On June 12, 2023, the Maryland Department of the Environment (MDE) published its final regulation addressing the control of landfill gas (LFG) methane emissions from municipal solid waste (MSW) landfills in the state (promulgated under COMAR 26.11.42). Methane is a potent greenhouse gas (GHG) with a global warming potential more than 25 times greater than carbon dioxide. The rule has been several years in the making and is modeled after similar rules in California and Oregon. The rule also incorporates provisions from the EPA’s federal landfill air regulations under NSPS & EG 40 CFR 60 Subparts Cf and XXX and NESHAP CFR 63 Subpart AAAA and stands among the most stringent in the US.
The new regulation will be submitted to the EPA for approval as part of Maryland’s state plan for MSW landfills (state plan). The state plan will be equivalent to or more stringent than the EPA’s NSPS & EG 40 CFR 60 Subparts Cf and XXX and NESHAP CFR 63 Subpart AAAA and will apply to smaller and mid-sized landfills not currently subject to the EPA’s federal rules. MDE estimates that 32 active and closed MSW landfills in the state will be subject to the rule. The rule is effective June 12, 2023.
Some key provisions of the rule include:
This rulemaking has been several years in development and is consistent with Maryland’s GHG Reduction Act of 2009 and the recent Climate Solutions Now Act of 2022 that requires Maryland to become “net zero” for GHG emissions by 2045, with an interim goal of achieving 60% GHG reductions by 2031 (over 2006 levels). MDE estimates this rule will achieve a 25-50% reduction in GHG emissions from affected landfills.
Additional information on MSW regulations and GHG emission reductions:
Dr. Hostetler will present “A Computational Modeling Approach to Critical Pressure Calculations for Class VI Area of Review Delineation” [Thursday, September 14, 10:30 – Noon, Session Class VI UIC] at the Groundwater Protection Council 2023 Annual Forum in Tampa.
Presentation Category: Carbon Capture and Underground Storage
Subsurface pressure increases as supercritical carbon dioxide is injected into a deep saline reservoir beneath a confining zone. If the pressure buildup is great enough, brine could be lifted upward from the injection zone through an inadequately plugged or abandoned well that penetrates the confining zone. This could result in the endangerment of an underground source of drinking water (USDW). A Class VI Injection Permit requires a delineation of the Area of Review (AoR). The AoR is the superposition of the area of the buoyant supercritical plume itself, together with the area over which the pressure front is large enough to potentially endanger a USDW through some conduit. The USEPA Class VI Guidance offers several approaches to calculating critical pressure. Some of these methods are based on concepts of changes in potential energy in artificial penetration and are very easy to implement. Unfortunately, they are simplified models and are also very conservative. The USEPA Guidance also allows for the computation of the critical pressure by computational modeling. We present a computational modeling approach that is more mechanistic, explicitly addresses uncertainty, can be updated as additional testing and monitoring data become available, and provides a more authentic representation of the critical pressure and hence, the AoR.
Dr. Hostetler has nearly four decades of experience as a geochemist and hydrogeologist. His expertise focuses on subsurface multiphase flow modeling, groundwater flow and transport modeling, and reactive solute transport modeling. Dr. Hostetler is an SCS Engineer’s Deep Well Initiative and Class VI Permit Team member. Charles Hostetler has a BS in Geosciences and a Ph.D. in Planetary Sciences from the University of Arizona.
Find out more:
The Environmental Protection Agency (EPA) is proposing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances. The proposed rule published in the Federal Register designates two per- and polyfluoroalkyl substances (collectively, PFAS) constituents as CERCLA Hazardous Substances. While this is a small subset of PFAS constituents, PFOA and PFOS are reportedly the most commonly used and likely to be detectable. Additional PFAS compounds are certainly on the horizon for consideration by EPA and, in fact, an Advance Notice of Proposed Rulemaking was issued by EPA in April of 2023 to seek input for seven additional compounds for hazardous substance designation.
What Could This Mean For Property Transactions and Real Estate Development?
When the CERCLA hazardous substance rule becomes final (anticipated in 2023 or 2024), it will be mandatory to consider these PFAS constituents when performing Phase I Environmental Site Assessments (ESAs) to identify Recognized Environmental Conditions (RECs) in connection with a property. Because of the ubiquitous use of PFAS, often called “forever chemicals,” in residential, commercial, and industrial products, some Environmental Professionals are concerned that PFAS-related RECs will be commonplace.
