United States
Environmental Protection
Agency
Air and Radiation EPAxxx-x-xx-xxx
(6202J) September 1999
www.epa.gov/lmop
&EPA Ohio State Primer
Developing Ohio's
Landfill Gas-to-Energy
SOLID WASTE
AUTHORITY
Df Central Ohio
OHIO
OhtoEFft
STAI
Printed on paper that contains at least
20 percent postconsumer fiber.
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Contents
i
1. About the Landfill Methane Outreach Program I
2, Electricity Restructuring and LFGTE v
3. The Goals of This Primer vi
4, Where Can I Go for More Information? vii
Part 1: Standards Permits
1 Overview of Federal Standards and Permits 1
1,1 Resource Conservation and Recovery Act Subtitle D 1
1,2 Clean Air Act (CAA) 2
NMOC Emissions: New Source Performance Standards (NSPS) 2
Air Emissions: New Source Review (NSR) Permitting Process 2
Title V Operating Permit 4
1,3 National Pollutant Discharge Elimination System (NPDES) Permit 4
1.4 Clean Water Act, Section 401 5
1.5 Other Federal Permit Programs 6
2, State Standards and Permits 7
3. Overview of Local Standards and Permits 16
Part 2: Incentiwe Programs
1. Overview of Federal Incentive Programs 18
1,1 Section 29 Tax Credit 18
1.2 Renewable Energy Production Incentive (REP!) 18
1.3 Qualifying Facilities Certification 19
2. State Incentive Programs 19
Tables
Table A Candidate Landfills for LFGTE Projects in Ohio ii
Table 2.1 Summary Table of State Standards/Permits 8
Table 2.2 Permit Approval Timeline 9
Table 2.3 Solid Waste: 13 Authorization 10
Table 2.4 Solid Waste: Alteration to Active Landfills 11
Table 2,5 Water: NPDES 12
Table 2,6 Water: Treatment Works 13
Table 2.7 Air (Gas-to-Energy Conversion) 14
Table 2.8 Air (Gas Piped Off Site) 15
Table 3.1 Local Permits and Standards 17
Appendix A
State Contacts 21
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Introduction
Q About the Landfill Methane Outreach Program
The recovery of energy from landfill gas provides local and global environmenfal and energy benefits, as well as
economic benefits. The mefhane captured from landfills can be transformed into a cost-effective fuel source for
generating electricity and heat, firing boilers, or even powering vehicles.
To promote the use of landfill gas as an energy source, the U.S. Environmental Protection Agency (EPA) has
established the Landfill Methane Outreach Program (LMOP). The goals of LMOP are to reduce methane
emissions from landfills by:
Encouraging environmentally and economically beneficial landfill gas-to-energy development
Removing barriers to developing landfill gas-to-energy (LFGTE) projects
To achieve these goals, EPA establishes alliances with four key constituencies:
State environmental and energy agencies
Energy users/providers (including investor-owned, municipal and other public power utilities, cooperatives,
direct end users, and power marketers)
Industry (including developers, engineers, and equipment vendors)
Community partners (municipal and small private landfill owners and operators; cities, counties, and other
local governments; and community groups)
EPA establishes these alliances through a Memorandum of Understanding (MOU). By signing the MOU, each ally
and partner acknowledges a shared commitment to promoting landfill gas energy recovery at solid waste
landfills, recognizes that the widespread use of landfill gas as an energy resource will reduce methane and other
air emissions, and commits to certain activities that enhance the development of this resource.
As of January 1999, over 240 landfill methane recovery projects are operating in the United States. EPA estimates
that up to 750 landfills could install economically viable landfill energy projects by the year 2000.
LFGTE Projects in Ohio
Ohio is a member of the LMOP State Ally Program, which encourages cooperation between EPA and state ener-
gy and environental agencies to promote the development of LFGTE resources. Table A lists landfills in Ohio that
are potential candidates for LFGTE projects. In addition to those listed in the table, many smaller orphaned
facilities are still producing gas and could be candidates for LFGTE projects (e.g., through partnerships involving
multiple sites for which capital equipment is shared).
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential
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Table A
Candidate Landfills
Landfill Name
Zimmer Industrial Solid Waste LF
Ashland County LF
Aluminum Smelting & Refining LF
Doherty Sanitary LF, Inc.
Millenium Inorg.Chem.Ashtabula LF
Reserve Environmental Services, Inc. LF
Athens-Hocking Reclamation Center LF
City of St. Mary's LF
Rumpke Waste LF
AK Steel Corp. Middleton Works LF
Champion International Corp.-Reily LF
AWS East Liverpool LF
Wilmington Sanitary LF
CSP Conesville Residual Waste LF
Maws Fairfield Sanitary LF
Ohio Paperboard Corp. LF
Owens-Corning Fiberglass LF
Pine Grove Regional Facility LF
USAWS Coshocton LF
WMI Suburban (South) R & D LF
Crawford County LF
BFI Glenwillow Sanitary LF
City of Brooklyn LF
LTV Steel Co. (Cuyahoga Co.) LF
LTV Steel Co. Inc. (Cleveland) LF
Royalton Road Sanitary LF
Defiance County LF
GM Powertrain, GMC Defiance Plant LF
LaFarge Corp. LF
County
Adams-Clermont
Ashland County
Ashtabula County
Ashtabula County
Ashtabula County
Ashtabula County
Athens-Hocking Joint*
Auglaize County
Brown County
Butler County
Butler County
Carroll-Columbiana-Harrison Joint*
Clinton County
Coshocton-Fairfield-Licking-Perry*
Coshocton-Fairfield-Licking-Perry*
Coshocton-Fairfield-Licking-Perry*
Coshocton-Fairfield-Licking-Perry*
Coshocton-Fairfield-Licking-Perry*
Coshocton-Fairfield-Licking-Perry*
Coshocton-Fairfield-Licking-Perry*
Crawford County
Cuyahoga County
Cuyahoga County
Cuyahoga County
Cuyahoga County
Cuyahoga County
Defiance-Fulton-Paulding-Williams*
