Landfill Methane Regulations

Landfill Methane Regulations Whereas, under subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on June 29, 2024, a copy of the annexed Order, which was proposed to be made under the title Regulations Respecting the Reduction in the Release of Methane (Waste Sector), and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; S.C. 2023, c. 12, s. 55 S.C. 1999, c. 33 Whereas, in accordance with subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6c of that Act; S.C. 2015, c. 3, par. 172(d) And whereas, in accordance with subsection 93(4) of that Act, the Governor in Council is of the opinion that the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, makes the annexed Landfill Methane Regulations under subsection 93(1)d and section 286.1e of the Canadian Environmental Protection Act, 1999b. S.C. 2023, c. 12, ss. 33(1) to (6) 2009, c. 14, s. 80 Definitions The following definitions apply in these Regulations. active landfill gas recovery system means any system that employs landfill gas recovery wells, piping, blowers, fans, pumps or compressors to create a pressure gradient to actively extract landfill gas. (système de récupération active de gaz d’enfouissement) authorized official means in respect of an owner or operator who is an individual, that individual or another individual who is authorized to act on their behalf; in respect of an owner or operator that is a corporation, an officer of the corporation who is authorized to act on its behalf; and in respect of an owner or operator that is an entity other than a corporation, an individual who is authorized to act on its behalf. (agent autorisé) biocover means a landfill cover that is designed to support microbial oxidation of methane via the aerobic pathway. (biocouverture) closed, in relation to a landfill, means that the landfill has permanently ceased to accept solid waste for disposal. (fermé) EPA Method 21 means the method of the Environmental Protection Agency of the United States entitled Method 21 — Determination of Volatile Organic Compound Leaks, set out in Appendix A-7 to Part 60 of Title 40, chapter I of the Code of Federal Regulations of the United States. (méthode 21 de l’EPA) EPA OTM 51 means the method of the Environmental Protection Agency of the United States entitled Other Test Method 51 (OTM-51) - UAS Application of Method 21 for Surface Emission Monitoring of Landfills. (autre méthode 51 de l’EPA) equipment component means any part of a landfill gas management system that contains landfill gas including wells, pipes, flanges, fittings, valves, flame arrestors, knock-out drums, sampling ports, blowers, compressors and connectors. (composant d’équipement) exceedance means, in relation to a surface methane concentration, a concentration of 500 ppmv or more; and a zone-average surface methane concentration, a concentration of 25 ppmv or more. (dépassement) final cover means a landfill cover that is placed on the portions of a landfill where acceptance of solid waste for disposal has permanently ceased. (couverture finale) landfill gas means a mixture of gases, including methane, generated by the decomposition of biodegradable waste in a landfill. (gaz d’enfouissement) landfill gas management system means a system used in a landfill to recover and combust or process landfill gas. (système de gestion de gaz d’enfouissement) location of concern in relation to a surface methane concentration, means a location with a concentration of at least 200 ppmv but less than 500 ppmv. (emplacement préoccupant) methane leak means a methane leak with a methane concentration of 500 ppmv or more. (fuite de méthane) methane modelling tool means the Landfill Methane Modelling Tool published by Environment and Climate Change Canada for the calculation of methane generation at Canadian landfills. (outil de modélisation du méthane) monitoring event means, as the case may be, each of the monitoring events in relation to landfill gas recovery wells required under subsection 10(1); equipment components required under subsection 13(1); or surface methane concentrations and zone-average surface methane concentrations required under subsection 17(1). (activité de surveillance) municipal solid waste means waste that originates from residential, commercial, institutional, construction, renovation, demolition or land clearing sources. (déchet solide municipal) operator means a person that has the charge, management or control of a landfill or a landfill gas management system. (exploitant) ppmv means parts per million by volume. (ppmv) vent means to passively emit landfill gas to the atmosphere via vent pipes. (évacuation) zone-average surface methane concentration means the average of all methane concentrations recorded within a specified zone of 4500 m2. (concentration moyenne de méthane en surface par zone) EPA Method 21 adaptations — paragraph 13(1)(a) For the purposes of paragraph 13(1)(a), with regards to EPA Method 21, section 8.3.1 is to be read without regard to the fifth sentence of that section; and the reference to “an increased meter reading” in that section is to be read as a reference to “a reading of 200 ppmv of methane or more”. EPA Method 21 adaptations — paragraph 19(1)(a) For the purposes of paragraph 19(1)(a), with regards to EPA Method 21, the instrument detector referred to in section 6.1 must respond to methane; the instrument referred to in section 6.2 must be capable of measuring 500 ppmv of methane; the scale of the instrument meter referred to in section 6.3 must be readable to ±2.5 % of 500 ppmv of methane; the reference to “VOC” in section 7.1.1 is to be read as a reference to “methane”; the references to “calibration gas” and “the applicable leak definition specified in the regulation” in section 7.1.2 are to be read as references to “500 ppmv of methane”; in section 7.2, the requirement to have cylinder calibration gas mixtures analyzed and certified is to be read as a requirement to analyze and certify 500 ppmv of methane; the reference to “calibration gases” in section 7.3 is to be read as a reference to “500 ppmv of methane”; in section 8.1.1.1, the reference compound is methane and the references to the “the calibration