On October 21, 2020, the Division of Materials and Waste Management of the Ohio Environmental Protection Agency (Ohio EPA) announced that the proposed explosive gas rule, for municipal solid waste landfills was filed with the Joint Committee on Agency Rule Review (JCARR). Landfill gas is a natural by-product of the anaerobic decomposition of organic waste in a landfill. The composition, quantity and rate of landfill gas generation are dependent on the types of waste that are decomposing and the level of microbial activity in the waste. The production of landfill gas creates positive pressure with the landfill that forces the gas to migrate. Rule 3745-27-12 of the Ohio Administrative Code (OAC), first enacted in 1988, sets out the requirements for monitoring explosive gas migration at solid waste landfills. The proposed rule submitted to JCARR is substantially different from the 1988 rule. Because more than 50% of the rule was amended, the current rule is being rescinded and the new rule is being promulgated. As such, determining what changes were made to the rule is somewhat problematic. However, these are some of the changes that we see in the proposed rule:
When this rule becomes effective, in accordance with Rule 3745-27-12(F), applicable landfills that are operating on the effective day of the rule must submit an EGMP concurrent with a request to alter an effective EGMP or at the same time as the ten-year update schedule. Solid waste landfill facilities that ceased operation prior to the effective date of this rule must submit an EGMP that complies with this rule no later than 270 days after the effective date of the revised rule or not later than 270 days after receipt of a notification from Ohio EPA that these rules apply to their facilities.
Published in October 2020 Focus on the Environment Newsletter
Steve Williamson is a Senior Scientist with Cox-Colvin & Associates, Inc. He holds a BS degree in Environmental Health and an MS degree in Hydrogeology from Wright State University. Mr. Williamson has over 30 years' experience working on brownfields, solid and hazardous waste, and groundwater contamination projects in Ohio and the Midwest.