Defiance-Fulton-Paulding-Williams*
Defiance-Fulton-Paulding-Williams*
Operational Status
Closed
Open
Closed
Closed
Closed
Closed
Open
Open
Open
Closed
Closed
Open
Open
Closed
Open
Closed
Closed
Open
Open
Open
Open
Open
Open
Closed
Closed
Open
Open
Closed
Closed
i i Landfill Gas Projects in Ohio
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Table A
Candidate Landfills (continued)
Landfill Name
Erie County LF
Huron Lime Company LF
S.W. Authority of Central Ohio LF
AEP Gavin Plant Residual Waste LF
RWS Beech Hollow LF
US Waste Service Gallia Co. Sanitary LF
WCI Steel Inc. LF
Monsanto Company/Bond Road LF
Rumpke Waste Inc. (Cincinnati) LF
WMI E.L.D.A. R&D Facility LF
Hancock County Sanitary LF
Henry County Sanitary LF
Holmes County LF
Huron County LF
Lake County Solid Waste Facility LF
LWS Logan County (Cherokee Run) LF
BFI (Lorain County) LF
Ohio Edison Edgewater Plant LF
Envirosafe Services HW & Industrial LF
Hoffman Road Sanitary LF
AWS Mahoning LF
BFI Carbon Limestone LF
Central Waste, Inc. LF
Laidlaw W.S. (Mercer Co.) LF
Fraser Papers Inc. LF
Montgomery County Ash Monofill
WMOI Stoney Hollow LF
BFI Ottawa County LF
Brush Wellman (New) LF
County
Erie County
#2 Erie County
Franklin County
Gallia-Jackson-Meigs-Vinton*
Gallia-Jackson-Meigs-Vinton*
Gallia-Jackson-Meigs-Vinton*
Geauga-Trumbull*
Hamilton County
Hamilton County
Hamilton County
Hancock County
Henry County
Holmes County
Huron County
Lake County
Logan County
Lorain County
Lorain County
Lucas County
Lucas County
Mahoning County
Mahoning County
Mahoning County
Mercer County
Montgomery County
Montgomery County
Montgomery County
Ottawa-Sandusky-Seneca*
Ottawa-Sandusky-Seneca*
Operational Status
Open
Closed
Open
Closed
Open
Open
Closed
Open
Open
Open
Open
Open
Open
Open
Open
Open
Open
Closed
Closed
Open
Open
Open
Open
Open
Closed
Open
Open
Open
Closed
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential
MI
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Table A
Candidate Landfills (continued)
Landfill Name
Genlime Group L.P. LF
Hocking Enviornmental Co. LF
Redland Inc. (Millersville) LF
Redland Inc. (Woodville) LF
US Gypsum Company LF
DOE PGD Plant/X-735 LF
Pike Sanitation LF
Preble County Sanitary LF
Putnam County LF
Noble Road LF
AWS American LF
AWS American Tire Monofill
C&E Coal, Inc. Pilot Waste Tire Project LF
Kimble Sanitary LF
Mt. Eaton East LF
Rittman Paperboard LF
WMI Countywide R&D Facility LF
Hardy Road (City of Akron) LF
BFI Bigfoot Run LF
WMI Evergreen Recreational
& Disposal Facility LF
Wood County LF
National Lime & Stone LF
Wyandot Sanitary (New) LF
County
Ottawa-Sandusky-Seneca*
Ottawa-Sandusky-Seneca*
Ottawa-Sandusky-Seneca*
Ottawa-Sandusky-Seneca*
Ottawa-Sandusky-Seneca*
Pike County
Pike County
Preble County
Putnam County
Richland County
Stark-Tuscarowas-Wayne *
Stark-Tuscarowas-Wayne *
Stark-Tuscarowas-Wayne *
Stark-Tuscarowas-Wayne *
Stark-Tuscarowas-Wayne *
Stark-Tuscarowas-Wayne *
Stark-Tuscarowas-Wayne *
Summit County
Warren County
Wood County
Wood County
Wyandot County
Wyandot County
Operational Status
Closed
Open
Closed
Closed
Closed
Closed
Open
Open
Open
Open
Open
Open
Open
Closed
Open
Closed
Open
Open
Open
Open
Open
Closed
Open
* Joint Solid Waste Management District (SWMD)
IV
Landfill Gas Projects in Ohio
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Electricity Restructuring and LFGTE
What Is Electricity Restructuring?
Electricity restructuring refers to the introduction of competition into both the wholesale and retail electricity
markets. Until now, electric utilities operated as monopolies authorized by federal and state regulatory authorities
as the sole provider of electric service to consumers within a specific service territory. Under restructuring,
utilities will lose these monopolies, enabling other energy providers to compete for their customers. The result
will be more energy options for consumers, lower energy prices, and greater use of renewable energy sources.
Efforts to restructure the electric utility industry began in 1978 with passage of the Public Utilities Regulatory
Policies Act (PURPA), which required utilities to buy a portion of their power from unregulated power generators in
an effort to encourage the development of smaller generating facilities, new technologies, and renewable energy
sources. The National Energy Policy Act of 1992 (EPACT) expanded on PURPA, allowing more types of unregulated
companies to generate and sell electricity, effectively creating a competitive wholesale market for electric power.
Restructuring at the retail level has been a hot issue in many states since the passage of EPACT, which delegated
states the authority to introduce competition among electric utilities within their borders. As of January 1999, 14
states have enacted some form of restructuring legislation, while the remaining 36 are considering such legislation.
How Do These Changes Affect Landfill Gas Recovery?
Many states are including renewable energy provisions in their restructuring legislation. Such provisions mandate
utilities to include a certain percentage of electricity generated from renewable, or "green energy," sources into
their energy mixes. LFGTE is one such green energy source.
In March 1998, the Clinton Administration unveiled its "Comprehensive Electricity Competition Plan" to
restructure the electricity industry nationwide. Contained in that proposal is a Renewable Portfolio Standard
(RPS) that would guarantee that a minimum percentage of the nation's electricity be powered by green energy.
Energy service providers would be required to cover a percentage of their electricity sales with generation from
non-hydroelectric renewable sources such as wind, solar, geothermal, and biomass (which includes LFGTE).