In their recent paper, “How Will EPA’S Proposed CERCLA Hazardous Substance Designation of PFOA and PFOS Impact the Environmental Due Diligence Practice?” Jeff Marshall, PE, and Mike Miller, CHMM, discuss the anticipated impacts of the PFAS rule on environmental due diligence. Depending on the former uses, the number of RECs, and ESA results, some sites are more likely to feel the impact on the potential value of a property.
As our PFAS knowledge continues to evolve, so will applying this knowledge to the environmental due diligence practice and, ultimately, real estate conditions. Read the technical paper to understand the terminology and types of properties more likely at risk.
Jeffrey D. Marshall, PE – Vice-President. Mr. Marshall is a Vice President and the practice leader for the Environmental Services Practice for SCS offices in the mid-Atlantic region. He is also the SCS National Expert for Innovative Technologies and Emerging Contaminants. His diversified background is in project engineering and management, with an emphasis on the environmental chemistry and human health aspects of hazardous materials/waste management, site investigations, waste treatment, risk-based remediation and redevelopment, and environmental compliance/permitting issues. He has over 40 years of environmental experience and directs and manages environmental due diligence projects in the mid-Atlantic. He is a chemical engineer, Professional Engineer (VA, MD, WV, NC, and SC) and meets the credentials of an Environmental Professional.
Michael J. Miller, CHMM – Vice President. Mr. Miller is a Vice President and the practice leader for the Environmental Services Practice for SCS offices in the Central region. He also serves as an SCS National Expert for Environmental Due Diligence. He supports firm operations throughout the United States related to Phase I and II Environmental Site Assessments and the completion of large portfolios and complex site assessments. A Certified Hazardous Materials Manager (CHMM) since 2009, Mike has more than 28 years of experience in environmental management and consulting with an extensive background in RCRA-related matters and industrial compliance, planning, and permitting.
Additional Real Estate Resources:
Charm Industrial’s (Charm) $53M deal with Frontier to voluntarily sequester bio-oil underground is an example of early market leadership for alternative subsurface deployment methods in the negative carbon emissions market. SCS was instrumental in developing the pilot programs, initial testing, and regulatory approvals allowing Charm to scale up its processes and deliver on this commitment.
This deal will remove 112,000 tons of carbon dioxide by 2030. Charm’s method involves converting excess organic material, like corn stover, into bio-oil and putting that oil into abandoned oil wells.
Carbon capture has been a focus for Frontier for some time now. Prior to this announcement, they partnered with early-stage startups to remove 9,000 tons of carbon. This landmark deal is a continuation of Frontier’s efforts to spark growth and bring attention to the industry and is one of the largest legally binding agreements to date. SCS is thrilled for Charm and Frontier and this huge step forward. See the recent CNBC news article below for more information on this deal and its carbon offset impact.
Join SCS Engineers professionals at the 23rd Annual Joint Fall Conference hosted by the SWANA Keystone Chapter and the Pennsylvania Waste Industries Association, September 6 & 7, in Harrisburg, PA.
This conference is Pennsylvania’s premier solid waste management event and includes technical sessions, plenty of networking opportunities, and a trade show.
Exhibitor and sponsorhip opportunities are available.
Click for more conference details and registration information.
Please join SCS Engineers professionals Steve Linehan and Wade Miller at Oklahoma State University’s College of Engineering, Architecture & Technology Career Fair on September 19 at the Gallagher-Iba Arena at the OSU Stillwater Campus.
SCS is an employee-owned, award-winning environmental engineering, consulting, and construction firm with offices nationwide. We are seeking a wide variety of dedicated, hard-working professionals with Science, Technology, Engineering, and Mathematics (STEM) backgrounds.
The fair is FREE to students.
SCS Engineers Senior Project Advisor, Dr. Charles Hostetler will be a presenter at the Groundwater Protection Council’s Annual Forum, September 12-14, in Tampa, Florida.
