emissions
report as specified in this paragraph following the procedure specified in paragraph
(i)(2) below until surface emissions readings of 500 parts per million methane or
greater is found. If the Tier 4 surface emissions report shows no surface emissions
readings of 500 parts per million methane or greater for four consecutive quarters at a
closed landfill, then the landfill permittee may reduce Tier 4 monitoring from a
quarterly to an annual frequency. The Administrator may request such additional
information as may be necessary to verify the reported instantaneous surface
emission readings. The Tier 4 surface emissions report shall clearly identify the
location, date and time (to nearest second), average wind speeds including wind
gusts, and reading (in parts per million) of any value 500 parts per million methane or
greater, other than non-repeatable, momentary readings. For location, the permittee
shall determine the latitude and longitude coordinates using an instrument with an
accuracy of at least 4 meters. The coordinates shall be in decimal degrees with at
least five decimal places. The Tier 4 surface emission report shall also include the
results of the most recent Tier 1 and Tier 2 results in order to verify that the landfill
does not exceed 50 Mg/yr of NMOC.
(A) The initial Tier 4 surface emissions report shall be submitted annually, starting
within 30 days of completing the fourth quarter of Tier 4 surface emissions
monitoring that demonstrates that site-specific surface methane emissions are
below 500 parts per million methane, and following the procedure specified in
paragraph (i)(2) below.
(B) The Tier 4 surface emissions report shall be submitted within 1 year of the first
measured surface exceedance of 500 parts per million methane, following the
procedure specified in paragraph (i)(2) below.
[40 CFR 60.767(c)(4)]
(5) The landfill permittee shall notify the Administrator that the design plan is completed and
submit a copy of the plan's signature page. The Administrator has 90 days to decide
whether the design plan should be submitted for review. If the Administrator chooses to
review the plan, the approval process continues as described in paragraph (c)(6) below.
However, if the Administrator indicates that submission is not required or does not
respond within 90 days, the landfill permittee can continue to implement the plan with
the recognition that the permittee is proceeding at their own risk. In the event that the
design plan is required to be modified to obtain approval, the permittee shall take any
steps necessary to conform any prior actions to the approved design plan and any failure
to do so could result in an enforcement action.
[40 CFR 60.767(c)(5)]
26
(6) Upon receipt of an initial or revised design plan, the Administrator shall review the
information submitted under paragraphs (c)(1) through (3) above and either approve it,
disapprove it, or request that additional information be submitted. Because of the many
site-specific factors involved with landfill gas system design, alternative systems may be
necessary. A wide variety of system designs are possible, such as vertical wells,
combination horizontal and vertical collection systems, or horizontal trenches only,
leachate collection components, and passive systems. If the Administrator does not
approve or disapprove the design plan, or does not request that additional information be
submitted within 90 days of receipt, then the permittee may continue with
implementation of the design plan, recognizing they would be proceeding at their own
risk.
[40 CFR 60.767(c)(6)]
(7) If the permittee chooses to demonstrate compliance with the emission control
requirements using a treatment system as defined in 40 CFR Part 60, Subpart XXX, then
the permittee shall prepare a site-specific treatment system monitoring plan as specified
in 40 CFR 60.768(b)(5).
[40 CFR 60.767(c)(7)]
(d) Revised design plan. The permittee who has already been required to submit a design plan
under paragraph (c) above shall submit a revised design plan to the Administrator for
approval as follows:
(1) At least 90 days before expanding operations to an area not covered by the previously
approved design plan.
(2) Prior to installing or expanding the gas collection system in a way that is not consistent
with the design plan that was submitted to the Administrator according to paragraph (c)
above.
[40 CFR 60.767(d)]
(e) Closure report. Each permittee of a controlled landfill shall submit a closure report to the
Administrator within 30 days of waste acceptance cessation. The Administrator may request
additional information as may be necessary to verify that permanent closure has taken place
in accordance with the requirements of 40 CFR 258.60. If a closure report has been submitted
to the Administrator, no additional wastes may be placed into the landfill without filing a
notification of modification as described under 40 CFR 60.7(a)(4).
[40 CFR 60.767(e)]
(f) Equipment removal report. The permittee shall submit an equipment removal report to the
Administrator 30 days prior to removal or cessation of operation of the control equipment.
(1) The equipment removal report shall contain all of the following items:
(i) A copy of the closure report submitted in accordance with paragraph (e) above;
27
(ii) A copy of the initial performance test report demonstrating that the 15-year minimum
control period has expired, unless the report of the results of the performance test has
been submitted to the EPA via the EPA's CDX, or information that demonstrates that
the GCCS will be unable to operate for 15 years due to declining gas flows. In the
equipment removal report, the process unit(s) tested, the pollutant(s) tested, and the
date that such performance test was conducted may be submitted in lieu of the
performance test report if the report has been previously submitted to the EPA's
CDX; and
(iii) Dated copies of three successive NMOC emission rate reports demonstrating that the
landfill is no longer producing 34 megagrams or greater of NMOC per year, unless
the NMOC emission rate reports have been submitted to the EPA via the EPA's
CDX. If the NMOC emission rate reports have been previously submitted to the
EPA's CDX, a statement that the NMOC emission rate reports have been submitted
electronically and the dates that the reports were submitted to the EPA's CDX may be
submitted in the equipment removal report in lieu of the NMOC emission rate
reports.
(2) The Administrator may request such additional information as may be necessary to verify
that all of the conditions for removal in 40 CFR 60.762(b)(2)(v) have been met.
[40 CFR 60.767(f)].
(g) Annual report- Active collection systems: The permittee of a landfill seeking to comply
with 40 CFR 60.762(b)(2) using an active collection system designed in accordance with 40
CFR 60.762(b)(2)(ii) shall submit to the Administrator, following the procedure specified in
paragraph (i)(2) below, annual reports of the recorded information in paragraphs (g)(1)
through (7) below. The initial annual report shall be submitted within 180 days of installation
and startup of the collection and control system, and shall include the initial performance test
report required under 40 CFR 60.8, as applicable, unless the report of the results of the
performance test has been submitted to the EPA via the EPA's CDX. In the initial annual
report, the process unit(s) tested, the pollutant(s) tested, and the date that such performance
test was conducted may be submitted in lieu of the performance test report if the report has
been previously submitted to the EPA's CDX. For enclosed combustion devices and flares,
reportable exceedances are defined under 40 CFR 60.768(c).
