ALERT: NJHAP regulations changes could have significant impacts on MSW landfills
March 2, 2021
On March 1, 2021, the New Jersey Department of Environmental Protection (NJDEP) proposed several amendments to air quality regulations pertaining to the regulation of New Jersey Hazardous Air Pollutants (NJHAPs) as well as fumigation operations. The NJHAP regulations changes could significantly impact MSW landfills because they include proposed changes to hydrogen sulfide regulation as a NJHAP.
Key changes are summarized as follows:
The NJDEP is proposing to regulate hydrogen sulfide as a NJHAP;
Proposing a reporting threshold for H2S of 90 lbs/yr,
Proposing a State of the Art (SOTA) threshold for H2S of 10,000 lbs/yr (5 tons/year).
Several potential implications could result from these proposed changes, including:
Facilities with existing Title V Operating permits would be required to calculate the potential to emit (PTE) emissions of H2S for existing sources. If H2S emissions are above the very low reporting threshold of 90 lbs/yr, the H2S PTE emission rate would need to be added to the Title V Operating permit during the next permit renewal or the next permit modification.
Facilities subject to Emission Statement reporting and emitting H2S in an amount greater than or equal to 90 lbs/yr would have to include H2S emissions in their annual emissions statements.
For sources with potential H2S emissions of 90 lbs/yr or more, risk screening would be needed as part of (1) an initial operating permit for a new major facility or (2) for a minor or significant modification to an existing operating permit.
For sources with potential H2S emissions of 10,000 lbs/yr (5 tons per year) or more, a SOTA analysis would be required with certain permit applications. A SOTA analysis involves evaluating and potentially implementing available control technologies to reduce emissions and considers both technical feasibility and economic impact. The proposed changes could lead to the need to implement additional landfill gas collection, control, and potentially treatment systems at some landfills.