The EPA’s published clarifications, technical revisions, and new rule versions for the National Emission Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) for MSW landfills may feel like alphabet soup right now.
SCS Engineers’ upcoming webinar and open Q/A forum on July 15, 2021, at 1:30 Eastern Time is free and could help keep you informed and on track for compliance by September 27, 2021.
Our panelists will advise on the essential key information, deadlines, and changes to field operations to address during the transition from the old to the new NESHAP and NSPS rules.
• Surface emissions monitoring;
• Wellhead monitoring and corrective action requirements;
• Delegation of authority to the state, local, or tribal agencies for emission standards;
• Applicability of the General Provisions under 40 CFR 63, Subpart A to affected landfills;
• Monitoring data for control devices during startup, shutdown, and malfunctions (SSM);
• Gas collection and control system installation;
• Compliance timing and reporting;
• Open question and answer throughout the webinar.
The EPA’s published clarifications, technical revisions, and new rule versions for the National Emission Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) for MSW landfills may feel like alphabet soup right now.
SCS Engineers’ upcoming webinar and open Q/A forum on July 15, 2021, at 1:30 Eastern is free and could help keep you informed and on track for compliance by September 27, 2021.
Our panelists will advise on the essential key information, deadlines, and changes to field operations to address during the transition from the old to the new NESHAP and NSPS rules.
• Surface emissions monitoring;
• Wellhead monitoring and corrective action requirements;
• Delegation of authority to the state, local, or tribal agencies for emission standards;
• Applicability of the General Provisions under 40 CFR 63, Subpart A to affected landfills;
• Monitoring data for control devices during startup, shutdown, and malfunctions (SSM);
• Gas collection and control system installation;
• Compliance timing and reporting;
• Open question and answer throughout the webinar.
All landfills regulated under the NESHAP air program must comply with updated federal regulations by September 2021, including new requirements for landfill gas beneficial use treatment systems and gas system design plans. Additionally, the EPA is finalizing a federal plan implementing new NSPS air rules for landfills modified or constructed before July 2014, and not yet covered under an approved state plan.
At the state level, as part of a continued focus on greenhouse gas (GHG) reduction, Maryland MDE is expected to publish new regulations this year addressing landfill methane control.
Jacob Shepherd, P.E., will cover what landfills need to do to comply with the updated federal regulations and will discuss anticipated new requirements under the MDE regulatory initiative as an example of the direction states are moving.
This discussion takes place at REVISION 2021, an online conference.
For additional information, see our recent blog: Regulatory Alert: MSW Landfills Federal Plan to Implement the Emission Guidelines (EG) and Compliance Times.
(40 CFR Part 60, Subpart OOO)
On May 21, 2021, EPA published the final MSW Landfills Federal Plan, which implements the 2016 Emission Guidelines (EG Subpart Cf) under 40 CFR Part 62 Subpart OOO. The Federal Plan becomes effective June 21, 2021, and impacts landfills that have not triggered NSPS Subpart XXX requirements and landfills located in states and Indian country without EPA-approved EG Cf rules.
Affected are MSW landfills that commenced construction on or before July 17, 2014, and have not been modified or reconstructed since July 17, 2014.
The Federal Plan requires existing landfills that reach an annual emissions threshold of 34 metric tons of nonmethane organic compounds (NMOC) or more to install a system to collect and control landfill gas (GCCS). It also implements various emission limits, compliance schedules, testing, monitoring, reporting and recordkeeping requirements for GCCSs established in the 2016 Emission Guidelines for MSW Landfills.
The Federal Plan also establishes a definition for “legacy controlled landfills.” These are landfills that have previously satisfied the requirement to submit an initial design capacity report, initial (or annual) NMOC emission rate reports, and collection and control system design plan under 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state/tribal plan implementing 40 CFR part 60, subpart Cc.
If you are subject to the Federal Plan and are not a “legacy controlled landfill,” you must submit a design capacity report by September 20, 2021. And if the design capacity report indicates a capacity equal to or greater than 2.5 million Mg and 2.5 million m3 of solid waste, you must also submit an initial NMOC emission rate report within 90 days after the effective date of the Federal Plan (September 20, 2021).
