pat sullivan

Federal Judge Rules Against EPA on the Landfill EG Lawsuit

May 10, 2019

Before the Court: EPA admits that it has failed to meet its nondiscretionary obligations to implement the Landfill Emissions Guidelines, as compelled by the CAA. The only questions before the Court were whether the Plaintiffs have standing and, if so, how long to give EPA to comply with its overdue nondiscretionary duties under the Landfill Emissions Guidelines. The Plaintiffs are the States of Illinois, Maryland, New Mexico, Oregon, Rhode Island, California, Vermont, and the Commonwealth of Pennsylvania.

Ruling: Plaintiffs have standing, and the EPA must approve existing submitted plans by September 6 and issue the federal plan by November 6.

Impact on Landfill Owners/Operators: This will create some confusion, as landfills will be working on getting revised rules in place while at the same time start complying with the old EG rule. We are already doing that with XXX sites, but this ruling adds complexity. If EPA keeps to the schedule and we have final approved revised rules by March 2020, landfills won’t have to do as much under the old rules before new ones take effect.

Stay tuned.

Contact your SCS Project Manager for more information, email us at , or follow SCS on your preferred social media.




Posted by Diane Samuels at 6:00 am

“Landfills are living, breathing beasts …

September 12, 2016

…and as waste settles, it can have an effect on equipment,” according to Pat Sullivan of SCS Engineers in this ClimateWire article. As the U.S. EPA focuses on pushing landfill owners into cutting down on methane emissions some worry that a combination of tightening regulations and poor cost analysis might put some smaller landfills out of business.

Read the full article here.

LANDFILL EMISSIONS: Going to the dump? You might make electricity
Kavya Balaraman, E&E reporter

Reprinted from ClimateWire with permission from E&E Publishing, LLC. Copyright 2016. 

Posted by Diane Samuels at 6:00 am

EPA Regulatory Alert: SCS Technical Bulletin – NSPS – EG Final Rule Published – August 2016

August 30, 2016

The EPA published NSPS – EG final rule in the federal register on August 29, 2016. This SCS Technical Bulletin compiles the 856 pages of NSPS and EG documents into 3 pages of the significant information you need to know. The rule takes effect 60 days after August 29, some requirements are linked to the publication date in the register.


Read the NSPS – EG Technical Bulletin




Posted by Diane Samuels at 10:04 am

SCS Technical Bulletin Alert: Summarizing the Oil and Gas NSPS Final Rule and New Requirements

June 24, 2016

SCS Engineers has published two Technical Bulletins summarizing the O&G NSPS final rule and outlining the new LDAR requirements. The two Bulletins explain the modification of how oil and gas sources will be permitted under the Clean Air Act and the new requirements to reduce methane leaks from new oil and gas facilities consistent with the EPA’s New Source Performance Standards.

Reference the U.S. Environmental Protection Agency (EPA) new source performance standards for Crude Oil and Natural Gas Production, Transmission and Distribution (O&G NSPS), which includes amendments to 40 CFR Part 60, Subpart OOOO and a new Subpart OOOOa. Subpart OOOOa will apply to facilities constructed, modified or reconstructed after September 18, 2015.

Click to read or share the Technical Bulletins:

Summary of Final Oil and Gas NSPS Rule

LDAR Requirements in the Final Oil and Gas NSPS Rule


For copy of the rule and related documents:


For more information contact:

Pat Sullivan, REPA, CPP, BCES

(916) 361-1297

Lucas Marsalek

(805) 346-6591

(800) 767-4727



Posted by Diane Samuels at 10:13 am

EPA Information Summaries: Limitations on Methane Emissions From Oil and Gas Wells

May 13, 2016

An SCS Engineers Technical Bulletin will be released early in the week.

The U.S. Environmental Protection Agency issued limits on methane emissions from oil and gas wells that are more stringent than those it proposed last year. The final regulations released on Thursday, May 12, 2016, will add hundreds of millions in additional costs per year; at least 25 percent higher than the preliminary version published in August 2015.

EPA Administrator Gina McCarthy told reporters on a conference call that the mandates, applying immediately to new and modified wells, are a “critical first step in tackling methane emissions from existing oil and gas sources.”

Under the rule, companies must upgrade pumps and compressors while expanding the use of “green completion” technology meant to capture the surge of gas that can spring out of newly fracked wells. Such green completion techniques have been required for new and modified natural gas wells since 2015, but Thursday’s rule would broaden the requirement to oil wells too.

Take me to the EPA summaries. Click on the information sheets listed below:

Posted by Diane Samuels at 6:13 pm

Clean Power Plan – Update

February 24, 2016

Thirty-four senators and 171 representatives argue in a brief filed February 23, that the EPA overstepped its boundaries in creating the carbon-cutting Clean Power Plan. In short, the brief states that they feel that Congress never gave the EPA a clear statutory directive or authority to transform the nation’s electricity sector. The brief points out that the EPA seeks to make “decisions of vast economic and political significance” under a “long-extant statute,” and in doing so must point to a “clear statement from Congress.”

Yesterday’s brief comes just two weeks after the U.S. Supreme Court ruled the EPA cannot begin enforcing the rule until legal challenges filed by 25 states and four state agencies are resolved.

The D.C. Circuit Court of Appeals will hear oral arguments on the merits of the states’ case on June 2.

With the brief it is clear that the Clean Power Plan is not only facing legal challenges but also political ones. It may be left for the next Administration to pick up this pieces and decide the fate of the Plan.

