LEA Central: Landfill Gas

Regulations

The regulations that govern landfill gas requirements are found in Title 27, California Code of Regulations (27, CCR) commencing with Subchapter 4, Article 6. Refer to the list below to obtain regulatory language of specific sections and topics. Authority and references are provided after each citation.

• Sections 20919-20939. Gas Monitoring and Control at Active and Closed Disposal Sites
• Section 21685(d). Long-Term Landfill Gas Violations

Proposed Regulations

On January 2, 2009, staff submitted the final rulemaking file to the Office of Administrative Law for a 30 working-day review. The CIWMB expects a decision from OAL on the regulations and a request for an immediate effective date no later than February 18, 2009.

On August 19, 2008, the Board directed staff to formally notice proposed regulations for a 45-day public comment period to adjust compliance deadlines and specify submittal and implementation timeframes related to landfill gas monitoring and control programs at disposal sites. The 45-day public comment period on proposed text (Word, 35 KB) ended on October 27, 2008. On November 10, 2008, the Board's Permitting and Compliance Committee directed staff to notice an additional 15-day comment period for changes to the regulations. The comment period for the revised proposed text (MS Word, 37 KB) ran from November 13 through December 3, 2008. The Board adopted the regulations on December 16, 2008. Staff is currently preparing the final rulemaking file for submittal to the Office of Administrative Law for a 30 working-day review.

The proposed regulations will keep the requirement to submit gas monitoring and control program plans for landfills over 20 tons per day to the EA by September 21, 2008. However, operators will not have to fully implement the plans, as approved by the EA and concurred with by the CIWMB, until eight months after the effective date of the proposed regulations or September 21, 2009, whichever is later.

Regulations Implementation

Landfill Gas Monitoring and Control Systems for Active Disposal Sites Regulatory Gap Enforcement Guidance: On August 19, 2008, the CIWMB directed staff to revise the Gas Monitoring and Control at Active and Closed Disposal Sites Regulations (Title 27, California Code of Regulations (27 CCR), Chapter 3, Subchapter 4, Article 6) to extend the deadline for compliance with 27 CCR 20921. We anticipate that the revised regulations will become effective in approximately 5 months. This creates a gap period in which existing regulations remain in place until the effective date of revised regulations. This webpage provides guidance to LEAs on enforcement of the existing regulations during this gap period. However, please note that this guidance is not mandatory. LEAs retain their ability to enforce Board regulations within their jurisdiction.

The proposed regulations will keep the requirement to submit gas monitoring and control program plans for landfills over 20 tons per day to the EA by September 21, 2008. However, operators will not have to fully implement the plans, as approved by the EA and concurred with by the CIWMB, until eight months after the effective date of the proposed regulations or September 21, 2009, whichever is later.

Landfill Gas Monitoring and Control Systems for Active Disposal Sites FAQs (Adobe PDF, 83 KB): This FAQ, previously published in June 2008, was revised on July 28, 2008 to include additional information about enforcement as well as new information on closed site requirements and a related Board agenda item for August 2008. Provides answers to frequently asked questions (FAQs) by stakeholders regarding the new landfill gas monitoring regulations which now include the more detailed requirements currently applicable to closed disposal sites. Answers discuss the requirements, submittal and approval process, exemptions to the regulations or alternatives to the standards, and required documents.