(1) Value and length of time for exceedance of applicable parameters monitored under 40
CFR 60.766(a), (b), (c), (d), and (g).
(2) Description and duration of all periods when the gas stream was diverted from the control
device or treatment system through a bypass line or the indication of bypass flow as
specified under 40 CFR 60.766.
(3) Description and duration of all periods when the control device or treatment system was
not operating and length of time the control device or treatment system was not
operating.
(4) All periods when the collection system was not operating.
(5) The location of each exceedance of the 500 parts per million methane concentration as
provided in 40 CFR 60.763(d) and the concentration recorded at each location for which
28
an exceedance was recorded in the previous month. For location, the permittee shall
determine the latitude and longitude coordinates using an instrument with an accuracy of
at least 4 meters. The coordinates shall be in decimal degrees with at least five decimal
places.
(6) The date of installation and the location of each well or collection system expansion
added pursuant to 40 CFR 60.765(a)(3), (a)(5), (b), and (c)(4).
(7) For any corrective action analysis for which corrective actions are required in 40 CFR
60.765(a)(3) or (5) and that take more than 60 days to correct the exceedance, the root
cause analysis conducted, including a description of the recommended corrective
action(s), the date for corrective action(s) already completed following the positive
pressure reading, and, for action(s) not already completed, a schedule for implementation,
including proposed commencement and completion dates.
[40 CFR 60.767(g)(1)-(7)]
(h) Initial performance test report- Control systems: Each permittee seeking to comply with
40 CFR 60.762(b)(2)(iii) shall include the following information with the initial performance
test report required under 40 CFR 60.8:
(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;
(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.
[40 CFR 60.767(h)(1)-(6)]
(i) Electronic reporting. The permittee shall submit reports electronically according to
paragraphs (i)(1) and (2) below.
(1) Within 60 days after the date of completing each performance test (as defined in 40 CFR
60.8), the permittee shall submit the results of each performance test according to the
following procedures:
29
(i) For data collected using test methods supported by the EPA's Electronic Reporting
Tool (ERT) as listed on the EPA's ERT Web site
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the test, the
permittee shall submit the results of the performance test to the EPA via the
Compliance and Emissions Data Reporting Interface (CEDRI). CEDRI can be
accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).
Performance test data shall be submitted in a file format generated through the use of
the EPA's ERT or an alternative file format consistent with the extensible markup
language (XML) schema listed on the EPA's ERT Web site, once the XML schema is
available. If the permittee claims that some of the performance test information being
submitted is confidential business information (CBI), the permittee shall submit a
complete file generated through the use of the EPA's ERT or an alternate electronic
file consistent with the XML schema listed on the EPA's ERT Web site, including
information claimed to be CBI, on a compact disc, flash drive or other commonly
used electronic storage media to the EPA. The electronic media shall be clearly
marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention:
Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT or alternate file with the CBI omitted shall be
submitted to the EPA via the EPA's CDX as described earlier in this paragraph.
(ii) For data collected using test methods that are not supported by the EPA's ERT as
listed on the EPA's ERT Web site at the time of the test, the permittee shall submit
the results of the performance test to the Administrator at the appropriate address
listed in 40 CFR 60.4.
(2) Permittees required to submit reports following the procedure specified in this paragraph
shall submit reports to the EPA via the CEDRI. (CEDRI can be accessed through the
EPA's CDX.) The permittee shall use the appropriate electronic report in CEDRI for this
subpart or an alternate electronic file format consistent with the XML schema listed on
the CEDRI Web site (https://www3.epa.gov/ttn/chief/cedri/index.html). If the reporting
form specific to this subpart is not available in CEDRI at the time that the report is due,
the permittee shall submit the report to the Administrator at the appropriate address listed
in 40 CFR 60.4. Once the form has been available in CEDRI for 90 calendar days, the
permittee shall begin submitting all subsequent reports via CEDRI. The reports shall be
submitted by the deadlines specified in this subpart, regardless of the method in which
the reports are submitted.
[40 CFR 60.767(i)]
(j) Corrective action and the corresponding timeline (gas collection systems): The permittee
shall submit reports according to paragraphs (j)(1) and (j)(2) below.
(1) For corrective action that is required according to 40 CFR 60.765(a)(3)(iii) or (a)(5)(iii)
and is expected to take longer than 120 days after the initial exceedance to complete, the
permittee shall submit the root cause analysis, corrective action analysis, and
corresponding implementation timeline to the Administrator as soon as practicable but no
later than 75 days after the first measurement of positive pressure or temperature
monitoring value of 55 degrees Celsius (131 degrees Fahrenheit). The Administrator
shall approve the plan for corrective action and the corresponding timeline.
[40 CFR 60.767(j)(1)]
30
(2) For corrective action that is required according to 40 CFR 60.765(a)(3)(iii) or (a)(5)(iii)
and is not completed within 60 days after the initial exceedance, the permittee shall
submit a notification to the Administrator as soon as practicable but no later than 75 days
after the first measurement of positive pressure or temperature exceedance.
[40 CFR 60.767(j)(2)]
(k) Liquids addition. The permittee of an affected landfill with a design capacity equal to or
greater than 2.5 million megagrams and 2.5 million cubic meters that has employed leachate
recirculation or added liquids based on a Research, Development, and Demonstration permit
(issued through Resource Conservation and Recovery Act, subtitle D, part 258) within the
last 10 years shall submit to the Administrator, annually, following the procedure specified in
paragraph (i)(2) above, the following information:
(1) Volume of leachate recirculated (gallons per year) and the reported basis of those
estimates (records or engineering estimates).
(2) Total volume of all other liquids added (gallons per year) and the reported basis of those
estimates (records or engineering estimates).
(3) Surface area (acres) over which the leachate is recirculated (or otherwise applied).
(4) Surface area (acres) over which any other liquids are applied.
(5) The total waste disposed (megagrams) in the areas with recirculated leachate and/or
added liquids based on on-site records to the extent data are available, or engineering
estimates and the reported basis of those estimates.
(6) The annual waste acceptance rates (megagrams per year) in the areas with recirculated
leachate and/or added liquids, based on on-site records to the extent data are available, or
engineering estimates.