gas mixture” and “the calibration gas” are to be read as references to “500 ppmv of methane”; section 8.1.1.2 is to be read only with reference to the first sentence of that section and the instrument response factor referred to in that sentence must be in relation to 500 ppmv of methane and be less than 10; the calibration precision test referred to in section 8.1.2 must be performed before the instrument is first used on any day; the reference to “the specified calibration gas” in section 8.1.2.1 is to be read as a reference to “500 ppmv of methane”; the reference to “the calibration gas value” in section 8.1.2.2 is to be read as a reference to “500 ppmv of methane”; the response time test referred to in section 8.1.3 must be performed before the instrument is first used on any day; the reference to “the specified calibration gas” in section 8.1.3.1 is to be read as a reference to “500 ppmv of methane”; and the references to “the calibration gas” and “the calibration gas value” in section 10.1 are to be read as reference to “500 ppmv of methane”. EPA OTM 51 adaptations — paragraph 19(1)(b) For the purposes of paragraph 19(1)(b), with regards to EPA OTM 51, the reference in Section 6.1.2 to “the operational limit of 500 ppm specified in the regulation” is to be read as a reference to “500 ppmv of methane”; and the reference in Section 7.1.2 to “the 500 ppm above background operational limit specified in the regulation” is to be read as a reference to “500 ppmv of methane”. Protection of environment For the purpose of protecting the environment and of reducing the immediate or long-term harmful effects of the emission of methane on the environment or its biological diversity, these Regulations establish requirements to limit methane emissions from certain landfills; and designate the contravention of certain of its provisions as serious offences by adding them to the schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999). Application Subject to subsections (2) and (3), these Regulations apply to any landfill in which any quantity of municipal solid waste was disposed of after January 1, 2010 and that has more than 450 000 tonnes of municipal solid waste in place; and any landfill in which more than 20 000 tonnes of municipal solid waste was disposed of in 2025 or is disposed of in any subsequent calendar year and that has more than 200 000 tonnes of municipal solid waste in place. Non-application — waste types These Regulations do not apply to a landfill into which only the following types of waste have been disposed of: hazardous waste; non-biodegradable waste, such as soil, rock, asphalt, concrete, brick, glass, ceramics, clay products, inert slag, asbestos-containing waste and metals; waste produced by forest products operations; or construction and demolition waste. Non-application — non-contiguous portions These Regulations do not apply to any portion of a landfill that is not contiguous with any other portion of the landfill; in which no municipal solid waste was disposed of after January 1, 2010; and that is under final cover. Annual assessment By June 1 of a calendar year, an owner or operator of a landfill shall calculate the quantity of methane generated at the landfill in the previous calendar year, in tonnes, using the methane modelling tool; and submit to the Minister the name of the landfill and any identification numbers used for reporting to federal and provincial authorities, the landfill’s civic address and latitude and longitude coordinates expressed in decimal degrees to five decimal places, the name and civic address of the owner and the operator of the landfill, the name, title, civic and postal addresses, telephone number and email address of the landfill owner’s or operator’s authorized official, the name and civic address of the owner and the operator of any landfill gas management system located at the landfill, the civic address of the place where records required to be made under these Regulations are kept, an indication as to whether the landfill is open or closed, the date on which the landfill opened, the date on which the landfill was closed or is expected to be closed, the quantity of municipal solid waste disposed of in the previous calendar year, in tonnes, and the method used to calculate that quantity, the quantity of municipal solid waste in place at the landfill at the end of the previous calendar year, in tonnes, the quantity of waste of each of the following types disposed of at the landfill in the previous calendar year, in tonnes: residential waste, industrial, commercial and institutional waste, construction, renovation and demolition waste, sludge and biosolids, fill and soil, and any other waste types specified by the owner or operator, for any portion of the landfill that meets the conditions set out in subsection 3(3), the date on which waste was last disposed of in the portion, the quantity of municipal solid waste that was in place in the portion, in tonnes, and a map showing its location in relation to the rest of the landfill, the quantity of methane calculated under paragraph (a) and a copy of the completed methane modelling tool, any waste characterization data used to calculate methane generation under paragraph (a), a description of any active landfill gas recovery system, biocover or other methane control system that was in place or in operation at the landfill at the end of the previous calendar year, a map showing the location of any landfill gas recovery wells that were in operation at the end of the previous calendar year, and the date on which, in the opinion of the owner or operator, sections 7 to 24 apply in respect of the landfill. Cessation of application Subsection (1) ceases to apply in respect of a landfill if the owner or operator complies with paragraph (1)(b) and the quantity of methane calculated under paragraph (1)(a) in respect of the previous calendar year is 664 tonnes or more and the landfill was open at the end of that year; or the landfill was closed at the end of the previous calendar year. Definition of open In this section, open, in relation to a landfill, means that the landfill accepts solid waste for disposal. Non-application