Marketing Landfill Gas Recovery as Green Power
One of the emerging areas and most promising mechanisms to encourage utilities and other energy marketers
to participate in LFGTE projects is the development of green marketing programs. Green marketing programs
are designed to enable energy marketers to position renewable energy products (including LFGTE) as premium
products, and therefore, collect a premium price from their customers. In addition, green marketing allows
energy marketers in competitive marketplaces to differentiate their energy product, and allows utilities in non-
restructured marketplaces to gain critical product marketing experience in preparation for competition. However,
the general public is less familiar with LFGTE than other sources of renewable energy; support from the LMOP
can help ensure the success of early LFGTE green marketing efforts.
Get the Latest Information on Electricity Restructuring in Your State
For up-to-date information on electricity restructuring in Ohio, visit the Public Utilities Commission of Ohio
(PUCO) Web site at http://www.puc.state.oh.us.
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential
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The Goals of This Primer
Permits, incentive programs, and policies for LFGTE project development vary greatly from state to state. To
guide LFGTE project developers through the state permitting process and to help them to take advantage of
state incentive programs, the LMOP has worked with state agencies to develop individual primers for states
participating in the State Ally Program. By presenting the latest information on federal and state regulations and
incentives affecting LFGTE projects in this primer, the LMOP and Ohio state officials hope to facilitate
development of many of the landfills listed in Table A.
To develop this primer, the state of Ohio identified all the permits and funding programs that could apply to LFGTE
projects developed in Ohio. It should be noted, however, that the regulations, agencies, and policies described are
subject to change. Changes are likely to occur whenever a state legislature meets, or when the federal government
imposes new directions on state and local governments. LFGTE project developers should verify and continuously
monitor the status of laws and rules that might affect their plans or the operations of their projects.
Who Should Read This Primer?
Throughout the country, the number of LFGTE projects is growing. Recovering methane gas at solid waste land-
fills provides significant environmental and economic benefits by eliminating methane emissions while capturing
the emissions' energy value.
This primer is designed to help realize the potential of landfill gas recovery in the state of Ohio. It provides informa-
tion for developers of LFGTE projects, as well as all other participants in such projects: landfill operators, utility
companies, independent power producers, utility regulators, state regulators, engineers, and equipment vendors.
What Information Does This Primer Contain?
If you are interested in taking advantage of the economic and environmental opportunities in LFGTE recovery in
Ohio, you will need to know the regulatory requirements that apply. You will also need to know what economic
incentives are available to help make these projects more economically viable.
To address these needs, this primer covers the following topics:
Federal Standards and Permits. This section provides information on federal regulations that may pertain to
LFGTE projects, including solid waste, air quality, and water quality regulations.
State Standards and Permits. This section provides information on state permits that apply to landfill gas
recovery projects in Ohio.
Local Standards and Permits. Local permit approval will often be needed for LFGTE projects. This section
offers a step-by-step process you can follow to secure this approval.
Federal Incentive Programs. This section presents information on federal incentives that may apply to
LFGTE projects.
State Incentive Programs. This section presents information on the environmental infrastructure financing
opportunities that are available in Ohio.
vi Landfill Gas Projects in Ohio
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Where Can I Go For More Information?
The Ohio State Ally Contacts are:
Mark R. Shanahan
Executive Director
Ohio Air Quality Development Authority
50 W. Broad Street, #1901
Columbus, OH 43215
614-224-3383
614-752-9188 (fax)
mark.shanahan@AQDA.state.oh.us
Ohio Biomass Energy Program
Public Utilities Commission of Ohio
180 East Broad Street
Columbus, OH 43215-3793
http://www.puc.state.oh.us/
Anne Goodge
Program Director
614-644-7857
anne.goodge@puc.state.oh.us
Bibhakar Shakya
Program Coordinator
614-466-2094
bibhakar.shakya@puc.state.oh.us
Dianna Dewell
Executive Secretary
614-466-2871
dianna.dewell@puc.state.oh.us
Dr. Joe Heimlich
Leader, Environmental Science
Ohio State University Extension
700 Ackerman Road, Suite 235
Columbus, OH 43202-1578
614-292-6926
614-292-7341 (fax)
heimlich.1@osu.edu
http://www-comdev.ag.ohio-state.edu/
Nancy Moore
Ohio Environmental Protection Agency
122 South Front Street
Columbus, OH 43216
614-644-2928
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential
VII
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v i i i Landfill Gas Projects in Ohio
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Part 1: Standards and Permits
IT
Overview Of Federal Standards And Permits
The following section discusses federal regulations that may pertain to LFGTE projects. LFGTE projects
can be subject to solid waste, air quality, and water quality regulations. The federal regulations are
presented in general terms, because individual state/local governments generally develop their own
regulations for carrying out the federal mandates. Specific requirements may therefore differ among
states. Project developers will have to contact relevant federal agencies and, in some cases, state
agencies for more detailed information and applications. The discussion of each key federal
standard/permit contains three components:
Importance of the standard/permit to LFGTE project developers
Applicability to LFGTE projects
Description of each standard/permit
1.1 Resource Conservation and Recovery Act Subtitle D
Importance: Before a LFGTE project can be developed, all Resource Conservation and Recovery
Act (RCRA) Subtitle D requirements (i.e., requirements for non-hazardous waste
management) must be satisfied.
Applicability: Methane is explosive in certain concentrations and poses a hazard if it migrates
beyond the landfill facility boundary. Landfill gas collection systems must meet
RCRA Subtitle D standards for gas control.
Description: Since October 1979, federal regulations promulgated under Subtitle D of RCRA
required controls on migration of landfill gas. In 1991, EPA promulgated landfill
design and performance standards; the newer standards apply to municipal solid
waste landfills that were active on or after October 9, 1993. Specifically, the
standards require monitoring of LFG and establish performance standards for
combustible gas migration control. Monitoring requirements must be met at landfills
not only during their operation, but also for a period of 30 years after closure.
Landfills affected by RCRA Subtitle D are required to control gas by establishing a program to periodical-
ly check for methane emissions and prevent offsite migration. Landfill owners and operators must ensure
that the concentration of methane gas does not exceed:
25 percent of the lower explosive limit for methane in facilities' structures
the lower explosive limit for methane at the facility boundary
Permitted limits on methane levels reflect the fact that methane is explosive within the range of
5 to 15 percent concentration in air. If methane emissions exceed permitted limits, corrective action
(i.e., installation of a LFG collection system) must be taken. Subtitle D may provide an impetus for
some landfills to install energy recovery projects in cases where a gas collection system is required for
compliance (see 40 CFR Part 258 for more information).
