Landfill Methane Regulations (SOR/2025-279)

Surface Methane Concentration Limits

Marginal note:Obligation

• 16 (1) 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.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of any portion of the landfill where

  • (a) a landfill cover or an active landfill gas recovery system is under construction; or

  • (b) 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.

Marginal note:Monitoring — exceedances

• 17 (1) 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

  • (a) in the case of the first monitoring event, during the period beginning on January 1 and ending on May 31;

  • (b) in the case of the second monitoring event, during the period beginning on June 1 and ending on August 31; and

  • (c) in the case of the third monitoring event, during the period beginning on September 1 and ending on December 31.

• Marginal note:Non-application

  (2) 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.

• Marginal note:Exception — portion under final cover

  (3) 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.

• Marginal note:Exception — closed landfill

  (4) 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.

Marginal note:Follow-up

• 18 (1) 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,

  • (a) 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

  • (b) prepare a plan that includes

    • (i) the cause of the exceedance and a description of the measures required to eliminate it,

    • (ii) the expected date for the completion of the measures and the reasons why it is the earliest feasible date to do so, and

    • (iii) a description of what will be done to minimize methane emissions until the measures are completed.

• Marginal note:When exceedance to be eliminated

  (2) 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.

• Marginal note:When exceedance considered eliminated

  (3) An exceedance is considered to be eliminated

  • (a) in relation to a surface methane concentration, if the surface methane concentration where the exceedance was detected is less than 500 ppmv; and

  • (b) 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.

Marginal note:Measuring methane concentrations

• 19 (1) Surface methane concentrations are to be measured using

  • (a) a portable methane monitoring instrument that

    • (i) meets the specifications set out in sections 6.1 to 6.5 of EPA Method 21,

    • (ii) has been calibrated in accordance with sections 7, 8.1 to 8.1.3.2 and 10 of EPA Method 21, and

    • (iii) is maintained in accordance with the manufacturer’s recommendations, if any;

  • (b) a methane monitoring instrument that

    • (i) meets the specifications set out in Sections 6.1 and 6.2 of EPA OTM 51,

    • (ii) is mounted on a drone that meets the specifications of Section 6.3 of EPA OTM 51, and

    • (iii) 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

  • (c) any methane monitoring instrument and method approved by the Minister under subsection (2).

• Marginal note:Approval of instrument and method

  (2) The Minister may approve a methane monitoring instrument and method that

  • (a) 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);

  • (b) in the case of the instrument, is capable of taking surface methane concentration measurements in accordance with subsection (5); and

  • (c) includes

    • (i) a description of the instrument and its specifications,

    • (ii) 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,

    • (iii) instructions for the appropriate use of the instrument under various conditions,

    • (iv) instructions for the calculation of the zone-average surface methane concentration, and

    • (v) 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.

• Marginal note:Method — paragraph (1)(a) instrument

  (3) 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

  • (a) 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

  • (b) 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.

• Marginal note:Method — paragraph (1)(b) instrument

  (4) When using an instrument referred to in paragraph (1)(b), surface methane concentrations are to be measured as follows:

  • (a) 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;

  • (b) 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;

  • (c) 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

  • (d) 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.

• Marginal note:Measurement locations

  (5) Measurements are to be taken

  • (a) 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;

  • (b) 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;

  • (c) 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

  • (d) if a location of concern is detected during a monitoring event, at that location as part of the next monitoring event.

• Marginal note:Excluded locations

  (6) Measurements need not be taken

  • (a) in any portion of a landfill where a landfill cover or an active landfill gas recovery system is under construction; or

  • (b) where doing so poses a serious risk to human health or safety.

• Marginal note:Excluded circumstances

  (7) Measurements are not to be taken if

  • (a) there is standing water on the landfill surface at the measurement location; or

  • (b) 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.

Marginal note:Zone-average calculation — ground-based measurements

• 20 (1) 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).

• Marginal note:Zone-average calculation — drone-based measurements

  (2) 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.

Marginal note:Records

21 An owner or operator of a landfill shall, for each monitoring event, make a record of

• (a) the date of the monitoring event and the name of the individual who conducted it;

• (b) 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;

• (c) 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;

• (d) the type of each monitoring instrument used, including its make and model and the results of each calibration;

• (e) 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;

• (f) the weather conditions, including

  • (i) the hourly rate of change of barometric pressure during the monitoring event and the 24-hour period before it, and

  • (ii) 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;

• (g) for each exceedance detected,

  • (i) 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,

  • (ii) 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,

  • (iii) the cause of the exceedance, the measures taken to eliminate it and the dates on which the measures were taken,

  • (iv) the methane concentration that demonstrates that the exceedance has been eliminated and the day on which that concentration was measured, and

  • (v) any plan prepared under paragraph 18(1)(b);

• (h) 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

Marginal note:Annual report

22 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,

• (a) 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;

• (b) 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;

• (c) the name of the landfill and any identification numbers used for reporting to federal and provincial authorities;

• (d) the landfill’s civic address and latitude and longitude coordinates, expressed in decimal degrees to five decimal places;

• (e) 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;

• (f) 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;

• (g) 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;

• (h) 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;

• (i) the average of the methane concentration measurements taken under paragraph 8(4)(a), in percentage;

• (j) the quantity of methane, in tonnes, conveyed to each of the devices or systems referred to in subsection 8(1);

• (k) 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;

• (l) the information referred to in paragraph 9(a);

• (m) a map showing

  • (i) 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),

  • (ii) the locations and well identifiers of landfill gas recovery wells, and

  • (iii) the locations of zones including zone identifiers;

• (n) the information referred to in paragraph 21(c);

• (o) for each monitoring event, the date of the monitoring event and the type of monitoring instrument used;

• (p) if an owner or operator identified the existence of any of the conditions described in paragraph 10(1)(a) or (b),

  • (i) 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

  • (ii) the information referred to in paragraph 12(a) for the monitoring event in which those conditions were identified;

• (q) for each methane leak identified or eliminated, the information referred to in paragraph 15(d);

• (r) for each exceedance identified or eliminated, the information referred to in paragraph 21(g);

• (s) for each location of concern identified in the calendar year, the information referred to in paragraph 21(h); and

• (t) a map showing the location of each methane leak and exceedance identified or eliminated.