Sections 7 to 24 do not apply in respect of a landfill if the quantity of methane calculated under paragraph 4(1)(a) in respect of a calendar year for the landfill is less than 1 000 tonnes, the landfill is closed at the end of that year and the owner or operator complies with paragraph 4(1)(b) for that year. Application — 1 000 tonnes or more Sections 7 to 24 apply in respect of a landfill for which the quantity of methane calculated under paragraph 4(1)(a) in respect of a calendar year is 1 000 tonnes or more for any portion of the landfill to which a registered offset project does not apply on the day on which these Regulations come into force, as of January 1, 2028, for any portion of the landfill with an active landfill gas recovery system that is in operation on the day on which these Regulations come into force, and as of January 1, 2029 or January 1 of the fourth year after the year for which that quantity of methane is calculated, whichever is later, for any other portion of the landfill; and for any portion of a landfill to which a registered offset project applies on the day on which these Regulations come into force, on the later of the applicable date referred to in subparagraph (a)(i) or (ii), as the case may be, and January 1 of the year following the year in which offset credits are last generated with respect to the crediting period that applies for the project on the day on which these Regulations come into force. Application — 664 to 1 000 tonnes Sections 7 to 24 apply in respect of a landfill for which the quantity of methane calculated under paragraph 4(1)(a) in respect of a calendar year is 664 tonnes or more but less than 1 000 tonnes as of January 1, 2035 or January 1 of the fourth year after the year for which that quantity is calculated, whichever is later. However, those sections do not apply if the landfill is closed in any calendar year before that date and the quantity of methane generated at the landfill in that calendar year is less than 1 000 tonnes as calculated using the methane modelling tool; and the owner or operator submits to the Minister the information and documents referred to in paragraph 4(1)(b) for that calendar year. Registered offset project For the purposes of subsection (2), a registered offset project is an offset project that is registered under the Canadian Greenhouse Gas Offset Credit System Regulations and to which the Federal offset protocol : landfill methane recovery and destruction, published by Environment and Climate Change Canada, applies; Greenhouse Gas Emission Control Regulation, B.C. Reg. 250/2015, and to which the British Columbia Greenhouse Gas Offset Protocol: Methane from Organic Waste, published by the Government of British Columbia, applies; Regulation respecting landfill methane reclamation and destruction projects eligible for the issuance of offset credits, CQLR, c. Q-2, r. 35.5, and the Regulation respecting the cap-and-trade system for greenhouse gas emission allowances, CQLR c. Q-2, r. 46.1; or Technology Innovation and Emissions Reduction Regulation, Alta. Reg. 133/2019, and to which the Quantification Protocol for Landfill Gas Capture and Combustion, published by the Government of Alberta, applies. Deferral of date The Minister may, on the application of an owner or operator of a landfill, defer the applicable date referred to in subparagraph 5(2)(a)(ii) by no more than two years. Application for deferral The application must be submitted to the Minister at least 180 days before the day on which sections 7 to 24 would apply under subparagraph 5(2)(a)(ii). The application must include the name, title, civic and postal addresses, telephone number and email address of the owner or operator, the owner or operator’s authorized official and a contact person, if different from the authorized official; the name of the landfill and any identification numbers used for reporting to federal and provincial authorities; the landfill’s civic address and latitude and longitude coordinates, expressed in decimal degrees to five decimal places; the reasons for their request; a description of the measures required to comply with sections 7 to 24; the expected date for completion of the measures and the reasons why it is the earliest feasible date to do so; and a description of what will be done to minimize methane emissions until the measures are completed. Decision A deferral shall be granted if the Minister is satisfied that the owner or operator’s inability to meet the requirements of sections 7 to 24 is due to circumstances that are beyond the owner or operator’s control and that arise from an outstanding provincial or territorial regulatory permit or approval; or the delayed procurement, delivery or installation of necessary equipment. Revocation The Minister shall revoke a deferral if the Minister has reasonable grounds to believe that the owner or operator has submitted false or misleading information to the Minister. Procedure Before revoking a deferral, the Minister shall provide the owner or operator with written reasons for the proposed revocation and an opportunity to make written representations in respect of it. Venting prohibited Subject to subsection (2), an owner or operator of a landfill shall not vent landfill gas from a portion of the landfill where waste has been disposed of. Exceptions Landfill gas may be vented when it is necessary to do so to conduct repairs, equipment maintenance or active landfill gas recovery system expansions; when it is necessary to do so to avoid serious risk to human health or safety or to prevent the subsurface migration of landfill gas offsite; or in portions of the landfill that are under final cover, if the methane concentration in landfill gas in the venting location is below 25% by volume in four consecutive quarterly measurements taken using an instrument documented by the manufacturer to be capable of measuring the methane concentration in landfill gas and that is calibrated and operated in accordance with the manufacturer’s specifications. Methane destruction To destroy methane, an owner or operator of a landfill shall convey all landfill gas recovered by an active landfill gas recovery system to one or more of