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1.2 Clean Air Act (CAA)
The CAA regulates emissions of pollutants to ensure that air quality meets specified health and welfare
standards. The CAA contains two provisions that may affect LFGTE projects: New Source Performance
Standards (NSPS) and New Source Review (NSR). Facilities that are planning to construct a new LFGTE
system or that plan to modify a landfill operation to incorporate a LFGTE system must obtain an Authority
to Construct (ATC) permit (in Ohio, a Permit to Install) from the responsible air regulatory agency if
emissions from the project exceed the major facility emission thresholds. The ATC permit specifies the
NSPS and NSR requirements that the project must meet. Once construction is complete, the facility must
obtain an operating permit that meets the requirements defined in Title V of the 1990 CAA Amendments.
The general requirements of NSPS, NSR, and Title V for LFGTE projects are discussed below.
Non-Methane Organic Compounds (NMOCs) Emissions:
New Source Performance Standards (NSPS):
Importance: LFGTE projects can be part of a compliance strategy to meet EPA's new emissions
standards for landfill gas.
Applicability: Landfills meeting certain design capacity, age, and emissions criteria are required to
collect LFG and to either flare it or use it for energy.
Description: EPA final regulations under Title I of the CAA Amendments require affected landfills to
collect and control LFG. Specifically, the CAA targets reductions in the emissions of
NMOCs found in LFG because they contribute to local smog formation. For landfills
that received waste after November 8, 1987 ("existing landfills"), the standards are
"Emissions Guidelines" (EG), and for landfills that commenced construction,
reconstruction, modification, or began accepting waste on or after May 30, 1991
("new landfills"), the standards are "New Source Performance Standards" (NSPS). The
final regulations can be found in the Federal Register, March 12, 1996, Vol. 61, No. 49,
pgs. 9907-9944, or can be obtained from the National Technical Information Service
(NTIS) at (703) 487- 4650 or http://www.ntis.gov. Ask for PB96 - 153465.
The basic requirements are the same for both existing and new landfills. Landfills that meet both of the
following criteria must comply with the regulations.
Capacitymaximum design capacity greater than or equal to 2.5 million Mg (or 2.5 million
cubic meters).
Emissions annual NMOC emission rate is greater than 50 Mg.
Air Emissions: New Source Review (NSR) Permitting Process
Importance: New LFGTE projects may be required to obtain construction permits under New
Source Review (NSR). Depending on the area in which the project is located,
obtaining these permits may be the most critical aspect of project approval.
Applicability: The combustion of LFG results in emissions of carbon monoxide and oxides of nitro-
gen. Requirements vary for control of these emissions depending on local air quality.
The relevant standards for a particular area will be discussed in Section 2, State
Standards and Permits. Applicability of these standards to LFGTE projects will
depend on the level of emissions resulting from the technology used in the project
and the project's location (i.e., attainment or non-attainment area).
^ Landfills with less than 2.5 million Mg are required to file a design capacity report.
2 Landfill Gas Projects in Ohio
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Description: CAA regulations require new stationary sources and modifications to existing
sources of certain air emissions to undergo NSR before they can operate. The
purpose of these regulations is to ensure that sources meet the applicable air quality
standards for the area in which they are located. Because these regulations are
complex, a landfill owner or operator may want to consult an attorney or expert famil-
iar with NSR for more information about permit requirements in a particular area.
The existing CAA regulations for attainment and maintenance of ambient air quality standards regulate
six criteria pollutants ozone, nitrogen dioxide (NC^), carbon monoxide (CO), particulate matter
(PM-10), sulfur dioxide (SO2), and lead. The CAA authorizes the EPA to set both health- and public
welfare-based national ambient air quality standards (NAAQS) for each criteria pollutant. Areas that
meet the NAAQS for a particular air pollutant are classified as being in "attainment" for that pollutant
and those that do not are in "non-attainment." Because each state is required to develop an air quality
implementation plan (called a State Implementation Plan or SIP) to attain and maintain compliance with
the NAAQS in each Air Quality Control Region within the state, specific permit requirements will vary
by state. (See 40 CFR 51.160-51.166 for more information.)
The location of the LFGTE project will dictate what kind of construction and operating permits are
required. If the landfill is located in an area that is in attainment for a particular pollutant, the LFGTE
project must undergo Prevention of Significant Deterioration permitting. Nonattainment Area permitting
is required for those landfills that are located in areas that do not meet the NAAQS for a particular air
pollutant. Furthermore, the level of emissions from the project determines whether the project must
undergo major NSR or minor NSR. The requirements of major NSR permitting are greater than those
for minor NSR. The following provides more detail on new source permits:
Prevention of Significant Deterioration Permitting
Prevention of Significant Deterioration (PSD) review is used in attainment areas to determine whether a
new or modified emissions source will cause significant deterioration of local air quality. The State air office
can assist LFG project developers in determining whether a proposed project requires PSD approval.
All areas are governed to some extent by PSD regulations because no location is in nonattainment for all
criteria pollutants. Applicants must determine PSD applicability for each individual pollutant. For gas-fired
sources, PSD major NSR is required if the new source will emit or has the potential to emit any criteria
pollutant at a level greater than 250 tons per year.
For each pollutant for which the source is considered major, the PSD major NSR permitting process
requires that the applicants determine the maximum degree of reduction achievable through the applica-
tion of available control technologies. Specifically, major sources may have to undergo any or all of the
following four PSD steps:
Best Available Control Technology (BACT) analysis
Monitoring of local air quality
Source impact analysis/modeling
Additional impact analysis/modeling (i.e., impact on vegetation, visibility, and Class I areas)2
Minor sources and modifications (i.e., below 250 tons per year) are exempt from this process, but these
sources must still obtain construction and operating air permits (see CFR. 40 CFR 52.21 for more
information on PSD).
^Class I areas are specified under the Clean Air Act and include national parks. Projects situated within a certain
distance from Class I areas are subject to more stringent criteria for emissions levels.