(7) The initial report shall contain items in paragraph (k)(1) through (6) above per year for
the initial annual reporting period as well as for each of the previous 10 years, to the
extent historical data are available in on-site records, and the report shall be submitted no
later than:
(i) September 27, 2017, for landfills that commenced construction, modification, or
reconstruction after July 17, 2014 but before August 29, 2016 containing data for the
first 12 months after August 29, 2016; or
(ii) Thirteen (13) months after the date of commenced construction, modification, or
reconstruction for landfills that commence construction, modification, or
reconstruction after August 29, 2016 containing data for the first 12 months after
August 29, 2016.
(8) Subsequent annual reports shall contain items in paragraph (k)(1) through (6) above for
the 365-day period following the 365-day period included in the previous annual report,
and the report shall be submitted no later than 365 days after the date the previous report
was submitted.
31
(9) Landfills may cease annual reporting of items in paragraphs (k)(1) through (7) above
once they have submitted the closure report in paragraph (e) above.
[40 CFR 60.767(k)]
(l) Tier 4 notification.
(1) The permittee of an affected landfill with a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters shall provide a notification of the date(s)
upon which it intends to demonstrate site-specific surface methane emissions are below
500 parts per million methane, based on the Tier 4 provisions of Monitoring (f). The
landfill shall also include a description of the wind barrier to be used during the SEM in
the notification. Notification shall be postmarked not less than 30 days prior to such date.
(2) If there is a delay to the scheduled Tier 4 SEM date due to weather conditions, including
not meeting the wind requirements in Monitoring (f)(iii)(A), the permittee of a landfill
shall notify the Administrator by email or telephone no later than 48 hours before any
delay or cancellation in the original test date, and arrange an updated date with the
Administrator by mutual agreement.
[40 CFR 60.757(l)]
(m) There are no additional reporting requirements for this provision except those specified in
Section I of this permit.
Status: In Compliance. The permittee is using the Tier II testing requirements to calculate annual NMOC.
NMOC emission calculations were last submitted on August 8, 2023, for calendar year 2022. The
total calculated NMOC was 22.86 megagrams from January 1, 2022, to December 31, 2022. These
calculations were determined using LandGEM. Tier II testing was performed October 4, 2023,
with results submitted to DAQ.
Although not required, the permittee has installed a gas collection system throughout the entire
landfill and uses a flare for control, as well as sending landfill gas to the new LFG generator. Flare
1 was operating during this inspection, with no visible emissions observed.
II.B.3 Conditions on LFG Generator Engine
II.B.3.a Condition:
At all times, including periods of startup, shutdown, and malfunction, the permittee shall, to the extent
practicable, maintain and operate the affected emission unit, including associated air pollution control
equipment, in a manner consistent with good air pollution control practice for minimizing emissions.
Determination of whether acceptable operating and maintenance procedures are being used will be based
on information available to the Director which may include, but is not limited to, monitoring results,
opacity observations, review of operating and maintenance procedures, and inspection of the source.
[Origin: DAQE-AN101290026-22]. [R307-401-4]
II.B.3.a.1 Monitoring:
Records required for this permit condition will serve as monitoring.
32
II.B.3.a.2 Recordkeeping:
Permittee shall document activities performed to assure proper operation and maintenance.
Records shall be maintained in accordance with Provision I.S.1 of this permit.
II.B.3.a.3 Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status: In Compliance. The LFG engine appeared to operate and was maintained in a manner consistent
with good air pollution control practices. Maintenance is performed on an as-needed basis, as well
as preventative maintenance based on manufacturer recommendations, plus additional company
specific requirements. Daily inspections are logged electronically, and include checking for leaks,
oil, gas qualities, liquid in gas, and temperature. Oil is sampled and analyzed weekly. Valve
adjustments occur every 1,000 hours. A SCADA system monitors engine performance, and
computerized adjustments are made while the engine is operating.
II.B.3.b Condition:
Visible emissions shall be no greater than 10 percent opacity. [Origin: DAQE-AN101290026-22].
[R307- 401-8]
II.B.3.b.1 Monitoring:
If an affected emission unit is operated during a calendar quarter, an opacity observation of the
emission unit shall be performed in the quarter that the emission unit was operated. The opacity
observation can be conducted at any time during the quarter. The opacity observation shall be
conducted by an individual trained on the observation procedures of 40 CFR 60, Appendix A,
Method 9, while the emission unit is operating. If visible emissions other than condensed water
vapor are observed from the emission unit, an opacity determination of that emission unit shall be
performed by a certified observer within 24 hours of the initial visual emission observation. The
opacity determination shall be performed in accordance with 40 CFR 60, Appendix A, Method 9.
II.B.3.b.2 Recordkeeping:
The permittee shall keep a log which includes the location and description of the emission unit.
For each quarter, the log shall include either the date of the opacity observation and if visual
emission other than condensed water vapor were observed or a note that the emission unit was
not operated. For each observed visual emission other than condensed water vapor the permittee
shall record: date and time of visual emission observation, emission unit location and description,
time and date of opacity determination, and percent opacity. The records required by this
provision and all data required by 40 CFR 60, Appendix A, Method 9 shall be maintained in
accordance with Provision I.S.1 of this permit.
II.B.3.b.3 Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status: In Compliance. Quarterly opacity observations have been performed and recorded. This engine
was not operating during this inspection.
33
II.B.3.c Condition:
Emissions of NOx shall not exceed the following rates:
Pollutant g/hp-hr lb/hr
NOx 0.5 2.46
[Origin: DAQE-AN101290026-22]. [R307-401-8, 40 CFR 60 Subpart JJJJ]
II.B.3.c.1 Monitoring:
Stack testing shall be performed as specified below:
(a) Frequency - The permittee shall conduct an initial test within180 days after the start-up of the
emission unit. Thereafter, compliance tests shall be conducted every 8,760 hours of
operation, or once every three (3) years, whichever comes first. The Director may require
testing at any time.
(b) Notification - The permittee shall notify the Director At least 30 days prior to conducting any
required emission testing. A source test protocol shall be submitted to DAQ when the testing
notification is submitted to the Director. The source test protocol shall be approved by the
Director prior to performing the test(s). The source test protocol shall outline the proposed
test methodologies, stack to be tested, and procedures to be used. A pretest conference shall
be held if directed by the Director.