the following devices or systems: an enclosed flare; an open flare; an energy recovery device, including gas turbines, internal combustion engines, boilers and steam turbine systems; a treatment system that processes recovered landfill gas for subsequent sale or use; if the methane concentration in the recovered landfill gas is below 25% by volume, a biofilter; or any other device or system that has a methane destruction efficiency of at least 98%. Treatment system — emissions If recovered landfill gas is conveyed to a treatment system referred to in paragraph (1)(d), the owner or operator of the treatment system shall convey to an enclosed or open flare or to a thermal oxidizer treatment process emissions that contain methane; and any processed landfill gas that is not sold or used. Submission to Minister If recovered landfill gas is conveyed to a device or system referred to in paragraph (1)(f), the owner or operator of the landfill shall submit the following information to the Minister by June 1 of the year following the calendar year in which the device or system becomes operational: the landfill’s civic address and latitude and longitude coordinates, expressed in decimal degrees to five decimal places; and a description of the device or system, including the make and manufacturer of any equipment, the calculated or estimated methane destruction efficiency, in percentage, and supporting measurements, calculations and documents, as well as a description of annual or periodic tests to measure destruction efficiency and the estimated days of operation during a calendar year. Monitoring — methane destruction The owner or operator of the landfill shall measure at least on a monthly basis, the methane concentration in recovered landfill gas that is conveyed to each of the devices or systems referred to in subsection (1), at a location that is either specific to each device or system or common to every device or system; and at least every 15 minutes, the volumetric flowrate of that recovered landfill gas at a location specific to each device or system. Records An owner or operator of a landfill shall make a record of when venting of landfill gas occurs, the location of the venting, the dates on which it took place and the reasons why it took place; any measurements taken that demonstrate that the condition set out in paragraph 7(2)(c) has been met; the measurements taken under paragraph 8(4)(a) or the monthly average of them; the volume of landfill gas that is conveyed each day to each of the devices or systems referred to in subsection 8(1); and the dates on which the active landfill gas recovery system and the devices or systems referred to in subsection 8(1) were shut down and the reasons for each shutdown. Monitoring — recovery wells An owner or operator of a landfill shall, on a monthly basis, monitor each landfill gas recovery well to determine whether the gauge pressure is more than 0.5 inches of water, whether the oxygen concentration in recovered landfill gas is more than 5% by volume, and unless freezing conditions prevent necessary measurements, whether the volumetric flow rate of landfill gas is zero; and inspect each wellhead to identify damaged equipment components. Method The monitoring shall be conducted using instruments that are documented by the manufacturer to be capable of taking the required measurements and that are calibrated and operated in accordance with the manufacturer’s specifications. Compliance not required The owner or operator need not comply with paragraph (1)(a) or (b), for a landfill gas recovery well that is not in operation due to construction activities including repairs or modifications to it, the active landfill gas recovery system, the leachate collection system or the landfill cover, is not in operation due to measures taken to extinguish or prevent a fire at the landfill, has been decommissioned or has not operated in the previous 30 days, has no accessible location for measurements to be taken, or is located in a portion of the landfill that is under final cover, if the methane concentration in landfill gas in the well is below 25% by volume in six consecutive monthly measurements taken using an instrument documented by the manufacturer to be capable of measuring the methane concentration in landfill gas and that is calibrated and operated in accordance with the manufacturer’s specifications; and with paragraph (1)(a), for a wellhead in which equipment is operating that continuously monitors the gauge pressure, oxygen concentration and volumetric flow rate and adjusts pressure in the well. Follow-up — wells If an owner or operator identifies the existence of any of the conditions described in paragraph 10(1)(a), the owner or operator shall, before the completion of the next scheduled monitoring event, demonstrate that none of the conditions still exist; or determine whether there are methane leaks in any equipment components at the wellhead, based on measurements taken using an instrument and method referred to in paragraph 13(1)(a) or (b), and whether there are exceedances in any landfill cover penetrations associated with the wellhead, based on measurements taken using an instrument and method referred to in paragraph 19(1)(a) or (c). Follow-up — damaged equipment If the owner or operator identifies a damaged equipment component, the owner or operator shall, before the completion of the next scheduled monitoring event, determine whether there are methane leaks in any equipment components at the wellhead based on measurements taken using an instrument and method referred to in paragraph 13(1)(a) or (b); and whether there are exceedances in any landfill cover penetrations associated with the wellhead based on measurements taken using an instrument and method referred to in paragraph 19(1)(a) or (c). for each monitoring event, the latitude and longitude coordinates, expressed in decimal degrees to five decimal places, of each landfill gas recovery well and the corresponding measurements taken, the identifier of each well, the date of the monitoring event, and if the owner or operator did not comply with subsection 10(1), the reason for the non-compliance; the measurements taken for