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential 3
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Nonattainment Air Permitting
An area that does not meet the NAAQS for one or more of the six criteria pollutants is classified as being
in "nonattainment" for that pollutant. Ozone is the most pervasive nonattainment pollutant, and the one
most likely to affect LFGTE projects. A proposed new emissions source or modification of an existing
source located in a nonattainment area must undergo nonattainment major NSR if the new source or
the modification is classified as major (i.e., if the new or modified source exceeds specified emissions
thresholds). To obtain a nonattainment NSR permit for criteria pollutants, a project must meet two
requirements:
Must use technology that achieves the Lowest Achievable Emissions Rate (LAER) for the
nonattainment pollutant.
Must arrange for an emissions reduction at an existing combustion source that offsets the
emissions from the new project at specific ratios.
Potential Exemptions
EPA recently furnished a guidance document to state and regional permitting authorities that provides an
exemption from major NSR permitting requirements for landfill projects that qualify as "pollution control
projects." An existing landfill that plans to install a LFGTE recovery project may qualify as a pollution
control project as long as it reduces non-methane organic compounds (NMOC) at the site. Under the
guidance, the permitting authority may exempt the project from major NSR, provided it meets all other
requirements under the CAA and the state, including minor source requirements. In nonattainment areas,
offsets will still be required, but need not exceed a 1:1 ratio. States have discretion to exercise the
increased flexibility allowed by the guidance on a case-by-case basis.
Title V Operating Permit
Importance: Many LFGTE projects must obtain operating permits that satisfy Title V of the
1990 CAA Amendments.
Applicability: Any LFGTE plant that is a major source, as defined by the Title V regulation
(40 CFR Part 70), must obtain an operating permit.
Description: Title V of the CAA requires that all major sources obtain new federally enforceable
operating permits. Title V is modeled after a similar program established under the
National Pollution Discharge Elimination System (NPDES). Each major source must
submit an application for an operating permit that meets guidelines spelled out in
individual state Title V programs. The operating permit describes the emission limits
and operating conditions that a facility must satisfy, and specifies the reporting
requirements that a facility must meet to show compliance with the air pollution
regulations. A Title V operating permit must be renewed every 5 years.
1.3 National Pollutant Discharge Elimination System (NPDES) Permit
Importance: LFGTE projects may need to obtain NPDES permits for discharging wastewater that
is generated during the energy recovery process.
Applicability: LFG condensate forms when water and other vapors condense out of the gas
stream due to temperature and pressure changes within the collection system. This
wastewater must be removed from the collection system. In addition, LFGTE projects
may generate wastewater from system maintenance and cooling tower blowdown.
Landfill Gas Projects in Ohio
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Description: NPDES permits regulate discharges of pollutants to surface waters. The authority to
issue these permits is delegated to state governments by EPA. The permits, which
typically last five years, limit the quantity and concentration of pollutants that may be
discharged. To ensure compliance with the limits, permits require wastewater
treatment or impose other operation conditions. The state water offices or EPA
regional office can provide further information on these permits.
The permits are required for three categories of sources and can be issued as individual or general
permits. A LFGTE project would be included in the "wastewater discharges to surface water from
industrial facilities" category and would require an individual permit. An individual permit application
for wastewater discharges typically requires information on:
Water supply volumes
Water utilization
Wastewater flow
Characteristics and disposal methods
Planned improvements
Storm water treatment
Plant operation
Materials and chemicals used
Production
Other relevant information
1.4 Clean Water Act, Section 401
Importance: LFGTE projects may need CWA Section 401 certification for constructing pipelines
that cross streams or wetlands.
Applicability: LEG recovery collection pipes or distribution pipes from the landfill to a nearby gas
user may cross streams or wetlands. When construction or operation of such pipes
causes any discharge of dredge into streams or wetlands, the project may require
Section 401 certification.
Description: If the construction or operation of facilities results in any discharge into streams or
wetlands, such construction is regulated under Section 401. This requirement may
affect the construction of LFGTE project facilities or pipelines to transport LFG.
The applicant must obtain a water quality certification from the State in which the discharge will
originate. The certification should then be sent to the U.S. Army Corps of Engineers. The certification
indicates that such discharge will comply with the applicable provisions of Sections 301, 302, 303, 306,
and 307 of the Clean Water Act (CWA).
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential
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1.5 Other Federal Permit Programs
The following are brief descriptions of how ofher federal permifs could apply fo LFGTE project
developmenf.
RCRA Subfifle C could apply fo a LFG project if it produces hazardous waste. While some LFG
projects can return condensate to the landfill, many dispose of it through the public sewage system
after some form of on-site treatment. In some cases, the condensate may contain high enough
concentrations of heavy metals and organic chemicals for it to be classified as a hazardous waste,
thus triggering federal regulation.
The Historic Preservation Act of 1966 or the Endangered Species Act could apply if power lines
or gas pipelines associated with a project infringe upon an historic site or an area that provides
habitat for endangered species.
3 The permits contained in this handbook were suggested by state permitting agencies.
6 Landfill Gas Projects in Ohio
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Ill State Standards and Permits
This section provides information on permits required by the State of Ohio for the development of a
LFGTE project.3 Information provided on each permit includes how the permit is applicable to LFGTE
projects, the appropriate agency contact, a description of the permit; the statute/regulation, information
required and suggestions for a successful application, the application and review process, the
review/approval period, and any fees required. For an overview of required permits, contact information,
and length of the review period, see Tables 2.1 and 2.2.
3The
permits contained in this handbook were suggested by state permitting agencies.
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential
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Table 2.1
Summary Table of State Standards/Permits
Standard
Permit
Agency/Contact
Appropriate
Review Period
Waste
13 Authorization
District Office
90 days
Alteration to
active landfills
District Office
90 days
Water
NPDES
District Office
9 months
Treatment Works District Office
9 months
Air
Gas-to-Energy
Conversion
See Appendix A (Tables A-2 and A-3)
4-6 months
for each
Gas Piped Off-site See Appendix A (Tables A-2 and A-3) N/A
8 Landfill Gas Projects in Ohio
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Table 2.2
Permit Approval Timeline
Waste
13 Authorization
Alteration to Active Landfills
Water
NPDES
Treatment Works
Air
Gas-to-Energy Conversion
0 2
Months
10
12
14
Notes
Solid black line denotes the minimum review/approval
period (where applicable); gray line denotes the maximum.
