1. A. The owner or operator may request alternatives to the compliance measures, monitoring requirements, test methods and procedures of Regulations .05, .09 and .11 of this chapter. Any alternative compliance options requested by the owner or operator shall be submitted in writing to the Department for approval and may include, but are not limited to, the following:

   1. (1) Semi-continuous (batch) operation of the gas collection and control system due to insufficient landfill gas flow rates;
   2. (2) Alternative wind speed requirements for landfills consistently having winds in excess of the limits specified in this regulation;
   3. (3) Alternative walking patterns to address potential safety and other issues, such as steep or slippery slopes, monitoring instrument obstructions, and physical obstructions;
   4. (4) Exclusion of construction areas and other dangerous areas from landfill surface inspection; and
   5. (5) Exclusion of paved roads that do not have any cracks, potholes, or other penetrations from landfill surface inspection.

2. B. The owner or operator of a MSW landfill seeking an alternative compliance option in accordance with the provisions of this regulation shall provide information satisfactory to the Department and EPA demonstrating that:

   1. (1) The off-site migration of landfill gas is being, and will be, effectively controlled; and
   2. (2) The proposed alternative compliance option provides an equivalent level of methane emission control, as compared with the methane controls that would have been required under Regulations .05, .09 and .11 of this chapter.
3. C. The Department and EPA may approve any alternative compliance option as long as the proposed alternative effectively controls the off-site migration of landfill gas and provides an equivalent level of methane emission control.

Authority: Environment Article, §§1-404, 2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland

Effective date: June 12, 2023 (50:11 Md. R. 446)

Regulation .03B amended effective August 5, 2024 (51: 15 Md. R. 711)

Regulation .04B amended effective August 5, 2024 (51: 15 Md. R. 711)

Regulation .05 amended effective August 5, 2024 (51: 15 Md. R. 711)

Regulation .06B amended effective August 5, 2024 (51: 15 Md. R. 711)

Regulation .09 amended effective August 5, 2024 (51: 15 Md. R. 711)

Regulation .10C amended effective August 5, 2024 (51: 15 Md. R. 711)

Regulation .11D, F amended effective August 5, 2024 (51: 15 Md. R. 711)