the purposes of subparagraph 10(3)(a)(v), along with the dates and locations of those measurements and the instruments and calibrations used; and any measurement taken for the purposes of subsection 11(1) or (2) and the date on which the measurement was taken, the latitude and longitude coordinates, expressed in decimal degrees to five decimal places, of the landfill gas recovery well, and the well identifier. Monitoring — equipment components An owner or operator of an equipment component that is part of a landfill gas management system in operation at a landfill shall, to detect methane leaks in that equipment component, monitor the equipment component three times per calendar year separated by an interval of at least 60 days, using an instrument referred to in paragraph 19(1)(a) in accordance with section 8.3.1 of EPA Method 21, with the probe inlet of the instrument held no more than 2 cm from the equipment component or no more than 5 cm from the surface of a vault containing equipment components; or any methane leak detection instrument and method approved by the Minister under subsection (2). Approval of instrument and method The Minister may approve a methane leak detection instrument and method that is capable of detecting the same methane leaks as could be detected if the equipment component were monitored in accordance with paragraph (1)(a); and includes a description of the detection instrument and its specifications, instructions for the operation and calibration of the instrument, the manner in which measurements are to be taken and the means by which methane leaks are to be detected, instructions for the appropriate use of the instrument under various conditions, and if units other than ppmv are used to measure methane concentrations, instructions as to how those units are to be interpreted for the purpose of determining compliance with these Regulations. Exception Subsection (1) does not apply in respect of an equipment component the monitoring of which poses a serious risk to human health or safety. Detection of methane leak If a methane leak is detected, whether during a monitoring event or at any other time, in an equipment component, the owner or operator of the component shall, within 30 days after the day on which it is detected, repair the equipment component and confirm that the leak has been eliminated by measuring the methane concentration at the location of the leak using an instrument and method referred to in paragraph 13(1)(a) or (b); or prepare a plan that includes the cause of the leak and a description of the measures required to eliminate it, the expected date for the completion of the measures and the reasons why it is the earliest feasible date to do so, and a description of what will be done to minimize methane emissions from the equipment component until the measures are completed. When leak to be eliminated If elimination of the methane leak is not confirmed in accordance with paragraph (1)(a), the owner or operator shall eliminate it within 90 days after the day on which it is first detected, if it can be eliminated while the equipment component is still operating; or during the next planned shutdown of the landfill gas management system, if that shutdown is for the purpose of inspecting and maintaining the landfill gas management system. When leak considered eliminated A methane leak is considered to be eliminated if the methane concentration at the location of the methane leak is less than 500 ppmv. An owner or operator of a equipment component referred to in subsection 13(1) shall make a record of, for each monitoring event, the date of the monitoring event and the name of the individual who conducted it; the type of each monitoring instrument used, including its make and model and the results of each calibration; any equipment component that is not monitored due to the application of subsection 13(3); and for each methane leak detected, the day on which it was detected, the location of the methane leak, including its latitude and longitude coordinates, expressed in decimal degrees to five decimal places, the equipment component on which it was detected and the corresponding methane concentration measured, the cause of the methane leak and a description of the measures required to eliminate it, the methane concentration that demonstrates that the leak has been eliminated and the day on which the concentration was measured, and any plan prepared under paragraph 14(1)(b). Obligation An owner or operator of a landfill shall ensure that there is no exceedance in relation to the surface methane concentration and the zone-average surface methane concentration in portions of the landfill where waste disposal has not taken place in the previous 12 months. Subsection (1) does not apply in respect of any portion of the landfill where a landfill cover or an active landfill gas recovery system is under construction; or an active landfill gas recovery system is not operating due to measures taken to extinguish or prevent a fire at the landfill or due to normal servicing or repairs. Monitoring — exceedances An owner or operator of a landfill shall, for the purpose of detecting exceedances, monitor the landfill three times per calendar year by measuring the surface methane concentrations in accordance with section 19 and calculating the zone-average surface methane concentrations in accordance with section 20. The monitoring events must be separated by an interval of at least 60 days and occur in the case of the first monitoring event, during the period beginning on January 1 and ending on May 31; in the case of the second monitoring event, during the period beginning on June 1 and ending on August 31; and in the case of the third monitoring event, during the period beginning on September 1 and ending on December 31. Subsection (1) does not apply in respect of any portion of a landfill where waste disposal has taken place in the 12-month period prior to a monitoring event. Exception — portion under final cover If an exceedance is not detected during a calendar year in the portion of a landfill that is under final cover, the owner or operator need only take the measurements referred to in paragraph 