(c) Sample Location
The emission point shall be designed to conform to the requirements of 40 CFR 60, Appendix
A, Method 1, or other EPA approved testing methods acceptable to the Director. An
Occupational Safety and Health Administration (OSHA) or Mine Safety and Health
Administration (MSHA) approved access shall be provided to the test location.
(d) Methods
(1) Volumetric Flow Rate
40 CFR 60, Appendix A, Method 2, Method 19 or other EPA approved testing methods
acceptable to the Director.
(2) Nitrogen Oxides (NOx)
40 CFR 60, Appendix A, Method 7, 7A, 7B, 7C, 7D or 7E, or other EPA approved
testing methods acceptable to the Director.
(e) Calculations
To determine mass emission rates (lb/hr, etc.) the pollutant concentration as determined by
the appropriate methods above shall be multiplied by the volumetric flow rate and any
necessary conversion factors determined by the Director, to give the results in the specified
units of the emission limitation.
(f) New Source Operation
For a new source/emission point, the combustion rate during all compliance testing shall be
no less than 90% of the capacity listed in Section II.A.4 of DAQE-AN101290026-22. If the
34
maximum allowable combustion rate in Section II.A.4 of DAQE-AN101290026-22. has not
been achieved at the time of the test, the following procedure shall be followed:
(1) Testing shall be at no less than 90% of the combustion rate achieved to date.
(2) If the test is passed, the new maximum allowable combustion rate shall be 110% of the
tested achieved rate, but not more than the maximum allowable combustion rate. This
new allowable maximum combustion rate shall remain in effect until successfully tested
at a higher rate.
(3) The permittee shall request a higher combustion rate when necessary. Testing at no less
than 90% of the higher rate shall be conducted. A new maximum combustion rate (110%
of the new rate) will then be allowed if the test is successful. This process may be
repeated until the maximum combustion rate in Section II.A.4 of
DAQE-AN101290026-22 is achieved.
(g) Existing Source
For an existing source/emission point, the production rate during all compliance testing shall
be no less than 90% of the maximum production rate achieved in the previous three (3) years.
II.B.3.c.2 Recordkeeping:
Results of monitoring shall be maintained in accordance with Provision I.S.1 of this permit.
II.B.3.c.3
Reporting:
Results of required stack testing shall be submitted to the Director within 60 days after the test
has been completed. [R307-165]
There are no additional reporting requirements for this provision except those specified in Section
I of this permit.
Status: In Compliance. Stack testing was performed December 5, 2023. Test results were submitted to
DAQ and audited in DAQC-075-24. DAQ calculated results for NOX were 0.4g/hp-hr and 1.87
lb/hr.
II.B.3.d Condition:
Emissions of CO shall not exceed the following rates:
Pollutant g/hp-hr lb/hr
CO 2.5 12.31
[Origin: DAQE-AN101290026-22]. [R307-401-8, 40 CFR 60 Subpart JJJJ]
II.B.3.d.1 Monitoring:
Stack testing shall be performed as specified below:
(a) Frequency - The permittee shall conduct an initial test within180 days after the start-up of the
emission unit. Thereafter, compliance tests shall be conducted every 8,760 hours of
35
operation, or once every three (3) years, whichever comes first. The Director may require
testing at any time.
(b) Notification - The permittee shall notify the Director At least 30 days prior to conducting any
required emission testing. A source test protocol shall be submitted to DAQ when the testing
notification is submitted to the Director. The source test protocol shall be approved by the
Director prior to performing the test(s). The source test protocol shall outline the proposed
test methodologies, stack to be tested, and procedures to be used. A pretest conference shall
be held if directed by the Director.
(c) Sample Location
The emission point shall be designed to conform to the requirements of 40 CFR 60, Appendix
A, Method 1, or other EPA approved testing methods acceptable to the Director. An
Occupational Safety and Health Administration (OSHA) or Mine Safety and Health
Administration (MSHA) approved access shall be provided to the test location.
(d) Methods
(1) Volumetric Flow Rate
40 CFR 60, Appendix A, Method 2, Method 19 or other EPA approved testing methods
acceptable to the Director.
(2) Carbon Monoxide (CO)
40 CFR 60, Appendix A, Method 10, or other EPA approved testing methods acceptable
to the Director.
(e) Calculations
To determine mass emission rates (lb/hr, etc.) the pollutant concentration as determined by
the appropriate methods above shall be multiplied by the volumetric flow rate and any
necessary conversion factors determined by the Director, to give the results in the specified
units of the emission limitation.
(f) New Source Operation
For a new source/emission point, the combustion rate during all compliance testing shall be
no less than 90% of the capacity listed in Section II.A.4 of DAQE-AN101290026-22. If the
maximum allowable combustion rate in Section II.A.4 of DAQE-AN101290026-22. has not
been achieved at the time of the test, the following procedure shall be followed:
(1) Testing shall be at no less than 90% of the combustion rate achieved to date.
(2) If the test is passed, the new maximum allowable combustion rate shall be 110% of the
tested achieved rate, but not more than the maximum allowable combustion rate. This
new allowable maximum combustion rate shall remain in effect until successfully tested
at a higher rate.
(3) The permittee shall request a higher combustion rate when necessary. Testing at no less
than 90% of the higher rate shall be conducted. A new maximum combustion rate (110%
of the new rate) will then be allowed if the test is successful. This process may be
repeated until the maximum combustion rate in Section II.A.4 of DAQE-AN101290026-
22 is achieved.
36
(g) Existing Source
For an existing source/emission point, the production rate during all compliance testing shall
be no less than 90% of the maximum production rate achieved in the previous three (3) years.
II.B.3.d.2 Recordkeeping:
Results of monitoring shall be maintained in accordance with Provision I.S.1 of this permit.
II.B.3.d.3
Reporting:
Results of required stack testing shall be submitted to the Director within 60 days after the test
has been completed. [R307-165]
There are no additional reporting requirements for this provision except those specified in Section
I of this permit.
Status: In Compliance. Initial stack testing was performed August 10, 2023, but failed the CO limit of 2.5
g/hp-hr. A retest was performed December 5, 2023. Test results were submitted to DAQ and
audited in DAQC-075-24. DAQ calculated results for CO were 2.4g/hp-hr and 10.44 lb/hr. The
violation for failing the initial stack test was resolved with an Early Settlement Agreement signed
on February 14, 2024.
