(a) Applicability. As provided in 40 C.F.R § 258.22, owners or operators of all permitted landfills shall ensure that:

1. (1) The concentration of methane gas generated by the facility does not exceed twenty-five percent (25%) of the lower explosive limit (LEL) for methane in facility structures, excluding gas control or recovery system components; and
2. (2) The concentration of methane gas does not exceed the lower explosive limit for methane at the facility property boundary.

(b) Monitoring program requirements.

1. (1) Owners or operators must implement a routine methane monitoring program as outlined in this section to ensure that the standards of subsection (a) of this section are met.

2. (2) The type and frequency of monitoring must be determined based on the following factors:

   1. (A) Soil conditions;
   2. (B) The hydrogeologic conditions surrounding the facility;
   3. (C) The hydraulic conditions surrounding the facility; and
   4. (D) The location of facility structures and property boundaries.
3. (3) The minimum frequency of monitoring shall be quarterly.

(c) Gas monitoring plan.

1. (1) The owner or operator of an existing or new facility shall prepare and submit to the Division of Environmental Quality for review and approval a gas monitoring plan demonstrating how the requirements of this section will be met.
2. (2) The plan shall include a preliminary action plan outlining immediate steps that will be taken to protect human health and safety should methane gas levels exceeding the limits specified in subsection (a) of this section be detected.

3. (3) The plan shall include at a minimum the following information:

   1. (A) Site specific factors affecting landfill gas migration;
   2. (B) Site conditions, landfill history, site design, and construction practices;
   3. (C) Proximity and construction of on-site and off-site structures within one-fourth (1/4) mile of the limits of refuse;
   4. (D) Monitoring system design rationale and methodology that includes:

(i) Detailed location and design plans for in-soil gas probes;

1. (ii) Narrative description of rationale for location and depths of the gas probes;

   1. (iii) Narrative, schedules, and specifications for the construction of the probes; and

      1. (iv) Implementation of an approved monitoring routine;
   2. (E) A description of the monitoring points in structures and equipment locations;
   3. (F) Monitoring procedures including permanent probe monitoring, monitor calibration, recordkeeping, etc.; and

   4. (G) Contingency plans in the case of monitoring results the LEL, notification procedures, remedial actions, etc.

      1. (d)

2. (1) Elevated level detection contingency measures. If methane gas levels exceeding the limits specified in subsection (a) of this section are detected, the owner or operator of all permitted landfills must:

   1. (A) Immediately take all necessary steps to ensure protection of human health and notify the Director of the Division of Environmental Quality;
   2. (B) Within seven (7) days of detection, place in the operating record the methane gas levels detected and a description of the steps taken to protect human health; and

   3. (C)

      1. (i) Within sixty (60) days of detection:

(b) (b) Place a copy of the plan in the operating record; and

1. (c) (c) Notify the director that the plan has been implemented.

   1. (ii) The plan shall describe the nature and extent of the problem and the proposed remedy.
2. (2) The director may establish alternative schedules for demonstrating compliance with subdivisions (d)(2) and (3) of this section.