The remainder of Section 2 contains information about each of the permits required by Ohio for LFGTE
project development. The information is organized into tables containing the following information:
Applicability to LEG Projects
Agency Contact
Description of the Regulation
Statute/Regulation
Information Required/Suggestions
Application Process
Review Process
Review/Approval Period
Fees
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential
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Table 2.3
Solid Waste: 13 Authorization
Applicability to Closed landfills
Landfill Gas Projects
Agency Contact
District office (see Appendix A)
Description
Authorization to disturb a solid waste facility
Statute/Regulation
ORC 3734.02(H)/ OAC 3745-27-13
Information See regulation: location, describe activity, past/current authorizations, how to protect
Required/Suggestions environment (run-on, run-off, waste management, repair cap)
Application Process Prior to installation, submit request to district office.
Review Process
District office will review for deficiencies, or if needed, ask for more information. Applicant
will be informed. If the application is approved, the director will grant authorization.
Review/Approval
Period
On average 90 days (although exact time varies)
Fees
None
10 Landfill Gas Projects in Ohio
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Table 2.4
Solid Waste: Alteration to Active Landfills
Applicability to Active landfills
Landfill Gas Projects
Agency Contact
District office (see Appendix A)
Description
Concurrence to deviate from approved permit
Statute/Regulation
OAC 3745-27-19 (c)
Information Any changes to the design/operation of landfill, how to manage condensate,
Required/Suggestions placement of extraction wells and leader lines. Don't puncture liner, keep cap integrity.
Application Process Prior to installation, submit alteration request to district office.
Review Process
District office will review for deficiencies. If more information is needed, applicant will
be informed. If the application is approved, the director will send concurrence letter.
Review/Approval
Period
On average, 90 days (although exact time varies)
Fees
None
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential 11
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Table 2.5
Water: NPDES*
Applicability to Wastewater (condensate) discharge
Landfill Gas Projects
Agency Contact
District office (see Appendix A)
Description
Authorization to discharge to sewer or surface water. Establishes limits.
Statute/Regulation
ORC 6111
Information Amount of pollutants and their concentration
Required/Suggestions
Application Process Submit to district office
Review Process
If requested by public, a public hearing is held.
Review/Approval
Period
9 months
Fees
Based on flowmaximum of $750/outfall
*Ohio EPA recommends that applicants avoid discharge to surface water. The agency prefers discharge to sewer
or haul to wastewater treatment plant.
12 Landfill Gas Projects in Ohio
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Table 2.6
Water: Treatment Works
Applicability to Treat or pretreat wastewater (condensate) prior to discharge.
Landfill Gas Projects
Agency Contact
District office (see Appendix A)
Description
Authorization to construct treatment works
Statute/Regulation
ORC 6111
Information Must show can meet discharge limits in NPDES permit. Include engineering drawings.
Required/Suggestions
Application Process Submit to district office
Review Process
If requested by the public, a public hearing is scheduled.
Review/Approval
Period
9 months
Fees
Fee based on construction cost. Maximum of $15,000.
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential 13
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Table 2.7
Air (Gas-to-Energy Conversion)
Applicability to
Landfill Gas Projects
Gas-to-energy conversion
Agency Contact
See Appendix A
Description
Both NSPS1 and existing landfills
Statute/Regulation
PTI2: OAC 3745-31-05
PTO3: OAC 3745-35
Information PTI and PTO required
Required/Suggestions
Application Process Submit application to appropriate agency contact.
Review Process
Review for accuracy and deficiencies. Additional information may be requested. A
public hearing may be scheduled.
Review/Approval
Period
4-6 months for each permit
Fees
Based on emission levels ($2,000/cap)
'P77 (Permit to Install) needed before construction can commence.
2PTO (Permit to Operate) must be applied for within first year of source operation.
3NSPS (New Source Performance Standard) is applied to landfill sources built after May 30, 1991. (An "existing
landfill" is one that has been accepting waste since Nov. 8, 1987.)
14 Landfill Gas Projects in Ohio
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Table 2.8
Air
Applicability to Gas piped off site.
Landfill Gas Projects
Agency Contact
See Appendix A
Description
Both NSPS and existing landfills.
Statute/Regulation
N/A
Information No permit required.
Required/Suggestions
Application Process
N/A
Review Process
N/A
Review/Approval N/A
Period
Fees
N/A
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential 15
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0-
Overview of Local Standards and Permits
Within the framework of federal and state regulation, local governments will have some jurisdiction over
LFGTE development in nearly all cases. Typically, local permits address issues that affect the surrounding
community. These permits generally fall under the categories of construction, environment and health,
land use, and water quality/use. Local governments are also responsible for administering some permits
for federal and state regulations in addition to their own. For example, many local governments are
responsible for ensuring compliance with federal air quality regulations. It should be noted, however, that
some local standards and regulations are more strict than state or federal regulations.
Steps to Successful Local Permit Approval:
The following six steps will assist LFGTE project developers to achieve successful local permit approval:
Step 1 Determine which local authorities have jurisdiction over the project site.
Step 2 Contact local, city, and/or county planning and public works departments to obtain infor-
mation about applicable permits and to discuss your plans. Meeting with agency staff to
discuss the landfill gas project and required permits often helps expedite the permitting
process.
Step 3 Obtain essential information regarding each permit, including:
what information is required
the permitting process that should be followed
time frames (including submittal, hearing, and decision dates)
Step 4 Obtain copies of the regulations to compare and verify what is required in the permit
applications. If they differ, contact the appropriate permitting agency.
Step 5 Submit a complete application. Incomplete applications typically result in processing
delays.
Step 6 Attend meetings or hearings where the application will be discussed to respond to any
questions that are raised. Failure to do so could result in delays.
Typical Local Permits
The table on the following page provides typical local permits and approvals required for LFGTE projects.
16 Landfill Gas Projects in Ohio
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Table 3.1
Local Permits and Standards
Permit
Description
Building Permit
Most county/local governments require building permits for construction, which entail
compliance with several types of building codes, such as plumbing and electrical.