II.B.3.e Condition:
Emissions of VOC shall not exceed the following rates:
Pollutant g/hp-hr lb/hr
VOC 0.88 4.33
[Origin: DAQE-AN101290026-22]. [R307-401-8, 40 CFR 60 Subpart JJJJ]
II.B.3.e.1 Monitoring:
Stack testing shall be performed as specified below:
(a) Frequency - The permittee shall conduct an initial test within180 days after the start-up of the
emission unit. Thereafter, compliance tests shall be conducted every 8,760 hours of
operation, or once every three (3) years, whichever comes first. The Director may require
testing at any time.
(b) Notification - The permittee shall notify the Director At least 30 days prior to conducting any
required emission testing. A source test protocol shall be submitted to DAQ when the testing
notification is submitted to the Director. The source test protocol shall be approved by the
Director prior to performing the test(s). The source test protocol shall outline the proposed
test methodologies, stack to be tested, and procedures to be used. A pretest conference shall
be held if directed by the Director.
(c) Sample Location
The emission point shall be designed to conform to the requirements of 40 CFR 60, Appendix
A, Method 1, or other EPA approved testing methods acceptable to the Director. An
37
Occupational Safety and Health Administration (OSHA) or Mine Safety and Health
Administration (MSHA) approved access shall be provided to the test location.
(d) Methods
(1) Volumetric Flow Rate
40 CFR 60, Appendix A, Method 2, Method 19 or other EPA approved testing methods
acceptable to the Director.
(2) Volatile Organic Carbon (VOC)
40 CFR 60, Appendix A, Method 18, 25, 25A, 40 CFR 63 Appendix A Method 320 or
other EPA approved testing method, as acceptable to the Director.
(e) Calculations
To determine mass emission rates (lb/hr, etc.) the pollutant concentration as determined by
the appropriate methods above shall be multiplied by the volumetric flow rate and any
necessary conversion factors determined by the Director, to give the results in the specified
units of the emission limitation.
(f) New Source Operation
For a new source/emission point, the combustion rate during all compliance testing shall be
no less than 90% of the capacity listed in Section II.A.4 of DAQE-AN101290026-22. If the
maximum allowable combustion rate in Section II.A.4 of DAQE-AN101290026-22. has not
been achieved at the time of the test, the following procedure shall be followed:
(1) Testing shall be at no less than 90% of the combustion rate achieved to date.
(2) If the test is passed, the new maximum allowable combustion rate shall be 110% of the
tested achieved rate, but not more than the maximum allowable combustion rate. This
new allowable maximum combustion rate shall remain in effect until successfully tested
at a higher rate.
(3) The permittee shall request a higher combustion rate when necessary. Testing at no less
than 90% of the higher rate shall be conducted. A new maximum combustion rate (110%
of the new rate) will then be allowed if the test is successful. This process may be
repeated until the maximum combustion rate in Section II.A.4 of
DAQE-AN101290026-22 is achieved.
(g) Existing Source
For an existing source/emission point, the production rate during all compliance testing shall
be no less than 90% of the maximum production rate achieved in the previous three (3) years.
II.B.3.e.2 Recordkeeping:
Results of monitoring shall be maintained in accordance with Provision I.S.1 of this permit.
II.B.3.e.3
Reporting:
Results of required stack testing shall be submitted to the Director within 60 days after the test
has been completed. [R307-165]
38
There are no additional reporting requirements for this provision except those specified in Section
I of this permit.
Status: In Compliance. Stack testing was performed December 5, 2023. Test results were submitted to
DAQ and audited in DAQC-075-24. DAQ calculated results for VOC were 0.16g/hp-hr and 0.67
lb/hr.
II.B.3.f Condition:
(1) Except as specified in paragraph (2) of this condition, the permittee of stationary SI ICE with a
maximum engine power greater than or equal to 75 KW (100 HP) (except gasoline and rich burn
engines that use LPG) shall comply with the emission standards in Table 1 to this subpart for their
stationary SI ICE. [40 CFR 60.4233(e)]
(2) After July 1, 2009, the permittee may not install stationary SI ICE with a maximum engine power of
greater than or equal to 500 HP that do not meet the applicable requirements in 40 CFR 60.4233,
except as specified in 40 CFR 60.4236(e). [40 CFR 60.4236(b)]
(3) The air-to-fuel ratio controller shall be maintained and operated appropriately in order to ensure
proper operation of the engine and control device to minimize emissions at all times.
[40 CFR 60.4243(g)]
(4) The permittee shall operate and maintain stationary SI ICE that achieve the emission standards as
required in 40 CFR 60.4233 over the entire life of the engine. [40 CFR 60.4234]
(5) The permittee shall comply with the applicable general provisions in 40 CFR 60.1-19 (40 CFR 60
Subpart A) as identified in Table 3 of 40 CFR 60 Subpart JJJJ.
[40 CFR 60.4246 and 40 CFR 60 Subpart JJJJ Table 3]
[Origin: 40 CFR 60 Subpart JJJJ]. [40 CFR 60.4230, 40 CFR 60.4233(e), 40 CFR 60.4234,
40 CFR 60.4236(b), 40 CFR 60.4243(g), 40 CFR 60.4246]
II.B.3.f.1 Monitoring:
(a) The permittee shall demonstrate compliance according to one of the methods specified in
(a)(1) and (2) of this section.
(1) Purchasing an engine certified according to procedures specified in 40 CFR 60 Subpart
JJJJ, for the same model year and demonstrating compliance according to one of the
methods specified in paragraph 40 CFR 60.4243(a). [40 CFR 60.4243(b)(1)]
(2) Purchasing a non-certified engine and demonstrating compliance with the emission
standards specified in 40 CFR 60.4233(d) or (e), and according to the requirements
specified in 40 CFR 60.4244, as applicable, and according to paragraph (a)(2)(i) of this
section. [40 CFR 60.4243(b)(2)]
(i) The permittee of a stationary SI internal combustion engine greater than 500 HP,
shall keep a maintenance plan and records of conducted maintenance and shall, to the
extent practicable, maintain and operate the engine in a manner consistent with good
air pollution control practice for minimizing emissions. In addition, the permittee
shall conduct an initial performance test and conduct subsequent performance testing
39
every 8,760 hours or 3 years, whichever comes first, thereafter to demonstrate
compliance. [40 CFR 60.4243(b)(2)(ii)]
The permittee shall comply with the applicable general provisions in 40 CFR 60.1-19 as
identified in Table 3 of 40 CFR 60 Subpart JJJJ. [40 CFR 60.4246]
II.B.3.f.2 Recordkeeping:
The permittee shall keep records of the following:
(a) All notifications submitted to comply with this subpart and all documentation supporting any
notification. [40 CFR 60.4245(a)(1)]
(b) Maintenance conducted on the engine. [40 CFR 60.4245(a)(2)]
(c) If the permittee operates and maintains a certified stationary SI internal combustion engine
and control device according to the manufacturer's emission-related written instructions, the
permittee shall keep records of conducted maintenance to demonstrate compliance.