19(5)(b) once in the following calendar year in that portion. Exception — closed landfill If an exceedance is not detected during a calendar year in a closed landfill that is under final cover, the owner or operator need only take the measurements referred to in subsection 19(5) once in the following calendar year. Follow-up If an exceedance is detected, whether during a monitoring event or at any other time, the owner or operator of the landfill shall, within 30 days after the day on which the exceedance was first detected, confirm that the exceedance has been eliminated by measuring the methane concentration at the location of the exceedance using an instrument and method referred to paragraph 19(1)(a) or (c); or the cause of the exceedance and a description of the measures required to eliminate it, When exceedance to be eliminated If the elimination of the exceedance is not confirmed in accordance with paragraph (1)(a), the owner or operator shall eliminate the exceedance within six months after the day on which it is first detected. When exceedance considered eliminated An exceedance is considered to be eliminated in relation to a surface methane concentration, if the surface methane concentration where the exceedance was detected is less than 500 ppmv; and in relation to a zone-average surface methane concentration, if the zone-average surface methane concentration in the zone where the exceedance was detected is less than 25 ppmv. Measuring methane concentrations Surface methane concentrations are to be measured using a portable methane monitoring instrument that meets the specifications set out in sections 6.1 to 6.5 of EPA Method 21, has been calibrated in accordance with sections 7, 8.1 to 8.1.3.2 and 10 of EPA Method 21, and is maintained in accordance with the manufacturer’s recommendations, if any; a methane monitoring instrument that meets the specifications set out in Sections 6.1 and 6.2 of EPA OTM 51, is mounted on a drone that meets the specifications of Section 6.3 of EPA OTM 51, and is calibrated and tested in accordance with Sections 7, 8.1 to 8.1.5 and 10 of EPA OTM 51, before the instrument is first used on any day; or any methane monitoring instrument and method approved by the Minister under subsection (2). The Minister may approve a methane monitoring instrument and method that are capable of detecting the same exceedances as could be detected if the landfill were monitored in accordance with paragraph (1)(a) and subsections (3) and (5); in the case of the instrument, is capable of taking surface methane concentration measurements in accordance with subsection (5); and a description of the instrument and its specifications, instructions for the operation and calibration of the instrument, the manner in which measurements are to be taken and the means by which exceedances are to be detected, instructions for the appropriate use of the instrument under various conditions, instructions for the calculation of the zone-average surface methane concentration, and Method — paragraph (1)(a) instrument When using a portable methane monitoring instrument referred to in paragraph (1)(a), surface methane concentrations are to be measured with the probe inlet placed no more than 5 cm above the landfill surface. If a measurement above 200 ppmv is taken surface methane concentrations must be measured within 5 m of the location of that measurement to identify the maximum surface methane concentration within that radius; and at the location of the maximum surface methane concentration, the probe must be maintained in a stationary position for twice the instrument response time before a measurement is taken. Method — paragraph (1)(b) instrument When using an instrument referred to in paragraph (1)(b), surface methane concentrations are to be measured as follows: the drone must be flown at a constant height above ground level and at a speed such that the instrument-only response time multiplied by the forward flight speed does not exceed 4 m; during flight, using the drone’s gimballed camera, geo-referenced pictures must be taken of features that indicate elevated concentrations of landfill gas, such as distressed vegetation and cracks or seeps in the landfill cover; if a measurement above 200 ppmv is taken, within 48 hours after it is taken, surface methane concentrations must be measured within 15 m of the location of that measurement in a spiral or serpentine pattern at intervals of 3 m using an instrument referred to in paragraph (1)(a); and if a measurement above 200 ppmv is taken under paragraph (c), the surface methane concentration measurements described in paragraphs (3)(a) and (b) must be taken. Measurement locations Measurements are to be taken at intervals of no more than 2 m along the entire perimeter of the portions of the landfill where municipal solid waste is in place; at intervals of no more than 2 m along a pattern that traverses the landfill, at intervals of no more than 30 m that are offset by 10 m for each successive monitoring event; at all landfill cover penetrations and where indications of elevated concentrations of landfill gas are present, such as distressed vegetation and cracks or seeps in the landfill cover, using an instrument referred to in paragraph (1)(a) or (c), and if a location of concern is detected during a monitoring event, at that location as part of the next monitoring event. Excluded locations Measurements need not be taken in any portion of a landfill where a landfill cover or an active landfill gas recovery system is under construction; or where doing so poses a serious risk to human health or safety. Excluded circumstances Measurements are not to be taken if there is standing water on the landfill surface at the measurement location; or the average wind speed measured during a 15-minute interval using an anemometer equipped with a continuous recorder and data logger exceeds 30 km per hour. Zone-average calculation — ground-based measurements If surface methane concentrations are measured in a zone using an instrument referred to in paragraph 19(1)(a), the calculation of the zone-average surface methane concentration is to be based on those measurements and include only those