Atypical building permit application may require detailed final plans for structures,
including electrical and plumbing plans, floor layout, sewage facilities, storm water
drainage plan, size and shape of lot and buildings, setback of buildings from
property lines and drain field, access, size and shape of foundation walls, air
vents, window access, and heating or cooling plants (if included in the design).
Zoning/Land Use
Most communities have a zoning and land use plan that identifies where different
types of development are allowed (i.e., residential, commercial, and industrial). The
local zoning board determines whether a particular project meets local land use
criteria, and can grant variances if conditions warrant. A landfill gas project may
require an industrial zoning classification.
Storm Water
Management
Some local public works departments require a permit for discharges during
construction and operation of a LFGTE project. Good facility design that maintains
the pre-development runoff characteristics of the site will typically enable the project
to meet permitting requirements easily.
Solid Waste Disposal
A LFGTE project may generate solid wastes, such as packaging material, cleaning
solvents, and equipment fluids. If the landfill is closed, disposal of these solid wastes
may be subject to review by a local authority.
Wastewater
The primary types of wastewater likely to be generated by a LFGTE project include
maintenance wastewater and cooling tower blowdown. The city engineer's office
should be contacted to provide information about available wastewater handling
capacity, and any unique condensate treatment requirements or permits for landfills.
Fire Hazards
and Precautions
The mix of gases in landfill gas has a moderate to high explosion potential; methane
is explosive in concentrations of 5 to 15 percent in air. Because methane has the
potential to migrate from the landfill to onsite or offsite structures, it poses a
significant public safety hazard. EPA requires that methane concentrations be
less than 5 percent at a landfill property line, and less than 1.5 percent in a facility's
structures. County regulations may call for as strict or stricter standards to be
observed at the landfill.
Noise
Most local zoning ordinances stipulate the maximum allowable decibel levels from
noise sources. These levels vary depending on the location of the site. For example,
LFG energy recovery projects located near residential areas will likely have to comply
with stricter noise level standards than projects located in non-populated areas.
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential
17
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Part 2: Incentive Programs
Q Overview of Federal Incentive Programs
There are three federal incentive programs that may apply to LFGTE projects: the Section 29 Tax Credit,
the Renewable Energy Production Incentive (REPI), and the Qualifying Facilities (QF) Certification. Each
program is described below.
1.1 Section 29 Tax Credit
Developers of LFGTE projects who sell LFG to an unrelated third party may qualify for a tax credit under
Section 29 of the Internal Revenue Service (IRS) tax code. In order to take advantage of the credits,
project developers may bring in an outside party when developing power projects. The Section 29 tax
credit was established in 1979 to encourage development of unconventional gas resources, such as land-
fill gas. Section 29 tax credits are available through 2007 to LFG projects that have a gas sales agreement
in place by December 31, 1996 and are placed in service by June 30, 1998. The credit has been extend-
ed several times by the U.S. Congress, but there is no guarantee that these extensions will continue. The
credit is worth $3.00 per barrel of oil-equivalent (on a MMBtu basis) and is adjusted annually for inflation;
currently, it is worth $0.979 per MMBtu about 1.2 0/kWh for a typical landfill gas electricity project.
1.2 Renewable Energy Production Incentive (REPI)
The Renewable Energy Production Incentive (REPI), mandated under the Energy Policy Act of 1992, may
provide a cash subsidy of up to $0.015 per kWh to owners and operators of qualified renewable energy
sources, such as landfills, that began operation between October 1993 and September 2003.4 The
Department of Energy (DOE) will make incentive payments for 10 fiscal years, beginning with the fiscal
year in which application for payment for electricity generated by the facility is first made and the facility
is determined by DOE to be eligible for receipt of an incentive payment. The period for payment under
this program ends in fiscal year 2013.
For further information, contact:
U.S. Department of Energy
National Renewable Energy Laboratory
Golden Field Office
Golden, Colorado 80403
(303) 275-4706
U.S. Department of Energy
Efficiency and Renewable Energy
Forrestal Building, Mail Station EE-10
1000 Independence Avenue, S.W.
Washington, DC 20585
Phone: (202) 586-4564
Final Rule Making, 10 Federal Register Part 451, July 19, 1995, Vol. 60, No. 138.
18 Landfill Gas Projects in Ohio
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1.3 Qualifying Facilities Certification
LFGTE projects that generate electricity will benefit from Qualifying Facilities (QF) certification, which is
granted through the Federal Energy Regulatory Commission (FERC). The following describes the
benefits of QF status and the steps for applying for such status.
The Public Utility Regulatory Policies Act (PURPA) one of five parts of the National Energy Act of 1978
was designed to promote conservation of energy and energy security by removing barriers to the
development of cogeneration facilities and facilities that employ waste or renewable fuels. Such facilities
are called Qualifying Facilities, or QFs. Under PURPA, utilities are required to purchase electricity from
QFs at each utility's avoided cost of generating power. PURPA provides that a small power production
facility, such as a LFGTE project that meets FERC standards, can become a QF.
In order to apply for QF status, applicants must prepare either (1) a Notice of Self-Certification, which
asserts compliance with the FERC's technical and ownership criteria, or (2) an Application for
Commission Certification of Qualifying Status, which requires a draft Federal Register notice and which
provides actual FERC approval of QF status. In either case, the applicant must also file Form 565, which
is a list of questions about the project, and must pay any filing fees associated with certifications, exemp-
tions, and other activities. FERC will provide the QF "Info Packet" that describes the necessary steps,
requirements, and background information. After submittal of the initial application, further justifications
and submittal of information may be required.
For the QF Info Packet and applications, contact:
Federal Energy Regulatory Commission
Qualifying Facilities Division
825 North Capitol Street, N.E.
Washington, DC 20426
Phone: (202) 208-0571
State Incentive Programs
The Ohio Air Quality Development Authority (OAQDA) provides tax-exempt or taxable financing for
qualified landfill methane gas projects. Various financing structures are available: direct purchase, turnkey,
performance-based contracts, leasing, etc. For private sector entities, tax incentives include exemptions
from real and personal property taxes, as well as sales and use taxes.
The OAQDA is a conduit financing agency; its bonds are based on project analysis and revenue streams.
They do not represent the faith and credit of the State of Ohio. Projects financed range from $14,000 to
$350 million.