This year, the GWPC is celebrating 40 years of progress and innovation in groundwater conservation and protection! For four decades the GWPC has worked with its member states to ensure the protection and conservation of groundwater resources for all beneficial uses. This special 40th anniversary conference brings together the best and brightest in the field to discuss the latest research, innovations, and advancements in groundwater science, regulation and management.
SCS Engineers welcomes two experienced environmental consulting professionals to our St. Louis regional office.
Susan Robertson, MBA, is Senior Project Manager. Robertson’s comprehensive environmental due diligence and remedial work rejuvenates prime commercial properties back to health while supporting municipal and private industries’ plans for economic redevelopment.
In the environmental industry for nearly 20 years, Susan has worked on a wide range of consulting projects, including environmental due diligence Phase I and Phase II Environmental Site Assessments. She performs Indoor Air Quality and radon assessments, lead-based paint, and asbestos inspections.
Susan is known for her Brownfield-Voluntary Cleanup Program work under the Missouri Department of Natural Resources¹, Illinois EPA Tiered Approach to Corrective Action, and Missouri Risk-Based Corrective Action risk assessments and historic preservation projects under the Missouri Department of Economic Development².
Julia Hunter is an SCS Project Professional. Julia has five years of experience in environmental consulting, primarily performing environmental due diligence for commercial and telecommunications clients nationwide. She has a Master of Science in Environmental Geoscience from St. Louis University.
Hunter uses the highest standards of care in her due diligence and building sciences investigations, analyzing the data to determine if a property is feasible for its proposed use and future requirements to speed the closure process and ensure no surprises.
“The service these two women perform for our clients is strategic and comprehensive,” states Rachel McShane, SCS – St. Louis project director. “The results of their work help determine the true value of a property before purchase, and if there are any environmental or health concerns, how to remediate them.”
Additional Resources:
Dr. Ketan Shah’s paper entitled “Single-use plastic bottle emissions using life cycle assessment for the US States, challenges, impact, and recommendations” is publishing in June, but those attending the Air and Waste Management Association conference in Orlando, Florida, have the chance to hear Dr. Shah discuss his methods used to develop methane emission estimates and recommendations to reduce them.
Plastics in solid waste management (SWM) are an exigent and pressing problem for many cities. Globally landfills/open dumpsites are used to dispose of over 80% solid wastes, currently serving around 3.5-4 billion people. This number is expected to grow with increased urbanization and population growth (ISWA, 2015).
Methane generation, recovery, and emissions projections for single-use plastic bottles play a vital role in the recycling industry. The scope of work described in this research project includes providing the basis for the methane estimates that discuss the data, assumptions, and calculation methods used to develop the estimates.
Methane emissions estimates to help assess the potential of single-use plastic bottles will have on greenhouse gas (GHG) emissions. As some U.S. states move towards requiring extended producer responsibility (EPR) for the packaging industry to address its waste management impacts, the analysis for the project commends firms for taking steps to pro-actively find a waste management solution for single-use plastic bottles, which may be the next target for EPR legislation.
Objective 1 – Develop Estimates of emissions from single-use plastic bottles using OpenLCA software based on Life Cycle assessment analysis.
Objective 2 – Prepare Comparative analysis for alternative recyclability scenarios.
Objective 3 – Recommendations and solutions to the single use plastic bottles challenge.
The case study results are based on the assumptions for the emissions from the single-use plastic bottles supply chain from cradle to grave. Finally, recommendations for these impacts and challenges will be discussed in detail. Diverting single-use plastic bottles going to landfills helps in reducing the overall environmental impact.
A&WMA ACE 2023 (awma.org). The Air & Waste Management Association (A&WMA) brings leading environmental scientists, practitioners, regulators, and leading environmental firms such as SCS Engineers together to share the latest initiatives addressing environmental issues facing communities such as climate change, exposure reduction through innovative technology and regulatory approaches, sustainability, community monitoring, and environmental justice.
Additional Resources:
SCS Engineers is participating in the FAMU-FSU College of Engineering’s Fall STEM Career & Internship Fair on September 19.
SCS is an employee-owned, award-winning environmental engineering, consulting, and construction firm with offices nationwide. We are seeking a wide variety of dedicated, hard-working professionals with Science, Technology, Engineering, and Mathematics (STEM) backgrounds.
The fair is FREE to students.
Click for registration information
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