[40 CFR 60.4243(a)(1)]
(d) If the stationary SI internal combustion engine is a certified engine, documentation from the
manufacturer that the engine is certified to meet the emission standards and information as
required in 40 CFR parts 1048, 1054, and 1060, as applicable. [40 CFR 60.4245(a)(3)]
(e) If the stationary SI internal combustion engine is not a certified engine or is a certified engine
operating in a non-certified manner and subject to 40 CFR 60.4243(a)(2), documentation that
the engine meets the emission standards. [40 CFR 60.4245(a)(4)]
The permittee shall comply with the applicable general provisions in 40 CFR 60.1-19 as
identified in Table 3 of 40 CFR 60 Subpart JJJJ. [40 CFR 60.4246]
Records shall be maintained as described in Provision I.S.1 of this permit.
II.B.3.f.3
Reporting:
If the permittee installs an engine that has not been certified by the engine manufacturer to meet
the emission standards in 40 CFR 60.4231 the permittee shall submit an initial notification as
required in 40 CFR 60.7(a)(1) and shall include the information in 40 CFR 60.4245(c)(1) through
(5). [40 CFR 60.4245(c)]
The permittee shall submit reports according 40 CFR 60.4245(d) as applicable.
The permittee shall comply with the applicable general reporting provisions in 40 CFR 60.1-19 as
identified in Table 3 of 40 CFR 60 Subpart JJJJ. [40 CFR 60.4246]
There are no additional reporting requirements for this provision except those that are specified in
Section I of this permit.
Status: In Compliance. The installed engine has been reviewed and approved by DAQ. The air-to-fuel
ratio is adjusted by a computer program during operation to optimize engine performance. The
engine is operated and maintained according to manufacturer recommendations, or more stringent
company standards.
40
II.B.3.g Condition:
By February 12, 2024, the permittee shall submit documentation to the Director on the status of
construction of LFG Generator Engine. The referenced approval order (AO) may become invalid if
construction is not commenced by February 12, 2024 or if construction is discontinued for 18 months or
more. To ensure proper credit when notifying the Director, send the documentation to the Director, attn.:
NSR Section. [Origin: DAQE-AN101290026-22]. [R307-401-18]
II.B.3.g.1 Monitoring:
Records required for this permit condition will serve as monitoring.
II.B.3.g.2 Recordkeeping:
The permittee shall maintain a copy of each notification required by this permit condition in
accordance with Provision I.S.1 of this permit.
II.B.3.g.3 Reporting:
Records required for this permit condition will serve as monitoring.
Status: In Compliance. The engine has been installed and is being operated. Notification of the installation
of the LFG Generator Engine was received by DAQ on October 10, 2023.
II.B.4 Conditions on Enclosed Flares
II.B.4.a Condition:
At all times, including periods of startup, shutdown, and malfunction, the permittee shall, to the extent
practicable, maintain and operate the affected emission unit, including associated air pollution control
equipment, in a manner consistent with good air pollution control practice for minimizing emissions.
Determination of whether acceptable operating and maintenance procedures are being used will be based
on information available to the Director which may include, but is not limited to, monitoring results,
opacity observations, review of operating and maintenance procedures, and inspection of the source.
[Origin: DAQE-AN101290026-22]. [R307-401-4]
II.B.4.a.1 Monitoring:
Records required for this permit condition will serve as monitoring.
II.B.4.a.2 Recordkeeping:
Permittee shall document activities performed to assure proper operation and maintenance.
Records shall be maintained in accordance with Provision I.S.1 of this permit.
II.B.4.a.3 Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status: In Compliance. The facility appeared to be maintained in a manner consistent with good air
pollution control practices. Maintenance is recorded and records were provided during this
inspection.
41
II.B.4.b Condition:
Visible emissions shall be no greater than 20 percent opacity from the enclosed flares. [Origin: DAQE-
AN101290026-22]. [R307-201-1(2)]
II.B.4.b.1 Monitoring:
If an affected emission unit is operated during a calendar quarter, an opacity observation of the
emission unit shall be performed in the quarter that the emission unit was operated. The opacity
observation can be conducted at any time during the quarter. The opacity observation shall be
conducted by an individual trained on the observation procedures of 40 CFR 60, Appendix A,
Method 9, while the emission unit is operating. If visible emissions other than condensed water
vapor are observed from the emission unit, an opacity determination of that emission unit shall be
performed by a certified observer within 24 hours of the initial visual emission observation. The
opacity determination shall be performed in accordance with 40 CFR 60, Appendix A, Method 9.
II.B.4.b.2 Recordkeeping:
The permittee shall keep a log which includes the location and description of the emission unit.
For each quarter, the log shall include either the date of the opacity observation and if visual
emission other than condensed water vapor were observed or a note that the emission unit was
not operated. For each observed visual emission other than condensed water vapor the permittee
shall record: date and time of visual emission observation, emission unit location and description,
time and date of opacity determination, and percent opacity. The records required by this
provision and all data required by 40 CFR 60, Appendix A, Method 9 shall be maintained in
accordance with Provision I.S.1 of this permit.
II.B.4.b.3 Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status: In Compliance. Quarterly opacity observations have been performed and recorded.
II.B.5 Conditions on Emergency NG Fired Backup Generator
II.B.5.a Condition:
Visible emissions shall be no greater than 10 percent opacity. [Origin: DAQE-AN101290026-22].