Posted by Diane Samuels at 11:19 pm

The NWRA and SWANA React to EPA Region 2 Common Control Issue

January 29, 2016

The National Waste & Recycling Association (NWRA) and the Solid Waste Association of North America (SWANA) returned comments and recommendations on the Environmental Protection Agency’s (EPA) draft Part 71 Operating Permit for Ocean County Landfill and MRPC Holdings LFGTE Operations, Permit Number: P71-0CMH-001 (Draft Permit) to EPA  Region 2 Permitting Section, Air Programs Branch. The letter was sent on January 28, 2016, to Mr. Steven C. Riva of the EPA.

NWRA and SWANA expressed concerned that the EPA’s issuance of the Draft Permit, and the circumstances under which it has been prepared, represent a significant departure from practical permitting policies and will constitute a disincentive to expand existing and develop future landfill gas-to-energy (LFGTE) projects around the country.

The jointly submitted comments from both not-for-profit Associations on the Draft Permit were intended to convey their members’ strong interest in these projects, which represent an economic investment in alternative renewable energy sources and the reduction in greenhouse gas (GHG) emissions. Both Groups have expressed concern that the EPA’s actions should not undermine those investments and the benefits derived from these LFGTE projects.

The main points of the letter cover the Associations’ disagreement with the EPA’s approach to common control. NWRA and SWANA support the position that the OCL and MRPC are two separate sources that are not under common control, and they oppose the position proposed by EPA Region 2 in the Draft Permit. Both Groups are urging EPA to re-evaluate this decision and utilize an environmentally beneficial approach when making common control determinations for landfills and third-party LFGTE plants both now and in the future. Other portions of the letter address the uncertainty that EPA’s position would create for affected facilities and how it could re-open already settled compliance expectations.

Members of NWRA and SWANA have access to the letter and may continue directing comments and questions through either Association.

Questions directed to SCS Engineers should be addressed to Pat Sullivan, Senior Vice President and the SCS National Expert on the Clean Air Act.

Learn more about SCS Clean Air Act Services, or Greenhouse Gas Services, or
Landfill Gas to Energy Services

Posted by Diane Samuels at 5:18 pm

Evaluating Impacts from LFG in a Litigation Setting

January 7, 2016

SWANA Webinar, Evaluating Impacts from LFG in a Litigation Setting, by Pat Sullivan, SCS Engineers posted with our articles and papers for viewing or download. Click here.

Learn more about Pat Sullivan, REPA, CPP, BCES.

Posted by Diane Samuels at 4:30 am

Your local and state government agencies will use two new EPA landfill gas rules to develop and implement the actual rules by which you do business.

January 4, 2016

Two EPA landfill gas rules were published in the Federal Register in August 2015. The proposed EG Guideline rule affects “new” and “existing” landfill sites. Remember, these are guidelines only. Your local and state government agencies will use them to develop and implement the actual rules by which you do business.

Learn more in one place by reading the recent article in Waste Advantage Magazine, the SCS Engineers Technical Bulletin, and a slide set from a recent webinar about what you can expect for your business. All authored by Pat Sullivan, Senior Vice President at SCS and our National Expert on the Landfill Clean Air Act; NSPS.

Take me to this information.


Posted by Diane Samuels at 1:18 pm

Technical Bulletins Posted: Summaries of Clean Power Plan and the Proposed Oil and Gas – NSPS

November 10, 2015

Technical bulletins provide salient information in a condensed format. These summaries are useful to understand and start to plan for potential impacts to your business. Both bulletins posted today include deadlines and additional resources with contact information to help answer your questions. The two bulletins posted today are as follows:

  • Summary of the Clean Power Plan includes the final standards for new and existing Electric Utility Generating Units (EGUs). The Technical Bulletin reviews the U.S. EPA determination that  the best system of emission reduction (BSER) consists of three building blocks; how the EPA determines the degree of emission limitation achievable through the application of the BSER for each type of unit; and how quickly and to what extent the measures encompassed by the building blocks could be used to reduce emissions. States will be required to submit a final plan, or an initial submittal with an extension request, by September 6, 2016. The types of plans and cost-effective strategies suggested for states to tailor their plans to meet their respective energy, environmental, and economic needs and goals, and those of their local communities is in the final sections.
  • Summary of Proposed Oil and Gas NSPS U.S. EPA promulgated an amended Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution (NSPS). Specifically, EPA proposed amendments to 40 Code of Federal Regulations (CFR) Part 60, Subpart OOOO and proposed an entirely new Subpart OOOOa. EPA also promulgated a draft control technique guidelines (CTGs) document for the oil and natural gas industry. The CTG is intended to provide state, local and tribal air agencies with information to assist them in determining reasonably available control technology (RACT) for reducing volatile organic compounds (VOC) emissions from select oil and natural gas industry emission sources in ozone nonattainment areas. Comments on the proposal are due November 17, 2015, and the final rules are slated to be promulgated in June 2016. Rule details are provided in the Technical Bulletin and table within the Technical Bulletin.

Clicking the title of each Technical Bulletin will take you to the full text. Each Bulletin may be shared, emailed, or printed.


About Pat Sullivan:

Pat Sullivan, Sr. VP, SCS Engineers
Pat Sullivan, Sr. VP, SCS Engineers

Pat Sullivan, BCES, CPP, REPA, is a Senior Vice President of SCS Engineers and our National Expert on the Landfill Clean Air Act and the New Source Performance Standard (NSPS). Mr. Sullivan has over 25 years of environmental engineering experience, specializing in solid and hazardous waste-related issues.

Click on Pat’s name to see his full qualifications and experience.


Posted by Diane Samuels at 6:31 pm