measurements referred to in paragraph 19(5)(b). Zone-average calculation — drone-based measurements If surface methane concentrations are measured in a zone using an instrument referred to in paragraph 19(1)(b), the calculation of the zone-average surface methane concentration is to be based on those measurements. An owner or operator of a landfill shall, for each monitoring event, make a record of the dimensions of each zone and maps showing each zone and its zone identifier, the surface methane measurement locations, the portions of the landfill that are under final cover and those portions where waste disposal has not taken place in the previous 12 months; for any portion of the landfill that was excluded under subsection 19(6), the reason for the exclusion and the zone identifier or a description of the portion; the time-stamped methane concentrations, with the latitude and longitude coordinates of their locations, expressed in decimal degrees to five decimal places, and any zone-average surface methane concentrations; the weather conditions, including the hourly rate of change of barometric pressure during the monitoring event and the 24-hour period before it, and the average wind speed measured for every 15-minute interval during the monitoring event using an anemometer equipped with a continuous recorder and data logger; for each exceedance detected, the day on which the exceedance was detected and the corresponding surface methane concentration or zone-average surface methane concentration, as the case may be, in ppmv, the location of the exceedance, specifying its latitude and longitude coordinates, expressed in decimal degrees to five decimal places, or the zone or well identifier, as the case may be, the cause of the exceedance, the measures taken to eliminate it and the dates on which the measures were taken, the methane concentration that demonstrates that the exceedance has been eliminated and the day on which that concentration was measured, and any plan prepared under paragraph 18(1)(b); for each location of concern detected, its location, specifying its latitude and longitude coordinates, expressed in decimal degrees to five decimal places, the day on which it was detected and the corresponding surface methane concentration measured, in ppmv. Annual report An owner or operator of a landfill shall, by June 1 of each calendar year, submit to the Minister a report that includes, for the previous calendar year, the name, title, civic and postal addresses, telephone number and email address of the owner and operator, the owner and operator’s authorized official and a contact person, if different from the authorized official; the name, title, civic and postal addresses, telephone number and email address of the owner and operator of the equipment components that are part of any landfill gas management system in operation at the landfill, the owner or operator’s authorized official and a contact person, if different from the authorized official; the operational status of the landfill, including the date on which it was closed or is expected to be closed, the quantity of municipal solid waste disposed of at the landfill, in tonnes, and the quantity of municipal solid waste that was in place at the landfill at the end of that year, in kilotonnes; a description of any active landfill gas recovery system, biocover or other methane control system that was in place or in operation at the landfill, including the first day on which it was in place or commenced operation; a description of any device or system referred to in subsection 8(1) that was in operation at the landfill, including its type, manufacturer, model, year of installation, location and capacity, and the methane destruction efficiency cited by the manufacturer, if any; the type of each daily, intermediate and final cover in place at the landfill at the end that year, the area of the landfill under each type of landfill cover and the area of the landfill where landfill gas was being recovered; the average of the methane concentration measurements taken under paragraph 8(4)(a), in percentage; the quantity of methane, in tonnes, conveyed to each of the devices or systems referred to in subsection 8(1); the number of hours during which an active landfill gas recovery system was in operation, the dates on which it was shut down and the reasons for each shutdown; the information referred to in paragraph 9(a); a map showing the portions of the landfill that were under daily, intermediate and final cover at the end of that year, the portions in which waste was disposed of during that year and the portions excluded from the application of all or part of these Regulations under subsection 3(3) or 24(1), the locations and well identifiers of landfill gas recovery wells, and the locations of zones including zone identifiers; the information referred to in paragraph 21(c); for each monitoring event, the date of the monitoring event and the type of monitoring instrument used; if an owner or operator identified the existence of any of the conditions described in paragraph 10(1)(a) or (b), any measurements taken for the purpose of paragraph 11(1)(a) and the dates on which they are taken or the results of the determination made under paragraph 11(1)(b) and subsection 11(2), and the information referred to in paragraph 12(a) for the monitoring event in which those conditions were identified; for each methane leak identified or eliminated, the information referred to in paragraph 15(d); for each exceedance identified or eliminated, the information referred to in paragraph 21(g); for each location of concern identified in the calendar year, the information referred to in paragraph 21(h); and a map showing the location of each methane leak and exceedance identified or eliminated. Deferral The Minister may, on the application of an owner or operator referred to in subsection 13(1) or an owner or operator of a landfill, as the case may be, defer a time limit set out in subsection 14(2) or 18(2) by no more than six months. The application must be submitted to the Minister at least 45 days before the applicable time limit expires. It must include the reasons for the application and