SCS is working to develop a Technical Bulletin for distribution to our mailing list and on social media. The Bulletin will consolidate the Final Rule into several pages highlighting significant dates and key impacts for you.
EPA is hosting a free workshop in January on landfill monitoring and emissions. The workshops are scheduled twice, over half-day sessions. These sessions will include presentations highlighting the latest technological developments for monitoring and measuring landfill gas emissions.
Dates and Times: Register once for both sessions.
If you have any questions, please contact Shannon Banner at or John Evans at .
This paper, presented at A&WMA’s 111th Annual Conference details the Tier 4 process and the potential issues that have arisen from conducting a Tier 4. This paper also assesses potential Tier 4 sites, exceedance reporting, wind monitoring, additional SEM equipment requirements, penetration monitoring, notification and reporting requirements, and impacts on solid waste landfills that will use the Tier 4 SEM procedure for delaying GCCS requirements. This paper reviews the changes between the draft NSPS and the final version of the new NSPS that was promulgated.
Click to read or share the paper, and learn about the authors.
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201704&RIN=2060-AT64
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201704&RIN=2060-AT60
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201704&RIN=2050-AG86
EPA is proposing a GHG SER of 75,000 tons per year (tpy) Carbon Dioxide equivalent (CO2e) and requesting comment on it as well as two lower levels, specifically 30,000 tpy and 45,000 tpy CO2e, respectively.
The Associations do not believe there is sufficient information to support lowering the GHG SER below the proposed 75,000 tpy CO2e level and provided a table utilizing equivalent criteria pollutants from combustion sources (i.e., NOx, CO) yields CO2 emissions as high as 780,000 tpy CO2.
EPA already concluded in USEPA, Proposed PSD Revisions Rule, 81 FR 68137 that the burdens of regulation at a GHG SER level between 30,000 and 75,000 tpy CO2e would yield a gain of trivial or no value from both a programmatic and individual project-level perspective. Therefore, NWRA and SWANA strongly recommend EPA retain proposed GHG SER of 75,000 CO2e (or higher), and resist pressure to lower the GHG SER.
On the Topic of Biogenic GHG Emissions, the EPA’s final rule requires clarification to remain consistent with previous documentation and research to prevent significant permitting delays and increased costs that will not result in meaningful emission reductions.
The Associations encourage the EPA to ensure that waste-derived biogenic CO2 (e.g., from municipal solid waste (MSW) landfills) is treated as carbon neutral under the final PSD Permitting Revisions Rule to be consistent with prior Agency determinations specified in this memorandum and documents as follows:S. EPA, Memorandum Addressing Biogenic Carbon Dioxide Emissions from Stationary Sources, McCabe, Janet, November 19, 2014.
S. EPA, Memorandum Addressing Biogenic Carbon Dioxide Emissions from Stationary Sources, McCabe, Janet, November 19, 2014. The documents highlight waste-derived, biogenic CO2 as a type of “carbon neutral” feedstock based on the conclusions supported by a variety of technical studies and conclusions of the Agency’s latest draft Framework for Assessing Biogenic Carbon Dioxide for Stationary Sources, which was released with the memo. The Agency memo stated that “the Agency expects to recognize the biogenic CO2 emissions and climate policy benefits of such feedstocks in [the] implementation of the CPP.”
US EPA, Emission Guidelines for EGUs, 80 FR 64855. Both the revised Framework, and the EPA’s Scientific Advisory Board (SAB) peer review of the 2011 Draft Framework, found “that the use of biomass feedstocks derived from the decomposition of biogenic waste in landfills, compost facilities, or anaerobic digesters did not constitute a net contribution of biogenic CO2 emissions to the atmosphere.”
S. EPA, Appendix N. of Revised Framework for Assessing biogenic Carbon Dioxide for Stationary Sources, November 2014, pg. N-25. In Appendix N. of the Framework, entitled Emissions from Waste-Derived Biogenic Feedstocks, EPA calculated negative Biogenic Accounting Factors (BAF) for various examples of treatment of landfill gas via collection and combustion. EPA explains, “Negative BAF values indicate that combustion of collected landfill gas feedstock by a stationary source results in a net CO2e emissions reduction relative to releasing collected gas without treatment.”
