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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 330MUNICIPAL SOLID WASTE
SUBCHAPTER TUSE OF LAND OVER CLOSED MUNICIPAL SOLID WASTE LANDFILLS
RULE §330.957Contents of the Development Permit and Workplan Application

(p) Certified copies of required notices. The owner shall provide certified copies of all notices having been made by the licensed professional engineer, by the owner, and by the lessor/lessee in accordance with §330.953 of this title, §330.962 of this title (relating to Notice to Real Property Records), §330.963 of this title (relating to Notice to Buyers, Lessees, and Occupants), and §330.964 of this title (relating to Lease Restrictions).

(q) Closure plan. The owner shall provide a closure plan for any part of the waste disposal area that will not have a structure built over it, including placement of the final cover.

(r) Operational requirements plan. The owner shall provide a plan discussing the necessary procedures and practices to be implemented and followed to ensure that the owner meets the provisions of §330.961 of this title (relating to Operational Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill Unit or a Municipal Solid Waste Landfill in Post-Closure Care).

(s) Site operating plan. The owner shall provide a site operating plan, which at a minimum shall include specific guidance, procedures, instructions, and schedules for the following:

  (1) a description, including size, type, and function, of the equipment to be utilized at the structure other than methane monitoring equipment;

  (2) a detailed description of the procedures that the operating personnel shall follow to utilize the equipment; and

  (3) a plan to implement and maintain the operational requirements of §330.961 of this title.

(t) Structures gas monitoring plan. The owner shall provide a structures gas monitoring plan in accordance with the following.

  (1) General.

    (A) The owner or lessee of a new enclosed structure built or installed over a closed MSW landfill unit shall ensure that the concentration of methane gas within the facility structure does not exceed 20% of the lower explosive limit for methane (1.0% by volume methane) in facility structures (excluding gas control or recovery system components) overlying the closed MSW landfill unit.

      (i) Any new enclosed structures shall contain automatic methane gas sensors approved by the executive director and designed to trigger an audible alarm if the volumetric concentration of methane in the air is greater than 1.0% (20% of the lower explosive limit).

      (ii) Any new enclosed structures built over a closed MSW landfill shall utilize a ventilation system or an active gas extraction and collection system.

    (B) Landfill gas monitoring requirements for a development applying for a development permit under this subchapter may be suspended by the executive director if the owner can demonstrate that there is no potential for migration of the landfill gases listed in paragraph (2)(G) of this subsection. This demonstration shall be certified by a licensed professional engineer and approved by the executive director, and shall be based upon site-specific field-collected measurements, sampling, and analysis of physical, chemical, and biological processes.

  (2) Requirements for structures gas monitoring plan. The owner or lessee shall submit a structures gas monitoring plan, designed by a licensed professional engineer, to the executive director for review and approval. The plan shall ensure detection of the presence of landfill gas entering on-site structures. All design drawings shall bear the licensed engineer's seal and signature. The plan shall include, but not be limited to, the following:

    (A) a discussion of specific facility characteristics and potential migration pathways or barriers in the development of the plan, including, but not limited to:

      (i) locations of buildings and structures relative to the waste disposal area;

      (ii) the nature and age of waste and its potential to generate landfill gas;

      (iii) routes of entry for the intrusion of landfill gas into structures;

      (iv) ignition sources within structures;

      (v) the location of any utility lines or pipelines that cross, are adjacent to, or are near the closed MSW landfill unit;

      (vi) number of people occupying the structures and duration of occupation; and

      (vii) depth of final cover over deposited waste;

    (B) a narrative describing design characteristics of proposed structures related to landfill gas accumulation prevention, detection, and elimination including, but not limited to:

      (i) structural;

      (ii) electrical; and

      (iii) mechanical;

    (C) a description of the ventilation system or active gas collection and destruction system to be utilized including engineering drawings and manufacturer's specification sheets. Active gas collection and destruction systems shall comply with applicable parts of §§115.152, 115.153, 115.155 - 115.157, and 115.159 of this title (relating to Control Requirements; Alternate Control Requirements; Approved Test Methods; Monitoring and Recordkeeping Requirements; Exemptions; and Counties and Compliance Schedule);

    (D) a description of landfill gas monitoring equipment to be used in existing and proposed structures, complete with manufacturer's specification sheets;

    (E) a detailed implementation schedule for the installation of landfill gas monitoring equipment;

    (F) a sampling and analysis plan for determining landfill gas components, which includes provisions for:

      (i) sample withdrawal equipment and techniques;

      (ii) sampling protocol for field measurements of diluted gas emissions; and

      (iii) a quality assurance/quality control sampling plan to include, but not be limited to:

        (I) field sampling;

        (II) analytical methods;

        (III) quality control samples and methods;

        (IV) laboratory data reduction; and

        (V) documentation required; and

    (G) a complete analysis of the landfill gas to include, but not be limited to:

      (i) a mass balance analysis for major components such as methane, other light hydrocarbons, carbon monoxide, and water vapor measured with fairly high precision (i.e., 5.0% - 10% relative error);

      (ii) trace analyses for hydrogen sulfide, mercaptans, and ammonia; and

      (iii) analysis for volatile organic compounds using an evacuated steel canister collection device (similar to United States Environmental Protection Agency Method T014) and gas chromatography/mass spectrometry detection system.

(u) Safety and evacuation plan. The owner shall provide a plan describing evacuation procedures and safety measures in the event the methane gas sensors sound the audible alarms.


Source Note: The provisions of this §330.957 adopted to be effective May 17, 1995, 20 TexReg 3241; amended to be effective March 27, 2006, 31 TexReg 2502

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