A&WMA – The Uncertainty EPA has Created with New NSPS XXX and Cf Rules

June 2, 2020

On-Demand Webinar at A&WMA Virtual Conference

The U.S. Environmental Protection Agency (EPA) has created confusion with its most recent versions of the MSW landfill New Source Performance Standards (NSPS) and Emission Guidelines (EG) [40 Code of Federal Regulations (CFR) Part 60, Subparts XXX and Cf], which were promulgated in August 2016. The NSPS XXX and EG Cf rules do not give clear on and off-ramps from the old NSPS Subpart WWW and EG Subpart Cc rules and have various inconsistent and overlapping requirements. EPA made matters worse by not updating the MSW landfill National Emission Standards for Hazardous Air Pollutants (NESHAPs), 40 CFR Part 63 Subpart AAAA rule at the same time. This created a situation where both the old and new rules could apply simultaneously, even though the new rules were supposed to replace the old rules (with conflicting requirements).

This and other issues forced the industry to petition EPA for relief, and the industry obtained a temporary stay and then a commitment to reconsider the rules. Concurrently, EPA informally agreed not to push forward with approving state plans for the EG under Cf, which gave the industry hope that EPA could fix the rules before most landfills became subject to the new rules via approved state plans. However, some states sued EPA over this delay, and EPA lost. As such, EPA was forced by the courts to begin approving the state plans as well as issue a federal plan for the EG (Subpart OOO), for which a draft rule was published in August 2019 and a final rule is pending.

Also, before they planned to reconsider Subparts XXX/Cf, EPA decided to update the NESHAP rule, including a risk and technology review (RTR). While doing this, EPA also tried to resolve some of the Subpart XXX/Cf issues using the NESHAPs rule as well as add some new requirements not included in the NSPS XXX and EG Cf rules. However, the draft NESHAPs rule demonstrated that EPA had only created more confusion and uncertainty.
The solid waste industry commented on the Subpart AAAA rule and is waiting for EPA to issue it. EPA says the reconsideration of XXX/Cf will not be considered until 2021 or 2022.

Currently, landfill owners and operators remain in a state of limbo. Some sites are complying with Subpart XXX and dealing with the duplicate requirements from Subpart WWW and other issues. Several states have approved Cf EG rules, so landfills in those states must begin to comply with those state rules. Several other states have proposed state plan approvals and could see approved EG rules issued soon. When EPA issues the federal plan for the EG, all of the remaining landfills in states without approved state plans will have to start to comply. This will put all NSPS/EG-applicable landfills into the same boat with the existing Subpart XXX sites with all of the problems that will bring.

The Air & Waste Management Association with SCS Engineers presents on-demand sessions include an update on the status of each of the regulations identified here, a description of the remaining areas of uncertainty and confusion, and a summary of the strategy for compliance in use by landfills during this period of limbo.

Find more event information here.

 

 

Posted by Diane Samuels at 6:00 am
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