[R307-401-8]
II.B.5.a.1 Monitoring:
If an affected emission unit is operated during a calendar quarter, an opacity observation of the
emission unit shall be performed in the quarter that the emission unit was operated. The opacity
observation can be conducted at any time during the quarter. The opacity observation shall be
conducted by an individual trained on the observation procedures of 40 CFR 60, Appendix A,
Method 9, while the emission unit is operating. If visible emissions other than condensed water
vapor are observed from the emission unit, an opacity determination of that emission unit shall be
performed by a certified observer within 24 hours of the initial visual emission observation. The
opacity determination shall be performed in accordance with 40 CFR 60, Appendix A, Method 9.
42
II.B.5.a.2 Recordkeeping:
The permittee shall keep a log which includes the location and description of the emission unit.
For each quarter, the log shall include either the date of the opacity observation and if visual
emission other than condensed water vapor were observed or a note that the emission unit was
not operated. For each observed visual emission other than condensed water vapor the permittee
shall record: date and time of visual emission observation, emission unit location and description,
time and date of opacity determination, and percent opacity. The records required by this
provision and all data required by 40 CFR 60, Appendix A, Method 9 shall be maintained in
accordance with Provision I.S.1 of this permit.
II.B.5.a.3 Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status: In Compliance. Quarterly opacity observations have been performed and recorded.
II.B.5.b Condition:
The permittee shall comply with the following operating limitations at all times for
the affected emission unit:
(1) The permittee shall operate the affected emission unit according to the requirements in paragraphs 1.a
through 1.c. Any operation other than emergency operation, maintenance and testing, and operation
in non-emergency situations for 50 hours per year, as described in 1.a through 1.c, is prohibited. If the
engine is not operated in accordance with paragraphs 1.a through 1.c, it will not be considered an
emergency engine and shall meet all requirements for non-emergency engines.
(a) There is no time limit on engine use for emergency situations.
(b) The permittee may operate the emergency engine for the purposes specified in paragraphs (b)(i)
for a maximum of 100 hours per calendar year. Any operation for non-emergency situations as
allowed by paragraph (c) below counts as part of the 100 hours per calendar year allowed under
this paragraph (b).
(i) Operation for the purpose of maintenance checks and readiness testing is limited to 100 hours
per year, provided that the tests are recommended by Federal, State or local government, the
manufacturer, the vendor, or the insurance company associated with the engine. A petition for
approval of additional hours to be used for maintenance checks and readiness testing is not
required if the permittee maintains records indicating that Federal, State, or local standards
require maintenance and testing of emergency RICE beyond 100 hours per year.
(c) The emergency engine may be operated for up to 50 hours per calendar year in non-emergency
situations. The 50 hours of operation in non-emergency situations are counted as part of the 100
hours per calendar year for maintenance and testing provided in paragraph (b) above. Except as
provided in 40 CFR 63.6640(f)(4)(i) and (ii) the 50 hours per year for non-emergency situations
cannot be used for peak shaving or non-emergency demand response, or to generate income for a
facility to supply power to an electric grid or otherwise supply power as part of a financial
arrangement with another entity.
43
(2) The permittee shall meet the following requirements at all times, except during periods of startup:
(a) Change oil and filter every 500 hours of operation or annually, whichever comes first, or utilizing
an oil analysis program as described under 40 CFR 63.6625(j) in order to extend the oil change
requirement;
(b) Inspect spark plugs every 1,000 hours of operation or annually, whichever comes first, and
replace as necessary;
(c) Inspect all hoses and belts every 500 hours of operation or annually, whichever comes first, and
replace as necessary. During periods of startup, the permittee shall minimize the engine's time
spent at idle and minimize the engine's startup time to a period needed for appropriate and safe
loading of the engine, not to exceed 30 minutes, after which time the non-startup emission
limitations apply. If an emergency engine is operating during an emergency and it is not possible
to shut down the engine in order to perform the management practice requirements on the
required schedule, or if performing the management practice on the required schedule would
otherwise pose an unacceptable risk under Federal, State, or local law, the management practice
can be delayed until the emergency is over or the unacceptable risk under Federal, State, or local
law has abated. The management practice shall be performed as soon as practicable after the
emergency has ended or the unacceptable risk under Federal, State, or local law has abated.
[40 CFR 63 Subpart ZZZZ Table 2d Footnote 2]
(3) The permittee shall comply with the applicable general provisions in 40 CFR 63.1-15 as identified in
Table 8 of 40 CFR 63 Subpart ZZZZ.
[Origin: 40 CFR 63 Subpart ZZZZ]. [40 CFR 63.6595(a)(1), 40 CFR 63.6605(a), 40 CFR 63.6625(h), 40
CFR 63.6640(f), 40 CFR 63.6665, 40 CFR 63 Subpart ZZZZ Table 2d,
40 CFR 63 Subpart ZZZZ Table 8]
II.B.5.b.1 Monitoring:
The permittee shall install a non-resettable hour meter if one is not already installed.
[40 CFR 63.6625(f)]
If an emergency engine is operating during an emergency and it is not possible to shut down the engine in
order to perform the management practice requirements on the required schedule, or if performing the
management practice on the required schedule would otherwise pose an unacceptable risk under Federal,
State, or local law, the management practice can be delayed until the emergency is over or the
unacceptable risk under Federal, State, or local law has abated. The management practice shall be
performed as soon as practicable after the emergency has ended or the unacceptable risk under Federal,
State, or local law has abated. [40 CFR 63 Subpart ZZZZ Table 2d Footnote 2]
The permittee shall demonstrate continuous compliance by operating and maintaining the
stationary RICE and after-treatment control device (if any) according to the manufacturer's
emission-related written operation and maintenance instructions or develop and follow their own
maintenance plan which shall provide to the extent practicable for the maintenance and operation of the
engine in a manner consistent with good air pollution control practice for minimizing emissions.
[40 CFR 63.6625(e), 40 CFR 63.6640(a), 40 CFR 63 Subpart ZZZZ Table 6]
44
The permittee shall comply with the applicable general provisions in 40 CFR 63.1-15 as identified in
Table 8 of 40 CFR 63 Subpart ZZZZ. [40 CFR 63.6665].
II.B.5.b.2 Recordkeeping:
The permittee shall keep the records described in 40 CFR 63.6655(a)(1)-(5) as applicable.
[40 CFR 63.6655(a)].
For each affected emission unit that does not meet the standards applicable to non-emergency
engines, the permittee shall:
(i) Keep records of the hours of operation of the engine that are recorded through the non-
resettable hour meter.