in the case of the time limit set out in subsection 14(2), the information referred to in subparagraphs 15(d)(i) to (iii), the expected date for the completion of the measures required to eliminate the methane leak and the reasons why it is the earliest feasible date to do so, and a description of what will be done to minimize methane emissions from the equipment component until the measures are completed; and in the case of a time limit set out in subsection 18(2), the information referred to in subparagraphs 21(g)(i) to (iii), the expected date for the completion of the measures required to eliminate the exceedance and the reasons why it is the earliest feasible date to do so, and A deferral shall be granted if the Minister is satisfied that the owner or operator’s inability to meet the applicable time limit is due to circumstances that are beyond the owner or operator’s control and that arise from an outstanding provincial or territorial regulatory permit or approval, the delayed procurement, delivery or installation of necessary equipment, or conditions that pose a serious risk to human health or safety; and the proposed measures to minimize methane emissions before expiration of the deferred time limit are adequate. The Minister must revoke a deferral if the Minister has reasonable grounds to believe that the owner or operator has submitted false or misleading information to the Minister. Sections 7 to 21 Subject to subsection (4), sections 7 to 21 cease to apply in respect of a portion of a landfill at which no waste has been disposed of for at least 15 years and final cover is in place, and no exceedance has been detected for six consecutive monitoring events referred to in paragraph (c) of the definition monitoring event in subsection 1(1) and no active landfill gas recovery took place in the five days prior to each of the monitoring events; and a portion of a landfill that is not contiguous with any other portion of the landfill and at which only waste referred to in paragraph 3(2)(b) or (d) has been disposed of, no active landfill gas recovery system is in place, and no exceedance has been detected for six consecutive monitoring events referred to in paragraph (c) of the definition monitoring event in subsection 1(1). Sections 7 to 22 Subject to subsection (4), sections 7 to 22 cease to apply in respect of any landfill at which the quantity of methane conveyed to all of the devices or systems referred to in subsection 8(1) in the previous calendar year was less than 500 tonnes, or generated by all municipal solid waste in place at the landfill in the previous calendar year, as calculated using the methane modelling tool, was less than 500 tonnes; and no exceedance has been detected for six consecutive monitoring events referred to in paragraph (c) of the definition monitoring event in subsection 1(1) and no active landfill gas recovery took place in the five days prior to each of the monitoring events. Subsection 17(3) or (4) For the purposes of subparagraph (1)(a)(ii), (1)(b)(iii) or paragraph (2)(b), an owner or operator may not take advantage of an exception referred to in subsection 17(3) or (4). Before any cessation becomes effective, the owner or operator must submit the following information and documents to the Minister: an attestation that the landfill meets the requirements set out in subparagraph (1)(a)(i) or (b)(i), as the case may be; if applicable, the measurements, calculations and supporting documents that demonstrate that the landfill meets the requirements set out in paragraph (2)(a);

and for the monitoring events that demonstrate that there were no exceedances referred to in subparagraph (1)(a)(ii) or (b)(iii) or paragraph (2)(b), the records referred to in paragraphs 21(a) to (e). The Minister shall, within 60 days after receiving the information and documents, decide whether the owner or operator is entitled to a cessation under this section and advise the owner or operator in writing of that decision and, if applicable, the effective date of any cessation. Records — information An owner or operator of a landfill and an owner or operator referred to in subsection 13(1) shall keep a record of any information submitted to the Minister under these Regulations. Record keeping An owner or operator of a landfill shall, for any record that is required to be made under these Regulations, make it no later than 30 days after the day on which the information to be recorded becomes available; keep it for at least five years after the day on which it is made; keep it at the landfill or, with written notice to the Minister, at any other place in Canada where it can be inspected; if the record is moved, notify the Minister, in writing, of the civic address of its new location within 30 days after the day on which it is moved; provide it to the Minister within 60 days after the Minister requests it; retain it in an electronically readable format if it is made electronically; and if it is a record of a calculation, retain supporting documents and information that are used to make the calculation. Electronic provision Information or a report, notice or record that is required to be provided to the Minister under these Regulations is to be provided electronically in the form specified by the Minister and must bear the electronic signature of the owner or operator that is required to provide it or of the owner’s or operator’s authorized official. If the Minister has not specified an electronic form or if it is impractical to provide the report, notice, record or information electronically because of circumstances beyond the control of the owner or operator, the report, notice, record or information is to be provided on paper, signed by the owner or operator or the owner’s or operator’s authorized official, in the form specified by the Minister. If no form has been so specified, it may be provided in any form. Application — subsection 4(1) An owner or operator of a landfill shall comply with subsection 4(1) in relation to the 2025 calendar year within 180 days after the day on which that subsection comes into force. [Amendments] Registration These Regulations come into force on the day on which they are registered.