US EPA, Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Generating Units; Final Rule [Emission Guidelines for EGUs], 80 FR 64885. “[T]he use of some biomass-derived fuels can play a role in controlling increases of [in] CO2 levels in the atmosph The use of some kinds of biomass has the potential to offer a wide range of environmental benefits, including carbon benefits.”
US EPA, Emission Guidelines for EGUs, 80 FR 94855. Types of waste-derived biogenic feedstocks may include: landfill gas generated through decomposition of MSW [municipal solid waste] in a landfill; biogas generated from the decomposition of livestock waste, biogenic MSW, and/or other food waste in an anaerobic digester; biogas generated through the treatment of waste water, due to the anaerobic decomposition of biological materials; livestock waste; and the biogenic fraction of MSW at waste-to-energy facilities.
NWRA and SWANA believe the final PSD Revisions document should follow the approach to waste-derived feedstocks enshrined in the Final Clean Power Plan, and as recommended by the SAB, and ensure that waste-derived biogenic CO2 is treated as carbon neutral. Based on EPA’s own lifecycle assessments for the Renewable Fuels Standard program, its U.S. GHG Inventory, and confirmed by the SAB, EPA has sufficient analysis to support exclusion of selected categories of biogenic emissions from PSD permitting, including those from managing landfill gas and organic components of MSW.
The EPA does not seem to consider the regulatory treatment of biogenic CO2 from stationary sources to be a key issue in the context of the PSD revisions rule, based on a comment found in a Summary of Interagency Working Comments on Draft Language. Instead, the EPA continues to believe this rulemaking to establish a GHG SER under the PSD program is not the appropriate venue to address the broader concern of the regulatory treatment of biogenic CO2 from stationary sources.
The Associations strongly disagree and are concerned that because EPA remains silent on this important issue, some permitting authorities might improperly require landfills to incorporate biogenic CO2 emissions in the PSD permitting process. Historically, few landfills triggered PSD because non-methane organics emissions rarely reached the threshold. However, if biogenic CO2 emissions become subject to PSD, many landfill projects, which are “anyway sources” due to renewable energy projects, would also be forced to do BACT analysis for GHG. Biogenic CO2 is emitted from:
From the perspective of developing new renewable transportation fuel or energy projects, subjecting biogenic emissions from landfills to PSD could be an enormous barrier. The Associations would like the EPA to clarify in its final rule that the emissions of biogenic CO2 from treating or controlling landfill gas does not increase the CO2 levels in the atmosphere, but instead, has positive emission reduction and climate benefits. Failing to clarify this important point could subject landfills to significant permitting delays and increased costs that will result in no meaningful emission reductions.
Questions? Contact SWANA, NWRA, Patrick Sullivan, or your local SCS office.
SCS Engineers along with Waste Management, Republic Services, Advanced Disposal, National Waste & Recycling Association, Solid Waste Association of North America, The Sanitation Districts of the County of Los Angeles, and other consultants have submitted additional comments to the U.S. Environmental Protection Agency (USEPA), Fuels & Incineration Group, Sector Policies and Programs Division regarding the Supplemental Proposal for the New Standards of Performance (NSPS) for Municipal Solid Waste (MSW) Landfills and the Proposed Emission Guidelines (EG).
The USEPA solicits comments from industry, state officials and other organizations to clarify key points in proposed policy prior to enacting the policy. Although the Agency is not required to consider additional comments after the closing period for such comments, these solid waste industry participants wanted to provide additional findings supporting portions of the policies and guidelines and asking for clarification in areas where there appears to be inconsistency with other federal rules or a lack of data.
The eighteen-page letter was submitted on January 22, 2016, to Ms. Hillary Ward. Since last Friday inclement weather has forced a closing of Federal Agencies in the Washington, D.C. region.
Click for SCS Engineers compliance information.
Click to contact Pat Sullivan, SCS National Expert on EPA Landfill Clean Air Act; NSPS/EG