(ii) The permittee shall document how many hours are spent for emergency operation, including
what classified the operation as emergency and how many hours are spent for non-emergency
operation.
(iii) If the engine is used for the purpose specified in 40 CFR 63.6640(f)(4)(ii), the permittee shall
keep records of the notification of the emergency situation, and the date, start time, and end
time of engine operation for this purpose. [40 CFR 63.6655(f)]
If additional hours are to be used for maintenance checks and readiness testing, the permittee
shall maintain records indicating that Federal, State, or local standards require maintenance and
testing of emergency RICE beyond 100 hours per year. [40 CFR 63.6640(f)(2)(i)]
The permittee shall keep records that demonstrate continuous compliance with each applicable
operating limitation [including, but not limited to, the manufacturer's emission-related operation
and maintenance instructions or the permittee-developed maintenance plan].
[40 CFR 63.6655(d), 40 CFR 63 Subpart ZZZZ Table 6]
Records of the maintenance conducted shall be kept in order to demonstrate that the permittee
operated and maintained the affected emission unit and after-treatment control device (if any)
according to their own maintenance plan. [40 CFR 63.6655(e)]
The permittee shall comply with the applicable general provisions in 40 CFR 63.1-15 as
identified in Table 8 of 40 CFR 63 Subpart ZZZZ. [40 CFR 63.6665].
Records shall be maintained in accordance with 40 CFR 63.6660 and Provision I.S.1 of this
permit.
II.B.5.b.3 Reporting:
The permittee shall report any failure to perform the management practice on the schedule
required and the Federal, State or local law under which the risk was deemed unacceptable.
[40 CFR 63 Subpart ZZZZ Table 2d Footnote 2]
The permittee shall report each instance in which it did not meet an applicable operating
limitation in 40 CFR 63 Subpart ZZZZ Table 2d. These instances are deviations from the
operating limitations. These deviations shall be reported according to the requirements in 40 CFR
63.6650. [40 CFR 63.6640(b)]
45
The permittee shall submit each report in 40 CFR 63 Subpart ZZZZ Table 7 as applicable.
[40 CFR 63.6650(a)]
For emergency stationary RICE that operate for the purpose specified in 40 CFR 63.6640(f)(4)(ii)
the permittee shall submit an annual report according to the requirements in 40 CFR
63.6650(h)(2)-(3) that contains the information required in 40 CFR 63.6650(h)(1).
[40 CFR 63 Subpart ZZZZ Table 7.4.a]
The permittee shall comply with the applicable general provisions in 40 CFR 63.1-15 as
identified in 40 CFR 63 Subpart ZZZZ Table 8. [63.6665]. The permittee shall also report each
instance in which it did not meet the applicable requirements in Table 8. [40 CFR 63.6640(e)]
There are no additional reporting requirements for this provision except those specified in Section
I of this permit.
Status: In Compliance. Generator use is logged. The generator operated for less than 50 hours during
calendar year 2023. Maintenance is performed as required and records are kept. Annual
maintenance includes checking spark plugs, hoses, and belts. Oil is sampled and sent out for
analysis.
II.B.5.c Condition:
At all times the permittee shall operate and maintain the affected source, including associated air
pollution control equipment and monitoring equipment, in a manner consistent with safety and good air
pollution control practices for minimizing emissions. The general duty to minimize emissions does not
require the permittee to make any further efforts to reduce emissions if levels required by this standard
have been achieved. Determination of whether such operation and maintenance procedures are being used
will be based on information available to the Director which may include, but is not limited to,
monitoring results, review of operation and maintenance procedures, review of operation and
maintenance records, and inspection of the source. [Origin: 40 CFR 63.6595(a)(1), 40 CFR 63.6605(b)].
[40 CFR 63 Subpart ZZZZ]
II.B.5.c.1 Monitoring:
Records required for this permit condition will serve as monitoring.
II.B.5.c.2 Recordkeeping:
The permittee shall keep the records described in 40 CFR 63.6655(a)(1)-(5) as applicable. [40
CFR 63.6655(a)] The permittee shall document activities performed to assure proper operation
and maintenance. Records shall be maintained in accordance with 40 CFR 63.6660 and
Provision I.S.1 of this permit.
II.B.5.c.3 Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status: In Compliance. Maintenance is performed as required and records are kept.
46
II.B.5.d
Condition:
The permittee shall perform maintenance and testing of the emergency generator engine in accordance
with the following:
(1) The permittee shall not operate the engines for maintenance and testing operations before 6:00 AM or
after 6:00 PM each day;
(2) The permittee shall not test the generator more than once per week.
[Origin: DAQE-AN101290026-22]. [R307-401-8]
II.B.5.d.1
Monitoring:
Records required for this permit condition will serve as monitoring.
II.B.5.d.2
Recordkeeping:
To determine compliance with the maintenance and testing requirements, the permittee shall
record the following:
(a) Date;
(b) Time of day; and
(c) Day of the week that the maintenance and testing was performed.
The permittee shall maintain records of the maintenance and testing on a daily basis and in
accordance with Provision I.S.1 of this permit.
II.B.5.d.3
Reporting:
There are no reporting requirements for this provision except those specified in Section I of this
permit.
Status:
In Compliance. The generator is set to fire once per month for maintenance testing at 8:00 a.m.
II.C Emissions Trading
(R307-415-6a(10))
Not applicable to this source.
II.D Alternative Operating Scenarios.
(R307-415-6a(9))
Not applicable to this source.
II.E Source-specific Definitions.
There are no source-specific definitions for this permit.
47
EMISSION INVENTORY: Taken from DAQ’s emissions inventory database for 2022:
Pollutant Tons/yr
PM10 35.36
PM2.5 5.73
SO2 0.13
NOx 16.08
CO 48.89
VOC 6.64
PREVIOUS ENFORCEMENT
ACTIONS: Early Settlement Agreement – February 14, 2024, for failing CO
limit on LFG engine during initial stack testing.
COMPLIANCE STATUS &
RECOMMENDATIONS: The permittee should be found in compliance with the Title V
Operating Permit conditions evaluated during this inspection.
HPV STATUS: Not applicable
COMPLIANCE
ASSISTANCE: No
RECOMMENDATION FOR
NEXT INSPECTION: Inspect as usual
ATTACHMENT: VEO form