For further information, contact:
Mark R. Shanahan
Executive Director
Ohio Air Quality Development Authority
50 W. Broad Street, #1901
Columbus, OH 43215
614-224-3383
614-752-9188 (fax)
mark.shanahan@AQDA.state.oh.us
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential 19
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In addition, Ohio is one of seven states participating in the Great Lakes Regional Biomass Energy
Program. The Regional Program is administered by the Council of Great Lakes Governors and receives
funding from the U.S. Department of Energy. Both the regional program and the state program provide
periodic funding assistance to support the development and use of biomass resources.
For further information, contact:
Anne Goodge, Program Director
Ohio Biomass Energy Program
Public Utilities Commission of Ohio
180 East Broad Street
Columbus, OH 43215-3793
614-644-7857
anne.goodge@puc.state.oh.us
20 Landfill Gas Projects in Ohio
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Appendix A: State Contacts
ONoEFft
Table A-1
District Offices
Central District Office (CDO)
3232 Alum Creek Drive
Columbus, Ohio 43207-3417
614-728-3778
1-800-686-2330
Northeast District Office (NEDO)
2110 East Aurora Road
Twinsburg, Ohio 44087
330-963-1200
1-800-686-6330
Northwest District Office (NWDO)
347 North Dunbridge Road
Bowling Green, Ohio 43402
419-352-8461
1-800-686-6930
Southeast District Office (SEDO)
2195 Front Street
Logan, Ohio 43138
740-385-8501
1-800-686-7330
Southwest District Office (SWDO)
401 East Fifth Street
Dayton, Ohio 45402-2911
937-285-6357
1-800-686-8930
Table A-2
Ohio EPA Offices and Local Air Pollution Control Agencies
Agency Number/Agency Name
01 Ohio EPA, CDO
Air Pollution Group
3232 Alum Creek Drive
Collumbus, Ohio 43207
614-728-3778
02 Ohio EPA, NEDO
Air Pollution Group
2110 East Aurora Road
Twinsburg, Ohio 44087
216-425-9171
03 Ohio EPA NWDO
Air Pollution Group
347 North Dunbridge Road
P.O. Box 466
Bowling Green, Ohio 43402
937-285-6357
04 Toledo Environmental Control
348 South Erie
Toledo, Ohio 43602
419-936-3015
05 Ohio EPA, SWDO
Air Pollution Group
401 East Fifth Street
Portsmouth, Ohio 45662
740-353-5156
06 Ohio EPA, SEDO
Air Pollution Group
2195 Front Street
Logan, Ohio 43138
614-385-8501
07 Air Pollution Group
Portsmouth City Health Dept.
740 Second Street
Portsmouth, Ohio 45662
740-353-5156
08 RAPCA
451 West Third Street
P.O. Box 972
Dayton, Ohio 45422
937-225-4435
13 Bureau Engineering Services
Div. of Air Pollution Control
1925 St. Glair
Cleveland, Ohio 44114
216-664-2324
14 Hamilton County Dept. of
Environmental Services
250 William Howard Taft Road
Cincinnati, Ohio 45219
513-946-7777
15 Div. Of Air Pollution Control
Canton City Health Dept.
420 Market Avenue, N.
Canton, Ohio 44702-1544
330-489-3385
330-489-3231
16 Akron Air Pollution Control
146 South High Street
Room 904
Akron, Ohio 44309
330-375-2480
A Primer on Developing Ohio's Landfill Gas-to-Energy Potential
21
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Table A-3
The following list indicates which local agency or district office of the Ohio EPA (as listed on Table A-2)
should be contacted regarding filing for, modification to, or questions about Air Permits to Install (PTI),
Permits to Operate (PTO) and Variances.
Agency
Number
7
3
3
2
6
3
6
7
14
2
5
Political
Jurisdiction
Adams County (01)
Allen County (02)
Ashland County (03) ...
Astabula County (04)...
Athens Country (05)
Auglaize (08)
Belmont Count (07)
Brown County (08)
Butler County (09)
Carroll County (10)
Champaign County (11'
Clark County (12) 8
Clermont County (13) 14
Clinton County (14) 5
Colunbiana County (15) 2
Coshocton County (16) 6
Crawford County (17) 3
Cuyahoga County (18) 13
Darke County (19) 1
Defiance County (20) 3
Delaware County (21) 1
Erie County (22) 3
Fairfield County (23) 1
Fayette County (24) 1
Franklin County (25) 1
Fulton County (26) 3
Gallia County (27) 6
Geauga County (28) 2
Greene County (29) 8
Guernsey County (30) 6
Hamilton County (31) 14
Hancock County (32) 3
Hardin County (33) 3
Harrison County (34) 6
Henry County (35) 3
Highland County (36) 5
Hocking County (37) 6
Holmes County (38) 2
Huron County (39) 3
Jackson County (40) 6
Jefferson County (41) 6
Knox County (42) 1
Lake County (43) 2
Lawrence County (44) 7
Licking County (45) 1
Logan County (46) 5
Lorain County (47) 2
Lucas County (48) 4
Madison County (49) 1
Mahoning County (50) 2
Marion County (51) 3
Medina County (52) 16
Meigs County (53) 6
Mercer County (54) 3
Miami County (55) 8
Monroe County (56) 6
Montgomery County (57) 8
Morgan County (58) 6
Morrow County (59) 1
Muskingum County (60) 6
Noble County (61)
Ottawa County (62)
Paulding County (63)..
Perry County (64)
Pickaway County (65)
Pike County (66)
Portage County (67)....
...6
...3
...3
...6
...1
...6
.16
Preble County (68) 8
Putnam County (69) 3
Richland County (70) 3
Ross County (71) 6
Sandusky County (72) 3
Scioto County (73) 7
Seneca County (74) 3
Shelby County (75) 5
Stark County (76) 15
Summit County (77) 16
Trumbull County (78) 2
Tuscarawas County (79) 6
Union County (80) 1
Van Wert County (81) 3
Vinton County (82) 6
Warren County (83) 14
Washington County (84) 6
Wayne County (85) 2
Williams County (86) 3
Wood County (87) 3
Wyandot County (88) 3
22
Landfill Gas Projects in Ohio
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